TERMS OF SERVICE

We're updating our Terms of Service ("Terms") to take into account improvements to our operational processes and to ensure that our Terms reflect the current legal and regulatory frameworks we work within. These changes will come into effect on November 17, 2024, and your continued use of the Busuu service after this date will be subject to our updated Terms.

Please read these Terms of Service carefully before using our Service or the Premium Services.

INTRODUCTION

These Terms of Service (the “Terms”) apply to the use of the website busuu.com (the “Site”), the use of the Busuu app (the “App”), and the use of the language-learning service provided through them (together, the “Service”), along with the various tiers of premium language-learning services that are also available (the "Premium Services", each a "Premium Service").

The Service and the Premium Services are owned and operated by Busuu Limited, registered in England and Wales under company number 08172044 and with its registered office at Broadwalk House, 5 Appold Street, London, EC2A 2AG, United Kingdom (“Busuu”, "we", "us", "our").

By accessing or using the Service or the Premium Services, you confirm that you accept and agree to comply with these Terms. If you do not agree to comply with these Terms, please do not use or access (or continue to use or access) the Service or the Premium Services.

You also confirm that you are at least 13 years old. The Service and the Premium Services are not intended for use by children under the age of 13.

You agree to not use the Service or the Premium Services if you are (a) organized under the laws of, operating from, or resident in, a territory or country that is subject to embargo (meaning an order stopping the movement of trade in or out of a country), (b) identified on a list of prohibited or restricted parties, or (c) in any other way blocked or denied by any government or subject to international sanctions (meaning a punishment taken by a government against individuals).

These Terms may be updated from time to time by Busuu for the following reasons: (i) to improve the Terms, to make the Terms clearer or easier to understand; (ii) to comply with legal or regulatory requirements, such as mandatory laws that apply to us and our contract with you, or where we are subject to a court order or judgment; (iii) to provide you with additional information about the Service or the Premium Services; (iv) where we make changes to the Service or the Premium Services, including where we change the way we structure them or expand the scope of them by adding additional features or functionality; (v) where we reorganize the way we run our business, including merging with another brand or service; or (vi) for security reasons, including where we introduce additional security checks or software to protect the Service or the Premium Services. In addition, we provide the Service and the Premium Services on an ongoing basis, and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms for reasons other than those set out above, provided that those amendments are reasonable. If we change these Terms in a way that will impact your legal rights or obligations, we will give you reasonable advance notice, and will give you the opportunity to read the new terms before the changes take effect, unless an update needs to be implemented quickly to reflect a sudden change to the Service or the Premium Services, or for security, legal, or regulatory reasons (in which case we will notify you of the changes as soon as we can). If you do not agree to the changes to the Terms, you will have to stop using the Service or the Premium Services. If we reasonably consider that any change to these Terms will negatively impact your legal rights or obligations in a significant way, we will provide you with at least 30 days’ notice of these changes and explain how to let us know if you refuse to accept the new terms. If you refuse to accept the new Terms before the changes are due to take effect, for the Premium Services the version of the previously accepted Terms will continue to apply to your use of the Premium Services until the end of your billing period.

However, please note that if you are granted access by an educational institution or an employer or any other entity, the above section on changes will not apply to your use of the Premium Services.

Every time you wish to use the Service or the Premium Services, please check these Terms. The date of the latest version of these Terms is September 30, 2024.

OVERVIEW OF THESE TERMS

Thanks for having a look at our Terms! For us, transparency is very important, so our full Terms are set out below, but to make it easier for you, here is a short overview of the most important points:

The basic version of Busuu can be accessed free of charge.
To access the language courses on Busuu you must register for a free account.
If you have the basic version of Busuu, you have the option to purchase a Premium subscription as part of the Premium Services (or an educational institution, an employer, or any other entity may have paid for it for you). With the Premium Services you have access to additional learning functions such as grammar units, certificates, etc. This is just an option—you can use Busuu as a basic, non-premium subscriber completely for free.
Each Premium Service will renew automatically for the same time period that you initially purchased, at the end of that initial period. Where you made the purchase via the Site, you can cancel it at any time by going to “Settings” and then “Subscription” within the Premium Service. If you made the purchase through the App, your Premium membership is also subject to the terms of your agreement with the relevant app store (in addition to these Terms), and to cancel your subscription, you must cancel directly with that app store. You will then still enjoy the Premium Service access until the end of the period you’ve paid for.
We hate spam as much as you do. If you want, you can turn off any notifications, emails, and newsletters from Busuu at any time.
We hope you enjoy our services and that you improve your language skills with Busuu!

