Last updated: 12 February 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES. BY USING OR ACCESSING THIS WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY ON THE WEBSITE, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS AS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES.
Introduction and General Provisions
Terms and Conditions
These Terms and Conditions, together with the Privacy Policy, constitute the agreement (“Agreement”) between you and ESL Brains sp. z o.o. regarding your account and subscription on https://eslbrains.com. Please read these Terms and Conditions and the Privacy Policy carefully.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access Our Service or parts of Our Service.
- Country refers to: Poland
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ESL Brains sp. z o.o., Al. Niepodległości 124/18, 02-577 Warszawa, Poland.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
- Service refers to the service provided by the Company through the Website, consisting of the provision of digital content (lesson plans) to users with an Account.
- Subscription refers to access to the Service offered on a subscription basis by the Company to You.
- The Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that, together with the Privacy Policy, form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to ESL Brains, accessible from https://eslbrains.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all users and others who access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when You use the Service or Terms and Conditions and tells You about your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Service Usage and User Responsibilities
Permitted Use of the Service
We acknowledge that when you obtain access to the Service, your computer downloads a copy of the information that is on it. Provided that you are eligible for use of the Service and subject to these Terms and Conditions, the Company hereby grants to you a limited personal, non-exclusive, non-sublicensable, worldwide, revocable, non-assignable and non-transferable right and licence, to access, read, display on your computer, download and print a single copy of the text and images which are available on the Website (including any forms available on the Website which are designated for printing), and make photocopies to distribute to your own students only, solely for your personal and non-commercial use, except for the commercial use related to conducting a business providing English language lessons using the materials made available as part of the Service. This right applies solely in connection with viewing the Website on any computer and any mobile devices, tablets, personal computers and other devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacture, app store provider or platform Company. The license is granted for the duration of the Agreement.
The licence is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Without limiting the generality of the foregoing, you may not make any commercial use of the Website (except for the commercial use related to conducting a business providing English language lessons using the materials made available as part of the Service), include the Website in or with any product that you create or distribute, or copy the Website onto your, or any other person’s, website. You will keep all copyright and other proprietary notices intact. Your use of the Service does not transfer to you any ownership or other rights in the Service. You may use the Service only in the manner described expressly in these Terms and Conditions and subject to all applicable laws. The Service may NOT be modified, copied, distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, uploaded, incorporate, transmitted, sold or exploited in any form or by any means, in whole or in part, without the Company’s prior written permission, except as expressly permitted by these Terms and Conditions or by applicable copyright laws. Using the Service for any other purpose or in any other manner is strictly prohibited. The Company retains all rights not expressly granted hereunder. ANY USE OF THE SERVICE, OTHER THAN AS SPECIFICALLY AUTHORIZED UNDER THESE TERMS AND CONDITIONS, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, IS STRICTLY PROHIBITED. You undertake to use the Website in accordance with its intended purpose, the provisions of the Polish law, social and moral standards and the provisions of these Terms and Conditions.
User Accounts
When You create an Account, You must provide information that is accurate, complete, and current at all times.
You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Standard Accounts are for individual usage. You agree not to share your Account with any other person unless your Account is a group Account or institution Account, set up under separate arrangements with the Company.
The use of an individual Account by schools, commercial companies within the meaning of the Polish Commercial Companies Code, or other collective entities, is prohibited. The Company shall be entitled to demand from such an entity, using an individual Account, the payment of a contractual penalty in the amount of USD 1,000 for each instance of breach. In the event that the damage suffered by the Company exceeds the amount of the stipulated contractual penalty, the Company shall be entitled, based on general terms, to raise claims for damages exceeding the amount of the stipulated contractual penalty. You are required to immediately and unambiguously inform Us via the contact details indicated in this document, if you think your personal information, including but not limited to your Account, access credentials or personal data, have been violated, unduly disclosed or stolen.
Termination of the Agreement
Termination of the Agreement by You
You can always cancel your Subscription by cancelling the renewal of the Subscription before the start of the next subscription period, either through the Account settings page or by contacting the Company. In this case, the cancellation of Subscription will be effective at the end of the current Subscription period. You will not receive a refund for the fees You have already paid for your current Subscription period and You will be able to access the Service covered by the Subscription until the end of your current Subscription period.
