Terms and conditions of use

 

1. INTRODUCTION

Thank you for choosing English Coach (COACH AI SL with company number B-44769180, whose registered office is at Calle Clara del Rey 36 28002 Madrid, Spain) (“we, us, our”) to provide you (“you, your, yours, user”) with an online space for learning English. Our services include a personalized AI coach directing you through a wide variety of learning content, designed to facilitate the learning of English at all levels, on an application available to download on mobile and/or tablet devices (“Apps”) from our website https://www.englishcoach.ai(“Website”). Access to our content and courses, whether invented or to be invented, is our service to you(“Services”). Our Services are available at any time.

In order to access our Services, whether or not you are an existing or former user, you confirm that you have read these Terms and Conditions of Use (“Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy and Cookie Policies. We may occasionally make changes to our Terms. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. The updated Terms can be found at https://www.englishcoach.ai/terms. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We may terminate your access to the Services if you breach our Terms in accordance with clause 12.

Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.

We may update or require you to update the Services to implement technical adjustments or make improvements, provided that the Services shall always match the description provided in all material respects.

By using our Services, you confirm that (i) you are at least 18 years old; and (ii) your use of the Services will not violate any applicable law or regulation in the province state, territory or country in which you reside. If you are younger than 18, you confirm that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms. The Service is not intended for use by children under the age of 13.

 

2. REGISTRATION FOR SERVICES

You must register for an account by signing up with Google. (“Account”) You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us via email: [email protected], of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.

Once you have an Account, you can create an online profile (“Profile”). When creating your Profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.

 

3. PRIVACY POLICY

We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy and Cookie Policies located at https://www.englishcoach.ai/privacy-policy/ which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookie Policies) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.

 

4. OUR CONTENT

Except for the User Content (defined below) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content. Our name and logo ‘English Coach’ is our registered trademark/service mark. You are granted no general right or commercial license with respect to our trademarks, service marks and logos.

 

5. YOUR LICENCE

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.

 

6. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES

The Services may contain third-party owned content and links to other websites, (“Third Party Websites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.

 

USER CONTENT

We encourage to learning actively by posting content and keeping your user profile up to date. (“User Content”) By Posting User Content during your use of the Services, you grant to us an irrevocable, perpetual, non-exclusive, royalty free, transferable, worldwide licence (together with the right to sub-licence) to use, copy, translate, reformat, prepare derivative works from, incorporate into other works, excerpt, to distribute, to publicly display, in whole or in part, the User Content for the provision, delivery and promotion of the Services by us (“User Content Licence”).

We actively monitor User Content Posted via the Services and we reserve the right to remove any User Content that is Posted and is deemed by us in our reasonable opinion or has been notified to us as being the following (“Inappropriate Content”):

• Content that is offensive, indecent, objectionable, tasteless, harmful, hateful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy, or publicity or human or personal rights, or any content that is racially, ethically, sexually, politically or otherwise humanly unacceptable;
• Content that is a form of solicitation, including but not limited to, spam, junk mail, pyramid scheme, Ponzi scheme or any other form considered an inducement to engage in financial activity;
• Private information of any third party, including but not limited to contact, financial, or other personal details of persons living or deceased;
• User Content that you do not have the right to Post or make available in any way under any applicable law or contractual or fiduciary relationships, including but not limited to inside information, proprietary information, confidential information learned or disclosed, as part of employment or business relationships or under non-disclosure agreements;
• Content that contains software code of any kind without our express consent;
• Content that would constitute, encourage or provide instructions for a criminal offence, terrorist act or any other illegal or criminal activity;
• Content that, in our sole and reasonable opinion is objectionable or which restricts or inhibits any other person from using or enjoying the Services;
• Content that, in our sole and reasonable opinion may expose us, or any of our users, to any harm or liability of any kind; or
• Content that may disrupt other users’ capacity to remember effectively.