USER PROFILE AND REGISTRATION

In order to use most of the features of the Service and the Premium Services, you must have a valid Busuu account. In order to obtain a Busuu account, you must register with Busuu by providing your name and a valid email address (“Registration Data”). As part of that registration process, you will also have to set a password.

Users that have registered for an account (each a “User”) are allowed to create and update an online profile on the Site or the App (“Profile”). Each User with a Profile can then post User Content (as defined in the section on "USER CONTENT AND BEHAVIOR ON THE SERVICE" below).

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable.

You agree:

to use your account individually and not share it with others; and
to immediately notify Busuu in writing of any unauthorized use of your password or account or any other breach of security you become aware of.

You agree:

to provide true, accurate, up-to-date, and complete information about yourself as prompted by the Registration Data requirements; and
to maintain and update the Registration Data to ensure that it remains true, accurate, up-to-date, and complete.

You can modify the Registration Data at any time by accessing your account and going to “Settings.”

If any Premium Services are suspended or canceled in accordance with these Terms, we may delete or stop your access to any of the information relating to your use of such Premium Services (including, where relevant, any information in your Premium Services account).

You must protect your account, the Service, and any Premium Services you purchase from unauthorized and fraudulent use. Please notify Busuu as soon as possible at team@busuu.com of any unauthorized or fraudulent use of your Services, the Premium Services, or when you suspect that your account may be at risk.

Busuu has the right to close or cancel the account of any User in the event of any unauthorized or fraudulent use of their account, or any Service or Premium Service. If that unauthorized or fraudulent use was caused by your breach of these Terms, any amounts paid by you for any Premium Services will not be refunded.

FEES

The non-premium Service can be used completely free of charge.

You also have the option to use more advanced features as part of the Premium Services. The Premium Services include Premium membership, which offers access to additional learning functionalities (such as full grammar reviews, full vocab reviews, unlimited speaking activities, etc.), details of which can be found at https://www.busuu.com/en/premium.

The prices and key related terms for the Premium Services are governed by the "PREMIUM SERVICES" section below.

PREMIUM SERVICES

The provisions of this section apply to your use of and access to the Premium Services.

The Premium Services can be requested within the Service. We and/or the app store will send you a confirmation email when you purchase a subscription to any Premium Service and for each renewal. The contract between you and Busuu for each Premium Service is formed at the time we and/or the app store send the initial confirmation email when you purchase the subscription. The current fees for each of the Premium Services are set out on the Site. You acknowledge and agree that such fees may change from time to time. We will provide advance notice of any change, and it will not apply before the end of your current Premium Service period. If you do not agree with the new price, please cancel the applicable Premium Service(s) in accordance with these Terms.

Busuu uses secure payment service providers to make sure that your payments are secure.

Where a subscription-based Premium Service renews automatically, your chosen payment method will be charged automatically at the end of your current subscription period, and your subscription will, unless you cancel it, be renewed for the same period of time. If a free-trial period is included, you will not be charged until the free period is over—at this point your chosen payment method will automatically be charged using the details provided at the beginning of the trial.

Subscriptions do not expire during the subscription period due to non-use of the subscribed Premium Services. You can check on the length of your subscription at any time by viewing your account information or going to “Settings” and then “Subscription” within the Site or the App. Busuu may run promotions and free offers which may be subject to additional terms or restrictions.

Where you purchased a Premium Service via the Site, you can set it to expire at the end of its current period at any time by going to “Settings” and then “Subscription” within the Premium Service. If you made the purchase through the App, your Premium membership is also subject to the terms of your agreement with that relevant app store (in addition to these Terms), and to cancel your subscription, you must cancel directly with that app store. In the event of conflict between these Terms and those of the app store, the terms of the app store shall take precedence with regards to your relationship with the app store—in all other cases, these Terms shall take precedence.

You may also cancel any purchase of a Premium Service and claim a refund for any reason by notifying us or the app store (as applicable) no later than 14 days after the day on which the contract for the relevant Premium Service was formed (i.e., the date on which the initial confirmation email was sent as per above). However, if you have used the Premium Service prior to exercising your cancellation right, then you must pay for the value of the Premium Service provided up to the date of cancellation. If you wish to cancel the Premium Service, and you purchased via the Site, you can use the form set out in Appendix 1 at the bottom of these Terms, or, alternatively, you can use the form set out here, or send an email to our Customer Service Team at team@busuu.com. If you have purchased a Premium Service from an app store, you must cancel it via the app store.

