Terms of Service

Monkey Speaks (es.monkeybrain.pro)

1. Provider and Scope

1.1 These Terms of Service ("Terms") govern the use of the web application Monkey Speaks, available at es.monkeybrain.pro (the "Service"), operated by Delphi Analytics GmbH, Rheinsberger Strasse 76, 10115 Berlin, Germany, registered with the commercial register of the Local Court (Amtsgericht) of Charlottenburg (Berlin) under HRB 238856 B (the "Provider", "we", "us").

1.2 These Terms apply to all users of the Service. Deviating terms of the user do not apply unless we have expressly agreed to them in writing.

1.3 The Service is directed at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Section 13 of the German Civil Code, BGB).

2. The Service

2.1 Monkey Speaks is a web-based application for learning Spanish grammar through structured exercises, spaced repetition, and automated feedback.

2.2 Parts of the Service use artificial intelligence to evaluate user-submitted answers (for example, free-text translations). AI-generated feedback is provided for learning purposes only. We do not warrant that AI-generated evaluations or explanations are free of errors.

2.3 The Service is a learning tool. It does not constitute certified language instruction, and use of the Service does not confer any officially recognized language qualification. References to CEFR levels (A1–B2) within the Service are internal estimates for orientation purposes only.

2.4 We may further develop, modify, or extend the Service at any time, provided that the core functionality owed under any paid subscription is not materially reduced during a paid subscription period. Statutory rights regarding changes to digital products (Sections 327r ff. BGB) remain unaffected.

3. Account and Registration

3.1 Use of the Service requires a user account. Registration is performed via a supported third-party sign-in provider (currently Google). By completing registration, a contract for the use of the Service under these Terms is concluded.

3.2 You must be at least 18 years old to create an account, or at least 16 years old with the consent of a parent or legal guardian.

3.3 You are responsible for keeping your sign-in credentials confidential and for all activity occurring under your account. Notify us without undue delay if you suspect unauthorized use of your account.

3.4 You may only register one account per person. Accounts are personal and non-transferable.

4. Free and Paid Features; Prices and Payment

4.1 Certain features of the Service may be offered free of charge; others require a paid subscription ("Subscription"). The scope of free and paid features, current prices, and billing intervals are displayed within the Service before any purchase.

4.2 All prices include applicable statutory VAT.

4.3 Payments are processed by our payment service provider Stripe. We do not store full payment card details. Payment is due at the start of each billing period.

4.4 If a payment fails and remains unpaid after a reminder with a reasonable grace period, we may suspend access to paid features until payment is received.

5. Subscription Term, Renewal, and Cancellation

5.1 Subscriptions run for the billing period selected at purchase (e.g., one month or one year) and renew automatically for successive periods of the same length unless cancelled before the end of the current period.

5.2 You may cancel your Subscription at any time with effect from the end of the current billing period. Cancellation can be performed within the Service (account settings), via the cancellation button provided on our website, or by notice in text form (e.g., email to ben@delphi-analytics.de).

5.3 The right of both parties to terminate for cause remains unaffected. Cause exists for us in particular if you materially breach these Terms (e.g., Section 7) and fail to cure the breach within a reasonable period after notice, where a notice is reasonably required.

5.4 Upon expiry of a Subscription, your account reverts to the free tier (if offered). Your learning data is retained in accordance with our Privacy Policy unless you delete your account.

6. Right of Withdrawal (Consumers)

6.1 If you are a consumer, you have a statutory right of withdrawal for contracts concluded at a distance. The details are set out in the withdrawal instructions below.

Withdrawal Instructions

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Delphi Analytics GmbH, Rheinsberger Strasse 76, 10115 Berlin, Germany, email: ben@delphi-analytics.de) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form. (Complete and return this form only if you wish to withdraw from the contract.)

• To Delphi Analytics GmbH, Rheinsberger Strasse 76, 10115 Berlin, Germany, email: ben@delphi-analytics.de:
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: Monkey Speaks Subscription
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

6.2 Expiry of the right of withdrawal. For contracts for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires if we have begun performance after you have (i) expressly consented to us beginning performance before the end of the withdrawal period, and (ii) confirmed your knowledge that you thereby lose your right of withdrawal upon the beginning of performance, and (iii) we have provided you with a confirmation of the contract on a durable medium. The corresponding consent is requested during checkout.