Although we actively monitor and may pre-screen some User Content, Inappropriate Content may not come to, or be brought to our attention immediately. You acknowledge and represent that by using the Services, you may be exposed to Inappropriate Content. We accept no liability in any way for any Inappropriate Content Posted and available via the Services. We reserve the right (but not the obligation) in our sole discretion to refuse, move or delete any User Content we consider Inappropriate Content that is brought to our attention and breaches these Terms.

 

8. USER CONDUCT

You are entirely responsible for the User Content that you Post. We do not guarantee the accuracy, or integrity or quality of any User Content posted by other users. You represent and warrant that the User Content which you post and your use of the Services shall not:

• Breach, violate or infringe in any way upon the intellectual property rights of any third party;
• Cause harm to minors in any way;
• Intimidate, stalk, mock, lambast, scare, pervert, or otherwise harass another individual;
• Be used to intentionally or unintentionally contravene or in any way not comply with regional, national and international law;
• Be used to forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
• Overburden, damage or impair the operation of the App, Website or the Services;
• Be used as a forwarding service to another website;
• Harvest or collect email addresses or other personal information from other users for any purpose whatsoever, including but not limited to sending unsolicited emails or messages;
• Be used to register for more than a small number of Accounts;
• Be used to register for an Account for anyone other than yourself; or
• Be used to register for an account for which you falsely state personal information or otherwise misinterpret yourself.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.

 

9. SUBSCRIPTION FEES

Our Services can initially be used free of charge. If you decide to advance your learning, we have a range of subscription options to best meet your needs. (“Fees”). Our Fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to occasionally update our Fees. You acknowledge that, if we change the Fees, this will not affect your existing subscription Plan, therefore, if you have signed up for Plan at a certain Fee, any Fee changes will not affect any current subscription or any Renewals.

The price detailed on our Website is the current price when you access the Services, including any taxes and delivery costs. VAT will be applied at the corresponding rate as established by the legislation in force. As the Services are online, no materials will be dispatched in physical format, and therefore there are no delivery costs.

English Coach will not be obliged to supply any product at an incorrect lower price if the error in the price is obvious, evident or unambiguous or constitutes a substantive error and that could have been reasonably recognised by you.

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for 7 day free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. You may cancel your membership at any time by going to your account settings.

 

10. CANCELLATION AND REFUND OF SUBSCRIPTION

You have a legal right under the Consumer Contracts Regulations 2013 to change your mind, without giving us a reason, and cancel your subscription within fourteen (14) days of the date you activated your plan in order to receive a refund.

We do not offer refunds or partial refunds outside of the refund option stated above. Any refund requested will result in payment being made into the account you used to pay the Fees within fourteen (14) days.

 

11. DELETING YOUR ACCOUNT

You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the cancellation of your Profile and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when you delete your Account, you will not receive a refund for any time remaining on your subscription.

 

12. TERMINATION OF YOUR ACCOUNT BY US

We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active subscription when we terminate your Account, you will not receive a refund for any time remaining on your subscription.

 

13. NO REPRESENTATIONS OR WARRANTIES

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.

Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

14. LIMITATION OF LIABILITY

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.

If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

 

15. INDEMNITY

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.

 

16. GENERAL INFORMATION

Access to and use of the Service will be governed and interpreted in accordance with Spanish law. If you are a consumer and have your habitual residence in the European Union, you also have the protection offered by any mandatory provision of the legislation of your country of residence.

Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights.

These Terms were originally written in English (UK). To the extent that any translated version of these Terms conflicts with the English version, the English version shall prevail.

If we fail to exercise or enforce any rights or provision of the Terms, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.

Any notices or other communication given by you to us shall be done via email: [email protected] and shall be deemed to have been received at 9.00am on the next business day after the message was sent.

 

17. QUESTIONS

Please contact us with any question you might have about these Terms via email: [email protected] using the subject “Questions about Terms”. Please also report any suspected or known violations of these Terms via the same email using the subject “Violations of Terms”. If you wish to notify us about any suspected copyright infringement of any third party, please email us via the same email address using the subject “Copyright notification”.