However, please note that if you are granted access by an educational institution or an employer or any other entity, the fees will have been prepaid by them, and the above sections will not apply to your use of the Premium Service.

Busuu may suspend or terminate your access to and/or use of any Premium Services immediately if:

Busuu has reasonable belief that you are in breach of or have acted inconsistently with these Terms; or
Busuu is entitled to suspend or terminate your account, or your use of the Service generally, under the "TERMINATION" section below.

If you are using a Premium Service as an education institution, an employer or any other entity has paid for it, then please be aware that they may have agreed other terms that may override the ones above, and those will instead apply.

PRIVACY POLICY

Registration Data and certain other information about you are governed by the Busuu Privacy Policy at www.Busuu.com/privacy (the “Privacy Policy”). Determining what personal data may be shared on your Profile is at your discretion.

Where you are accessing a Premium Service as an administrator on behalf of an educational institution or an employer or any other entity, you acknowledge that you will have access to Users' Registration Data and details relating to their use of the Premium Service (together “User Data”). You agree that you shall treat such User Data in the strictest confidence and in particular, you shall keep secure and not share any User Data with other users or third parties and shall limit your use of the User Data solely to the purpose of administering and monitoring the User’s use of the Premium Service.

Busuu is protected by reCAPTCHA and is subject to the Google Privacy Policy and Terms of Service.

USER CONTENT AND BEHAVIOR ON THE SERVICE

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted, uploaded, emailed, or transmitted via the Service or the Premium Services by Users (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. Busuu accepts no responsibility at all for any User Content that any User uploads, posts, emails, transmits, or otherwise makes available via the Service or the Premium Services. Busuu does not control the User Content posted via the Service or the Premium Services and, as such, does not guarantee the accuracy, integrity, or quality of such User Content.

You acknowledge that Busuu does not monitor User Content, but that Busuu shall have the right (but not the obligation) in its sole discretion to refuse, move, or delete any User Content that is available via the Service and/or the Premium Services that breaches these Terms or is otherwise (in Busuu’s sole discretion) objectionable.

Busuu does not claim ownership of the User Content. By submitting User Content to the Service or the Premium Services, you grant Busuu a worldwide, royalty-free (meaning we will not pay for the use of User Content), and non-exclusive license to reproduce, modify, and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing, and promoting your Profile within the Service or the Premium Services at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service and/or the Premium Services, and (iii) in respect of User Content which provides comments on the Service or the Premium Services (whether in your Profile or not), for the purpose of marketing the Service and/or the Premium Services to third parties. In all cases, (i) – (iii), our use is also governed by our Privacy Policy.

If you don’t want Busuu to display your User Content anymore, you can delete your account at any time and your information won’t be visible to other users. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). You also acknowledge that some User Content (such as comments, posts, or messages) not included directly within your Profile, may remain after the deletion of your account.

Busuu grants you a personal (meaning it applies just to you), non-exclusive, non-sub-licensable (meaning you cannot share this license) worldwide license to access and view User Content of other Users within the scope of your normal use of the Service and, where applicable, the Premium Services, while you have an active account.

You agree to use the Service and the Premium Services in a diligent, proper, and lawful manner and to ensure that you do not violate any applicable laws or any rights of third parties (including trade mark, trade secret, copyright, or other proprietary rights). In particular, you agree not to use the Service or the Premium Services to:

upload, post, email, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Busuu official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
use the Service and/or the Premium Services as a forwarding service to another app or website;
forge headers or otherwise manipulate any content transmitted through the Service or the Premium Services in order to disguise its origin;
upload, post, email, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or other relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships);
upload, post, email, transmit, or otherwise make available any User Content that infringes any intellectual property rights or confidentiality rights of any party;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service or the Premium Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
interfere with or disrupt the Service, the Premium Services, or servers or networks connected to the Service or the Premium Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service or the Premium Services;
“stalk” or otherwise harass any other Users;
collect or store personal data about other Users in connection with the prohibited conduct and activities described in this section; and/or
promote other apps, websites, or services which are not related with the Service or the Premium Services offered by Busuu.

You acknowledge and agree that Busuu may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal obligations; (b) enforce these Terms; (c) respond to claims that any User Content breaches the rights of third parties; or (d) protect the rights, property, or personal safety of Busuu, its Users and/or the public.

THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

The Service and the Premium Services may contain third-party-owned content and links to other websites or apps (“Linked Services”). Busuu does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Services. In addition, Linked Services are not under the control of Busuu, and Busuu is not responsible for the content or privacy practices of the Linked Services, including, without limitation, links contained on Linked Services or any changes or updates to Linked Services. Busuu may provide third party content and Linked Services to you only as a convenience, and the inclusion of such third party content and Linked Services is not an endorsement by Busuu in favor of any third party. You further acknowledge and agree that Busuu 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 content, goods, or services available on or through any such app, site, or resource.

Busuu respects the intellectual property rights of others, and we ask our Users to do the same. Busuu has no responsibility for content on other apps or websites that you may find or access when using the Service or the Premium Services. Material available on or through other apps or websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those apps or websites, and not these Terms, govern your use of that material.

The Service and the Premium Services may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service or Premium Services, including payment for and delivery of related goods or services, and any other terms and conditions associated with such dealings, are solely between you and such advertiser. You agree that Busuu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or the Premium Services.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for Busuu to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Busuu has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Busuu on your Profile are subject to change at any time at Busuu’s discretion in order to facilitate our business or advertiser needs. For users with a Premium Service paid through an education institution or an employer or any other entity, your Premium Service will not include advertisements.

TERMINATION

Except in relation to the Premium Services, you can delete your account and your use of the Service at any time using the delete account function within the “Settings” section of your Profile. In relation to Premium Services, you have the cancellation rights set out in the PREMIUM SERVICES section of these Terms.

After cancellation in accordance with the above paragraph, you will no longer have access to your Profile and all information contained therein may be deleted by Busuu. However, you acknowledge that some User Content (such as comments, posts or messages), not included directly within your Profile, may remain after the cancellation of your Profile.

You agree that Busuu may terminate your account if Busuu has reasonable belief that you have breached or acted inconsistently with these Terms. Following such a termination, Busuu may remove and discard any of your User Content within the Service and, where applicable, the Premium Services (including, but not limited to your Profile).

Busuu may regularly make updates and changes to the Service and the Premium Services to: (i) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements, such as adapting the Service or the Premium Services to a new technical environment, transferring the Service and the Premium Services to a new hosting platform, or ensuring Service or the Premium Services' compatibility with devices and software; (iii) upgrade or amend the Service or the Premium Services, including ending support for older versions of the App or its compatibility with certain devices, releasing a new version of the App on certain devices, or otherwise amending or making modifications to existing features and functionality; (iv) alter the structure, design or layout of the Service or the Premium Services, including changing the name of the Service or the Premium Services or re-branding, or amending, improving and/or expanding the features and functionalities available; (v) for security reasons; (vi) for anti-piracy reasons; and (vii) to adjust which content and features appear within the Service and/or Premium Services from time to time. All changes which are necessary to ensure continued conformity of the Service and the Premium Services are made without additional cost to you.

If we make changes as specified above, and these are changes which will negatively impact your access to or use of the Service or the Premium Services in more than a minor way, we will give you the right to terminate your contract with us. If this type of change is going to come into effect during the current period for a Premium Service, you will be able to cancel your Premium Service (at no cost to you) within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. If you cancel in these circumstances, we will provide you with a refund for amounts you have paid for your Premium Service but not yet received. If you do not refuse such changes or otherwise cancel your Premium Service within 30 days from the date of any notice we provide or 30 days from when the change comes into effect, whichever is later, we will take that as acceptance of the changes.

However, please note that if you are granted access by an educational institution or an employer or any other entity, the above section on changes will not apply to you.

RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or the Premium Services, use of the Service or the Premium Services, or access to the Service or the Premium Services, without the express prior written consent of Busuu.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all intellectual property rights in the Service and the Premium Services, the content, and the software belong to Busuu and its licensors and that, except for the limited license rights granted to you below, Busuu and its licensors expressly reserve all intellectual property rights in and to the same.

Subject to the two paragraphs immediately below this paragraph, and your compliance with these Terms, Busuu grants you a limited (meaning that you do not enjoy the full usage enjoyed by us), personal (meaning that it is just for you), non-transferable, non-sub-licensable, revocable (meaning it can be terminated), worldwide and non-exclusive license to use the Service, the Premium Services (where applicable), our content and our software, in each case for your own personal, non-commercial use (although business users may use the same within a commercial environment), in accordance with these Terms and any other written or other instructions of Busuu (including any instructions or parameters set down by Busuu within or as part of the Service or the Premium Services).

