Table of contents
  1. §1 Definitions
  2. §2 General provisions
  3. §3 Technical Requirements
  4. §4 Registering an Account, formal conditions of accessing the Software
  5. §5 Free Services
  6. §6 Paid Services
  7. §7 Free Trial Periods
  8. §8 Term of Subscription
  9. §9 Fair Use Policy and Limitation of Liability
  10. §10 Personal Data Protection
  11. §11 Consumer Rights
  12. §12 Suspension and removal of Accounts
  13. §13 Complaints
  14. §14 Jurisdiction and governing law
  15. §15 Miscellaneous Provisions

TERMS AND CONDITIONS

§1 Definitions

Capitalized terms in these Terms and Conditions will have the following meaning:

  • Consumer – a Customer, who is a natural person and enters into a Contract with the Provider, whereby such Contract is not connected with that Customer’s business or professional activity or where such Contract is connected with that Customer’s business activity but according to information available in the appropriate business register, the Contract is not connected with their scope of business;
  • Provider – “Skrivanek” sp. z o.o. with its registered seat in Warsaw /address: pl. Konstytucji 6/75, Warsaw, Poland/ entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw under the NCR number 0000024886 holder of the tax ID number (NIP) 6342245400 and business register number (REGON): 273716037, share capital: PLN 150.040;
  • Registered User – a natural person designated by the Customer (or the Customer themselves) for the use of the Website, entering into, amending or terminating Contracts with the Provider;
  • Subscription – a recurring payment made periodically or in advance by the Customer in consideration of the license as per the Contract;
  • Terms and Conditions– this document, describing in detail the terms and conditions of Contracts entered into via the electronic means made available to Customers by the Provider via the Website;
  • User – any natural person visiting the Website;
  • Website – the website administered by the Provider and available under the following address: www.langzy.org, along with all its subpages;

§2 General provisions

  1. These Terms and Conditions constitute an integral part of any and all Contracts entered into between the Provider and Customers, defining the rights and obligations of both parties.
  2. Registering an Account on the Website is required to access the services offered by the Provider.
  3. The Provider and the Customer are obligated to comply with the provisions of the Terms and Conditions.
  4. The appearance and content of the Website itself constitute intellectual property of the Provider and are protected by applicable laws, including but not limited to the Polish act on copyrights and related rights of 4 February 1994.
  5. Accepting these Terms and Conditions is a requirement to register an Account as well as to conclude any and all Contracts with the Provider. By accepting these Terms and Conditions, the Customer agrees to be bound by the provisions laid out herein.
  6. The Provider informs that they are using state of the art security measures to assure the safety of both data provided by the Customer as well as any and all Users and the security of all actions taken with the use of the Website in normal course of using it in accordance with these Terms and Conditions. However, the Provider informs that due to the public nature of the Internet, the use of which is necessary for the use of the Website, such use is naturally connected with a potential risk of third-party interference in the data transfer between the Provider and Customer or User as well as between Users. In particular, the Provider brings attention to potential risks connected with the use of the Website by unauthorized persons in any case where the User does not exercise appropriate due diligence in setting up and protecting their unique username and password or makes such information available to third persons or remains logged into the Account when not using either of them. Any and all liability of the Provider for damage, loss or harm incurred by Customers or Users as a result of such occurrence is excluded.

§3 Technical Requirements

  1. The use of the Website and services available from the Provider requires that the following requirements are met by the Users:
    • possession of an active e-mail account;
    • access to a device with internet access and an installed internet browser;
    • an active internet connection;
    • enabled cookies in the Users internet browser and the acceptance of essential cookies which are required for the Website’s function;
  2. The following are internet browsers supported by the Provider:

    1. Microsoft Edge n-2

    2. Google Chrome n-2

    3. Mozilla Firefox n-2

  3. The Provider informs that it may be possible to use the Website without satisfying the requirements described in this § 3 above, but in such case the operation of the Website may be unstable and not all functions may be available. The Provider disclaims any and all liability for any attempt to use the Website without satisfying the requirements set out in these Terms and Conditions.
  4. The Provider informs that access to the Website may be restricted or impossible in the event of server or network maintenance as well as any other periods of limited connectivity caused by circumstances for which the Provider bears no responsibility. The Provider undertakes to make sure that such occurrences are as infrequent and short in duration as possible, but cannot guarantee that the Website shall be available at all times.