Notwithstanding the foregoing, You have the right to delete your Account (terminate this Agreement) at any time. In such case, You acknowledge and accept that You will not receive a refund of any fees paid for the current Subscription period and will lose access to the Service immediately upon deletion of the Account, without being able to continue using the Service for the remainder of the current Subscription period.
Termination of the Agreement by the Company
We may terminate this Agreement (cancel your Subscription and delete your Account) with at least 30 days’ notice if We are unable to provide the Service for reasons beyond Our control, including as a result of a change in applicable laws (the need to adapt the operation of the Service to new or amended laws may require some users to limit or suspend their access to the Service) or We decide to discontinue the Service due to a change in Our statutory business. We will notify you of the termination of the Agreement (cancellation of your Subscription and deletion of your Account) using the contact information indicated in your Account, specifying the reason for termination.
If this Agreement is terminated before the end of your paid Subscription period, We will make a pro rata refund of the Subscription fee you have paid, taking into account the remainder of your current Subscription period and your usage of the Service. The Company may also terminate this Agreement (cancel your Subscription and delete your Account) with at least 5 days’ notice if You have not paid the fee for the next Subscription period.
The Company may terminate this Agreement (cancel your Subscription and delete your Account) with immediate effect if:
- Your use of the Service violates the following sections of these Terms and Conditions: „Permitted Use of the Service”, “Intellectual Property”, “Rights regarding content on this Website – All rights reserved”, “United States Legal Compliance”;
- You are under 18 years of age;
- You use the Service in a manner that violates the law;
- You use the Service in a way that violates the personal rights of third parties, including through the dissemination of personal data without consent, defamation or violation of the good name of other users or third parties;
- You use the Service in a way that harms the interests of the Company, including by violating rules of fair competition, attempting to intercept data, or gaining unauthorized access to the Company’s systems;
- You take actions that may hinder or interfere with the proper functioning of the Service, including through hacking attacks, attempts to bypass the security of the Service, excessive load on the technical infrastructure, sending spam, or computer viruses;
- You violate the copyright or other intellectual property rights of the Company or third parties, or the terms of use of the license;
- You use the Service for commercial purposes, except for the commercial use related to conducting a business providing English language lessons using the materials made available as part of the Service;
- You share your Account with third parties (except where sharing is allowed under a separate agreement with the Company), use multiple Accounts to circumvent the restrictions of the Service, provide false or incomplete registration information or use false identities (including impersonation), or make fraudulent attempts in using the Service;
- the Account is being used by a school, a commercial company within the meaning of the Polish Commercial Companies Code, or any other collective entity, and the Account in use is an individual Account.
We may refuse to create an Account for You or accept your Subscription if you have engaged in any of the actions mentioned above during your prior use of the Service.
We will inform you of the termination of the Agreement (cancellation of your Subscription and deletion of your Account) using the contact information indicated in your Account. In the message sent to you, We will provide the reason for termination and information about your right to appeal (the provisions on complaints in the section titled “Disputes and complaints” shall apply mutatis mutandis to the right of appeal).
Payments and subscriptions
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged when purchasing a Subscription. Prices on this Website are displayed including all applicable fees, taxes and costs.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Website.
All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by You.
Subscription period
Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each Subscription period, your Subscription will automatically renew under the exact same conditions unless You cancel the renewal of the Subscription before the start of the next Subscription period (further details can be found in the section titled “Termination of the Agreement by You”) or the Company cancels it under the terms of the sections “Termination by the Company” or “Termination with immediate effect”.
In the event that a monthly Subscription period is selected when purchasing the Subscription, the Subscription will automatically renew on a monthly basis on the renewal date following the first month, unless such automatic renewal is cancelled.
In the event that an annual Subscription period is selected when purchasing the Subscription, the Subscription will automatically renew on an annual basis on the renewal date, unless such automatic renewal is cancelled. We will notify You 30 days prior to the renewal date of the annual Subscription, informing You of the end date of the current Subscription and the option to cancel the renewal at any time before the start of the next Subscription period.
Purchasing the Subscription entitles you to use the materials covered by the Subscription only while the Subscription is active.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information.
