Effective from December 27, 2021
The Talk@Ease Application is a language learning software, which constitutes the exclusive ownership of Digital Language Solutions Kft., and which is developed by Digital Language Solutions Kft. and its subcontractors. The Application and the related services of Digital Language Solutions Kft. – after accepting the present General Terms of Use and the related Privacy Policy - allows users free of charge to download, install, access and use a variety of educational services, including learning or practicing the English language.
Digital Language Solutions Kft. may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of its services temporarily or permanently.
The present General Terms of Use shall govern all services and information, which are available through Talk@Ease Application.
The present General Terms of Use shall exclude all others, all different, conflicting or supplementary terms of business of the User shall only become part of an Order if and to the extent that Digital Language Solutions Kft. has consented to their application previously in writing.
The Free Services of Digital Language Solutions Kft. regarding the Talk@Ease Application may comprise of 5 freely available lessons. Digital Language Solutions Kft. is entitled from time to time to define, alter, modify its Free Services upon its sole discretion. User acknowledges that the Free Services allows to the User limited functionalities (referred to as “Free Services”).
Digital Language Solutions Kft. shall have the right to set back, limit or otherwise modify or alter or amend Free Services at any time without prior notice of its Users. In such case Digital Language Solutions Kft. shall ensure no guarantee, indemnity, maintenance or support and availability obligations regarding its Free Services. Free Services are not a guarantee of significant characteristic of possible Paid Services, which means that the Users should not relied them in making any decisions of purchasing the possible Paid Services.
The User shall - under no circumstances - be entitled to acquire the source code of the App or of the software.
Paid Services – are not available at the moment
User Account – this service is not available at the moment
In-app purchases – are not available at the moment
System requirements – smartphones with minimum iOS 13 or Android 8.0 operating systems
Considering the free nature of the App, children over 14 are allowed to download the App and use the related Services.
We do not knowingly allow children under the age of 14 to download our App and use its related services. If you become aware of such case, please contact us using the contact information provided below.
Digital Language Solutions Kft. shall address the parents or legal guardians of children under the age of 14 directly and may request confirmation by e-mail that the usage of the App is allowed and approved by the parents and legal guardians. Nonetheless, Digital Language Solutions Kft. may also request at any moment the written consent of parents or legal guardians to verify their knowledge and authorization to the access of their children to the Application and to the related Services. With respect to the under-sixteen years old, in no event shall Digital Language Solutions Kft. permit them to directly submit any personal data.
Digital Language Solutions Kft. also guarantees that no information shall be processed for purposes other than the ones indicated in the Privacy Policy.
Name: Digital Language Solutions Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (above and hereinafter referred to as “Digital Language Solutions Kft.”)
Registered seat: 3524 Miskolc, Leszih Andor utca 27. 4. em. 4., Hungary
Company registration number: 05-09-034616
Tax number: 27418651-2-05
Bank account number: 10102103-75412300-02005001
Registering Court: Miskolci Törvényszék Cégbírósága, Hungary
Chamber membership: Borsod-Abaúj-Zemplén Megyei Kereskedelmi és Iparkamara, Hungary
E-mail address: info@talkatease.com
Tel.: +36 30 2869550
Hosting services of the website (www.talkatease.com) held at:
Name: Rackhost Zrt.
Address: 6722 Szeged, Tisza Lajos körút 41., Hungary
Company registration number: 06-10-000489
https://www.rackhost.hu/privacy-policy
The use of the present App and related Services for private purposes is solely authorized by Digital Language Solutions Kft.. In case the application is downloaded, installed, accessed or used with a non-private, economical purpose Digital Language Solution Kft. is entitled to consider this type of download, installation or usage as the breach of the present General Terms of Use and entitled – among others – to claim damages.
Any downloads, installations and accesses with non-private, economical purposes shall be authorized individually by Digital Language Solutions Kft previously in writing for consideration and with the conclusion of individual agreements.
Before downloading the App with a non-private, economical purposes please get into contact with Digital Language Solutions Kft (by e-mail: info@talkatease.com) for having an individual agreement for the non-private, economical usage of the App.
After the downloading the App simultaneously with the first accessing to the App without registration the User shall accept the present General Terms of Use and the Privacy Policy of the App. They immediately constitute a written agreement between Digital Language Solutions Kft. and its Users to whom Digital Language Solutions Kft. provides its Services.
Accessibility of the General Terms of Use – the General Terms of Use and the related Privacy Policy is available at www.talkatease.com website, and it can be downloaded and printed out from that website at any time.
Any problem regarding the Application can be reported to Digital Language Solutions Kft. via e-mail (info@talkatease.com).
