Terms of use - Mondly App

1. Scope

1.1 The following terms and conditions ("Terms of Use") apply between ATI STUDIOS A.P.P.S. S.R.L, with its registered office at 50A Griviței Avenue Building 15, Entrance C, 1st Floor, Apt. 1 Brașov County, Brasov, Romania ("Mondly") and you as a user of the Mondly App with its free basic functions as well as additional paid functions selected by you by way of so-called InApp Purchases ("Order(s)") (collectively "App").

1.2 The App can only be used by consumers, i.e., persons who are not acting for predominantly commercial or self-employed purposes ("users", "you").

1.3 References in these Terms of Use to the applicability of statutory provisions are for clarification purposes only. As such, the statutory provisions will still apply even if not set out in these Terms of Use, unless these are supplemented or expressly excluded.

2. Subject matter of performance and conclusion of contract

2.1 The Mondly App provides a language learning solution according to the available features that allow users to learn many different languages. Mondly App shall act as a tool to support users to improve language skills but does not promise that the user will reach a specific progress in learning a language.

2.2 The user can access the App via the Apple App Store or the Google Play Store and download it to his or her device in accordance with these terms of use here, which are displayed in each case as part of the contract initiation process and must be accepted by the user before starting the download process. By clicking on the download button, the user makes an offer to conclude a contract for the use of the App, including its free basic functions, which Mondly accepts by making the App available for use on the user's device.

2.3 If the user wishes to expand the basic functions of the App with additional functions for which a fee is charged ("premium features"), the user must place an order in the App. Offers by Mondly for paid content are not binding. Orders placed by the user constitute a binding offer to conclude a contract for the respective premium features. By clicking on the button "Order with obligation to pay", the user makes a binding offer to conclude a contract for the respective premium features. The user's offer only becomes binding for both parties when Mondly actually provides the premium feature in the App.

2.4 The user can use the App and all of its functions, regardless of whether they are paid or free of charge, without having to create a user account in the App. A user account only needs to be created if the user wishes to save their learning progress in the App.

2.5 For a limited period of time specified in the app, Mondly may, at its own discretion, make individual additional premium features available to the user free of charge for test purposes.

2.6 We will send you the contract, which contains the details of your order, as well as these Terms of Use in text form. For security reasons, the contract text is no longer accessible online after the contract has been concluded. Furthermore, you can access these terms of use in the App in the settings under "Info".

3. Tutoring Services

3.1 We offer Tutoring Services (also known as Mondly Class or Mondly Class sessions) as an additional service to customers who are over 18. If you are not over 18, you are not allowed to use the Tutoring Services. Users of Mondly Class must pay the fees shown during the order process. For clarity, this Section 3 will apply whenever you buy access to our Tutoring Services. No terms or conditions contained or referred to in any correspondence, order, documentation submitted by you elsewhere or implied by custom, practice or course of dealing will apply.

3.2 The Video Classroom experience of Mondly Class sessions will be delivered online using a platform provided by a third party, MCONF TECNOLOGIA LTDA EPP, also referred to as “Elos” (the Platform) and the use of the Platform by you may also be governed by the terms of any licence agreement that Elos may require you to adhere to regarding use of the Platform.

3.3 If your order for the Tutoring Service option is accepted, Mondly shall, in accordance with the scope of your order, provide live Mondly Class sessions taught by a Tutor, who is contracted by Mondly to deliver the Tutoring Services to learners in a group of no more than ten learners (the Mondly Class sessions). We reserve the right to restrict the number of active bookings for Mondly Class sessions at any time.

3.4 The Mondly Class sessions are advertised on the platform and can be booked on an ad hoc basis. Mondly shall use reasonable efforts to ensure that the Tutor specified on the Mondly Class description is available for the Mondly Class session as described. In the event that this is not possible, Mondly shall provide a substitute Tutor.

3.5 All online Mondly Class sessions will be recorded, and the recordings stored for a minimum period of six months for quality and safeguarding purposes.

3.6 You are responsible for all hardware, software, network availability and Internet connectivity required to use the Services. We will provide you on request with a specification of the connectivity, server, other hardware and software required to access and use the services.

3.7 Safeguarding

3.7.1 Mondly's (Pearson's) Safeguarding Statement is available here for all users to read at any time.

3.7.2 Mondly shall ensure that prior to granting the Tutor access to the Platform, the Tutor has read and agreed to comply with Mondly's and/or the Tutoring provider's Safeguarding Policies.

