Terms and Conditions

Welcome to the Terms and Conditions of Speekl, LLC (collectively referred to as "Speekl", "speekl.com", "we", "our" or "us" in these Terms and Conditions). At Speekl, we strive to provide a satisfactory user experience and ensure transparency in our terms and conditions. These Terms and Conditions outline the terms, rules, and guidelines for using the services provided by Speekl. These services include, but are not limited to, the Speekl mobile application, Speekl web application, and the web-based tutor panel, collectively referred to as the “Platform.” It also outlines the terms, rules, and guidelines for using our Websites, regardless of where you visit it from.

By using and/or ordering services, and/or downloading the Platform, you agree to these Terms and Conditions, and you acknowledge that you have read and agree to be bound by it.

If you disagree with any part of these Terms and Conditions, then please do not use the Platform.

  1. Definitions

    Speekl (also referred to as "speekl.com", "we", "our" or "us") — Speekl, LLC, a limited liability company registered and organized under the laws of the State of Delaware and having its registered office at 1111b South Governors Ave, STE 7418, Dover, DE 19904, USA.

    Platform — online language learning platform developed by Speekl, which facilitates the language learning process between Students and Tutors, including but not limited to the Speekl mobile application, Speekl web application and the web-based tutor panel.

    Websites — Speekl’s websites, including but not limited to website located at speekl.com, and its sub-domains.

    Student — a user that purchases Tutoring Services by using the Platform.

    Tutor — a user that provides Tutoring Services by using the Platform.

    Tutoring Services — all tutoring services provided by a Tutor to the Students, including but not limited to paid lessons, packages and other online language tutoring services by using the Platform.

    Lesson — a paid instructional session conducted between a Tutor and a Student through the Platform.

    Speekl Classroom — a video conferencing tool, allowing Students and Tutors to meet each other and conduct Lessons virtually - either by video or audio-only or both.

    User (also referred to as “you”) — any individual accessing or utilizing the services and functionalities offered by the Platform, including but not limited to Students and Tutors.

  2. Acceptance of Terms

    The Platform is provided for educational purposes and facilitates the delivery of Tutoring Services between Students and Tutors. These Terms and Conditions govern your use of the Platform and any related services provided by us.

    You acknowledge that these Terms and Conditions may be updated or modified from time to time, and it is your responsibility to review and familiarize yourself with any changes. Continued use of the Platform after such modifications signifies your acceptance of the updated Terms and Conditions.

    By using the Platform, you represent and warrant that you meet all eligibility requirements and that any information you provide is accurate, complete, and current. You also agree to comply with all applicable laws and regulations while using the Platform.

    By accessing or using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using the Platform or immediately discontinue its use.

    Please note that separate agreements or policies may apply to specific features or services within the Platform. By using such features or services, you agree to be bound by any additional terms and conditions or policies associated with them.

  3. User Eligibility

    By using the Platform, you represent and warrant that you meet the following eligibility criteria:

    • Age Requirement: The Platform is intended for individuals who are 18 years of age or older and have the legal capacity to enter into binding contracts under applicable law. If you are under the age of 18 but at least 13 years old, you may use the Platform as a Student only under the supervision and in conjunction with a parent or legal guardian. The parent or legal guardian assumes full responsibility for any and all activities related to the use of the Platform by the aforementioned individuals.

      By using the Platform as a Student, you agree and confirm that you will not permit any individual under the age of 13 to access or use the Platform.

      By using the Platform as a Tutor, you agree and confirm that you are 18 years of age or older.

    • Registration: To access the full functionality of the Platform, you are required to be a registered User. By registering, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

    • Payment Method: The Platform accepts only online payment methods. In order to cover the cost of Lessons if you are a Student or receive compensation for Lessons if you are a Tutor, you are required to possess a valid credit or debit card that is compatible with the Platform's payment processor. By using the Platform, you authorize the processing of payments using your selected payment method.

