Babbel GmbH | Babbel End User Terms
1. General | Scope
1.1 These Babbel End User Terms (“Terms”) apply to all contracts between Babbel GmbH, Andreasstraße 72, 10243 Berlin, Germany (“Babbel”) and its customers to whom Babbel provides Services for personal, family or household use, and not for business or commercial purposes (“you”).
1.2 These Terms shall govern each order for Services, whether placed online, via email or by in-app ordering process or otherwise, agreed between you and Babbel (each an “Order”). The terms and conditions of each agreed Order shall incorporate these Terms.
1.3 These Terms shall also apply to all future Orders between you and Babbel even if Babbel does not refer to them in each individual case. By using or accessing the Services, you are deemed to have agreed to these Terms.
1.4 These Terms apply to the exclusion of all others. Different, conflicting or supplementary terms shall only become part of an Order if and to the extent that Babbel has consented to such terms in writing.
1.5 Individual agreements between you and Babbel shall take priority over these Terms if mutually agreed to in writing.
1.6 Where these Terms use the expressions ‘in writing’, ‘in written form’ or variations thereof, this shall mean ‘in writing’ within the meaning of the German Civil Code. The electronic exchange of copies of documents signed by hand as well as documents signed with a simple electronic signature (e.g. DocuSign or Adobe Sign) shall suffice therefor. Unless expressly stated otherwise in these Terms, simple emails shall not suffice.
1.7 Unless stated otherwise in these Terms, any notices and declarations given or made by you to Babbel, must be made at least via email or via other electronic methods in text form, as permitted by the German Civil Code.
2. Free Services and Paid Services | Updates | Trial Use
2.1 Subject to the terms and conditions of each Order, Babbel grants you access to its language learning software, which is offered as a software-as-a-service, and any related websites, spaces, services, applications content and features as specified in the Order (“Services”). Babbel may offer free of charge with limited functionality (“Free Services”) or against payment of a Service Fee, with certain agreed functionality (“Paid Services”), each as specified in the Order.
2.2 Babbel may, in its sole discretion, implement new versions and upgrades of the Paid Services including, but not limited to, changes that affect the design, operation, specifications, content, features and other functions of the Paid Services, at any time in accordance with applicable law, in particular to the extent that such changes that are necessary to maintain the compliance of the Paid Services with applicable law or changes that are necessary for technical, business or legal purposes.
2.3 Babbel may downgrade, limit or otherwise modify the Free Services at any time without notice. Subject to Clause 17, Babbel shall have no obligations with regard to any warranty, guarantee, indemnity, Maintenance or Support pertaining to Free Services, nor does Babbel make any guarantee of availability or uptime. Features offered as part of the Free Services are not guaranteed to be implemented in the Paid Services.
2.4 Babbel may grant you access to the Paid Services free of charge or at a reduced Service Fee as part of a trial evaluation for a period determined by Babbel in its sole discretion (“Trial Use”). Babbel may downgrade, limit or otherwise modify the Services provided for Trial Use at any time without notice. Subject to Clause 17, Babbel shall have no obligations with regard to any warranty, guarantee, indemnity, Maintenance or Support pertaining to Trial Use, nor does Babbel make any guarantee of availability or uptime. Babbel may revoke or terminate any Trial Use at any time without giving prior notice to you. Features offered in connection with Trial Use are not guaranteed to be implemented in the Paid Services. Subject to the terms and conditions of the Order, Trial Use of Services shall automatically convert to Paid Services upon the expiration of the Trial Use period.
2.5 Babbel may, in its sole discretion, retain subcontractors, including third-party software suppliers, for the performance of any of its obligations under any Order at any time.
3. User Account | Conclusion of an Order
3.1 In order to use the Services, you must create a user account (“User Account”), which requires accepting these Terms, providing certain personal details, and either setting a password of your choice in a registration form provided by Babbel online or, if offered by Babbel in its sole discretion, by using an existing account with a third-party service provider (such as e.g., Google, Facebook or Apple). After registering, you will receive a confirmation email from Babbel allowing you to activate your User Account. By creating a User Account, you enter into a binding Order with Babbel entitling you to use the Free Services.
3.2 If you are under the age of thirteen (13) you may not create a User Account, place an Order, or otherwise use the Services.
3.3 If you wish to access the Paid Services, you may place an Order with Babbel through your User Account. Offers made by Babbel for Paid Services are not binding. By placing an Order, you make a binding offer to conclude an Order. The order process usually includes the following steps: choosing an option, verifying the choice and/or correcting it, inserting relevant data, selecting the method of payment, reading and accepting any additional applicable terms and conditions, agreeing to these Terms, and submitting a binding Order by clicking an order button and/or checking the box to proceed. Your offer shall not be binding on Babbel until Babbel confirms acceptance of your offer via email (“Order Confirmation”). The Order Confirmation will also include detailed information regarding your Order and an order number.
