FLALINGO USER AGREEMENT

1. Both parties Agreement/parties


Service provider/ Provider

Company name : Global Education Technologies, C-corp.
Address : 445 South California Avenue Palo Alto CA 94306 United States
Phone number : ⁦+1 470 708 1000⁩
Email : info@flalingo.com

Subscriber

Name / Surname : Flalingo User
Address : -
Phone number : -
E-mail : -

2. Definition

2.1 This subscription agreement ("AGREEMENT") is prepared for your access to and use of the online English education platform named FLALINGO, including https://flalingo.com, https://flalingo.com/en/companies (Flalingo for Companies site), and https://flalingo.com/en/kids (Flalingo Kids site), as well as the associated mobile applications and websites. The platform ("Teaching Services") provides private English course services through professional English teachers ("Instructors").

2.2 Throughout this agreement, the platform providing the online English education services and professional instructors will be referred to as FLALINGO.

2.3 In this subscription agreement, from now on, individuals receiving English education services from FLALINGO (platform) will be addressed as SUBSCRIBERS, subject to the provisions, terms, and rules outlined in the agreement. For Flalingo Kids users, the terms "you," "your," "user," "student," and "subscriber" refer to parents and legal guardians.

2.4 FLALINGO subscribers must be over 18 years old. For students under 18, parents or legal guardians must create a subscription and accept FLALINGO's terms of use.

2.5 The subject of this agreement is the scope, duration, subscription fee, and the determination of rights and obligations of both parties regarding the subscription application made electronically by the "SUBSCRIBER" through the online website (www.flalingo.com) owned by FLALINGO, which contains educational support content.

2.6 By creating a subscription to FLALINGO and purchasing a package, you agree to these terms of use and commit to the contract. You must accept the provisions and conditions of this AGREEMENT for the continuation of your subscription and the continuation of your usage rights

2.7 FLALINGO subscription includes the learning and usage rights of educational support content on various topics owned by FLALINGO's intellectual and industrial property rights. This usage right is limited to the access package (course) selected by the SUBSCRIBER.

2.8 The access package/course chosen by the SUBSCRIBER includes the following: The access package chosen by the SUBSCRIBER includes:

2.8.1 Access to live sessions with English instructors

2.8.2 Electronic books

2.8.3 Educational games and activities

2.8.4 Interactive and enjoyable exercises

2.8.5 Mid-term and overall assessment reports

2.8.6 The digital materials include listening, speaking, reading, writing, and viewing activities, as well as:

2.8.7 AI-based educational coach and analysis report

2.8.8 Certificates and participation documents

2.8.9 Educational counseling service

2.8.10 Group lessons in addition to one-on-one lessons for certain packages

3. Subscription Period, Subscription Renewal, and Subscription Fees

3.1 The duration of the FLALINGO subscription is the period initially determined by the SUBSCRIBER. The renewal terms of the subscription are determined based on the subscription initiation date as follows:

(a) Subscriptions Initiated Prior to October 8, 2025: These subscriptions are subject to automatic renewal. Unless the SUBSCRIBER cancels the subscription before the renewal date, the subscription shall automatically renew at the end of the applicable period for a duration equal to the initial term.

(b) Subscriptions Initiated On or After October 8, 2025: For these subscriptions, the automatic renewal feature is removed. At the end of the subscription period, the subscription shall not renew automatically and shall expire automatically. The continuation of the subscription is contingent upon the SUBSCRIBER providing a new purchase confirmation.

3.2 The monthly subscription fees for FLALINGO vary depending on the monthly packages chosen by the SUBSCRIBER. The current prices can be found on the "https://flalingo.com/en/my-plans" page.

3.3 FLALINGO subscription can be paid via credit card, debit card, payment link, and bank transfer methods.

3.3.1 FLALINGO subscriptions can be made online using a credit card or debit card. Credit card and debit card transactions are processed by a secure and encrypted payment gateway.

3.3.2 If the SUBSCRIBER is unable to make payment through the website or wishes to subscribe to a custom package not available on the website, they can make payment via a payment link provided by the payment gateway. Payments made through the payment link will entail the same rights and obligations as payments made on the website.

3.3.3 The payment processing upon expiration depends on the date of subscription:

(a) For Subscriptions Initiated Prior to October 8, 2025: The applicable subscription fee will be automatically charged to the USER's registered credit or debit card upon renewal, unless a cancellation request is submitted by the USER. FLALINGO shall send a notification to the USER regarding the upcoming renewal and the applicable fee prior to the charge date via at least one of the following channels: website, email, or messaging services.