      To review the additional payment terms and find out about how we handle refunds, please refer to our the Payment, Cancellation and Refund Policy. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

    • Internet Connection: As Lessons provided through the Platform are conducted online via Speekl Classroom, you are responsible for ensuring a stable and reliable Internet connection. A good Internet connection is necessary to participate in Lessons without interruptions or technical difficulties.

    If you do not meet any of the above eligibility criteria, or if you do not agree to these Terms and Conditions, you must refrain from using the Platform. By using the Platform, you acknowledge and confirm that you meet the specified eligibility requirements and are fully capable of complying with these Terms and Conditions.

    We reserve the right to suspend or terminate your access to the Platform if we determine that you do not meet the eligibility criteria or if you violate any provisions of these Terms and Conditions.

  4. User Accounts

    To fully access and utilize the features of the Platform, you must create a registered User account. While you may use the Platform as a Student without being a registered User, please note that certain main features of the Platform, such as booking Lessons, participating in Lessons, and making payments, are reserved for registered Users only.

    To become a registered User, you are required to create a Student account within the Platform. The registration process involves providing your email address, verifying it with an OTP code, and providing your full name. The security and handling of your personal data during this process are subject to our Privacy Policy.

    While creating your account, you have the option to provide additional information such as your profile photo. Please note that providing this information is not mandatory, and you have the discretion to edit your account details as needed. The security of your personal data is subject to our Privacy Policy.

    By creating an account, you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your account credentials. You are responsible for any activity that occurs under your account credentials. Speekl shall not be held liable for any loss, damage, or expenses incurred as a result of your failure to protect your account credentials. You agree not to rent, resell, or provide access to the Platform to any third party.

    If you suspect or become aware of any unauthorized use of your account credentials, it is your responsibility to promptly notify us so that appropriate action can be taken. You can contact us by using the details provided in the "Contact Us" section.

    Please be aware that the Platform reserves the right to suspend or terminate your account if any violation of these Terms and Conditions is detected or if we believe it is necessary to protect the security and integrity of the Platform and its Users.

  5. Platform Usage

    By using the Platform, you agree to comply with the following terms and conditions regarding its usage:

    • Permissible Use: The Platform is primarily intended for personal and non-commercial use by Students. Students may access and use the Platform solely for the purpose of accessing educational resources, booking Lessons and having Lessons. However, it also allows Tutors to register and use the Platform for the purpose of offering their Tutoring Services and earning income. Any unauthorized use of the Platform or its content is strictly prohibited.
    • Account Responsibility: You are responsible for maintaining the confidentiality and security of your account credentials, including your email address and one-time password (OTP). You agree not to share your account credentials with any third party or allow unauthorized access to your account. Any activity that occurs under your account is your responsibility.
    • Lawful Use: You agree to use the Platform in compliance with all applicable laws, regulations, and guidelines. You shall not use the Platform for any unlawful, fraudulent, or malicious activities, including but not limited to unauthorized access, data breaches, or transmission of harmful content. Both Tutors and Students agree to engage with each other in good faith and honor the commitments made via the Platform.
    • Prohibited Activities: You are prohibited from engaging in the following activities while using the Platform:
      • Modifying, adapting, translating, or reverse-engineering the Platform or any part thereof.
      • Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, abusive, or infringing upon the rights of others.
      • Circumventing or manipulating the fee structure, billing process, or any fees owed to Speekl or the Tutor.
      • Interfering with the proper functioning of the Platform or any network connected to it.
      • Impersonating any person or entity or falsely representing your affiliation with any person or entity.
      • Collecting or storing personal information of other Users without their consent.
      • Engaging in any activity that may disrupt or compromise the security or integrity of the Platform or its Users' data.
    • Links to third-party websites: The Platform may include links to websites that are not operated or controlled by Speekl. Please note that Speekl is not responsible for the content of any linked website. Any website accessed through these links is independent of Speekl, and Speekl has no control over the content or use of such websites. The inclusion of a link to a third-party website does not imply endorsement or acceptance of responsibility by Speekl for the content or use of that website. When accessing and using any third-party website, we recommend that Users carefully review and abide by the terms of service and privacy policy of that website. It is important for Users to exercise caution and use their own judgment when interacting with third-party websites.
    • Suspension or Termination: Speekl reserves the right to suspend or terminate your access to the Platform at any time, without prior notice, if you violate these Terms and Conditions or engage in any activities that may harm the Platform, its Users, or Speekl's reputation.
    • Disclaimer of Liability: Speekl shall not be held liable to any User of the Platform or any other individual or entity for any direct, indirect, special, incidental, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, loss of data, loss of use, or costs incurred in obtaining substitute goods or services. Such damages may arise from the use of the Platform, inability to use it, unauthorized access or use, or misuse of the Platform or any information contained therein. This applies regardless of whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and even if has been advised of the possibility of such damages or losses.
    • Modification of Terms: Speekl reserves the right to modify or update these Terms and Conditions at any time without prior notice. It is your responsibility to review these terms periodically to stay informed of any changes.