3.4 You should save a copy of these Terms and any other terms and conditions applicable to the Order. Babbel may not retain copies of these Terms or any other terms and conditions, and they will not be accessible to you after concluding the Order process.
4. Rights of Use | Use Restrictions
4.1 Subject to the terms and conditions of the applicable Order, Babbel hereby grants to you, during the Free Term, the Initial Service Term, the Lifetime License Term and any Renewal Service Term, each as applicable, a non-exclusive, non-transferable, non-sublicensable world-wide right and license to use the Services solely for personal and non-commercial purposes (“License”). Babbel will offer the Services as described on Babbel’s website, including the user on-boarding process (if any) and the frequently asked questions section, in each case as updated from time to time (“Documentation”).
4.2 You must not (and must not permit any third party to), directly or indirectly: (a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any business or commercial use of, outsource, or otherwise generate income from the Services; (b) copy the Services onto any public or distributed network; (c) decompile, reverse engineer or disassemble any portion of the Services, or otherwise attempt to discover any source code, object code or underlying structure, ideas, know-how or algorithms or other operational mechanisms of the Services, in each case, unless expressly permitted by mandatory law; (d) modify, adapt, translate or create derivative works based on all or any part of the Services (except to the extent expressly permitted by Babbel in writing or authorized within the Services); (e) modify any proprietary rights notices that appear in the Services or components thereof; (f) use any Services in violation of any applicable laws and regulations or outside of the scope of the rights granted under this Clause 4; or (g) use the Services to (i) store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware; or (ii) engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of third-party systems, or the services or data contained therein; (iv) gain unauthorized access to the Services or Babbel’s systems or networks; or (v) perform, or engage any third party to perform, penetration testing, vulnerability assessments or other security assessments.
4.3 The Services may be subject to export and/or re-export control laws and regulations of the European Union, the United States of America, or similar laws applicable in other jurisdictions. You warrant that (a) you are not located in any country to which the European Union and/or the United States of America have embargoed goods or have otherwise applied any economic sanctions, and (b) you are (i) not a denied party under any applicable export and/or re-export laws and regulations of the European Union, the United States of America, or similar laws applicable in other jurisdictions, or (ii) otherwise listed on any European Union and/or United States of America government list of prohibited or restricted parties.
4.4 You must not export or re-export, directly or indirectly, any Services or data relating thereto in breach of any applicable laws and regulations. In particular, you must comply with any sanctions imposed by the European Union and the United States of America, in each case, insofar as this does not result in a violation of or a conflict with mandatory laws, in particular with respect to anti-boycott statutes that may be applicable to you. You must, at your own expense, obtain all necessary customs, import, or other governmental authorizations and approvals.
4.5 You must not duplicate, process, distribute, share, or publicly reproduce any content of the Services without Babbel’s prior written consent, unless expressly permitted by sharing options that may be integrated in the Services.
4.6 You may only use the Services as described in the Documentation.
4.7 Babbel may monitor your use of the Services and may prohibit and/or suspend any use of the Services that Babbel believes may be in violation of this Clause 4.
5. User’s Responsibilities
5.1 You shall be responsible for obtaining and maintaining any equipment and related ancillary services required to connect to, access or otherwise use the Services, including, without limitation, hardware, software (collectively, a “System”), and networks and internet connections, at your own cost. Babbel’s current System requirements (as amended from time to time) may be accessed on Babbel’s website (“System Requirements”).
5.2 You must keep the information in your User Account up to date and correct. You must ensure that user identities, passwords and similar credentials used for accessing the Services are used and stored in a secure manner, cannot be accessed or used by unauthorized third parties and are immediately changed in the event of unauthorized disclosure. You must notify Babbel promptly of any unauthorized use of any password or User Account or any other known or suspected breach of security or misuse of the Services.
5.3 You shall be solely responsible for the content of all data and any other material displayed, posted, uploaded, stored, exchanged or transmitted by you by or through the Services (“Content”). Babbel cannot control the information submitted by you when using the Services and cannot guarantee the accuracy of any information that you submit.
5.4 Babbel may, without notice or liability, investigate any complaints or suspected violations of the Order or these Terms that come to its attention and may take any action that it believes is appropriate, including, but not limited to, rejecting, refusing to post, or removing any Content or other data, or restricting, suspending, or terminating your access to the Services.
5.5 Subject to Clause 17, you shall be liable for losses or damage incurred by Babbel if you intentionally or negligently revealed your user identification/password to a third party, or if your user identification and password has otherwise become known to an unauthorized party.
6. Virtual Classroom
6.1 If specified in an Order, Babbel shall provide Paid Services to you allowing you to participate in language training sessions with language teachers in an online live stream, either in one-on-one sessions (“Babbel Intensive”) or in group sessions (“Babbel Live”, and together with Babbel Intensive, “Virtual Classroom”), subject to the provisions of this Clause 6. Virtual Classroom Services are services within the meaning of the German Civil Code.
