Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Locuto.PRO website and platform (the "Service") operated by Locuto.PRO ("us", "we", or "our"). We have written them to be clear and fair, and we are always happy to answer questions about anything below.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

These Terms constitute a Public Offer (Oferta). By accessing or using the Service, or by registering an account on the platform, you agree to be bound by these Terms and confirm your acceptance as a fact of registration. If you disagree with any part of the terms then you may not access the Service.

If you access the Service on behalf of a school, organization, or other business, the dedicated School & Business Terms and our Data Processing Agreement also apply, and prevail over these Terms in the event of any conflict for that account.

1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

2. Schools and Organizations

The Service can be used by schools and organizations to manage teachers, students, lessons, and materials. Where a school or organization (the "Customer") subscribes to the Service, the School & Business Terms govern that relationship, and the Data Processing Agreement governs how we process personal data on the Customer's behalf.

A Customer is responsible for its own users (including teachers and students), for the content it and its users upload, and for obtaining any consents required to enroll those users — including, where students are minors, any parental or guardian consent required by applicable law.

3. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Locuto.PRO and its licensors.

The Service is protected by copyright, trademark, and other laws of both the country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Locuto.PRO.

4. AI Credit and Payments

AI credit purchased on the platform is non-refundable. By purchasing or using AI credit, you acknowledge and agree that the platform only provides capabilities to spend it via internal mechanisms and for specific services offered within the platform.

By purchasing or using AI credit, if you are a consumer, you expressly consent to the immediate performance of the contract and provision of digital content before the 14-day withdrawal period expires, and acknowledge that you lose your right of withdrawal.

Subscription fees are billed in advance for the applicable billing period and, to the maximum extent permitted by applicable law, are non-refundable for the period in which they are paid. Statutory consumer rights that cannot be waived are not affected by this section.

5. Service Availability

We work hard to keep the Service available, reliable, and fast, and we invest in infrastructure that is built to scale as your school grows.

Locuto.PRO targets approximately 98% monthly availability as an operational goal. This figure is a target, not a contractual guarantee, and no service credits, refunds, or other compensation are owed for periods where the Service is unavailable. Availability is measured excluding the events described below.

The following are not counted as downtime and are outside our responsibility:

• Scheduled maintenance, for which we will give advance notice where practical;
• Emergency maintenance required to protect the Service or its users;
• Failures, outages, or degradation of third-party infrastructure and services we rely on (see Section 6);
• Issues caused by your equipment, software, network, or internet connection, or by factors beyond our reasonable control.

6. Third-Party Services and Dependencies

Locuto.PRO is a rich, multi-functional platform. To deliver features such as live video lessons, recordings, AI-assisted learning, payments, file storage, and email, we rely on specialized third-party providers. We choose reputable providers, but we do not control them and cannot guarantee their performance, availability, or continuity.

You acknowledge that interruptions, errors, changes, or discontinuation of these third-party services may affect the Service, and that we are not liable for the acts, omissions, or failures of such providers. The providers we use are listed on our Sub-processor list.

Our Service may also contain links to third-party web sites or services that are not owned or controlled by Locuto.PRO. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services, and shall not be liable for any damage or loss caused by or in connection with use of or reliance on them.

7. Your Content, Data, and Backups

Users may create lessons, lists, add words, upload media, generate recordings, or create other content on the platform. By posting content, you grant us the right and license to host, store, use, modify, reproduce, display, and distribute such content solely as needed to operate and provide the Service.

You retain any and all rights to the content you submit, post, or display on or through the Service, and you are responsible for protecting those rights and for the legality of that content. Locuto.PRO does not take responsibility for content uploaded or shared by users.

You are responsible for keeping your own backups of any content and materials that are important to you. While we take reasonable measures to protect data, to the maximum extent permitted by applicable law we are not liable for any loss, corruption, or deletion of content, subject to the Limitation of Liability in Section 10.

Some content is stored for a limited time. In particular, lesson recordings and certain media are retained only for the retention period applicable to your plan or settings and are automatically deleted after that period unless retention is extended. Deletion of content in accordance with the applicable retention policy is a normal part of the Service and is not a breach of these Terms.

8. Educational Content and AI-Generated Materials

The educational materials, including vocabulary lists, quizzes, and learning tools, are provided for educational purposes only.

The Service includes features that generate or assess content automatically, including with artificial intelligence ("AI"). AI-generated output (such as generated lessons, translations, summaries, feedback, and assessments) may be inaccurate, incomplete, or unsuitable, and should be reviewed by a teacher or other human before being relied upon. To provide these features, relevant content — which may include lesson text and student responses — is processed by third-party AI providers listed on our Sub-processor list.

Locuto.PRO does not take responsibility for generated learning materials on the platform, regardless of how they were produced, and you are responsible for verifying any content before relying on it for teaching, assessment, or any other purpose.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Locuto.PRO disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, secure, error-free, or that content will be accurate or preserved. This section does not exclude any warranty or right that cannot be excluded under applicable law, including mandatory consumer rights.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Locuto.PRO and its owners, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or related to:

• Your access to or use of, or inability to access or use, the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• The acts, omissions, outages, or failures of any third-party provider described in Section 6; and
• Unauthorized access, use, or alteration of your transmissions or content.

To the maximum extent permitted by applicable law, the total aggregate liability of Locuto.PRO arising out of or related to the Service, under any theory of liability (whether contract, tort including negligence, statute, or otherwise), shall not exceed the total amount actually paid by you for the Service during the three (3) months immediately preceding the event giving rise to the claim. This limit applies in the aggregate to all claims and is not per-claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. If you are a consumer, your mandatory statutory rights are not affected.

11. Force Majeure

Locuto.PRO shall not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control. Such events include, without limitation: acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, power outages, cyberattacks, and the failure, outage, suspension, or discontinuation of third-party providers on which the Service depends, including hosting, AI, speech, payment- processing, storage, and email providers.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Locuto.PRO and its owners from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) the content you submit, upload, or share through the Service; (b) your use of the Service in violation of these Terms or applicable law; and (c) your violation of the rights of any third party.

13. Termination and Account Blocking

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Locuto.PRO reserves the right to block any account that behaves suspiciously or attempts to abuse the service. In such cases, any remaining AI credit balance or subscriptions will be forfeited without refund.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Disputes

These Terms are governed by the laws of Poland, without regard to its conflict-of-law provisions. Subject to any mandatory rights you may have as a consumer to bring proceedings in your country of residence, the courts of Warsaw, Poland shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15. Changes

We reserve the right to modify these Terms for important reasons, such as changes in applicable law, changes in the functionality of the Service, or for technological or security reasons. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

16. Contact Us

The Service is provided and operated by Aliaksandr Kuzmitski, conducting business as ALIAKSANDR KUZMITSKI, registered in the Polish Central Register and Information on Economic Activity (CEIDG), NIP: 5214034200.

If you have any questions, or if you would like to submit a complaint regarding the Service, please contact us at [email protected]. We will review and respond to complaints submitted by consumers within 14 days of receipt.

Consumers in the EU may use the European Online Dispute Resolution (ODR) platform to resolve disputes out of court, available at: http://ec.europa.eu/consumers/odr/.