Please note: This is the original English language version of the Terms and Conditions. A translation to the Spanish language has been provided for convenience only. In the event of any conflict or inconsistency, the English language version shall prevail.
LAST UPDATED: 28th September 2024. v-1.0
These Terms & Conditions (Terms) apply to the ESL Teacher Tools web application (Application / Service) located at www.esltools.app. The Service is provided by Mark Delaforce (Service Provider / ESL Teacher Tools / we / us), located in Ejea de los Caballeros, Zaragoza, Spain. Access to the Service requires creating an account. By creating an account and using the Service, either during a trial period or as a paying subscriber, you affirm that you have read, understood and agree to be bound by these Terms. These Terms apply to all subscribers, trial users and others (Users) who access or use the Service. If you disagree with any part of these Terms, you may not create an account or access the Service. You must be at least 18 years old to create an account. By creating an account you affirm that you are at least 18 years old and capable of entering into legally binding agreements. By creating an account and using the Service, you agree to the collection and use of information in accordance with the ESL Teacher Tools Privacy Policy found at www.esltools.app/privacy-and-cookies. Our Privacy Policy describes how the information you provide to us when you use the Service is handled.
When creating an account to access the Service you agree to provide a current, valid email address, that is owned by you to complete the registration. Your email address along with the password you create at registration are your account credentials that are used to login to and access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. ESL Teacher Tools will not be liable for any loss or damage arising from failure to comply with these requirements. We reserve the right to suspend or terminate your account at any time and for any reason, including if it is not used in accordance with these Terms. You may terminate your account at any time and for any reason by contacting us at support@esltools.app and requesting to terminate your account. Upon termination of your account, your personal data will be handled in accordance with our Privacy Policy. Once your account is terminated, you will no longer be able to access the Service. In the case that you wish to terminate your account because of non agreement with updated Terms and Conditions, and you are a paying subscriber, any unused portion of your subscription will be refunded to you. In all other cases, refunds will be granted at the sole discretion of the Service Provider and may be subject to an administration charge. If you have any outstanding financial obligations to us, you will still be responsible for fulfilling them.
Except where indicated, the Application and its entire contents (Application Contents), including but not limited to tools, games, text, design and source code are owned by ESL Teacher Tools. The Application Contents are protected by copyright laws and may not be sold, leased, copied, reproduced, modified, published or distributed in any way without the prior written consent of ESL Teacher Tools. Users are granted a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for personal, non-commercial use and for educational purposes in a classroom setting or similar learning environments, including private tutoring sessions, or for business use where multiple accounts are created by a primary account owner on behalf of their staff, as permitted by our Business Account Policy, shown below. This includes the right to display the Application Contents to others in a classroom or other educational environment. Contents that are not owned by ESL Teacher Tools are the images (excluding screenshots of the tools) and sounds used within the Application (Non esltools Content). Where possible, links to the original source of Non esltools Content and their respective licenses have been provided, particularly in the case where the Non esltools Content is not in the public domain. If you wish to use any Non esltools Content, it is your responsibility to ensure you use it in compliance with its license terms.
We respect the intellectual property rights of others. If you believe that any material available within the Application infringes upon any copyright you own or control, please immediately inform us by email at support@esltools.app or by using the contact form found at www.esltools.app/contact.
Primary account owners may create and manage multiple accounts for their staff under a single business account. Each staff member must have their own individual login credentials. The business account owner is responsible for ensuring that all staff members comply with these Terms and Conditions. The license granted to business account owners extends to their staff for personal, non-commercial use and for educational purposes in a classroom setting or other educational environment.
You agree not to use the Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Service in any way that could damage the Service or its general operations. The following activities are prohibited:
We reserve the right to investigate and take appropriate action if you violate this Acceptable Use Policy. Such actions may include, but are not limited to:
If you become aware of any violation of this Acceptable Use Policy, please contact us immediately via support@esltools.app.
The Application contains links to third-party websites or services that are not owned or controlled by ESL Teacher Tools. These links are provided for your convenience only and the inclusion of any link does not imply endorsement, approval, or recommendation by us of the linked site or any association with its operators. ESL Teacher Tools has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that ESL Teacher Tools shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your use of any third-party websites or services is at your own risk.
We reserve the right to change, modify or remove the contents of the Service at any time for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services at any time without notice. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays or errors. We will not be liable to you for any loss, damage or inconvenience caused by your inablility to access or use the Service during any downtime of the Service.
There may be information within the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Service at any time without prior notice.
ESL Teacher Tools reserves the right, at its sole discretion to modify, add or remove components of these Terms at any time. We will notify you (either by email and/ or by posting a notice on the Application home page) at least 30 days before any changes come into effect (unless the changes are required by law), to give you an opportunity to review the changes. Your continued use of the Service following the posting of changes will signify your acceptance and agreement to the changes. If you do not agree with any changes you must not access the Service after the changes come into effect and you should contact us via support@esltools.app to close your account. Upon closing your account, you will no longer be permitted to use the Service. If you are a paying subscriber, any unused portion of your subscription will be refunded to you.
The information and services provided by ESL Teacher Tools are for educational purposes only, including use within private language academies and by private language tutors. The Service itself may not be resold, redistributed, or otherwise exploited for direct commercial gain outside of the context of providing language education by these academies or tutors. While we strive to provide accurate and up-to-date information, we do not warrant or guarantee the accuracy, completeness, or usefulness of any information provided. The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Your use of the Service is at your own risk.
Except where prohibited by law, in no event shall ESL Teacher Tools, its affiliates, or their respective officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or other damages arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, ESL Teacher Tools is found to be liable to you for any damage or loss which arises from or is in any way connected with your use of the Service, our total liability to you for any claim arising out of or relating to these Terms and Conditions or your use of the Service shall not exceed the amount you have paid to us for the Service in the 12 months preceding the date of the claim. Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability for certain types of damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law. By using the Service, you acknowledge that you understand and agree to the limitations of liability set forth in this clause and that they form an essential basis of the bargain between you and ESL Teacher Tools.
In the event of any dispute, claim or controversy arising from or relating to these Terms or the breach thereof, the parties hereto shall first attempt to reach a just and equitable solution, satisfactory to both parties, by consultation and negotiation with each other in good faith. Either party may initiate negotiations by providing written notice to the other party outlining the nature of the dispute. If a solution is not reached within a period of 21 days of written notice, then all disputes, claims or controversies shall be finally resolved by arbitration, in accordance with the rules of the Consumer Arbitration Board of Aragón and the decision of the arbitrator(s) shall be final and binding on both parties. The costs of arbitration shall be borne as determined by the arbitrator(s). The parties agree that arbitration shall be the exclusive means of resolving disputes, except for the enforcement of arbitration awards, which may be submitted to the courts of Zaragoza, Spain.
This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles. Any disputes arising out or or in connection with these Terms and Conditions shall first be subject to the Dispute Resolution process outlined herein. If arbitration is not applicable or requires enforcement, the parties agree that the courts of Zaragoza, Spain shall have exclusive jurisdiction.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will still be considered valid.
If you have any questions or concerns, please email us at support@esltools.app or by using the contact form found at www.esltools.app/contact.