6.2 Subject to Clause 3.2, you must be at least sixteen (16) years old in order to participate in Babbel Live.
6.3 In order to book a Virtual Classroom session, you must log into your User Account and place a booking request by clicking a booking button. Each booking request is subject to availability of the requested language teacher at the requested time as well as the availability of a free seat in the desired session. Upon Babbel’s confirmation of the booking request, the Virtual Classroom session shall become binding on you and Babbel.
6.4 The booking of Virtual Classroom sessions is limited to the specific user. Virtual Classroom Services are limited to a maximum number of sessions per user per calendar month as described in the Documentation.
6.5 Virtual Classroom Services are usually provided via web browser, third-party video conferencing software or the Babbel app. You shall be responsible for fulfilling the System Requirements for Virtual Classroom Services.
6.6 If third-party video conferencing software is required to participate in a Virtual Classroom session, you shall be solely responsible for obtaining such video conferencing software, including any usage rights thereto, at your own cost, and Babbel does not make any representations or warranties with regard to the availability and/or functionality of such third-party video conferencing software.
6.7 Babbel shall use commercially reasonable efforts to make the desired language teacher and language level available to you at the desired time under Virtual Classroom Services. However, availability may be limited and changes may be required at short notice on important grounds. In particular, Babbel may replace any designated language teacher with an equally qualified language teacher at any time before the start of a Virtual Classroom session, in its sole discretion.
6.8 The content and scope as well as the time and duration of a Virtual Classroom session are set out on Babbel’s website or in the Babbel app. Subject to Clause 2.2, Babbel may adapt and/or supplement the content and scope of a Virtual Classroom session at any time in an adequate manner in accordance with applicable law and in your interest.
6.9 Babbel and the language teacher shall be free to determine the specific contents and/or design of any Virtual Classroom session at their own discretion. With regard to Babbel Intensive Services, Babbel shall use commercially reasonable efforts to accommodate your requests regarding the specific contents and/or design of a session. Each Virtual Classroom session may include up to five (5) minutes of administrative activities (e.g. designation of homework, preparation of notes).
6.10 Babbel’s community guidelines for the good conduct of language teachers and users in Virtual Classroom sessions (“Babbel Live Code of Conduct”) can be viewed here, and form an integral part of these Terms and any Order for Virtual Classroom Services. You must comply with the Babbel Live Code of Conduct at all times. Babbel shall not be responsible for the conduct of other users taking part in Virtual Classroom Services
6.11 Babbel and/or the language teacher may exclude you from a Virtual Classroom session at any time if you behave inappropriately, in particular if you violate applicable laws and/or the Babbel Live Code of Conduct.
6.12 Babbel may cancel any Virtual Classroom session without cause up to twenty-four (24) hours before its scheduled starting time. In the event of illness of the designated language teacher or situations under Clause 17.7, Babbel may cancel any Virtual Classroom session less than twenty-four (24) hours before its scheduled starting time. In this case, Babbel shall be released of its obligation to provide the respective Virtual Classroom Services.
6.13 In order to be effective, any cancellation of a Virtual Classroom session must be made by you via your User Account.
6.14 If (a) you cancel a booked Virtual Classroom session less than twenty-four (24) hours before its scheduled starting time, or (b) you do not attend a Virtual Classroom session in whole or in part, you shall pay to Babbel as the fees specified in the Babbel Live Code of Conduct. In either case, you are free to dispute that Babbel has suffered any loss or that the compensation you owe is reasonable in relation to such loss. Babbel reserves the right to claim further damages.
6.15 You may use any training material provided by Babbel and/or a language teacher in connection with Virtual Classroom Services solely for the purpose of personal training, preparation and follow-up as well as for personal informational purposes. You may not duplicate, process, distribute or publicly reproduce any training material without the prior written consent of Babbel. You must not (and must not permit any third party to) make any video and/or audio recordings of Virtual Classroom sessions.
7. Maintenance and Support for Paid Services
7.1 Subject to your payment of the Service Fees, Babbel shall provide Maintenance and Support for Paid Services to the extent specified in the Order. “Support” shall mean Babbel’s obligation to use commercially reasonable efforts to respond to your reasonable support requests with regard to Paid Services by troubleshooting issues and providing assistance within a reasonable time. “Maintenance” shall mean Babbel’s obligations with regard to Paid Services related to error resolution, bug fixes and the provision of updates and upgrades made generally available by Babbel in its sole discretion.
7.2 Babbel will provide Support to you via email through firstname.lastname@example.org or any other email address that Babbel may choose from time to time, via the live chat on Babbel’s website and/or via the telephone numbers as indicated on Babbel’s website, in each case, at least from Monday to Friday during regular business hours in the locations where Babbel operates service centers.
7.3 Babbel shall use reasonable efforts consistent with prevailing industry standards to provide Maintenance for Paid Services in a manner which minimizes errors and interruptions in the Services. You may notify Babbel of any errors via email@example.com