The Terms and Conditions of the language exchange service
On this page we have set out the terms and conditions that govern the relationship between you and our website.
Please read them carefully, and do not create an account on this website if you disagree with the terms and conditions.
These terms are written in English (UK).
Should a translated version of these terms differ from the English version, the English version is to be the primary source.
Please note that Section 13 contains certain changes to the general terms for users outside the United Kingdom.
Date of Last Revision: 31st January 2016
1.1 This document of terms (DoT) is Smart Language Solutions (SLS) terms of service that controls SLS’s relationship with users and others who interact with Smart Language Solutions, its services, products and brands, called SfSLS.
1.2 By using or accessing the SfSLS, you agree to this Statement, as updated from time to time in accordance with section 10 below.
1.3 Because SLS provides a wide range of SfSLS, we will ask you to review and accept supplemental terms that apply to your interaction with specific apps, products, or services.
1.4 To the extent those supplemental terms conflict with this DoT the supplemental terms associated with any such app, product, or service will control with respect to your use of such app, product or service in the event of a conflict.
2.1 The privacy of all SLS users is very important to us.
3. YOUR DATA
3.1 You, the SLS user own all of the data you post on SLS, you control how it is shared through your PRIVACY and APPLICATION settings.
3.2 Any of your data that is covered by intellectual property rights, such as audio, photos and videos (UIP), you, subject to your privacy settings, give SLS the following rights in relation to your UIP.
3.3 You grant SLS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any UIP content that you post on or in connection with SLS this is called the User IP Licence (UIPL). This
3.4 Your UIPL ends when you delete your UIP content or your account
3.4 However, any content that has been shared with others and not deleted by them can still be used by SLS in accordance with the UIPL.
3.5 Deleted UIP, is deleted in similarly to emptying the recycle bin on a computer.
3.6 However, you understand that removed and deleted UIP may persist in backup copies for a reasonable period of time (but will not be available to others).
3.7 You further understand that any deleted UIP may also persist in copies made by third parties not associated to SLS, such as but not exclusively, search engine cashes, see 3.10.
3.8 When you use an application associated with SLS, that application may ask for your permission to access your UIP and profile information as well as content and information that others have shared with you.
3.9 We require applications and application developers to respect your privacy. However your agreement with any application will control how said application can use, store, and transfer your UIP and profile information.
3.10 When you publish UIP or profile information using SLS’s Public setting, this means that you are allowing EVERYONE, including people off of SLS, to access and use that information, and to associate it with you.
3.11 Here at SLS we value our users feedback and suggestions, however any feedback or suggestions sent to SLS can be used by SLS without any obligation from SLS to compensate you for them. You are also under no obligation to offer any suggestions to SLS.
4. SAFTEY ON SLS
4.1 Here at SLS we do our best to keep our services and your UIP and information safe, but we cannot and do no guarantee it.
4.2 In order to keep SLS save you are obliged to commit to the following
4.2.1 You will not post unauthorized commercial communications (such as spam) on SLS.
4.2.2 You will not collect users’ UIP or information, or otherwise access SLS, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission from SLS.
4.2.3 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SLS.
4.2.4 You will not upload viruses or other malicious code.
4.2.5 You will not solicit login information or access an account belonging to any other SLS user.
4.2.6 You will not bully, intimidate, or harass any other SLS user.
4.2.7 You will not post (text or audio) content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
4.2.8 You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
4.2.9 You will not use SLS to do anything unlawful, misleading, malicious, or discriminatory.
4.2.10 You will not do anything that could disable, overburden, or impair the proper working or appearance of SLS, such as a denial of service attack or interference with page rendering or other SLS functionality.
4.2.11 Do not share any private information, such as but not limited to, email, phone numbers, social media IDs, home work or place of education address with any other SLS users unless you are sure you know who you are connecting with
4.2.13 You will not solicit any private information, such as but not limited to, email, phone numbers, social media IDs, home, work or place of education address from any other SLS user.
4.2.14 You will not use any device to capture UIP, audio or webcam content of other SLS users without their express and written permission.
4.2.15 In the event that you do share UIP or personal information with any other SLS user, be careful of what you share. Remember how your UIP and profile information can be use by others. If you use a webcam, audio app or post an image other users may violate 4.2.14 and capture such content for their personal use.
