Terms of Service

Last updated on 28.11.2022

1. AGREEMENT TO TERMS AND CONDITIONS

These terms and conditions (hereinafter the “Heylama Terms or “Terms of Service”) outline the rules and regulations for using HeyLama GmbH's Websites, Marketplace, and learning tools, as well as any other media forms, media channel, mobile website, mobile application related, linked or connected to heylama.com, heylama.app, and related subdomains. We refer to these properties as “website and applications” or “website” or “Site” or “applications” or “marketplace” in the document.

These Heylama Terms and Conditions shall be a binding agreement between HeyLama GmbH (referred to as “Heylama”, “we”, “us”) and you as an individual or the Company you represent. Heylama is registered in Berlin, Germany with the official registered address located at ℅ Antler Innovation GmbH, Novalisstr. 10, 10115 Berlin, Germany. Our VAT registration number is DE346343774. Heylama offers a digital marketplace and tools for language learning.

You accept these terms and conditions to access and use the website and applications. Your continued use of this website means that you acknowledge that these Heylama terms are a contract between you and Heylama, even though it is electronic and is not physically signed by you and Heylama. It governs your use of the Service.

Please do not continue to use Heylama websites and apps if you do not agree with or cannot be bound by these Heylama terms and conditions in their entirety.

2. YOUR RELATIONSHIP WITH HEYLAMA

Heylama offers a platform for language learning where users may use our Matchmaking and Payment Services to interact directly with each other and use our learning features and tools. You may access and use our Site and applications as:

• A registered user interested in learning languages by using our platform to find online tutors and other tools made available by Heylama (“Student”)
• A registered user providing online tutoring services on the Heylama marketplace and using other tools made available by Heylama for tutoring purposes (“Tutor”)
• An unregistered visitor to the site, including but not limited to the Heylama Blog.
• We might refer to all three types of users mentioned above as “Users”

You hereby acknowledge and agree that Heylama is not a party to agreements between Students and Tutors. Both Tutors and Students are independent users not formally affiliated with Heylama. Heylama isn’t a language school, language service broker, or agent. Heylama has no control over the behavior and conduct of Tutors, Students, or any other user of the Heylama website or apps.

If you decide to teach on Heylama, you hereby agree and acknowledge that you accept the tutor policy and that your relationship with Heylama is limited to being a registered user of the platform and an independent, third-party tutoring service provider and not an employee or partner of Heylama for any reason. You act solely on your behalf and for your own benefit and do not represent Heylama or act on behalf of Heylama. While we do our best to ensure a safe, high-quality and friendly experience for all users, Heylama does not control and has no right to control your profile information, your listing (“lesson type offerings”), your activities associated with your profile or listed lesson types (services), or any other matters related to any services that you provide.

We reserve the right to refuse service to anyone for any reason at any time.

3. DESCRIPTION OF THE HEYLAMA SERVICES

Heylama offers the following services:

Matchmaking and connection services for language learning purposes

Heylama is an online platform or marketplace that facilitates user connection, specifically between Students and Tutors. 

• Tutors and Students can search, connect and engage with each other for language-learning purposes;
• Tutors and Students can upload, create, save, share, and receive content related to language learning;
• Students can search for tutors and directly connect with any tutor approved by Heylama on the platform for language learning purposes;
• Tutors can create their profiles, set their own prices, availability, and promote their experience, services, and capabilities, reply to lesson booking requests or messages from students, and connect and engage with Students to provide language tutoring services.
• To enable the connection and matchmaking services between tutors and students, Heylama also offers payment services via third-party payment service providers such as Stripe, Wise, Payoneers, and others. Heylama doesn’t store payment-related information such as credit card details and is not responsible for the security and privacy of these third-party payment service providers. 

To eliminate misinterpretation, Heylama is an intermediary marketplace that facilitates the connection between Tutors and Students for language learning purposes. Heylama isn’t a language school, language service broker, or agent and does not partake in direct interactions between users. Both Tutors and Students are independent users of the Site and Applications.

Features and tools for language learning and practice

In addition to matchmaking and connection services, Heylama offers features and tools for language learning-related content creation and practice. These features include but are not limited to, vocabulary flashcards and grammar exercises. Use of these tools and features is voluntary. Heylama reserves the right to terminate or introduce new features and tools for language learning practice without prior notice. We encourage you to review our Privacy Policy to learn about the third-party tools and analytics we use across our platform.

4. REFUND POLICY

Students are allowed to cancel or reschedule confirmed lessons unless the time remaining until the lesson in question is less than 24 hours (Short-notice cancelations).

If the confirmed lesson is in less than 24 hours, students can appeal to their tutors for rescheduling or cancellation. As outlined in our Tutor Policy, it’s entirely up to the Tutor and at their discretion to accept or reject the short-notice cancelation or rescheduling request.

If the time until the lesson is more than 24 hours and Student cancels the lesson, a full refund to the respective student account will be processed. Heylama relies on third-party payment service providers and is not responsible for any potential currency exchange or service fees that these providers might charge when processing the refund.

5. CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

6. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Marketplace contents are our proprietary property. All source code, databases, software, designs, audio, video, text, images, logos, and graphics on the Site are owned by Heylama or are licensed to Heylama. These contents are protected by copyright and trademark laws in Germany, the EU, and internationally.

No part of the marketplace or content presented on our Site can be copied, traded, distributed, licensed, or publicly transmitted without prior consent.

7. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

8. MODIFICATIONS TO THE SERVICE AND PRICES

Heylama commission fees for our services or prices for tools and content are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of Service

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made on Heylama. You agree to promptly update your account and other information, including your email address (and credit card numbers and expiration dates on the third-party payment service providers we use), so that we can complete your transactions and contact you as needed.

10. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

11. THIRD-PARTY LINKS

Certain content, products, and Services available via our Site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

12. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send feedback, reviews, support requests, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

13. USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
• Your Contributions do not violate applicable law, regulation, or rule.
• Your Contributions do not violate any third party's privacy or publicity rights.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 

Any use of the Site or the Marketplace Offerings in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings. 

14. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit our Privacy Policy page.

15. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you agree NOT to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), lx1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
• Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Advertise competing services to tutors
• Agree to circumvent the platform 

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17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall HeyLama GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless HeyLama GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

19. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.

23. HOW TO CONTACT US

If you have any questions about this policy statement or about any of HeyLama’s other policies and practices, please contact us at help(at)heylama.app. 

heylama.com and related services are, if not otherwise specifically mentioned, supplied by:

HeyLama GmbH

℅ Antler Innovation GmbH

Novalisstr. 10, 

10115 Berlin, 

Germany

VAT: DE346343774

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