§4 Registering an Account, formal conditions of accessing the Software

  1. In order to use the Software a User must create an Account on the Website.
  2. Account registration may be done only by Users, who: (i) are 13 years of age or older; (ii) have accepted these Terms and Conditions.
  3. The Registration of an Account requires providing, in the registration form, the following information:
    1. e-mail address and password;
    2. username;
    3. in the case of the Commercial Customer – trade name and tax ID.
  4. Registration of an Account requires the acceptance of these Terms and Conditions.
  5. Alternatively, an Account may be created if a User logs in to the Website via their Google or Facebook account.
  6. These terms and conditions do not apply, unless otherwise stated in a separate contract, to any legal relationship between the Provider and corporate customers who wish to license and use the Software as a white label solution in their own business. Such relationships shall always be governed by a separate agreement concluded between the Provider and such client.

§5 Free Services

  1. The Provider offers, free of charge, access to the Website, as well as any content on the Website’s homepage (commercial information, blog posts, news, etc.) as may be from time to time added or modified.
  2. Services referred to in section 1 above do not require that the User has a Registered Account.

§6 Paid Services

  1. The Provides offers paid services in the form of access to the Software. Payments are made in the form of purchasable Subscriptions.
  2. Services referred to in section 1 above require that the User has a Registered Account.
  3. Access to paid services shall be made available to Users immediately after the receipt of payment by the Provider (either the full prepaid amount or the value of Subscription for the first billing period, depending on the chosen Subscription).
  4. The Provider offers Licenses for an indefinite period, with Subscription fees billed periodically every month as well as Licenses for a predefined fixed period (including a lifetime license), with a single payment Subscription made up front, at the beginning of the Licensing period.
  5. Licenses purchased for a predefined fixed period of time may only be prematurely terminated by the Provider and only in the event that the Customer (or Users associated with their Account) breach these Terms and Conditions or regulations of generally applicable law as they apply to the use of the Software or in the event that the Software shall be discontinued by the Provider.
  6. Licenses purchased for an indefinite period of time with recurring billing may be terminated by the Provider or the Customer for convenience, observing a 30 day notice period, effective at the end of the billing period current at the moment of notice period expiration or by the Provider with immediate effect in the event that the Customer (or Users associated with their Account) breach these Terms and Conditions or regulations of generally applicable law as they regard to the use of the Software (whereby a lack or delay in timely payment in accordance to the chosen Subscription plan shall be treated as material breach of these Terms and Conditions).
  7. Access to the Software is granted in the scope of allowing the user to use the Software’s functionalities, which are described on the Website (scope of license) for the sole purposes of language learning. The Provider reserves the right to modify, add or remove functions from the Software for technical and/or business-related reasons. Registered Users shall be informed about any changes made to the Software in patch notes delivered via e-mail (to the address associated with the Account) and made publicly available on the Website.

§7 Free Trial Periods

  1. The Subscription may be made available to the User for a free trial period, which means access for a limited period of time, without charging the User using their chosen payment method. The duration of the trial period shall be 7 days and may be limited to only certain types of Subscriptions, which shall be clearly indicated in the ordering process.
  2. In the case of purchasing a Subscription with a trial period, you must provide the correct payment method in order to use the selected Subscription Plan during the Trial Period. Your payment method will not be charged for access to the Subscription Plan during the trial period.
  3. At the end of the trial period, User's Subscription will be automatically renewed periodically or extended to the predefined term in accordance with the chosen Subscription on the renewal date applicable to it.
  4. The payment will not be charged until the trial period has ended. To avoid being charged, you must cancel the automatic renewal of your Subscription before the end of the trial period.