Your license to use our software is restricted to the use of the object code of the software, and it is a condition of such license that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign (meaning to transfer the benefit of), sub-license, grant a security interest in, or otherwise transfer any right in our software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such software or any third party content.

Without prejudice to the above provisions, you agree: (a) not to access the Site, the App, the Service, the Premium Services, or our content by any means other than through the interfaces that are provided by Busuu, or by a third party authorized by Busuu, for use in accessing the Service and the Premium Services; and (b) except as expressly authorized by Busuu or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, the Premium Services, or our software, in whole or in part.

COMPENSATION

You agree to fully compensate Busuu for any losses, damages, costs, expenses (including reasonable legal fees), or other liability, arising out of any claim, demand, allegation, or proceeding brought by any third party due to or arising out of your User Content, your use of the Service and the Premium Services, your connection to the Service or the Premium Services, your breach of these Terms, your violation of any rights of another person or entity, and any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

LIABILITY

All users:

Losses that are not limited or excluded

Nothing in these Terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Disputes between Users. If you have a dispute with another User relating to, arising from, or in any way connected with the use of the Site, the App, the Service and/or the Premium Services, you release Busuu from all claims, demands, and damages of any kind or nature arising out of or in any way connected with such dispute.

Our liability to you where you are a consumer. We are responsible for losses you suffer caused by us breaking these Terms unless the loss is:

unexpected, by which we mean that it was not obvious that it would happen, and nothing you said to us before you began using the Service and/or the Premium Services meant we should have expected it (so, in the law, the loss was unforeseeable);
caused by factors outside our control, provided we have taken the steps set out in the section headed "Force Majeure";
avoidable, by which we mean that you could have avoided the loss by taking reasonable action (for example, if there is damage to your own digital content or device, which was caused by digital content we supplied, and which you could have avoided by following our advice); or
a business loss, by which we mean loss you suffer in connection with your trade, business, craft, or profession, which is covered by the section headed "Our liability to you where you are a business" below.

Our liability to you where you are a business

Limited warranty. Where you are using a Premium Service, Busuu warrants that such Premium Service will comply in all material respects with how it is described in the Service.

Service provided “as is”. Subject to the above paragraph, you understand and agree that the Service, the Premium Services and our content are provided “AS IS” and that you use them at your own risk. To the fullest extent permitted by applicable law, Busuu expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular and without limitation to the foregoing, Busuu does not, except to the extent provided to the contrary under the warranty in the above paragraph, assume any responsibility for any improvement of your language learning; the timeliness, deletion, misdelivery, or non-delivery of information; failure to store any user communications or personalization settings; restriction or loss of access; any bugs or other errors; unauthorized use due to your sharing of access to the Service and/or the Premium Services; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, Busuu does not warrant that the Service, the Premium Services, or any part of them will be uninterrupted or error-free. However, this section is subject to the paragraph headed 'Losses that are not limited or excluded' above.

If you are a business, then, except in respect of the losses described in the paragraph headed "Losses that are not limited or excluded":

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price you paid for any Premium Service.

No implied terms about goods. If you are a business, then, except to the extent expressly stated in the section headed "Our liability to you where you are a business," we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

GENERAL

Applicable law and jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. However, if you are an EU consumer, these Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. You will only be able to bring a claim related to or arising from these Terms in the courts of England and Wales. However, if you are a consumer and you do not live in England or Wales, you can bring a claim in the courts of your territory of residence.

Third party rights. Under these Terms, no person other than you and Busuu shall have any rights in relation to your access and/or use of the Service, the Premium Services and/or the content, provided that Busuu’s third party licensors may take action against you to enforce their intellectual property rights or other rights.

Waiver and severability of terms. The failure of Busuu to exercise or enforce any right or provision of these Terms shall not constitute a waiver (meaning to give up) of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Force majeure. Neither you nor Busuu shall be in breach of these Terms or otherwise liable for any failure or delay in the performance of their obligations, if such delay or failure results from events, circumstances, or causes beyond their reasonable control. The time for performance of such obligations shall be extended accordingly.

CONTACT

Please contact us for any questions you might have or to report any breaches of these Terms at info@busuu.com.

Busuu may contact you and send you notices, including those relative to changes in these Terms, by email, by regular post, or by posting announcements on the Site and the App.

Appendix 1

(Complete and return this form only if you wish to withdraw from the contract)

To Busuu Limited, Broadwalk House, 5 Appold Street, London, EC2A 2AG, United Kingdom:

I hereby give notice that I cancel my contract for the supply of the following service: the Premium Service(s),
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date