3.7.3 All communication between the Tutor and Mondly Class learners shall be via the Mondly Class Platform in the chat. Mondly may conduct spot checks of Mondly Class sessions for safeguarding and teaching quality purposes.

3.8. Cancellation

3.8.1 Mondly Class sessions are subject to cancellation or rescheduling at our discretion. If a Mondly Class session is rescheduled by a Tutor or Mondly, you will be notified as soon as practicable.

3.8.2 If no learner has booked a specific Mondly Class session or no learner is present at the scheduled beginning of the session, such a session shall be cancelled.

3.9 If you believe that there has been any breach of security (such as the disclosure, theft or unauthorised use of any ID or other passwords) or other unauthorised use of the Tutoring Services you must notify us immediately by emailing soc@pearson.com or such other contact as we may specify from time to time.

3.10 If we believe or have reasonable grounds to suspect that the Tutoring Services are being used by you in any way which is not permitted in the Agreement, we may suspend your use of the Tutoring Services and block access from your ID (this will not affect any other legal rights which we may also have under the Agreement or otherwise) and we may choose to terminate your use with immediate effect. We will not refund your Fees in that case.

3.11 Mondly and its licensors own all copyright and all other intellectual property rights in all materials provided in connection with a Mondly Class session. You agree that you shall not reproduce, sell, hire or copy such materials (in whole or in part) and shall not use such materials except for the purposes of post-Mondly Class session reference.

4. Prices and terms of payment

4.1 The user can use the App with the basic functions specified in the service description free of charge.

4.2 For the use of the premium features of the App that go beyond the basic functions of the App, the user must pay the fees shown during the order process.

4.3 Depending on the operating system of the user's device, payment is made via the Apple App Store or Google Play Store account using the means of payment available there. The terms and conditions of the Apple App Store and the Google Play Store will apply in relation to this payment.

4.4 An internet connection is required to download the app, which must be provided at the user's own expense.

5. Rights of use

5.1 During the term of the respective contract, Mondly grants the user the non-exclusive, non-transferable, non-sublicensable right to use the App, including its free basic functions and any premium features, on a single mobile end device, limited to the term of the contract, exclusively for private purposes in accordance with these Terms of Use, i.e. to install it on the respective device, to copy it to the extent technically necessary for use in accordance with the contract, to load it, to display it and to run it.

5.2 Neither the App nor its respective free basic and premium features may be shared with or made available to third parties without Mondly's prior written consent. In particular, the user may not grant third parties access to the App and its service components, and in particular may not disclose its access data to third parties. If the user creates a user account, the user must protect his user password from access by third parties and keep it secret. The user may not pass on his password to unauthorised third parties.

5.3 In particular, the user is prohibited from (i) sublicensing, selling, reselling, transferring, assigning, distributing, sharing, leasing, renting or otherwise generating revenue from the Mondly Services, (ii) reverse engineering, disassembling, deciphering, translating, decompiling or creating derivative versions of the Mondly Software, except as required by law, (iii) enter or generate any data or other content in the App that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

5.4 For the term of the respective contract, the user grants Mondly the non-exclusive, non-transferable and non-sublicensable right to use content entered by the user in the App, in particular to reproduce, store and process it in the App on the user's mobile device to the extent that this is necessary for the use of the App, including its respective free basic and premium features, for the benefit of the user in accordance with these Terms of Use and the Description of Services.

6. Term and termination

6.1 The use of the App, including its free basic functions, is not subject to a fixed term. Mondly or the user are entitled to terminate the App at any time with immediate effect. Mondly can terminate by deactivating a corresponding free basic function in the App or the App as a whole. The user may terminate the App including its free components by uninstalling the App from their mobile device. Mondly's must not terminate the App including its free basic functions to the extent that the user has subscribed to premium features which require the use of the free App and/or its free basic features as a precondition.

6.2 For premium features, depending on the respective additional function, an initial term of 30 calendar days or 12 months applies from the day of activation of the premium feature in the app. The term of the premium feature is indicated in the App its respective description in the app and can be viewed transparently in the app on an ongoing basis. After expiry of the initial term, this is automatically extended for another same period, whereby the user is entitled to terminate the contractual relationship extended in this way at any time with a notice period of one month. Users can terminate by deselecting the respective premium feature in the Apple App Store or the Google Play Store.

6.3 The right of either party to terminate the respective contract for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account the respective circumstances of the individual case and weighing the interests of both parties, can no longer reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. If the good cause consists in the breach of an obligation under the contract, termination is only permissible after the unsuccessful expiry of a period set for remedy or after an unsuccessful warning. Section 323 (2) numbers 1 and 2 German Civil Code shall apply mutatis mutandis to the dispensability of setting a time limit for remedial action and to the dispensability of a warning. The determination of a time limit for remedial action and a warning are also dispensable if there are special circumstances which justify immediate termination after weighing the interests of both parties.

6.4 In the event of termination, for whatever reason, all rights of use granted to the user in respect of the terminated contractual service shall come to an end. I.e., in the event of termination of a particular premium feature, the user's rights of use to this terminated premium feature will come to an end, but the user's rights to use other premium features or the App and its free basic functions will continue (unless these have also been terminated). If the user terminates due to a breach of a contractual obligation by Mondly and/or for good cause and if the Customer has paid usage fees in advance, Mondly will refund the Customer the usage fees paid in advance on a proportionate basis for the period from the date on which the termination takes effect.

7. Warranty

7.1 If the App, including its free basic functions and any premium features selected by the user, contains a defect at the time of provision which renders the App, a free basic function and/or a premium feature unsuitable for use in accordance with the contract, or if such a defect arises during the term of the contract, the user will not be charged for the period during which the App was not suitable.

7.2 In cases in which the suitability of the app, a free basic function and/or a premium feature for use in accordance with the contract is not unavailable but merely reduced, the user shall only pay a reduced usage fee. A non-material defect or interruption shall not give rise to a reduced fee.

7.3 Claims for damages by the user shall be subject to the limitations of liability set out in the following clause 8.

8. Liability

8.1 In the event of culpable injury to life, limb or health, the existence of a guarantee, fraudulent intent or in cases of liability under the Product Liability Act, Mondly shall be liable in accordance with the statutory provisions.

8.2 Also in accordance with the statutory provisions, Mondly is liable for damage caused by intent or gross negligence, including intent or gross negligence on the part of Mondly's representatives or vicarious agents.

8.3 In the event of a slightly negligent breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper implementation of the contractual agreement, the breach of which jeopardises the achievement of the contractual purpose and the observance of which the user can regularly rely on, Mondly shall be liable in accordance with the statutory provisions but limited to compensation for the typically foreseeable damage.

8.4 In all other respects, liability on the part of Mondly is excluded, irrespective of the legal grounds. This applies in particular to liability under Section 536a Paragraph 1 Sentence 1, 1st Alt. German Civil Code.

8.5 The above provisions also apply in favour of Mondly's vicarious agents.

9. Property and commercial property rights

Mondly is and remains the owner of all property rights and industrial property rights, in particular copyright and exploitation rights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and similar rights, including technical solutions, in and relating to the App and its performance components, in particular the language content and learning methods.

10. Accessibility

10.1 Mondly is committed to helping a vast and diverse world learn languages. We strive to have our apps meet industry standards for accessibility, and we welcome your feedback and questions. For feedback or problems with accessibility, please our Customer Support team via support@mondly.com. Please include information about your device, operating system, and a screenshot of the issue you're experiencing.

10.2 Font size increase
You can quickly zoom in to change the font size for your current browser window or tab. This method is a temporary solution, and font size may not be retained if you open another tab or window.
Here are instructions for doing this with different operating systems:
Windows users: Press the CTRL and + keys to zoom in, and the CTRL and - keys to zoom out.
MacOS users: Press the CMD and + keys to zoom in, and the CMD and - keys to zoom out.

10.3 Mondly on mobile devices
Being a mobile-first solution, Mondly has been built taking into account the needs of visually and hearing-impaired audiences. Mondly is in line with Apple's Accessibility Standards and is in the process of becoming compliant with Android's Accessibility Standards.

11. Other

11.1 The App and its service components may contain links to certain third-party products, services or software. The Customer acknowledges that any use of such third-party service is governed solely by the contractual terms and privacy policies of the relevant third-party provider and that Mondly does not recommend, is not liable for, and makes no representations regarding any third-party service, its content or the manner in which such third-party service uses, stores or processes data.

11.2 The interpretation of this contract and all matters relating to this contract, including its formation, shall be governed exclusively by German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.