Terms and Conditions

Terms

Terms and Conditions

Updated: February 14, 2025

GENERAL

These terms and conditions apply to anyone using services described in thebrenly.com (hereinafter: “The Brenly”). The Brenly is a service owned and operated by The Brenly, United States of America. The Brenly service users under the age of 18 must obtain written permission from a parent or legal guardian. The parent/guardian will be held responsible for any outstanding payments acquired by the minor as well as any inappropriate actions towards the teacher.

PROVISION OF THE SERVICE

Each class is private (one teacher and one student per class) or a small group (one teacher and 2-8 students per class) and lasts 45 minutes (according to the class type purchased or selected.) The provision of the service is subject to availability of class schedules and times. By accessing or using our self-paced eCourse platform, the user agrees to comply with and be bound by these Terms and Conditions. Please review them carefully as the user proceeds with their learning experience. The Brenly reserves the right to modify, without previously notifying the customer, its Terms and Conditions

TRIAL CLASS.

The online English trial class will be offered only to users who are using The Brenly for the first time. The class trial is 45 minutes long. After taking the class trial, the user can decide, without commitment or obligation of making a purchase, if he/she will proceed with purchasing online services according to the Terms and Conditions detailed in this Agreement.

PRIVACY AND SECURITY.

The Brenly will not provide customers’ information to third parties, unless it is legally required by the appropriate legal authorities. Users may occasionally be contacted by The Brenly with questions about overall product quality and service as well as promotions. The user may select not to be contacted.

PRICING, PAYMENTS, AND CANCELLATIONS

Prices exclude any additional charges such as taxes, interests or rates charged by the customer’s credit card company or bank, as well as any rates associated to connecting to the Internet. The user must purchase a minimum of of one Plan. All subsequent purchases must be made in a class package or class subscription plan. The purchase can be made up to 24 hours prior to the class. The Brenly reserves the right to delay or cancel the class until a payment is made. Each monthly subscription class credits must be used within the month (of the account’s billing cycle) and will not be rolled over. Each class package credits must be used within one year of the purchase date. Each eCourse subscription will be automatically debited based on the plan you selected: monthly, annually, or life time.

All cancellations or modifications to class schedule made by the user (student) must be made with a minimum notice of 24 hours prior to the schedule class (start time). Otherwise, the class will be counted as taken by the user. Cancellations must be made through the platform provided exclusively for this purpose; cancellations of classes made through other means will not be considered valid. Classes that are scheduled on local holidays will not be cancelled automatically.

The user is responsible for providing a working internet connection and The Brenly will not be responsible for internet disruptions or other technical inconveniences related to the user’s internet connection. All purchases are non-refundable. If the student wishes to cancel or suspend his/her untaken classes (totally or partially) he/she cannot resume these classes as the account will be inactive status.

In cases in which a class cannot be given by the teacher, the Service may assign this class to a substitute teacher or rescheduled. Said substitution will not be accepted as sufficient reason by the student to cancel this class in a period less than the 24 hours required in all other cases.

COPYRIGHT, ACCESS, INTERFERENCES.

All of the contents, materials and recordings provided by The Brenly to the students (before and during the classes are the exclusive property of The Brenly and are protected by international copyright and intellectual property laws. Students must use contents and materials for private use exclusively and are not allowed to:

– Reproduce, publish, share, distribute or translate these materials without a consent of The Brenly.

– Copy, access, monitor, or collect these contents and materials without consent of The Brenly.

PHOTOGRAPHY AND VIDEO PERMISSION, NAME, AND LIKENESS RELEASE.

All of The Brenly’s online lessons with a student, whether in a group or one-on-one setting, may be video and audio recorded for quality and safety assurances. The Brenly may also photograph and/or take “screenshots” of students, and their families, participating in the Program. Such photographs and/or videos may be shared with other families enrolled in The Brenly in a variety of ways: on the The Brenly website, on a The Brenly newsletter, on emails to other students enrolled in The Brenly and/or their families, on any social media platform owned and/or maintained by The Brenly, its affiliates, successors, and assigns, among others. Any such photographs, images, audio and/or video recordings of my child (“Materials”) may be used to better communicate with students and families enrolled in The Brenly, to illustrate the curriculum of any The Brenly programs or to document other activities. These Materials may also be used for general marketing purposes of The Brenly, its affiliates, successors, and assigns.

The Brenly retains all rights, title and interest in the Materials and may use and disseminate them, at its sole discretion, in a variety of ways, without any notice to you and/or Student.

I hereby give permission for The Brenly, its affiliates, successors and assigns to take and record photographs, images, audio and/or videos of my child (“Materials”) and to use such Materials as described above.
I hereby irrevocably grant to The Brenly, its affiliates, successors and assigns, the right to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium now known or later discovered, the Materials. I understand and agree that the Materials may be used without identifying me and/or my child as their subject.
I release and discharge The Brenly, its agents, representatives, and assignees from any claim or cause of action, now known or later discovered, for, among other things, invasion of privacy and right of publicity.

TAXES AND SHIPPING AND HANDLING.

Stated prices for subscription and other products do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. Please also note that shipping and handling fees currently apply to all shipments outside the contiguous united States.

DATA TRANSFERS.

As stated in our Privacy Policy, we may transfer your billing information to our third-party payment processors, other service providers, and certain trusted third parties.

MISCELLANEOUS.

These Terms shall be governed by and interpreted in accordance with the laws of United States of America and shall be subject to the jurisdiction of the courts of this country. If any clause or part of this Agreement is considered invalid by any court or arbitrator, that does not mean that the whole Agreement will be judged invalid. By making a purchase, you are declaring that you have a complete understanding and acceptance of the terms and conditions of the Agreement of The Brenly. If you have any questions and/or concerns about this Agreement or any of the policies and general practices of The Brenly, please contact us at contact@thebrenly.com.