(b) For Subscriptions Initiated On or After October 8, 2025: Upon the expiration of the subscription period, the automatic renewal process shall not be executed, and no fee shall be charged to the USER's credit or debit card. The continuation of the subscription requires a new payment order from the USER. FLALINGO shall send a notification to the USER regarding the expiration of the subscription via at least one of the following channels: website, email, or messaging services.

3.3.4 Cancellation and Termination Notice:

(a) For Subscriptions with Auto-Renewal (Pre-October 8, 2025): The SUBSCRIBER must provide notification via www.flalingo.com or the designated account settings to terminate the subscription and prevent automatic charges before the renewal date.

(b) For Subscriptions without Auto-Renewal (Post-October 8, 2025): Since the automatic renewal feature is not available, the SUBSCRIBER is not required to provide notification to terminate the subscription at the end of the contract term. The subscription shall expire automatically upon the completion of the term. Unless an active renewal process is initiated by the SUBSCRIBER, the subscription relationship shall terminate without the requirement for any cancellation approval or notification.

4. The Calculation of Lesson Rights

4.1 The SUBSCRIBER obtains lesson rights for each month within the scope of the subscription from FLALINGO. They receive a total of 4 weeks of lesson rights for each month. Multiplying the number of weekly lessons in their package by 4 gives the total number of lessons per month, which is then multiplied by the number of months subscribed to, indicating the total lesson rights acquired.

5. FLALINGO Trial Lesson

5.1 Prospective subscribers who wish to gain insight into the FLALINGO application experience before purchasing a subscription are entitled to a 25-minute paid "trial lesson." The current prices for trial lessons can be found on the "https://flalingo.com/en/my-plans" page.

5.2 The fee for the trial lesson is charged once, directly from the credit or debit card. Credit card and debit card transactions are securely transmitted to the bank through an encrypted channel, and all transactions are processed by the bank.

5.3 Users who are not satisfied with the trial lesson can contact customer service through the appropriate channels to express their dissatisfaction. In such cases, FLALINGO may offer another trial lesson or provide a full refund of the fee paid.

6. The Group Lessons

6.1 The minimum age requirement for SUBSCRIBERS to participate in FLALINGO group lessons is 21. SUBSCRIBERS acknowledge the accuracy of the information provided during registration and accept full responsibility for any issues arising from age restrictions.

6.2 Group lessons are only available for 12-month subscription packages and will be provided at no extra cost to subscribers with weekly 3-day and 5-day subscriptions. Group lessons are only valid within the package and cannot be sold separately.

6.3 Participation in group lessons consists of one teacher and up to four students, and during the lesson, the SUBSCRIBER must participate in accordance with the necessary respect.

7. Lesson/ subscription Freezing Right:

7.1 SUBSCRIBER has the right to freeze their subscription without providing any reason, depending on the subscription period.

7.2 Freezing options are implemented as follows:

7.2.1 There is no freezing option for 1-month subscriptions.

7.2.2 For a 3-month subscription, a one-time freeze up to 2 weeks is allowed.

7.2.3 For a 6-month subscription, the subscription can be frozen twice, with each freeze lasting up to 1 month each time.

7.2.4 For a 1-year subscription, the subscription can be frozen three times, with each freeze lasting up to 2 months each time.

7.3 After the freezing period ends, the subscription will resume from where it left off.

7.4 During the specified freezing period, the SUBSCRIBER cannot benefit from the services offered by FLALINGO.

8. Privacy Agreement

8.1 FLALINGO, as the Data Controller, in accordance with applicable laws, aims to provide, develop, and/or improve the products and services offered to you. FLALINGO may share your personal data with relevant departments to provide, develop, and/or improve the products and services offered to you. Additionally, data may be processed/ collected for purposes such as personalization, expectations, usage patterns, preferences, and needs profiling, development of new service branches, ensuring security and compliance, managing customer evaluation and complaint processes, and sending any communication messages for sales, marketing, and similar purposes. By subscribing to FLALINGO services, the SUBSCRIBER acknowledges and accepts the use of personal data for the aforementioned purposes.

8.2 FLALINGO stores and processes SUBSCRIBER personal data such as name, email, and mobile phone information, visit details like IP address when subscribing, as well as contact details and communication content when contacting FLALINGO through communication channels.