§8 Term of Subscription

  1. The customer is granted access to the Subscription Plan when all of the following conditions are met:
  2. Customer places an Order via the Website by clicking on the “Get Started” and “Subscribe”, having: (i) chosen one of the available types of Subscriptions, and (ii) accepted these Terms and Conditions;
  3. Customer makes a payment for the chosen Subscription via an external payment operator ([Stripe]) – terms and conditions of using such payment operators apply
  4. Provider sends a confirmation e-mail that the Subscription has been paid for;
  5. Customer gets access to the paid Subscription Plan.
  6. Subscriptions may be cancelled by the User at any time; however, any such cancellation shall only take effect upon the end of the currently paid Subscription period.

§9 Fair Use Policy and Limitation of Liability

  1. The Service offered by the Provider is subject to a Fair Use Policy, the aim of which is to ensure equal access to the Website for all Users.
  2. The Provider reserves the right to monitor the use of the Service by Users in order to collect data to maintain and upgrade the Service as well as in order to ascertain whether User’s actions do not breach these Terms and Conditions.
  3. In the case that a User is found to be using the system excessively or not in accordance with the purpose of the service, the Service Provider retains the right to restrict access to the account, temporarily suspend or permanently block the User's account.
  4. These actions may be taken without prior notice to the User if it is deemed that the excessive use adversely affects the functioning of the system or violates the provisions of the Terms and Conditions as well as the terms of the chosen license option.
  5. The Software is provided by the Provider as-is. Software is provided under the sole stipulation that the Provider shall take reasonable and commercially reasonable care to make sure that the Software shall have the functionality described in the up-to-date specification. The Provider does not however give any further reaching warranties, guarantees or representations. In particular the Provider does not give a warranty of fitness for any specific purpose for the Software. Statutory warranty for any defects of the Software is excluded pursuant to art. 558 § 1 of the Polish Civil Code, and any liability or responsibility for the Software’s performance on the Provider’s part shall be excluded insofar as admissible under law.

§10 Personal Data Protection

  1. Any personal data of Users entered into or otherwise made available to the Provider during the course of using the Website, shall be processed by the Provider as controller pursuant and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Detailed information on the procedures connected with data processing are outlined in the Providers Privacy Policy.

§11 Consumer Rights

  1. Consumers have the right to withdraw from a contract concluded remotely without giving any reason within 14 (in words: fourteen) days.
  2. The 14-day period indicated in the paragraph above is calculated from the date on which the conclusion of the contract took place, with regards to license agreements for the use of the Software that is defined in §8 above.
  3. In order to exercise the right of withdrawal, the Customer should make an unequivocal statement to the Provider about the exercise of this right, e.g. by traditional mail or electronic mail.
  4. In case of effective withdrawal by a Consumer, the Provider shall, no later than within 14 days of receipt of the declaration of withdrawal from the contract, return to the Customer the amount paid thereby, blocking the access to the Software.
  5. The refund will be made by the same method as the form of payment chosen by the Customer when placing the Order, unless the Customer, when making a statement of withdrawal, indicates the bank account number to which the refund should be made.
  6. A Consumer does not have the right to withdraw from contract in the event where such Contract pertains to the sale of digital goods not delivered on a physical data storage device, if the Consumer was obligated to pay for such digital goods and was informed before the delivery of such goods that they shall lose their right to withdraw from the Contract if the delivery takes place and has acknowledged this and a confirmation of entering into the Contract was delivered to the Consumer along with an information on their consent to deliver digital goods in circumstances excluding the right to withdraw from the Contract.
  7. A user who is a Consumer also has the opportunity to use the EU ODR online platform, available at the following web address: http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.
  8. For the avoidance of doubt, no provision of these Terms and Conditions is to be construed in such a way as to limit or exclude inalienable rights granted to Consumers by provisions of generally applicable law. In the event that any provision hereof is found to be in violation of such inalienable Consumer rights, such provision shall be treated as null and void and the appropriate statutory regulations shall apply in its stead.

§12 Suspension and removal of Accounts

  1. Users may delete their Accounts at any time. However, deleting an Account during a Subscription’s term, shall not authorize the Customer to claim reimbursement for the unused time of their Subscription.
  2. Deleting an Account authorizes the Provider to permanently remove any and all User data that was introduced, stored or processed within such Account or input into the Software. The Provider however also reserves the right to process any data connected with an Account in the scope in which such processing is required for purposes of documenting any operations made with the use of that Account and for a period of time until any and all potential conflicts or claims connected with such User Account are resolved or have expired.
  3. The Provider may also suspend access to an Account in the event that they ascertain that the User has violated any of the provisions of these Terms and Conditions or uses the Software in a manner that is not covered by the license granted by the Provider or if the User uses the Software or Website in any way that aims or leads to any breach of generally applicable law or to violate any rights of third parties (including copyrights, personal rights etc.), if upon a demand for cessation of such actions, the User does not immediately comply. An Account may also be suspended if it becomes obvious, beyond reasonable doubt that the Account was compromised or stolen.
  4. Suspending a User Account may be connected with the loss of access to the Website and the Software, which the Users hereby acknowledge.
  5. User Accounts that have been inactive (no active Subscriptions connected to the Account) for a period of 5 years or suspended due to violations described in clause 3 above for a period of more than 6 months, may be deleted by the Provider.

§13 Complaints

  1. Complaints regarding the operation of the Website may be submitted by Users, subject to section 2 below, by the User’s choice in one of the following methods: email info@langzy.org or phone +48 575 288 381
  2. A complaint must indicate the User, which is submitting the complaint as well as a detailed description of the problem that the User encountered in the operation of the Website.
  3. The Provider shall respond to any complaints no later than within thirty (30) days.

§14 Jurisdiction and governing law

  1. These Terms and Conditions as well as any Contracts concluded between the Provider and the Customers shall be governed by the laws of the Republic of Poland and should be construed in accordance thereby.
  2. Any disputes that shall not be settled amiably between the Provider and the Consumers shall be resolved by Polish common courts (exclusive jurisdiction), by a court competent for the seat of the Provider.
  3. Provisions of clauses 1 and 2 above are subject to § 10 clause 8.

§15 Miscellaneous Provisions

  1. The Provider reserves the right to amend these Terms and Conditions at any time. Such changes will be notified by means of publication of the new version hereof on the Website and e-mail notification to the e-mail addresses indicated by Users in their registered Accounts. However, such changes will take effect subject to the following rules:
    1. Any Software licenses purchased after the day of such change will be concluded pursuant to the rules set out in the amended Terms and Conditions;
    2. any Contracts for an indefinite period of time (with an ongoing monthly or otherwise recurring subscription) shall be considered amended from the start of the nearest billing period, which shall begin after 14 days from the aforementioned e-mail notification, unless such change must be affected due to legal or technical requirements, in which case they shall come into force – in the scope required by law or technical issues, with immediate effect.
  2. The provisions of section 1 above apply mutatis mutandi to changes in pricing of Subscriptions or specifications of the Software.
  3. Any and all communication from the Provider to Customers and Users will be made via the e-mail addresses indicated by them while registering their Accounts (as may be from time to time updated). Any and all correspondence from Customers or Users to the Provider should be sent to the following addresses, depending on the nature of the issue at hand: (i) for technical support and complaints regarding the functioning of the Website: as stated on the langzy.org website; (ii) for personal data protection related inquiries: as stated in Privacy Policy; (iii) in all other matters: as stated on langzy.org website.
  4. This version of the Terms and Conditions is adopted as of 28.08.2024. The current version is always available at the following electronic address: langzy.org – under Terms and Conditions.