Any contract related communication, notices and declarations submitted by the User to Digital Language Solutions Kft., including but not limited to notices of complaint, reporting of problems, etc. shall be made in writing in text form to be valid (a simple email shall suffice) if not stated otherwise in the present General Terms of Use. The expressions ‘in writing’, ‘written form’ or variations thereof are used in these General Terms of Use, shall mean any written form, also the electronic exchange of copies of documents signed by hand as well as documents signed with a simple electronic signature shall suffice. To avoid the possible misunderstandings email correspondence regarding any further conclusion of agreements between Digital Language Solutions Kft. and its Users shall suffice only in cases when they contain an expressed proposal/offer and its explicit acceptance.
Digital Language Solutions Kft. shall answer such complaints within 30 days term.
The contract for Free Services enters into force with the acceptance of the present General Terms of Use and the related Privacy Policy and shall remain in effect for an indefinite period of time, unless it is withdrawn or terminated unilaterally or bilaterally by the Parties.
The User may terminate any Free Services for convenience at any time with immediate effect with the deletion of the App from its device.
Considering the free nature of the Application and the related free services the right of withdrawal ensured by Governmental Decree No. 45 of 2014 can be exercised by the User – without any obligation for reasoning - at any time by the deletion of the Application from its devices.
Platform providers, such as Apple Inc. and Google Inc., that make our app available for download are not parties to the present agreement of the Parties or to the General Terms of Use. Platform Providers have no obligation to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation with respect to the App. or to the related Services.
Digital Language Solutions Kft. owns and shall expressly retain all proprietary rights and all intellectual property rights especially but not limitedly all copyright, database rights, know-how, patent, trade secret, trademark, design and all other technical solutions of the App and its Services or related to them, especially but not limitedly any learning contents and teaching methods. The User acknowledges that the rights granted under the present General Terms of Use do not provide the User with any title to or ownership of the Services or of their content.
The User and Digital Language Solutions Kft. shall at all times comply with the requirements of any applicable privacy and data protection legislation including but not limited to the GDPR.
The processing of data by Digital Language Solutions Kft. is detailed in Digital Language Solutions Kft. ’s Privacy Policy which can be found on the website of Digital Language Solutions Kft. (www.talkatease.com/privacy).
Users shall use the Application for their own risk.
Digital Language Solutions Kft. does not guarantee, represent or warrant any specific language learning progress or language learning success to be achieved by the User by using the App or the related Services.
The Application in certain cases may not substitute the individual language teaching or the presence and guidance of a professional teacher, but it is all time suitable to supplement such teaching method.
The User is responsible for maintaining the Security of its Equipment and for all uses of the Equipment with or without the User’s knowledge. Service provider undertakes no liability for the loss of a device or any data stored on the device for which the App is downloaded and installed, neither for the publication of such information or data or if such information or data gets into the possession of any third party without consent. Digital Language Solutions Kft. and its subcontractors collect only summarized anonym data and information regarding the usage of the App, which serves the purposes of development and monitoring of popularity.
Digital Language Solutions Kft. may be liable for damage caused intentionally or with gross negligence or for damages resulting from the absence of any guaranteed characteristics.
Digital Language Solutions Kft. shall be liable for damage resulting from the breach of its primary obligations, where primary obligations shall have the meaning of basic duties which form the essence of the App and the related Services of which the User may reasonably rely on. If the breach of such primary obligation was caused through simple negligence Digital Language Solutions Kft.’s ensuing liability shall be limited to the amount € 200.
Digital Language Solutions Kft. shall not be liable for damage resulting from the breach of non-primary obligations, or for any loss, damage or harm suffered by the User that is directly or indirectly caused by the User’s unauthorized use.
Any other liability is excluded on the merits.
Regarding the present General Terms of Use the laws of Hungary shall be applied all kind of legal disputes arising from or in connection with the download or usage of the App and its related Services shall fall within the exclusive competence and the jurisdiction of the Hungarian Courts.
Subject to the terms and conditions of the present General Terms of Use, Digital Language Solutions Kft. grants to Users, a non-exclusive, non-transferable, non-sublicensable right and license to download, install and use a copy of the App in object code form to the User’s device and to use its Free Services related to the Talk@Ease Application for the User’s private purposes only (“License”).
The User represents and warrants to use the App and any and all related Services of Digital Language Solutions Kft. only in full compliance with all applicable and governing laws and regulations as well as with the present General Terms of Use and the related Privacy Policy.
The violation, breach or non-conformity with the above obligations of the User means that the User shall bear full liability with this regard.