4.2.15 SLS is not a dating or “hook up” service, however we recognise that SLS users may from time to time agree to meet in person. If you do meet another SLS user face to face, we recommend you take the following precautions:
184.108.40.206 Meet in a public place.
220.127.116.11 Tell and family member or friend what you are doing and who and where you are meeting.
18.104.22.168 Where possible ask a family member or friend to accompany you on any such meeting
22.214.171.124 Should you wish to meet alone, ask a family member or friend to contact you while you are meeting with the other SLS user.
126.96.36.199 In any face to face meeting with another SLS user ensure that only you have access to any food or drink you may consume.
4.2.16 Should you meet another SLS user face to face, you and your next of kin will not hold SLS responsible for any issues that may arise during the meeting or during any subsequent to meetings.
4.2.17 You will not facilitate or encourage any violations of this Statement or our policies.
4.2.18 Currently SLS does not support encrypted communications between SLS users, this means any government, state agency, or other such authorised (and some unauthorised) entity’s can see and hear what you communicate.
5. ACCOUNT SET UP & SECURITY
5.1 There are two type of SLS accounts, Chat Accounts and Tutor Accounts, clauses 5.2 to 5.19 refer to Chat Accounts. Clauses 5.20 To 5.32 Refer to Tutor Accounts.
5.2 When you register your SLS account you will provide your real name and information.
5.3 You will provide your mobile number for account verification.
5.4 You will not provide any false personal information on SLS
5.5 You will not create an SLS account for anyone other than yourself.
5.6 You create only one account.
5.7 Should SLS disable your account, you will not create another one without written permission by SLS.
5.8 You will not use your chat account for commercial gain, should you wish to teach a language for commercial gain register to be an SLS accredited tutor.
5.9 You will not use SLS if you are under 14.
5.10 If you are under 16 you will use your parents or guardians mobile number to register your account.
5.11 You will not use SLS if you are a convicted sex offender.
5.12 You will keep your contact information accurate and up-to-date.
5.13 You will not share your password with anyone
5.14 You will not let anyone else access your account
5.15 You are responsible for the security of your account and will not do anything that might jeopardize the security of your account.
5.16 You will not transfer your account to anyone without first getting written permission from SLS.
5.17 If you select a username or similar identifier for your account, SLS reserve the right to remove or reclaim.
5.18 Should any other Chat Account user or Tutor User ask you for money for paid lessons you are obliged to inform SLS of such users.
5.19 Should you change your mobile phone number you update this information on your SLS profile within 48 hours.
5.20 You will provide SLS with your real name, home address, email and chat apps user name and phone numbers.
5.21 Concurrently SLS will not share your home address, phone numbers with anyone.
5.22 You will provide us with two references.
5.23 Once approved as an SLS tutor you will not create an SLS Chat Account.
5.24 If you have an SLS Chat Account and are approved as a Tutor your chat account will be deleted and replaced with your Tutor Account.
5.25 Should you no longer wish to have a Tutor Account with SLS, your Tutor Account will be deleted and a Chat Account reinstated or created, however your Chat Account will show that you used to be a Tutor.
5.26 Should you cancel your Tutor Account you will not use your Chat Account to solicit other Chat Users for paid teaching.
5.27 Should you engage SLS Chat Account users using your Tutor Account profile this will be made clear to the chat user.
5.28 Should you engage SLS chat users using your tutor profile you will not solicit paid teaching from them
5.29 If an SLS Chat user ask you for paid lessons you will direct them to your SLS tutor profile and insist they buy your contact details through SLS.
5.30 Should you post into the SLS language blog any revenue earned through your work will be shared 50/50 between you and SLS.
5.31 You will not exchange emails, SMS texts or phone numbers with Chat Account holders unless they have paid for your service via SLS.
5.32 You agree to be bound by the extra terms of service presented to you when you sign up to be an SLS approved Tutor.
6. RELATIONSHIP WITH OTHER USERS
6.1 Here at SLS we respect other people’s rights, and expect you to do the same, and agree to be bound by the following.
6.2 You will not post content or take any action on SLS that violates someone else’s rights or violates the law.
6.3 Should any action you take be legal in one jurisdiction, but be illegal in another jurisdiction, the action will be considered illegal.
