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LanguageBird
Terms and Conditions
Introduction
Overview
Please read these Terms and Conditions (“Terms”, “Terms and Conditions,” or “Terms of Use”) carefully before using our website and any other service (the “Service,” “Services,” “Website,” “Site,” “Platform,” “Program(s)”) operated by LanguageBird® Inc. (“LanguageBird®,” “the School”)
Your access to and use of the Service is conditioned upon acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
The Terms apply to all users of the Website, including those who are simply navigating the Website, or those who register an account. By using or accessing the Website, you agree to be bound by the Terms. If you do not agree to the Terms, do not use the Website or Service.
These Terms include the LanguageBird® Privacy Policy, which is incorporated herein. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service; please close this site and exit the Service immediately.
Eligibility
A customer is eligible to use the Service if they are the age of 18 or older or if they are between the ages of 13 and 17 and comply with Section “Teen User”. Customers are ineligible to use this Service if their membership/subscription/registration has been suspended or administratively withdrawn by LanguageBird® or they are under the age of 13 and written parental/legal guardian consent has not been provided. Should LanguageBird® determine that a customer does not meet the age requirements for using the Service, their registration will be terminated immediately.
Those becoming a Member/Subscriber/Registered User of the Service, represent and warrant that they have the right, authority, and capacity to use the Service and to abide by the Terms of Use. Their membership/subscription/registration with the Service is for your sole personal use. Learners may not authorize others to use or membership/subscription/registration, and you may not assign or otherwise transfer their account to any other person or entity.
Teen User
A Teen User may register to use the Website only if their parent/legal guardian consents to their registration through the Website.
Parent/legal guardian or a Teen User, hereby represent, warrant, understand, agree to, and accept these Terms and any applicable additional Terms in their entirety on behalf of themselves and the Teen User whether or not they use the Website. They further understand and agree to ensure their Teen User’s compliance with these Terms and that they are responsible for any noncompliance by their Teen User.
Communications
Customers creating an Account on our Service, agree to subscribe to newsletters, marketing or promotional materials and other information LanguageBird® may send. However, customers may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email the School sends. Please see LanguageBird’s® Privacy Policy for more information.
Customers providing their phone number to LanguageBird®, expressly consent to receive text messages (including SMS and MMS) from the School, its agents, representatives, programs, promotions, or events. These messages may be sent using an automated system. Customers understand that message and data rates may apply, depending on individual mobile service plans. They are not required to provide consent as a condition of purchasing any goods or services. To opt-out of text messaging at any time, customers may reply with “STOP” to any message received or contact the School directly at support@languagebird.com.
Programs
LanguageBird® offers individuals, schools, school districts, and public and private businesses the opportunity to purchase language programs, with the option of accredited courses for credit. All lessons are 60 minutes, live, and online via Microsoft Teams with an instructor. Lesson times are scheduled consistently from week to week (no rotating schedules), starting on the :00 or :30 mark.
Middle and High School Courses for Credit
As an accredited school, LanguageBird® courses are ideal for learners seeking credit, advanced proficiency, and/or flexibility not available at their schools. Courses for credit include a set number of instructional lessons and may include a set number of mastery lessons.
High School Courses for Credit
The parent/legal guardian and learner recognize it is their responsibility to inform their high school counselor/school official they will be taking a course with LanguageBird® and consent from the school is necessary to have the course counted toward high school graduation credits or placed on the learner’s high school transcript.
Upon request, California high schools may or may not add LanguageBird® courses to their University of California course list. Learners may fill out a dual enrollment form with LanguageBird® to take LanguageBird® courses through a facilitator school connected to LanguageBird® for UC A-G credit.
If coursework does not transfer to a learner’s school of record, the learner can request LanguageBird® send official transcripts directly to colleges or universities at a learner’s request to show the additional courses taken for high school credit. Official transcripts must be requested through LanguageBird’s® website using the designated form and are delivered electronically by the School’s third-party provider, Parchment. Please note that, as with any high school course, it is up to each college or university to decide whether to include the course in the learner’s high school GPA.
Tutoring/Test Prep/Conversational Lessons
These non-credit-bearing lessons are designed to provide supplemental language support outside of LanguageBird® Programs or courses with other institutions. Whether focused on academic tutoring, test preparation (such as AP or fluency exams), or developing practical communication skills for travel, work, or personal growth, these customized lessons are tailored to meet individual learning goals and needs.
Chirp Room® Chat Room
Chirp Room® Chat Rooms provide live, video, moderated, small-group conversation sessions available by subscription to schools, school districts, public and private businesses, and individual learners. Each session is led by an instructor and includes a group of learners at similar levels who are practicing their speaking and listening skills in the same target language. The Chirp Room® Chat Room is not a way to earn credit, and no grades or evaluations are provided.
Payment
Individual Enrollment
An enrollment is purchased with tuition and any applicable fees paid in full prior to the start of the first lesson. Customers will be billed in accordance with their selection and these Terms shall govern any payment.
A valid payment method, including credit card, is required to process the payment for an enrollment. The customer shall provide LanguageBird® with accurate and complete billing information as requested. By submitting such payment information, the customer automatically authorizes LanguageBird® to collect payment.
Facilitation of Payment
All individual enrollment charges, as applicable, shall be facilitated through Stripe third-party payment processing service. In order for the customer to use Stripe, or any other third-party payment processing services, the customer must enter into the Services Agreement (SA) with Stripe or the third-party payment processing service and its sponsoring bank. Stripe’s SA is available at https://stripe.com/legal/consumer. By accepting this Agreement, the customer agrees that they have reviewed and agree to be bound by the terms and conditions of the SA. Please note that LanguageBird® is not a party to the SA and that the customer, Stripe and Stripe’s sponsoring bank, are the three parties to the SA and that the School has no obligations or liability to the customer under the SA.
Schools, School Districts, and Public and Private Businesses
Schools, School Districts, and public and private businesses have the option of entering into an enrollment agreement with LanguageBird® that outlines payment terms. If payment is not received in accordance with the signed service agreement, learners’ lessons may be paused or suspended and ultimately learners may be administratively withdrawn. Options may exist for learners to independently pay remaining tuition balance and any associated fees for their Programs and resume lessons. Interruptions of this nature to learners’ Programs will reduce the amount of time available for Program completion; extensions will not be permitted.
Financial Terms
Expiration of Lessons
From the date tuition is paid, a learner has 180 days to schedule and attend the first lesson. If the learner does not attend the first lesson within the first 180 days, the Program will expire.
Semester courses expire 4 months after the first lesson is held. Full year courses and tutoring/test prep/conversational lessons expire 8 months after the first lesson is held. If a learner has unused lessons at the time of the expiration date, the remaining lessons will be forfeited.
For learners in Achieve or Excel programs, mastery lessons not used by the final instructional lesson will expire.
For Summer programs, all lessons must be completed by August 31 of the calendar year in which the Summer Program is purchased, regardless of the first lesson date. Any unused lessons in Summer Programs not completed by August 31 will expire and be forfeited.
Refunds
Once tuition is paid, no refunds will be issued.
Program Change
Once a Program has been selected and the enrollment has been purchased, it cannot be changed to another program. Upgrades to higher-value Programs may be available upon request before lessons have begun.
Transferability
Lesson credits/hours are not transferable to another person, company, family member, or entity.
Attendance
Attendance
Learners are expected to attend scheduled lessons. For instructional lessons, learners must be present for the full 60 minutes of each lesson.
For learners under the age of 13, a parent/legal guardian or other named adult must be available during each lesson for supervision and support purposes. The parent/legal guardian is not to participate in the live lessons.
Absence/Late Reschedule/Tardy
Learners are expected to notify their instructor in advance of when they will be absent, need to reschedule, or will arrive late or need to leave early for a scheduled lesson.
Absence and Late Reschedule
Full Year and Single Semester Programs contain a set number of instructional lessons, 24 and 12 respectively, that must be completed to be eligible to earn credit for the course. Following the steps outlined in the Learner Orientation, if a learner needs to reschedule a lesson, they should do so 24 hours or more before a scheduled instructional lesson. If a learner reschedules fewer than 24 hours before the instructional lesson or does not show up for the lesson within 15 minutes of the scheduled lesson start time, the learner will be required to pay to makeup the missed instructional lesson. The learner will be charged a Makeup Lesson fee per missed LanguageBird® instructional lesson. Once Makeup Lesson Fees are paid, the makeup lesson(s) will be automatically added to the learner’s account.
It is recommended that Makeup Lesson Fees connected to instructional lesson absences be paid as soon as possible so that makeup lessons can be immediately scheduled. Delay can push back a course end date and affect a learner’s projected completion timeline for the course.
Tutoring, Test Prep, or Conversational Lessons, Mastery Lessons, and Chirp Room© Chat Rooms are not subject to the Makeup Lesson Fee. If a learner is absent from or late to any of these lessons, the lessons will be considered as if they took place, and no makeup lesson will be available.
If an instructor needs to cancel a Middle/High School instructional lesson, mastery lesson, or Tutoring/Test Prep/Conversational lesson, the learner will be assigned an alternate makeup lesson. The instructor will arrange the makeup lesson directly with the learner.
If an instructor needs to be absent from a Chirp Room© Chat Room, another LanguageBird® instructor will serve as the substitute instructor so that the Chirp Room© Chat Room may be held as scheduled.
Tardy
Learners are expected to arrive to their scheduled lessons on time. Instructors will wait for tardy learners for 15 minutes from the starting time of the lesson. If a learner is tardy to a lesson, joining within the first 15 minutes, no additional time will be added to the lesson.
If a learner does not show up for the lesson within 15 minutes after the scheduled starting time of the lesson, the instructor reserves the right to cancel the lesson and note the lesson attendance as “absent”. See Absence and Late Reschedule above for follow-up actions.
If an instructor is late to a lesson, they are obligated to make up that time for the learner at either the end of the current lesson or during a future lesson.
Equipment Failure Affecting Lesson Attendance
LanguageBird® is not responsible for any interruptions to live online lessons due to slowness or failure of learner’s computer hardware, software, Internet connection, or related technology.
In the event live, online lessons are interrupted due to slowness or failure of learner’s computer hardware, software, Internet connection, or related technology, one of the following actions may be taken:
- If the instructor deems the quality of the lesson will not be compromised, the lesson may continue without the learner’s video for the duration of that one lesson. Such lessons will not require a makeup lesson.
- If the instructor deems the lesson quality is insufficient, the lesson will be considered an absence and will either be forfeited or will require a makeup lesson.
If the instructor has an equipment failure and the quality of the lesson is insufficient or they are unable to attend the lesson, the instructor will arrange the makeup lesson directly with the learner.
Academic Policies
LanguageBird® seeks to make the language learning experience as personalized and authentic as possible. To do so, the School sets expectations around the interaction between the learners and those who support them (e.g., parents, legal guardians, tutors, school representatives) and their instructors.
Participation and Conduct
To ensure the learner is set up to begin their selected program, prior to the first lesson, it is the learner’s responsibility to log in to MyLanguageBird and complete the Learner Orientation. If at any time the learner is unable to access MyLanguageBird, Microsoft Class Teams, or any other system or file as directed by the School or its contractors, it is the learner’s responsibility to seek help from LanguageBird’s® Help Center.
Learners are also expected to review and follow the Classroom Expectations. Learners must join lessons from a quiet, distraction-free space with school-appropriate visuals, sounds, and behavior in the background, regardless of the LanguageBird® Program in which they are enrolled. Failure to comply may result in the instructor ending the lesson before the scheduled end. If the lesson was an instructional lesson, a makeup lesson (at an additional cost) will be required to be scheduled. If the lesson was a mastery lesson, tutoring, test prep, or conversational lesson or a Chirp Room® Chat Room session, the lesson will be forfeited.
Learners and those contacts associated with their accounts (e.g., parents, legal guardians, other family members, tutors) are to communicate with respectful and appropriate behavior and language when interacting with LanguageBird® faculty and staff and with other learners. This includes and is not limited to written communication, social media posts, and when in person at LanguageBird® events or during related travel. Inappropriate behavior and/or language may result in disciplinary measures, including suspension or administrative withdrawal from LanguageBird®. When a learner is administratively withdrawn, no refunds will be issued as all tuition owed to LanguageBird® remains due.
LanguageBird® is not responsible for the views, thoughts, and opinions expressed during the Chirp Room® Chat Room session discussion because they belong solely to the instructor and/or learners present and are not representative of LanguageBird® policy or mission. Even though the Chirp Room® Chat Room is moderated by an instructor and is a supervised conversation, there are limits to what the School can control. If someone is egregiously offensive, the School and our moderators retain the right to end the session and to prohibit anyone from joining future sessions.
Placement
For course for credit Programs, the assigned instructor will assess each learner’s level and reserves the right to determine if they should be placed in a different course level or if mastery lessons (at an additional cost) will be required for the learner to proceed at the selected level to master course material and meet course requirements.
Proficiency-Based Learning
LanguageBird® courses follow a proficiency-based learning model aligned with ACTFL standards. Language proficiency develops over time through sustained practice and instruction and may extend across multiple courses and levels of study.
In each course, learners are expected to demonstrate progress toward the course objectives and working proficiency with the course’s targeted language skills. To demonstrate sufficient mastery of the course objectives and earn credit, learners must attain a minimum final grade of D, as assessed by their instructor using LanguageBird’s grading rubrics and proficiency expectations.
Because learners progress at different rates, some students may benefit from additional instruction to strengthen their skills and demonstrate proficiency. If a learner completes a course with a lower grade and plans to continue to the next course level of study, mastery lessons (at an additional cost), may be recommended to reinforce foundational skills and support success in the next course.
Learners may also choose to purchase additional mastery lessons during an enrollment to prepare for the final project presentation, review topics or vocabulary, or fill gaps from prior language instruction in support of increasing their time with using the language and developing in their proficiency.
Homework
Learners will receive homework to be completed after each instructional lesson. If the learners have any questions regarding assignments following the lesson, they may email or send a chat in the Microsoft Class Team to their instructors. Homework for each lesson will be listed in the learner’s course lesson notes which the learner and parent/legal guardian (if applicable) have access to in the shared Microsoft Class Team. Learners are expected to spend 1-3 hours between scheduled instructional lesson times completing homework, reviewing materials, and practicing vocabulary.
Our instructors provide academic support during scheduled live lessons. They are not available to assist with assignments or provide instruction outside of official scheduled lesson times.
Students are always welcome to bring questions, homework, or assignments to their scheduled lessons for support. Additional help is also available through Mastery Lessons or during regular class time.
Feedback and Grades
At any time, learners and parents/legal guardians may access instructor feedback and see students’ grades as applicable per the selected program.
During instructional lessons, instructors give immediate feedback and assess students’ homework, participation, and use of language. Letter grades (A-F) are awarded on the Lesson Notes and Grades (LNG) document for each lesson. Students must complete all instructional lessons, including any required makeup lessons, and fulfill all course requirements, including the final project for a final course grade to be calculated. Instructors then have one week to finalize course grades with those grades then made available to students and their parents/legal guardians (if applicable)
For mastery lessons associated with courses for credit, instructors provide immediate feedback, which learners and parents/legal guardians may view in the Lesson Notes and Grades (LNG) document in the Microsoft Class Team.
For Tutoring, Test Prep, and Conversational Lessons, instructors give immediate feedback and learners and parents/legal guardians can see it in the Lesson Notes document in the Microsoft Class Team. No individual lesson grades and no final Program grades are awarded for these types of programs.
As a part of Chirp Room® Chat Rooms, instructors provide real-time feedback and support in a group setting, which can be drop-in. Feedback is delivered as appropriate for the group, allowing learners to gain immediate insights, clarification, and reinforcement.
Transcripts, Credits. and Enrollment Verifications
Transcripts
Official transcripts displaying completed Middle School and High School courses for credit may be purchased and sent upon request. Transcript requests may be made through the LanguageBird® website after a course for credit Program has been completed. LanguageBird® uses Parchment, a third-party provider, for transcript services, including the sending of official documents electronically to schools and colleges. Fees for transcripts will be set by Parchment and paid directly to Parchment. Parchment’s policies and terms of use apply.
Credits
Credits are awarded only for High School courses for credit with final grades of A-D.
- 12 instructional lessons = 1 semester of high school credit
- 1 semester = 5 credits
- 24 instructional lessons = full year of high school credit
- Full year = 10 credits
Enrollment Verifications
Enrollment verifications may be provided upon request, with requests submitted via the LanguageBird® Help Center.
Data
Data Collection, Use, and Protection
In providing the Services, LanguageBird® collects, manages, maintains, stores, and uses the types and categories of data detailed in the School’s Privacy Policy (“Data”) from the persons, groups, and/or organizations identified therein. The School acknowledges that: (1) it is responsible for obtaining all necessary consents and authorizations required for the School to collect, process, store, and use Data as described in the School’s Privacy Policy and these Terms; and (2) Data will not be used for any purpose other than providing, operating, maintaining, or improving the Services, or as otherwise permitted under these Terms or required by applicable law.