  6. Intellectual Property

    Speekl holds exclusive rights to all Intellectual Property associated with the Platform, including but not limited to its source code, design, and content developed or contributed during the Platform's operation, modification, or enhancement. This includes but not limited to patents, copyrights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, know-how and all other intellectual property rights.

    The service marks and trademarks of Speekl, including without limitation Speekl and the Platform logos are service marks owned by Speekl, LLC. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

    Users are prohibited from reproducing, distributing, or disclosing any Intellectual Property Rights or confidential materials of Speekl without prior written consent.

    No ownership rights, title, or interest in Speekl's Intellectual Property Rights are transferred to the User under these terms.

  7. Privacy Policy

    Protection of your personal data is of utmost importance to us at Speekl. As you engage with the Platform, we may collect and use your personal information. It is essential to have a clear understanding of how we collect and utilize your data. To gain detailed insights into our data practices, please refer to our Privacy Policy. By continuing to use the Platform, you confirm your acknowledgment and acceptance of our Privacy Policy, which outlines our commitment to safeguarding your personal information.

  8. User Conduct

    By using the Platform, you agree to abide by the following guidelines regarding your conduct:

    • Compliance with Applicable Laws and Terms: You shall comply with all applicable laws, regulations, and these Terms and Conditions while using the Platform.
    • Respect for Intellectual Property: You shall respect the intellectual property rights of others and refrain from using any content, materials, or information from the Platform in a manner that infringes upon the intellectual property rights of any third party.
    • Prohibited Activities: You shall not engage in any activities that are unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, or otherwise objectionable. This includes, but is not limited to, the following:
      • Posting or transmitting any unauthorized or unsolicited advertising, promotional materials, or spam.
      • Uploading, distributing, or sharing any content that contains viruses, malware, or other harmful components.
      • Interfering with the Platform's functionality or disrupting the experience of other Users.
      • Engaging in any activity that violates the privacy or rights of other Users or individuals.
    • Responsible Use: You shall use the Platform responsibly and refrain from any actions that may negatively impact the Platform's performance, security, or availability. This includes refraining from any attempts to gain unauthorized access to the Platform or its underlying systems.
    • Interaction with Other Users: When interacting with other Users, you shall maintain a respectful and professional demeanor. Any communication or content exchanged between Users shall adhere to the guidelines set forth in these Terms and Conditions.
    • Reporting Violations: If you become aware of any violations of these Terms and Conditions or encounter any inappropriate conduct by other Users, you agree to promptly report such incidents to us for appropriate action to be taken.

    Failure to comply with these User conduct guidelines may result in the suspension or termination of your access to the Platform, at our sole discretion. We reserve the right to investigate and take necessary legal action in response to any violation of these Terms and Conditions or applicable laws.

  9. Content Submission

    By submitting any content, including but not limited to text, images, videos, or other materials (collectively referred to as "Content"), to the Platform, you agree to the following terms:

    • Ownership and Rights: You retain ownership of any Content you submit to the Platform. However, by submitting Content, you grant Speekl a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform and display the Content in connection with the operation and promotion of the Platform.
    • Content Accuracy and Legality: You are solely responsible for the accuracy, legality, and reliability of the Content you submit. You represent and warrant that you have all necessary rights, permissions, and consents to submit the Content and that the Content does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or any other proprietary or personal rights.
    • Prohibited Content: You agree not to submit any Content that is unlawful, defamatory, infringing, obscene, offensive, harmful, or otherwise objectionable. Speekl reserves the right to remove or reject any Content that violates these terms or that we deem inappropriate, in our sole discretion.
    • User Responsibility: You understand and acknowledge that you are solely responsible for any consequences arising from the Content you submit. Speekl does not endorse, guarantee, or assume any responsibility for the accuracy, integrity, or quality of any Content submitted by Users.
    • Content Monitoring: While Speekl does not actively monitor User-submitted Content, we reserve the right to review, modify, or remove any Content that violates these terms or is deemed inappropriate, in our sole discretion.
    • Content Usage Limitations: You agree not to use the Platform to upload or distribute any Content that contains viruses, malware, or any other harmful or disruptive elements that may interfere with the operation of the Platform or the devices of other Users.

    By submitting Content to the Platform, you acknowledge and agree to abide by these terms regarding the submission and use of the Content.

  10. Third-Party Services

    The Platform is integrated with certain third-party services, including Stripe, Zoom Video SDK, and SendGrid. These integrations enhance the functionality of the Platform and provide additional features and services. By using the Platform and the Platform’s services, you acknowledge and agree to the following:

    • Stripe Integration: The Platform is integrated with Stripe, a secure online payment platform. Stripe enables the processing of online payments for Tutoring Services offered through the Platform. Please note that Stripe has its own terms and conditions regarding payment processing, which you should review and accept.
    • Zoom Integration: Zoom Video SDK Integration: the Platform is integrated with Zoom Video SDK to provide video, audio, screen sharing, chat, data streams via Speekl Classroom. Zoom Video SDK has its own terms and conditions that govern the use of their services, and you should familiarize yourself with them.
    • SendGrid Integration: The Platform is integrated with SendGrid, a cloud-based email platform for delivering transactional and marketing emails, to facilitate User registration using email address and one-time password (OTP) verification. Please note that SendGrid has its own terms and conditions, which you should review and accept.

    It is important to note that these third-party providers, including Stripe, Zoom Video SDK, and SendGrid, have their own terms and conditions, privacy policies, and data protection practices. By using the Platform and the Platform’s services, you acknowledge and agree to use these integrated third-party services and to abide by their respective terms and conditions.

    Please take the time to review the terms and conditions of Stripe, Zoom Video SDK, and SendGrid, as they govern your interactions with these third-party services. Any issues, disputes, or liabilities arising from the use of these integrated services are solely between you and the respective third-party provider. Speekl and the Platform are not responsible for any actions, omissions, or consequences related to the use of these third-party services.

    By continuing to use the Platform and the Platform’s services, you acknowledge and accept the integration of Stripe, Zoom Video SDK, and SendGrid, and agree to comply with their terms and conditions.

  11. Limitation of Liability

    Speekl acts as a platform connecting Students and Tutors, enabling the provision of Tutoring Services. Speekl operates as a technology services provider and does not directly offer online Tutoring Services or function as a language learning school.

    As a Student, it is your responsibility to carefully select a Tutor who aligns with your learning goals. It is recommended that you review each Tutor's self-reported credentials to make an informed decision. Please note that Speekl does not provide any warranty or guarantee for any goods or Tutoring Services purchased by Students. The Platform does not endorse or recommend any specific Tutor and does not verify their professional accreditation, registration, or license.

    Each Tutor retains the sole discretion to accept or decline Tutoring Services requests and can choose to continue or discontinue a tutoring relationship with any Student based on their own judgment and availability.