6.4 We will remove any UIP or information you post on SLS if we believe that it violates our policies.
6.5 If we remove your UIP for infringing someone else’s copyright, and you believe we have removed it by mistake, we will provide you with an opportunity to appeal.
6.6 If you repeatedly infringe other people’s intellectual property rights and UIP, we will disable your account.
6.7 You may use our logos to inform other that you are a user of SLS, you will not use our logos or Trademarks or any confusingly similar marks in any other manner without our prior written permission.
6.9 You will not post anyone’s identification documents or sensitive financial information on SLS.
6.10 You will not send invitations or communications to SLS non-users from SLS without their consent.
7. CONNECTION FEES
7.1 Be aware that internet communications are not always free, and while we currently do not charge for our services, the entity that provides you with your internet connection may charges, and SLS is not responsible for such fees.
7.2 Some of SLS’s services are based on VOIP and video chat and such applications maybe charged at an added extra cost by the entity that provides you with your internet connection, and SLS is not responsible for such fees.
7.3 Our mobile services are currently free; we reserve the right to change this policy
7.4 When you use our services on a mobile device be aware that your service provider normal rates and fees still apply.
7.5 If you change or deactivate your mobile phone number you will update your SLS account information with 48 hours to ensure that your communications and messages do not to other users who now have your number.
7.6 You consent to enable other SLS users to sync their devices with any UIP or information that is visible to them on SLS.
8. PAYMENT FEES
8.1 Currently SLS provides User Chat and Language Blog access for free, we reserve the right to change these policies
8.2 SLS is a commercial company and raises some revenue from the placement of adverts in User Chat and Blog services, you agree that you will not use any software that blogs your view of such adverts.
8.3 SLS does not require you to interact with any advertisements that you see.
8.4 Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
8.5 You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us.
8.6 This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
8.7 If you have selected a specific audience for your content or information, we will respect your choice when we use it.
8.8 We do not give your content or information to advertisers without your consent.
8.9 You understand that we may not always identify paid services and communications as such.
8.10 SLS offers everyone access to our database of tutors. The database will not provide the contact details for the tutors in the database. Should anyone require the contact details of the Tutor SLS charges a fee of €10 per introduction.
8.11 When an SLS chat user and SLS approved Tutor agree to language lessons, SLS is NOT responsible for payments. Our service is an introduction services ONLY
8.12 Agreements of lessons times, hours and payments are made between SLS users and SLS approved tutors. SLS is not concerned with and is not responsible for such arrangements.
8.13 In the event of a dispute between an SLS Chat user and an SLS Approved Tutor, the clauses set out in section 12 of this agreement apply.
9. USE OF SOFTWARE
9.1 If you download or use SLS software, or browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from SLS in order to improve, enhance, and further develop the software.
9.2 You agree that you will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from SLS without written permission from SLS.
10. CHANGES TO OUR TERMS
10.1 In the event of changes to SLS terms and conditions SLS will notify you before SLS makes changes to these terms.
10.2 SLS will give you the opportunity to review and comment on the revised terms before continuing to use SLS Services.
10.3 In the event that you continue to use SLS after a notice of change to the terms constitutes your acceptance of SLS’s amended terms, policies or guidelines.
11. TERMINATION OF ACCOUNTS
11.1 If you violate the letter or spirit of this Statement, we can stop providing you with access to SLS
11.2 If you create risk or possible legal exposure for SLS we can stop providing you with access to SLS
11.3 If we stop providing you with service we will notify you by email or at the next time you attempt to access your account.
11.4 You may delete your account or disable your application at any time.
12.1 You will resolve any claim, cause of action or dispute (claim) you have with SLS arising out of or relating to this statement or SL exclusively in the courts of the United Kingdom.
12.2 The laws of the United Kingdom govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
12.3 If anyone brings a claim against SLS related to your actions, content or information on SLS, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
12.4 Although we provide rules for user conduct, we do not control or direct users’ actions on SLS and are not responsible for the content or information users transmit or share on SLS.