Data Incidents
LanguageBird® shall implement and maintain reasonable administrative, technical, and physical safeguards for avoiding unauthorized and/or unlawful disclosure of, access to, or use of Data (“Data Incidents”). In the event of a Data Incident involving Data, and to the extent required by applicable law, the School will: (1) without unreasonable delay after becoming aware of the Data Incident notify relevant parties by telephone, e-mail, or by other real-time communication such as Teams or Zoom, and (2) provide reasonable cooperation to relevant parties and law enforcement agencies, where applicable, in investigating, mitigating, and resolving the Data Incident. This Section does not limit relevant parties’ other rights or remedies, if any, resulting from a Data Incident.
Deletion/Destruction
LanguageBird® and its contractors may erase Data in accordance with their standard data-retention practices unless otherwise required by law or agreed to in writing with the School. In erasing Data, the School shall make reasonable efforts to leave no Data readable, decipherable, or recoverable on its computers or other media or those of its contractors, using commercially reasonable methods. If relevant parties inform the School that any Data is subject to “e-discovery” or otherwise relevant to potential litigation and relevant parties agree to pay for the cost of Data Storage, Data migration or Data downloading, the School will cooperate to preserve such Data.
System Security and Availability
LanguageBird® shall take commercially reasonable precautions consistent with a business of similar size and nature to maintain system availability and to protect its systems from harmful code, viruses, or malicious software.
Content & Intellectual Property
Content
The Service allows learners to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Learners are responsible for the Content that they post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, learners represent and warrant that: (i) the Content is theirs (they own it) and/or they have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. LanguageBird® reserves the right to terminate the account of anyone found to be infringing on a copyright.
Learners retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. LanguageBird® takes no responsibility and assumes no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service learners grant the School free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, promote, publish, and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of such Content on and through the Service. Learners agree that this license includes the right for LanguageBird® to make their Content available to other users of the Service, who may also use their Content subject to these Terms.
Should customers provide LanguageBird® with information including but not limited to feedback, survey data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and the School assumes no obligation to protect such information from disclosure. The submission of such information to LanguageBird® shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the School for any purpose whatsoever and by such submission customers (i) grant to the School the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that they own or otherwise control all of the rights to the information and that public posting and use of the information by LanguageBird® will not infringe or violate the rights of any third party.
LanguageBird® has the right but not the obligation to monitor and edit all Content provided by users.
IN ADDITION, CONTENT FOUND ON OR THROUGH THIS SERVICE ARE THE PROPERTY OF LANGUAGEBIRD® OR USED WITH PERMISSION. YOU MAY NOT DISTRIBUTE, MODIFY, TRANSMIT, REUSE, DOWNLOAD, REPOST, COPY, OR USE SAID CONTENT, WHETHER IN WHOLE OR IN PART, FOR COMMERCIAL PURPOSES OR FOR PERSONAL GAIN, WITHOUT EXPRESS ADVANCE WRITTEN PERMISSION FROM US. PLEASE SEE THE SECTION ENTITLED INTELLECTUAL PROPERTY FOR MORE INFORMATION.
LanguageBird® uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
Confidentiality
LanguageBird® maintains strict confidentiality of records, notes, and client information and will only disclose confidential information with the express written consent of the learner or their parent/legal guardian (if applicable). Please see our Privacy Policy for more information.
Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of LanguageBird® and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as stated herein, none of the contents of the Website, trademarks and trade dress may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written consent of LanguageBird®.
Lessons will be recorded and used by LanguageBird® for training and evaluation purposes. Lesson recordings will not be made public without consent from a learner over the age of 18 or a parent/legal guardian if the learner is under the age of 18.
Copyright Policy
LanguageBird® respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights.
If customers believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: their physical or electronic signature; identification of the copyrighted work(s) that they claim to have been infringed; identification of the material on our Services that they claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; their address, telephone number, and e-mail address; a statement that they have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that they are either the owner of the copyright that has allegedly been infringed or that they are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Please reach out to our designated Copyright Agent for LanguageBird® at support@LanguageBird.com.
Third-Party & External Services
Third Party Service Providers
LanguageBird® may use third party service providers at its discretion. All information collected by third parties is governed by their various Terms of Service and Privacy Policy. The School has no control over and cannot be responsible for third party service providers.
