1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of Gamilingo (the "Service"), a web-based gamified lesson platform based in Slovakia (the "Provider," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Definitions
- "Service" means the Gamilingo web application, including all features, content, and lesson packs provided through it.
- "User," "you," or "your" means any individual who accesses or uses the Service.
- "Subscription" means a recurring payment plan granting access to the Service and regular lesson pack deliveries.
- "Lesson Pack" means a themed collection of interactive activities (vocabulary, spelling, reading, grammar, flashcards, pronunciation, conversation, and testing exercises) designed for use within the Service.
- "User Content" means lesson packs and other content created by the User within the Service.
3. Account Registration
To use the Service, you must create an account by providing a valid email address and any other required information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.
You must be at least 18 years old to create an account and use the Service. The Service is designed for teachers to use with their students; students do not need to create accounts.
4. Subscription and Payment
4.1 Subscription Plans
The Service is available through a paid subscription plan. Details of available plans, pricing, and features are displayed on our website and may be updated from time to time. Any price changes will be communicated to existing subscribers at least 30 days before taking effect.
4.2 Billing
Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payment is processed through our third-party payment processor. We do not store your payment card details directly.
4.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings or by contacting us.
4.4 Refunds
In accordance with EU consumer protection law (Directive 2011/83/EU), you have a 14-day right of withdrawal from the date of purchase. However, if you have accessed or used the digital content during this period, you acknowledge that you lose your right of withdrawal upon first access, provided you gave your prior express consent and acknowledged this at the time of purchase.
If you experience technical issues that prevent you from using the Service, please contact us and we will work to resolve the issue or provide a refund at our discretion.
5. Licence and Intellectual Property
5.1 Licence Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, professional teaching purposes. This licence does not include the right to sublicence, resell, or redistribute the Service or any part of it.
5.2 Our Intellectual Property
The Service, including but not limited to its source code, design, user interface, graphics, animations, gamification mechanics, and proprietary file formats (including the lesson pack JSON format), is the intellectual property of the Provider and is protected by copyright and other intellectual property laws. All rights not expressly granted in these Terms are reserved.
5.3 Lesson Packs We Provide
Lesson packs created and distributed by us are our copyrighted content. You may use them within the Service for your teaching purposes. You may not redistribute, resell, share, or make available our lesson packs to any third party, whether in their original format or in modified form.
5.4 User-Created Content
You retain ownership of lesson packs and content you create using the Service. However, you may not sell, redistribute, or commercially exploit lesson packs in our proprietary format (JSON or otherwise) outside of your own personal teaching use. You may not create tools, services, or products designed to generate, distribute, or sell content in our proprietary lesson pack format.
5.5 Prohibited Uses
You may not:
- Copy, modify, reverse-engineer, decompile, or disassemble any part of the Service.
- Sell, resell, licence, sublicence, or redistribute access to the Service.
- Create derivative works or commercial products based on the Service or its file formats.
- Create or distribute tools designed to generate lesson packs in our proprietary format for commercial purposes.
- Share your account credentials or allow others to access the Service through your account.
- Use the Service for any unlawful purpose or in violation of any applicable laws.
- Attempt to interfere with the operation, security, or performance of the Service.
6. Acceptable Use
You agree to use the Service only for its intended purpose: creating and delivering gamified language lessons. Content created within the Service must be appropriate for educational use with children. You must not create or upload content that is offensive, discriminatory, harmful, or inappropriate for minors.
7. Student Data
The Service allows you to create student profiles and store lesson history within your account. You acknowledge and agree to the following:
- You are the data controller for any student data you enter into the Service. We act as a data processor on your behalf for this data.
- You are responsible for ensuring you have appropriate consent or legal authority to enter student information into the Service, including consent from parents or guardians where required.
- You should enter only the minimum data necessary — a first name or nickname is sufficient. Do not enter full names, dates of birth, photographs, or other identifying information about students.
- Student data (names, lesson scores, progress history) is stored within your account and is not accessible to other users or to us, except as necessary to provide the Service.
- You may delete individual student profiles and all associated data at any time through the Service.
- Upon termination of your account, all student data will be permanently deleted within 30 days.
- We do not use student data for any purpose other than providing the Service to you. We do not share, sell, or analyse student data for our own purposes.
8. Service Availability, Local Storage, and Updates
We strive to maintain the Service's availability but do not guarantee uninterrupted access. We may modify, update, or discontinue features of the Service at any time. If we make material changes that negatively affect your use of the Service, we will provide reasonable notice.
8.1 Local Storage
Lesson packs you create or import are stored locally in your browser's storage on the device where you access the Service. This means your lesson packs are available on the computer where you created or imported them, but will not automatically be available on other devices. You are responsible for downloading and backing up your lesson packs regularly using the export/download feature provided within the Service. We are not responsible for the loss of locally stored lesson pack data due to browser updates, cache clearing, device changes, or any other cause.
8.2 Updates and Data Preservation
We may release updates to the Service from time to time to improve functionality, fix issues, or add new features. Some updates may affect locally stored data, including lesson packs stored in your browser. Before any update that may affect locally stored data, we will notify you by email at least 7 days in advance, with a reminder 48 hours before the update. You are responsible for downloading all lesson packs you wish to preserve before the update takes effect. After an update, you may re-import your downloaded lesson packs. We are not responsible for any locally stored data that is lost due to an update if reasonable notice was provided.
9. Data Protection
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in compliance with the General Data Protection Regulation (GDPR) and applicable Slovak and EU data protection law. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
10. Limitation of Liability
To the maximum extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to loss of revenue, data, or business opportunity.
Our total liability for any claim arising from or related to the Service shall not exceed the total amount you have paid to us in the 12 months preceding the claim.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
11. Termination
You may terminate your account at any time by cancelling your subscription and contacting us to request account deletion. We may suspend or terminate your access to the Service if you violate these Terms, with or without notice. Upon termination, your licence to use the Service ends immediately. User-created content may be deleted after termination, and we are not obligated to retain it.
12. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of laws provisions. Any disputes arising from or related to these Terms or the Service shall be resolved in the competent courts of the Slovak Republic.
If you are a consumer residing in the EU, you also have the right to submit disputes to the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).
14. Contact
If you have any questions about these Terms, please contact us at: [email protected]