    When utilizing the Platform, you assume all risks associated with any online or offline interactions with other Users. Speekl cannot guarantee the authenticity or accuracy of User representations or claims and cannot confirm that each User is who they claim to be.

    Exercise caution and use common sense when engaging with other Users. Safeguard your personal safety and property as you would when interacting with individuals you are not familiar with. Speekl, along with its affiliates and licensors, cannot be held responsible for the behavior or actions of any User, whether in an online or offline setting. By using the Platform, you agree that Speekl, its affiliates, and licensors will not be liable for any claims, injuries, or damages arising from or related to your use of the Platform. It is your responsibility to exercise prudence and ensure your own safety throughout your interactions on the Platform.

    By using the Platform, you understand and agree that all interactions, correspondences, transactions, and other dealings with third parties, including Students or Tutors found on or through the Platform, are solely between you and the third party. Speekl does not assume any liability for such interactions, including issues related to content accuracy, payments, services, goods delivery, warranties, privacy, data security, and similar matters. We cannot be held responsible for any loss or damage resulting from your reliance on the information provided within the Platform. It is your sole responsibility to assess the accuracy, completeness, and usefulness of any content, opinions, advice, or information obtained through the Platform.

    Please note that the Platform may contain links to third-party websites or advertisements. Any interactions or transactions that occur on linked websites are independent of Speekl, and we disclaim all liability in connection with such interactions. You agree that Speekl will not be held liable for any issues arising from your engagements with third parties, and you assume all risks associated with these interactions. It is important to exercise caution and use your judgment when engaging with third parties through the Platform.

    Speekl does not provide any warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. This means that Speekl makes no guarantees or assurances regarding the following:

    • Accuracy of Information: Speekl does not warrant that the information available in the Platform is free of errors.
    • Functionality and Services: Speekl does not guarantee uninterrupted, secure, or error-free functionality or services provided by the Platform, including mechanisms for content downloading and uploading.
    • Defects and Viruses: Speekl does not warrant that defects will be corrected or that the Platform or its servers are free of viruses or other harmful components.

    It is important to note that Speekl, its affiliates, and licensors are not responsible for the conduct, whether online or offline, between Users of the Platform.

    Speekl explicitly disclaims any liability or claims that may arise between Users of the Platform. You are solely responsible for your interactions with other Users, and any disputes that arise from those interactions are your responsibility. While Speekl is not obligated to do so, we may attempt to assist in resolving disputes between Users.

    If you access and use the Platform outside the United States, it is your responsibility to comply with all applicable local laws and regulations. We do not make any representation that the information in the Platform is appropriate or available for use outside the United States. If you choose to access the Platform from outside the United States, you do so at your own initiative and risk.

    The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

  12. International

    These English-language Terms and Conditions are Speekl official statement of the Platform terms and conditions. In case of any inconsistency between these English-language Terms and Conditions and their translation into another language, this English-language document prevails.

  13. Updates to the Terms and Conditions

    We keep our Terms and Conditions under regular review. This version was last updated on 15 February 2024.

    We may change our Terms and Conditions, so please check this page from time to time, as your continued use of the Platform, after we publish our changes, indicates your acceptance of any changed terms.

  14. Contact us

    We value the rules and are dedicated to resolving any terms and conditions issues promptly. If you have any questions, concerns, or requests regarding these Terms and Conditions, please feel free to contact us.

    You can reach out to us by sending an email to hello@speekl.com.

    We encourage you to provide sufficient information regarding your inquiry or request to help us better understand and respond to your concerns. We will make every effort to respond to your inquiry in a timely and appropriate manner.

    Please note that while we strive to ensure the security and confidentiality of any information you transmit to us through email or other means of communication, we cannot guarantee its absolute security. Therefore, we recommend refraining from sharing sensitive or confidential information through unencrypted channels.

    By contacting us, you acknowledge and accept that any communication or inquiry you make to us regarding privacy matters will be handled in accordance with the Privacy Policy.