8.3 Furthermore, SUBSCRIBER activities are tracked through cookies when using FLALINGO platforms to improve our services. After legal obligations and necessary administrative and technical measures are taken, SUBSCRIBER personal data may be transmitted to departments for the transmission of commercial messages without requiring permission, if possible, for the transmission of non-commercial messages. Otherwise, FLALINGO does not share SUBSCRIBER data with third parties.

8.4 Restrictions related to privacy, security, and competition are subject to the provisions specified in the "Privacy and Cookie Policy" section of the www.flalingo.com website. FLALINGO will process the data of its subscribers in accordance with its privacy and cookie policies, and will also process it in the following circumstances:

8.4.1 In cases explicitly provided for in relevant laws,

8.4.2 When processing the personal data of the parties to the agreement is necessary for the implementation of the agreement.

8.4.3 FLALINGO is obliged to fulfill a legal obligation, and if data processing is necessary for FLALINGO's legitimate interests.

8.4.4 However, provided that this processing does not harm the fundamental rights and freedoms of the subscriber.

8.4.5 Data processing will be necessary in order to establish, exercise, or defend a right.

8.5 SUBSCRIBERS have the following rights:

8.5.1 Learning whether their data is being processed.

8.5.2 Requesting information if their data has been processed.

8.5.3 Learning the purposes of processing and whether they are being used appropriately.

8.5.4 Requesting correction if their data is incomplete or incorrect.

8.5.5 Requesting deletion or destruction.

8.5.6 Requesting third parties to be informed of the actions taken in accordance with the above

8.5.7 Objecting to a result arising against you solely because it was analyzed by automated systems.

8.5.8 Requesting compensation for damages suffered due to unlawful processing.

8.5.9 Using these rights by conveying them through a notary or by mail to FLALINGO's address at "445 South California Avenue Palo Alto CA 94306 United States."

8.5.10 FLALINGO declares, accepts, and undertakes that it fulfills the obligation to provide necessary information.

9. Monitoring and Recording

9.1 FLALINGO records and stores the audio, video, and text present in every live lesson session attended by SUBSCRIBERS on the platform. By agreeing to the SUBSCRIPTION AGREEMENT, you consent to FLALINGO recording, storing, monitoring, and deleting your voice, image, lessons, and written conversations during the lessons and on the platform.

9.2 FLALINGO has the right to retain and monitor the live session recordings of group lessons and individual lessons for the purpose of improving lesson and instructor quality, using them as evidence in case of any negative incidents during the lessons, resolving disputes, enhancing in-app experience, and tracking potential rule violations during the lessons.

9.3 Lesson recordings are accessible to SUBSCRIBERS for purposes such as reviewing lessons, but any action by either party that would violate the privacy rights of the other will result in FLALINGO exercising its legal rights. Under this SUBSCRIPTION AGREEMENT, you agree not to copy, distribute, publish, publicly share, use for commercial purposes, or use lesson recordings except for individual purposes.

9.4 SUBSCRIBER has the right to stop the recording of lesson videos. FLALINGO is obligated to add the necessary settings to the user panel for SUBSCRIBER to exercise this right and change their preference at any time.

9.5 The lesson recordings captured and stored within FLALINGO group lessons are inaccessible to other participating SUBSCRIBERS in order to protect the privacy rights of all SUBSCRIBERS.

9.6 SUBSCRIBER acknowledges and declares that all products, services, information, visual and auditory elements, and electronic materials on the www.flalingo.com website are protected by copyright owned by Global Education Technology, C-corp (FLALINGO). SUBSCRIBER agrees not to reproduce, copy, modify, reverse engineer, disassemble, or use for commercial purposes any content, files, audio and visual elements, electronic materials, or information on the website.

9.7 FLALINGO recordings (including those made in electronic environments such as computer audio and video recordings) constitute conclusive evidence for the resolution of any disputes arising from this agreement and/or its implementation.

9.8 The parties acknowledge and declare that all computer records belonging to FLALINGO will be accepted as true, binding, conclusive, and exclusive evidence, and that these records constitute an evidence agreement.

10. Other/Changes

10.1 FLALINGO reserves the right to modify content, update services, or delete user information in compliance with regulations. SUBSCRIBER agrees not to claim any damages due to the services provided by FLALINGO.