Your Subscription will automatically renew on a recurring basis on the renewal date, in accordance with the Subscription period selected by You (until such automatic renewal is cancelled) (i.e., the Subscription will renew after the initial period of one month or one year, in the cycles corresponding to the period selected by You at the time You purchased Your Subscription, either month-to-month or year-to-year, unless such renewal is cancelled). Unless You cancel the renewal of the Subscription before the start of the next Subscription period, You authorize Us to charge the fee for the next billing period (monthly for a monthly Subscription or annually for an annual Subscription) using the payment method You have selected.
Fee Changes
The Company may modify the Subscription fees. The Company will provide You with reasonable prior notice, at least 30 days in advance, of any change in Subscription fees. Price changes will become effective at the beginning of the next Subscription period following the date of the price change. If You do not agree to the price change, you have the right to reject such changes by cancelling your Subscription before the price change takes effect. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
f you are entitled to a refund after giving notice of termination (cancellation of Subscription), We will refund the funds to You using the same payment method by which We collected the corresponding payment, unless another method is agreed upon by You and the Company.
Authorization for future PayPal payment
If You authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Your PayPal account. This will authorize this Website to automatically process payments for future purchases (recurring subscriptions).
This authorization can be revoked at any time, either by contacting ESL Brains or by changing the user settings offered by PayPal.
Intellectual Property and Content Use
Intellectual Property
The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Purchasing a Subscription does not transfer any intellectual property rights to the subscriber, in particular it does not transfer any personal property or proprietary copyrights to the subject of the Subscription. In particular, the subscriber has no right to make the materials publicly available in the original or changed versions, except for sharing the materials with their students in a closed and private network environments.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Rights regarding content on this Website – All rights reserved
The Company holds and reserves all intellectual property rights to the content on the Website. You may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, You may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Website, nor allow any third party to do so through You or their device.
Where explicitly stated on the Website, You may download, copy and/or share some content available through this Website for its sole personal and non-commercial use (except for the commercial use related to conducting a business providing English language lessons using the materials made available as part of the Service) and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
You cannot edit the Company’s materials, except for the so-called ‘e-lesson plans’ and editing the ‘e-lesson plans’ requires keeping the Company’s logo and template, so that the authorship of the materials is clearly visible.
Any applicable statutory limitation or exception to copyright shall stay unaffected
Your Feedback to Us
If you provide Feedback to the Company, such Feedback is not confidential and may be used by the Company free of charge and without restriction.
Liability and Compliance
Liability
The Company will be liable for any damages incurred by You within the limits provided by law.
The Company will not be liable for any non-performance or improper performance (including delay in performance) of its obligations under these Terms if it results from any event of force majeure.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, Our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Miscellaneous
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to these Terms and Conditions
We reserve the right to change these Terms at any time. We will inform you at least 30 days in advance about the implementation of the changes using the contact information indicated in your Account. The message will indicate the reason and justification for the changes. If you do not agree to the changes to the Terms, you have the right to reject such changes by deleting your Account before the changes take effect.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If, due to the above deletion of your Account, the Agreement is terminated before the end of your paid Subscription period, We will make a pro rata refund of the Subscription fee paid by you, taking into account the remainder of your current Subscription period and your usage of the Service.
Disputes and complaints
All potential complaints may be submitted by You either in written form via registered mail to Our office address: Al. Niepodległości 124/18, 02-577 Warszawa, Poland, electronically via email to [email protected], or through the contact form available on Our Website. If We receive a complaint, and if We have your email address, We will send an email confirming receipt of the complaint to that address. We will provide a response to the complaint within 14 days of receiving it.
If You reside in the European Union, You may use alternative dispute resolution methods or out-of-court settlement procedures (if available) operating in your country of residence or use the European Online Dispute Resolution platform operated by the European Commission, accessible at https://ec.europa.eu/consumers/odr. Additionally, as a consumer, You have the right to lodge complaints with your local consumer protection authority, relevant regulatory body, or arbitration body in your country of residence.
If You reside in Poland, detailed information regarding the consumer’s right to use out-of-court methods for resolving complaints and pursuing claims, as well as access to these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory duties include consumer protection, Provincial Inspectorates of Trade Inspection, and, for example, on the following websites of the Office of Competition and Consumer Protection:
https://www.uokik.gov.pl/spory_konsumenckie.php,
https://www.polubowne.uokik.gov.pl/.
If you have any questions about these Terms and Conditions, You can contact us:
