Flalingo Terms of Use and Service Agreement

This Terms of Use and Service Agreement (the “Agreement”) is entered into between Global Education Technology, C-corp, the owner of flalingo.com (the “Website”) and of the Flalingo mobile applications (the “Application”) (hereinafter referred to as “Flalingo”), and the natural or legal persons who register with these platforms or use the services offered on them (the “User” or the “Customer”). By accessing the Service you accept these terms without reservation.

1. Scope and Features of the Service

Depending on the package they select, Flalingo provides Customers with the following through its online platform:

• one-to-one live lessons with native English-speaking or expert teachers,
• lesson analysis reports, level assessment and tracking, and personalised practice, revision and reinforcement content produced by “FLAI”, our AI-assisted language learning coach,
• learning materials supported by CEFR-aligned publications and curriculum,
• the Smart Teacher Matching Algorithm and 24/7 live support.

The Customer is responsible for using the lesson credits included in the package purchased within the term of the Agreement.

2. Membership and Registration Requirements

To use the Service you must be at least 18 years old and have reached the age of majority in your country of residence. Registrations on behalf of persons who have not reached the age of majority may only be made by their legal representative (a parent or guardian). The User warrants that the information entered into the system (name, surname, e-mail address, payment details and similar) is accurate and kept up to date. Safeguarding account credentials, and not sharing them with third parties, is the User’s sole responsibility.

3. Distance Selling and Payment

Services are purchased by selecting a package on the Website or through the communication channels provided by our education consultants. As a result of technical changes to our payment systems, subscriptions started before 8 October 2024 are subject to automatic renewal through the Stripe payment infrastructure, while subscriptions started after that date are not subject to automatic renewal unless expressly stated otherwise. The Customer accepts the payment model applicable to them according to the date of their subscription. Prices may be updated by Flalingo at subscription renewal periods; where required by applicable law, we will notify you of any price change before it takes effect and, where the law so provides, obtain your consent or allow you to terminate before the new price applies.

4. Right of Withdrawal and Cancellation

If you are a consumer, the law of your country of residence may grant you a right to withdraw from this Agreement within thirty (30) days of purchase without giving any reason — for example under Directive 2011/83/EU on consumer rights in the European Union, or equivalent legislation in the United Kingdom and other jurisdictions.

That right does not apply, however, to the supply of digital content and of services that are performed immediately by electronic means, where performance has begun with your prior express consent together with your acknowledgement that you thereby lose your right of withdrawal. Accordingly, once you have attended your first live lesson session, been matched with a teacher, or used any part of your lesson credits (minutes), performance of the Service is deemed to have begun; from that point the right of withdrawal can no longer be exercised and no refund may be claimed. Nothing in this section affects any mandatory statutory rights you may have, including remedies for services that are not supplied as described.

For subscriptions that continue to renew automatically through Stripe (those started before 8 October 2024), the Customer may terminate the subscription manually by submitting a cancellation request to info@flalingo.com or through the in-platform support channels no later than 48 hours before the next renewal date. Where the automatic renewal cancellation button is unavailable for technical reasons, the cancellation process will be carried out immediately upon written notice.

5. Usage Restrictions and Code of Conduct

The Customer undertakes not to engage in insulting, harassing, discriminatory or otherwise improper conduct towards teachers, other participants or Flalingo personnel during live sessions. If this rule is breached, Flalingo reserves the right to terminate the Service immediately without any refund and to notify the competent authorities. Copying, reproducing or sharing platform content (lesson recordings, learning materials, FLAI reports) with third parties is prohibited.

6. Intellectual Property Rights

All intellectual and industrial property rights in the software, artificial intelligence algorithms (FLAI), trade marks and content licensed from third parties that are used on the platform belong to Flalingo or its licensors. The User is granted only a limited, non-transferable licence to use the platform for personal educational purposes.

If the platform is misused through reverse engineering or commercial copying, Flalingo will pursue all remedies available to it, including claims for damages under the laws of the State of California and any other applicable law.

7. International Data Transfers

Flalingo processes Customers’ personal data within the framework of its Privacy Notice and Privacy Policy. Because our teachers and cloud servers are located in a number of countries, including the United States, providing the Service necessarily involves transferring personal data across borders.

Where personal data is transferred out of the European Economic Area, the United Kingdom or any other jurisdiction that restricts international transfers, Flalingo relies on an adequacy decision of the competent authority or, where no adequacy decision applies, on appropriate safeguards within the meaning of Chapter V of the GDPR — in particular the Standard Contractual Clauses adopted by the European Commission and, for the United Kingdom, the International Data Transfer Agreement or Addendum — together with any supplementary technical and organisational measures required. A transfer may also be made where it is necessary for the performance of this Agreement. Where no adequacy decision or appropriate safeguard is available and no statutory exception applies, a transfer will be made only on the basis of your separately obtained explicit consent, which you may withdraw at any time without affecting the lawfulness of processing carried out before withdrawal.

By purchasing the Service the Customer acknowledges that they have been informed of these transfer arrangements. Further details, including how to request a copy of the safeguards we rely on, are set out in the Privacy Policy.

8. Limitation of Liability

The Service is provided on an “as is” basis. Flalingo cannot be held responsible for access problems arising from internet outages, hardware incompatibilities or events of force majeure. Flalingo’s total liability in the event of any loss is in all cases limited to the total amount paid by the Customer in the preceding 6 months.

Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any liability that may not be excluded under the mandatory consumer protection law of your country of residence.

9. Governing Law and Jurisdiction

These Terms and Conditions and the Customer’s use of the Service are governed by the laws of the State of California, United States of America. Flalingo will at all times act in accordance with the mandatory consumer protection laws of the Customer’s country of residence, and nothing in this Agreement deprives the Customer of the protection afforded by those laws. Disputes arising out of this Agreement shall be brought before the courts of Santa Clara County, California; however, if the Customer is a consumer, the courts of the Customer’s country of residence also remain competent for claims arising under mandatory consumer protection legislation, and the Customer may bring proceedings there.

This document is also available in other languages; in the event of any conflict between a translation and this English version, this English version shall prevail.