implly Terms of Service
§ 1. General provisions
- These Terms set out the rules for using the website implly, available at implly.com (the “Service”).
- The service provider and seller is Paweł Kiełtyka, conducting business as Be Agile Paweł Kiełtyka, ul. Zapolskiej 7/37, 43-100 Tychy, Poland, Tax ID (NIP) 6462702113 (EU VAT: PL6462702113), REGON 363948798 (the “Provider”).
- Contact: contact@implly.com.
- The processing of personal data is described in the Privacy Policy at implly.com/privacy.
§ 2. Definitions
- User — a natural person using the Service; Consumer — a User who is a consumer within the meaning of Art. 22¹ of the Polish Civil Code (and an entrepreneur with consumer rights to the extent provided by law).
- Account — a User’s individual profile in the Service.
- Service(s) — services provided electronically, including paid digital services (subscriptions).
- Agreement — the agreement for the provision of Services concluded between the Provider and the User.
§ 3. Type and scope of Services
- The Service enables learning to speak foreign languages through AI-assisted storytelling: generating scenarios, recording spoken responses, transcribing and assessing them, generating reports, flashcards (SRS reviews), pronunciation exercises, and supporting features (e.g. listen-back, translation of words and phrases).
- The audio recording is deleted immediately after it is processed (transcribed); only the processing results necessary to provide the Service are retained.
- AI features are provided using the third-party providers listed in the Privacy Policy.
§ 4. Technical requirements
To use the Service you need: a device with Internet access, an up-to-date web browser with JavaScript and cookies enabled, a working microphone (for recording features), and an active email address.
§ 5. Conclusion of the Agreement and Account
- An Account is created by registering with an email address (sign-in via a magic link / code) and accepting the Terms and the Privacy Policy.
- The Service may be used by persons aged 16 or over. Persons under 16 may use it only with the consent and under the supervision of a parent or legal guardian who is the Account holder. A paid contract may be concluded only by an adult with full legal capacity.
- The Account agreement is concluded for an indefinite period and may be terminated at any time by deleting the Account.
§ 6. Plans, payments and subscriptions
- The Service offers plans: Trial (a free trial period — 7 days / up to 5 sessions, no card required), Lite and Max (paid subscriptions). The scope of each plan is presented in the Service (pricing).
- Prices are given in Polish zloty (PLN) and euro (EUR) as gross prices (including taxes). Where price reductions are shown, we apply the rule of informing about the lowest price from the 30 days preceding the reduction (the Omnibus Directive).
- Payments are handled by Stripe. Subscriptions are billed monthly or annually (as chosen) and renew automatically for the next period unless cancelled.
- The Provider is an active VAT payer; the prices shown are gross and include VAT. Accounting documents (invoices) are issued in accordance with applicable law.
§ 7. Automatic renewal and cancellation
- The subscription renews automatically at the end of each billing period, and the fee is charged in advance for the next period.
- You may cancel at any time in Account settings or in the payment operator’s customer portal. Cancellation stops further renewals; access to paid features remains active until the end of the paid period. There are no lock-in periods or cancellation penalties.
§ 8. Right of withdrawal (Consumer)
- A Consumer may withdraw from the Agreement within 14 days without giving a reason, by submitting a statement (e.g. to contact@implly.com). A model withdrawal form is provided as Annex 1.
- Exception — digital services/content started with consent: because the service is digital and begins immediately, at purchase the Consumer expressly requests that performance begin before the withdrawal period ends and acknowledges that they lose the right of withdrawal once the service is fully performed, and — for a service performed over time — that they will pay for what has been provided up to the moment of withdrawal. The Consumer gives this consent by ticking the relevant statement during checkout and receives confirmation of it on a durable medium (email).
- The Trial period is free — the right of withdrawal concerns paid subscriptions.
§ 9. Complaints and conformity of digital content
- The Provider is obliged to deliver the Service in conformity with the Agreement. The digital content/services provisions of the Consumer Rights Act (Chapter 5b — conformity, updates, remedies) apply.
- Complaints may be submitted to contact@implly.com. We handle complaints within 14 days; failure to respond within that period means the complaint is upheld (for Consumers).
- A complaint should include contact details, a description of the problem, and the request.
§ 10. Out-of-court dispute resolution
- A Consumer may use out-of-court methods of handling complaints and pursuing claims, including: assistance from a district (municipal) consumer ombudsman, the voivodeship Trade Inspection (WIIH), and permanent arbitration courts. Information is available on the website of the Office of Competition and Consumer Protection: uokik.gov.pl.
- Using these methods is voluntary.
Note: the EU ODR platform has been discontinued (it stopped accepting new complaints on 20 March 2025 and was fully closed on 20 July 2025) — therefore these Terms do not link to it.
§ 11. User content
- Content created or submitted by the User (e.g. spoken responses, recordings, scenarios) remains the User’s content; the User grants the Provider a non-exclusive licence to process it solely to provide the Service (e.g. transcription, report generation).
- Providing unlawful content, content infringing third-party rights, or content contrary to good practice is prohibited.
- In accordance with Art. 14 of the Act on Providing Services by Electronic Means and the DSA, upon obtaining credible knowledge of the unlawful nature of content, the Provider may disable access to it.
§ 12. Liability
- The Provider exercises due care in providing the Services. AI-based features are learning aids and may contain inaccuracies; they do not constitute professional advice.
- The Provider’s liability toward a User who is not a Consumer is limited to actual damage, excluding lost profits. The above limitations do not affect Consumer rights under mandatory law and do not exclude liability that cannot be excluded by law.
§ 13. Intellectual property
The Service, its software, trademarks, logos and graphic design are legally protected and are the property of the Provider or its licensors. Using them beyond the scope permitted by law or these Terms requires the Provider’s consent.
§ 14. Contact and content reporting (DSA)
The point of contact within the meaning of the Digital Services Act (DSA) — for Users and authorities — is contact@implly.com. Content that may be unlawful can also be reported at that address; we handle reports without undue delay.
§ 15. Changes to the Terms
- The Provider may amend the Terms for valid reasons (e.g. changes in law, service scope, or technical conditions). We will notify you of changes in advance (email or a notice in the Service).
- The User has the right to terminate the Agreement before the changes take effect. Changes apply to existing agreements with respect for acquired rights.
§ 16. Final provisions
- The governing law is Polish law, provided that this choice does not deprive a Consumer of the protection afforded by mandatory provisions of the law of their habitual residence.
- Disputes with a Consumer are heard by the court having jurisdiction under general rules (the Consumer is not deprived of the court of their place of residence). Disputes with a User who is not a Consumer are heard by the court having jurisdiction over the Provider’s registered seat.
- If any provision of these Terms proves invalid, the remaining provisions remain in force.
Annex 1 — Model withdrawal form
(complete and return this form only if you wish to withdraw from the Agreement)
To: Be Agile Paweł Kiełtyka, ul. Zapolskiej 7/37, 43-100 Tychy, Poland, contact@implly.com
I/We hereby give notice of my/our withdrawal from the agreement for the provision of the following service: ……………………………
- Date of conclusion of the agreement: ……………………………
- Consumer name(s): ……………………………
- Consumer address: ……………………………
- Signature (only if this form is sent on paper): ……………………………
- Date: ……………………………