10.2 FLALINGO reserves the right to change, update, or cancel the terms of the subscription agreement at any time without prior notice. Any amended, updated, or repealed provision will be binding for all SUBSCRIBERS as of the publication date. FLALINGO is not responsible for any transaction cancellation due to any technical malfunction or issue related to the services provided under this agreement.

10.3 FLALINGO may suspend or stop providing services under this agreement to SUBSCRIBERS without providing any reason in certain circumstances. These circumstances include uncontrollable situations such as war, fire, explosion, strike, lockout, revocation of authority, suspension, and decisions taken by official authorities. In such cases, FLALINGO cannot be held responsible for non-performance or delayed performance due to compelling reasons.

11. Accounts

11.1 SUBSCRIBER declares and undertakes that the information provided to FLALINGO during subscription is accurate and agrees to compensate FLALINGO for all damages arising from the inaccu acy of this information immediately.

11.2 SUBSCRIBER must use the "email" and "password" they used during subscription to log in to the site. SUBSCRIBER cannot provide the password to other individuals or organizations. SUBSCRIBER has the unilateral right to use the password. This right of use is limited to the usage provided by the selected access package and cannot be leased or sold to third parties. Therefore, any liabilities arising from this are the responsibility of the SUBSCRIBER.

11.3 SUBSCRIBER cannot use or transmit content or messages that violate public order, public morality, or personal rights, disrupt others, or infringe on the opinions or copyrights of others for any illegal purpose. Additionally, SUBSCRIBER cannot engage in activities that prevent others from using the services (such as spam, viruses, etc.) and cannot engage in activities that encourage others to engage in such activities.

11.4 In such cases, SUBSCRIBER bears all legal, criminal, administrative, and financial responsibilities. Despite taking all administrative and technical measures, FLALINGO is not responsible for unauthorized access to subscriber data and any situation that may harm subscriber data.

11.5 Under the California Consumer Privacy Act (CCPA) and in accordance with this subscription agreement, FLALINGO has the authority to send informative SMS messages to subscribers' mobile phones and email addresses.

12. Cancellation right

12.1 SUBSCRIBER may exercise the right of withdrawal within 30 days from the start date of the subscription. In the event the right of withdrawal is exercised, the lessons, services, and content accessed by the SUBSCRIBER up to the date of the withdrawal request shall be deducted, and the remaining amount shall be refunded.

12.2 After the expiration of the 30-day withdrawal period, in the event the SUBSCRIBER cancels the subscription, no refund shall be made under any circumstances, regardless of whether the services have been used or not.

12.3 Renewal and Fees Policy:

(a) For subscriptions initiated prior to October 8, 2025, automatic renewal fees shall be charged unless the SUBSCRIBER cancels the subscription within the specified period. In case of automatic renewal, the user has the right to cancel the package before starting to use it. In automatic renewal refunds, transaction fees charged by the payment provider are borne by the user. The remaining full payment is refunded to the user.

(b) For subscriptions initiated on or after October 8, 2025, as automatic renewal is not applicable, no fees shall be charged without the USER's consent upon expiration. Standard cancellation and refund conditions shall apply to new purchases initiated by the USER.

12.4 FLALINGO reserves the right to unilaterally terminate the contract by canceling the subscription if the SUBSCRIBER's password usage violates the contract terms, if the service is faulty, illegal, or contrary to principles of fairness, or if the SUBSCRIBER breaches the obligations of the existing contract.

12.5 The SUBSCRIBER acknowledges and agrees that by accepting these terms, they waive any right to compensation or claim against FLALINGO due to the termination of the subscription in this manner.

12.6 The SUBSCRIBER can upgrade by purchasing another access package for a different course, following a new payment procedure. By upgrading to another package, the duration of the contract will be extended until the end date of the new course package.

12.7 For disputes up to the values specified by California State Law, the California State Department of Consumer Affairs is the authority. For disputes exceeding the specified values, the Better Business Bureau (BBB) is authorized.

13. Full Force of the Law

13.1 Signing up for a subscription indicates that the SUBSCRIBER has read and accepted all the materials contained in this subscription agreement. This agreement enters into force mutually with the electronic transaction made by the SUBSCRIBER at the time of registration. A copy of the contract is sent electronically to the SUBSCRIBER's email address. This agreement will remain in effect until the subscription period is canceled by either the SUBSCRIBER or FLALINGO.