7. User Obligations and Prohibited Conduct

7.1 You agree not to:

• (a) access the Service by automated means (bots, scrapers, crawlers) or systematically extract content from the Service;
• (b) circumvent, disable, or interfere with technical limitations, security features, or access controls of the Service;
• (c) reverse engineer, decompile, or disassemble the Service except to the extent permitted by mandatory law;
• (d) resell, sublicense, rent out, or otherwise commercially exploit the Service or its content;
• (e) submit content through free-text inputs that is unlawful, or that infringes the rights of third parties;
• (f) use the Service in a manner that disrupts its operation or imposes an unreasonable load on our infrastructure, including abusive volumes of requests to AI-evaluated exercises.

7.2 In the event of a material breach of Section 7.1, we may, after weighing the interests involved, temporarily suspend or — in serious or repeated cases after prior warning, where reasonable — permanently block the affected account. Statutory rights remain unaffected.

8. License and Intellectual Property

8.1 All content of the Service — including software, exercise content, sentence banks, conjugation data, texts, designs, and logos — is protected by copyright and other intellectual property rights of the Provider or its licensors.

8.2 We grant you a non-exclusive, non-transferable, non-sublicensable right to use the Service for personal, non-commercial purposes for the duration of the contract.

8.3 If you submit free-text content within exercises, you grant us the non-exclusive right to process that content to the extent necessary to operate the Service (including automated evaluation). You warrant that your submissions do not infringe third-party rights.

9. Availability

9.1 We endeavor to keep the Service available continuously, but do not warrant uninterrupted availability. Temporary interruptions may occur, in particular due to maintenance, updates, capacity limits, or disruptions at third-party providers (hosting, payment, AI services) outside our control.

9.2 Where maintenance is foreseeable and significant, we will endeavor to schedule it outside peak usage times.

9.3 Statutory warranty rights for digital products (Sections 327 ff. BGB) remain unaffected.

10. Liability

10.1 We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent we have assumed a guarantee.

10.2 In the case of slight negligence, we are liable only for breaches of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the user regularly relies and may rely, so-called Kardinalpflichten). In such cases, our liability is limited to the damage that is typical for the contract and foreseeable at the time of conclusion of the contract.

10.3 In all other respects, our liability for slight negligence is excluded.

10.4 The above limitations also apply in favor of our legal representatives, employees, and agents.

10.5 Liability for the loss of data is limited to the typical recovery effort that would have arisen if the user had made regular backup copies appropriate to the data, except where the loss was caused by us intentionally or through gross negligence.

11. Changes to These Terms

11.1 We may amend these Terms with effect for the future where this is necessary for valid reasons — in particular changes in the law or case law, changes to the Service, or changes in technical or commercial conditions — and where the amendment is reasonable for the user, taking into account the interests of both parties. An amendment of essential performance obligations (scope of the paid service against price) will not be made via this mechanism.

11.2 We will notify you of amendments in text form (e.g., email or in-app notice) at least six weeks before they take effect. The amendments are deemed approved if you do not object before the effective date, provided we have specifically informed you of the right to object, the deadline, and the consequences of silence in the notification. If you object, each party may terminate the contract with effect from the effective date of the amendments; any prepaid fees for periods after termination will be refunded pro rata.

12. Account Deletion and Contract Termination by the User

12.1 You may delete your account at any time within the Service or by request in text form. Account deletion terminates the usage contract for the free tier with immediate effect. Active Subscriptions end pursuant to Section 5.

12.2 Upon account deletion, your personal data is deleted in accordance with our Privacy Policy, except where statutory retention obligations apply.

13. Final Provisions

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected by this choice of law.

13.2 If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the registered seat of the Provider.

13.3 The European Commission's platform for online dispute resolution has been discontinued. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

13.4 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

13.5 These Terms are provided in English. Where a German version is also provided and discrepancies arise, the German version prevails.