Digital Language Solutions Kft may, without notice or liability, control and inspect any complaints or suspected violations of the present General Terms of Use or Privacy Policy or any other obligation of the User stipulated by any law or regulation or by the present General Terms of Use.
In case of the violation of any obligation of the User, Digital Solutions Kft is entitled to take any action that it believes is appropriate - including, but not limited - to restricting, suspending, or terminating the User’s access to the Services and in certain cases to claim damages.
The obtaining and maintaining any Equipment and supplementing or security services which are necessary to connect to, access or otherwise use the App and the related Services, and to preserve the devices is the obligation of the User. Digital Language Solutions Kft. bears no liability or responsibility with this regard.
User shall notify Digital Language Solutions Kft. promptly on any unauthorized use any known or suspected breach of security or misuse of the Services.
User by accepting the present General Terms of Use hereby expressly agrees to defend indemnify and hold harmless Digital Language Solution Kft and its subcontractors, members, employees, agents, suppliers, service providers and licensors, successors and assigns, from and against all losses, claims, causes of action, obligations liabilities and damages whatsoever, including the procedural costs and lawyers’ fees arising from or in connection to the Users access or use if the Services, or from the User’s breach of its obligations or of the present General Terms of Use or Privacy Policy.
In connection with any claim for indemnity Digital Language Solutions Kft. must promptly provide the User with notice of any claim that Digital Language Solutions Kft. believes is within the scope of the obligation to indemnify, provided, however, that the failure to provide such notice shall not relieve the User of its obligations. Digital Language Solutions Kft. may, at its own expense, assist in the defense if it chooses to do so, but the User shall control the defense and all negotiations related to the settlement of any such claim. Any such settlement intended to bind Digital Language Solutions Kft. shall not be final without Digital Language Solutions Kft.’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
The Users are not entitled – especially but not limitedly - to sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, modify, adapt, translate or create derivative works, duplicate, process, distribute, share the part of the Services or in whole or to copy the Services or a part of them onto any public or distributed network, make available in any form any external commercial use of, outsource, use on a timeshare or service bureau basis, or use in an application service provider or managed service provider environment, or otherwise generate income from the Services;
The User shall not (and shall not permit any third party to) directly or indirectly among others:
Digital Language Solutions Kft. shall provide reasonable maintenance and support for its App and its related Services by tracing and correcting errors and ensuring assistance. Digital Language Solutions Kft. ’s obligations for maintenance means bug fixes, error resolution for a reasonable extent, and providing of updates and upgrades made available by and under the sole discretion of Digital Language Solutions.
Support is provided to the User via email through info@talkatease.com, and by phone from Monday to Friday during regular business hours (8:00 a.m.-16:00 p.m. according to Hungarian time) Tel.: +36 30 2869550.
Digital Language Solutions Kft. shall answer such support request e-mails within as soon as possible but always within a 30 days term.
In case the analysis reveals that the error notified by the User has actually not occurred or is not attributable to the App or to the related Services, Digital Language Solutions Kft. may charge the User for the costs incurred by Digital Language Solutions Kft. in connection with such analysis.
Digital Language Solutions Kft. reserves the right to implement new versions and upgrades of the Services including, especially but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.
Digital Language Solutions Kft. may assign any of its rights arising from the present General Terms of Use in whole or in part to a third party, provided that such assignment shall not impair the User’s rights.
The User shall not assign any of its rights or obligations without the prior written consent of Digital Language Solutions Kft.
Regarding the complaints of consumers there is a possibility to turn to arbitrational boards of Hungary in order to settle the consumer disputes out of court.
According to the registered seat of Digital Language Solutions Kft, you can directly turn to:
Borsod-Abaúj-Zemplén Megyei Kereskedelmi és Iparkamara által működtetett Békéltető Testület
3525 Miskolc, Szentpáli u. 1.
Tel.: +36-46-501-091, 501-090
E-mail: bekeltetes@bokik.hu
bekeltetes.borsodmegye.hu
Furthermore, the European Commission provides an online dispute resolution platform for consumers, which may be accessed via this http://ec.europa.eu/odr/.
Consumers are also able to turn to the Hungarian Consumer Protection Authorities, please find more information regarding them at https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
Digital Language Solutions Kft. is neither obliged nor willing to participate in such dispute resolution proceedings or in dispute resolution proceedings before any other consumer arbitration board.
The present General Terms of Use were prepared in English language.
The present General Terms of Use and the related Privacy Policy shall be governed and interpreted according to the Hungarian law.
Regarding lawsuits arising in connection with or from the present General Terms of Use the Hungarian Courts have jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Digital Language Solutions Kft.
December 2021
© 2021 Digital Language Solutions Kft.