12.5 SLS is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SLS.
12.6 SLS is not responsible for the conduct, whether online or offline, of any user of SLS.
12.7 In the event of a dispute between an SLS Chat user and an SLS Approved tutor it is understood that SLS acted as an introduction agent and both the SLS Chat user and SLS Approved Tutor will indemnify and hold SLS harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
12.8 SLS tries at all times to keep SLS online, Bug-free and safe. But you use SLS at your own risk.
12.9 SLS provides its service without any expressed or implied warranties including, but not limited to, fitness for a particular purpose and non-infringement of intellectual property.
12.10 SLS cannot guarantee that it will always be safe, secure and error free or that SLS will function without disruptions, delays or issues.
12.11 SLS is not responsible for the actions, content, information or data of third parties including users and tutors, and you release SLS, SLS directors, officers employees and agents from any claims and damages known or unknown arising out of or in any way connected with any claim you have against any such third parties.
13. USERS OUTSIDE THE UNITED KINGDOM
13.1 Here at SLS we are trying to create a global community with consistent standards for everyone, but we also attempt to respect local laws, which we may not be aware of.
13.2 The following provisions apply to users and non-users who interact with SLS outside the United Kingdom:
13.3 You consent to having your personal data transferred to and processed in the United Kingdom, Russia, Spain, The United States of America and Republic of Ireland.
13.5 If you are located in a country embargoed by the United Kingom, or are on the UK and EU list of Specially Designated Nationals you will not engage in commercial activities on SLS
13.6 You will not use SLS if you are prohibited from receiving products, services, or software originating from the United States.
13.7 Amendments for users in Germany
13.7.1 Paragraph 2 applies subject to the proviso that our use of this content is limited to use on or in connection with SLS.
13.7.2 Paragraphs 8.2 to 8.9 are replaced by:
188.8.131.52 Our goal is to make adverts valuable for our users as well as our advertisers. To make this possible, you agree not with the following:
184.108.40.206 You give us permission, unless you’ve set the privacy settings otherwise to use your name and profile picture for commercial , sponsored , or related content (such as a brand that you like).
13.7.3 Paragraph 10 is replaced with:
220.127.116.11 If we change our policy’s we will inform you 30 days prior to any changes taking effect.
18.104.22.168 Should you not accept the changes in policy, you need to delete your account , if you do not delete your account, this is considered acceptance of the changes .
22.214.171.124 SLS will direct you to the upcoming changes via email as the start of this 30 -day period.
13.7.3 Paragraph 11 is replaced with:
126.96.36.199 SLS’s right to extraordinary termination remains unaffected.
188.8.131.52 In the event that a party violates any obligations set out in SLS’s policies the party who is found to be in violation cannot expect a period of notice while any investigations take place.
184.108.40.206 We can only terminate an account once we have been made aware of the particular violation.
13.7.4 Section 12.1 is replaced by: This statement is subject to German law.
14.1 By “Smart Language Solutions” “SmartLanguageSolutions.com” SmartLanguageSolutions.eu” SmartLanguageSolutions.es” SmartLanguageSolutions.cat” SmartLanguageSolutions.ru” SmartLanguageSolutions.net” SmartLanguageSolutions.ie” SmartLanguageSolutions.uk” SmartLanguageSolutions.co.uk” or “SLS” we mean the features and services we make available, including through (a) our website at www.SmartLanguageSolutions.eu and any other SLS branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, brands, products, services, software, devices, or networks now existing or later developed.
14.2 SLS reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this DoT.
14.3 By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from SLS or provide data to us.
14.4 By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with SLS.
14.5 By “content” we mean anything you or other users post, provide or share using SLS Services.
14.6 By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from SLS or provide to SLS through Platform.
14.7 By “post” we mean post on SLS or otherwise make available by using SLS.
14.8 By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
14.9 By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
14.10 By Tutor we mean a person who is paid to teach a language.
14.11 By Tutee we mean a person who is paying to learn a language.
15.1 This Statement makes up the entire agreement between the parties regarding SLS, and supersedes any prior agreements.
15.2 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
15.3 If we fail to enforce any of this Statement, it will not be considered a waiver.
15.4 Any amendment to or waiver of this Statement must be made in writing and signed by us.
15.5 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
15.6 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
15.7 Nothing in this Statement shall prevent us from complying with the law.
15.8 This Statement does not confer any third party beneficiary rights.
15.9 We reserve all rights not expressly granted to you.
15.10 You will comply with all applicable laws when using or accessing SLS.