Links To Other Web Sites
The Service may contain links to third-party websites or services that are not owned or controlled by LanguageBird®.
The School has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. LanguageBird® does not warrant the offerings of any of these entities/individuals or their websites.
Users acknowledge and agree that LanguageBird® 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 use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
The School strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that users visit.
Risk & Liability
No Guarantees
Though LangaugeBird® strives to keep the information available on the Website current and accurate, errors can and do occur. The School provides the information on the Website with no representations or guarantees of accuracy, completeness, or timeliness. The School will not be liable to you or any other person for any damages that result from the use or inability to use the Website, or as a result of any content, information, services, or resources made available through the Website.
Assumption of Risk
Customers assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline.
Release
If users have a dispute with one or more of the other users of the Website, they release LanguageBird® (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to users.
Liability and Indemnification
LanguageBird® and its employees, representatives, owners, or contractors will not be held liable for any misinformation given or mistakes made by instructors, translators, contractors, employees, or anyone else in/during any piece of LanguageBird’s® instructional Services.
Learner assumes full responsibility and liability for any consequences of their use or misuse of any foreign language elements (vocabulary, grammar etc.) and any information at all provided through LanguageBird’s® employees, representatives, owners, or contractors.
The views and opinions expressed by instructors contracting through LanguageBird® are solely their own and in no way represent the School’s views or opinions.
By using LanguageBird’s® Services, users hereby AGREE TO INDEMNIFY AND HOLD HARMLESS LanguageBird®, its employees, representatives, owners and contractors from any loss, liability, damage, or costs, including court costs and attorneys’ fees that user may incur due to their participation in LanguageBird® lessons and usage of language information from the School’s employees, representatives, owners or contractors used outside of lessons in any context at all, WHETHER CAUSED BY NEGLIGENCE OF LanguageBird® employees, representatives, owners or contractors or otherwise, to the fullest extent allowed by law and from any claim or demand made by any third party due to or arising out of (i) their use of the Services, (ii) their User Content, or (iii) their violation of this Agreement. The School reserves the right, at user’s expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify us, and they agree to cooperate with our defense of these claims. Customers agree not to settle any matter without the prior written consent of the School. LanguageBird® will use reasonable efforts to notify customers/users of any such claim, action or proceeding upon becoming aware of it.
It is the user’s express intent that this agreement shall bind the members of their family and spouse, if user is alive, and their heirs, assigns and personal representative, if user is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE LanguageBird® or its employees, representatives, owners or contractors.
Learners under 18 who are enrolled in LanguageBird® Services are under the consent and supervision of a parent/legal guardian.
Governing Law & Enforcement
Applicable Law and Enforcement
This Website is controlled by LanguageBird® from within the State of California, United States of America. LanguageBird® makes no representation that the material on this Website is appropriate or available for use in other locations. Any claim relating to the material on this Website will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. Your use of this Website does not subject the School to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void, or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Forum Selection
Users agree that the laws of the State of California govern this agreement and any claim or dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless the user and we agree otherwise, the user agrees that any Disputes or claims that they may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and they agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Administrative Provisions
Changes
LanguageBird® reserves the right, at the School’s sole discretion, to modify or replace these Terms at any time. If a revision is material, the School will provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at LanguageBird’s® sole discretion.
By continuing to access or use the Service after any revisions become effective, customers agree to be bound by the revised Terms. If they do not agree to the new Terms, they are no longer authorized to use the Service.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while customers use the Services. LanguageBird® may (a) suspend their rights to use the Services (including any LanguageBird® Account) or (b) terminate this Agreement, at any time for any reason at the School’s sole discretion, including for any use of the Services in violation of this Agreement or if the School believes learners are younger than age 13 and written parental/legal guardian consent has not been provided. Upon termination of this Agreement, the LanguageBird® Account and right to access and use the Services will terminate immediately. LanguageBird® will not have any liability whatsoever to the customer for any termination of this Agreement, including for termination of your LanguageBird® Account or deletion of your User Content.
Entire Agreement
This Agreement (which includes the Privacy Policy and any other rules posted on the Website) constitutes the entire agreement between the user and LanguageBird® regarding the use of the Services. The School’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and customer rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the customer without LanguageBird’s® prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Last updated: April, 2026
