Yo!’s terms of use

THE YOSER AGREEMENT

Last updated: January 8, 2025.

Welcome to Yo! Inglês! We connect individuals from Brazil who want to learn a language (“Yosers,” “you,” or “your”) with a professional with proficiency in the English language, whether or not a native speaker, who can help them learn (“Tutors”) for real-time video chat language tutoring sessions (“Tutoring Services”). This Yoser Agreement (the “Agreement”) rules your access to and use of Yo! Inglês’ websites and applications, including www.yoingles.com (the “Sites”) and Yo! Zone (the “Software,” and together with Sites, the “Platform”). The Platform is altogether made available by Yo! Edtech LLC (“YO! INGLÊS,” “we,” “us,” or “our”), in accordance with the terms and conditions provided in this Agreement. The term "Users" refers to anyone accessing or using the Platform.

If you created an account on the Platform before the date above, this Agreement is effective thirty (30) days after the date above. For everyone else, this Agreement is effective as of the date above.

Please note: Section 21 requires, with limited exception, that you give up your right to file a lawsuit in court and have your claims heard by a jury.
Please review this Agreement in its entirety. By accessing the Platform or registering for a Yoser Account, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including, as applicable, the court or jury trial waiver and the Session recording provisions, and that you are binding you, your heirs, assigns, and successors to this Agreement. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that organization or entity).
If you do not agree to all the terms and conditions of this Agreement, you may not access or use the Platform.

1. ELIGIBILITY

You may use the Platform only if you can form a binding contract with YO! INGLÊS, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

As a Yoser, you represent that you are over the age of eighteen (18) years old in the United States, in Brazil, and in other jurisdictions (the “Minimum Age”). If you are a Yoser over the Minimum Age but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided YO! INGLÊS veriﬁable consent and agreed to this Agreement.

If YO! INGLÊS has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.

2. ADDITIONAL TERMS AND GUIDELINES

Guidelines. When using the Platform, you may be subject to any additional posted guidelines or rules applicable to speciﬁc services, offers, and features (the “Guidelines”). All such Guidelines are incorporated by reference to this Agreement and are available on the Platform.

3. DATA PRIVACY

Privacy Policy. YO! INGLÊS’ Privacy Policy is incorporated into this Agreement. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

4. MODIFICATIONS

YO! INGLÊS may make modiﬁcations to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such Changes will be effective for existing Yosers after YO! INGLÊS provides notice of the Changes, either through the Platform's Yoser interface or sent to the email address associated with your Yoser Account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, YO! INGLÊS may terminate this Agreement and your use of the Platform.

5. ACCOUNT REGISTRATION AND USE

Yoser Registration. The Platform allows Yosers to request and engage in a video chat session with a Tutor for purposes of learning and practicing conversation skills in the language of a Yoser’s choice (a “Session”). To access a Session in our Tutoring Services, you must register and create an account through the Platform (the “Yoser Account”). Registration may require you to: (i) create a unique username and password, (i) provide an email address, and (iii) provide a cell phone number. Note that YO! INGLÊS does not have access to your payment card information, as we use PagBrasil, as the third-party payment processor to receive and process payments.

Registration Accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept conﬁdential, accurate, and up-to-date at all times.

Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the conﬁdentiality of your Yoser Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Yoser Account. If you have reason to believe that your Yoser Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Yoser Account ID or password), you will immediately notify YO! INGLÊS. You may be liable for the losses incurred by YO! INGLÊS or others due to any unauthorized use of your Yoser Account.

Personal Use. Except as provided herein, YO! INGLÊS accounts may only be used by the Yoser who registered for that account. Tickets purchased by a Yoser may only be used by that Yoser in that Yoser’s Yoser Account.

You agree not to share your access email address and password or otherwise permit any other person to access or use your YO! INGLÊS account.

6. YO! INGLÊS IS A MARKETPLACE PROVIDER

You understand that YO! INGLÊS is not a Tutoring Services provider. YO! INGLÊS provides only an online marketplace where Yosers and Tutors connect.

Tutors are Independent Contractors. You acknowledge that Tutors are independent contractors operating an independent business enterprise who use the Platform to offer and provide Tutoring Services to Yosers.

YO! INGLÊS is not an employer of, or joint employer or integrated or single enterprise with any Tutor. You acknowledge and agree that YO! INGLÊS has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing, or location of any work or services performed by Tutor, including any work or services that any individual afﬁliated with the Tutor may provide, either as an employee, independent contractor, or otherwise. Yoser further represents, acknowledges, and warrants that throughout the term of this Agreement, it shall at all times treat Tutor as an independent contractor and that Yoser will take no action that is inconsistent with such classiﬁcation. YO! INGLÊS is under no obligation to ensure any Session is completed to Yoser’s satisfaction.

Tutors Provide Resources. You understand that, except as otherwise speciﬁcally agreed between Yoser and Tutor, Tutor will provide all equipment, tools, resources, and labor that he or she needs to perform the Tutoring Services agreed upon with Yoser and that YO! INGLÊS will provide no equipment, tools, resources, or labor that may be needed to perform the Tutoring Services under this Agreement. YO! INGLÊS will, however, at its discretion, provide both Yoser and Tutor with access to the Platform to facilitate access to available, optional support resources and materials.

7. RULES AND PROHIBITIONS

You may not:

7.1 access or use the Platform for any purpose that is unlawful or prohibited by this Agreement;

7.2 use the Platform in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform;

7.3 intentionally interfere with or damage the operation of the Platform, or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform;

7.4 attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems, or networks connected to the Platform, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;

7.5 obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;

7.6 use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform;

7.7 utilize any trademark, logo, or other YO! INGLÊS materials without our express written consent, including through framing techniques or in meta tags of “hidden text;”

7.8 modify the Platform in any manner or form, or use modiﬁed versions of the Platform, including (without limitation) for obtaining unauthorized access to the Platform;

7.9 create more than one account for personal use, use another person’s account with or without authorization, impersonate any person or entity; or forge or manipulate headers or identiﬁers to disguise the origin of any content transmitted through the Platform;

7.10 in any way violate any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;

7.11 spam anyone;

7.12 post advertisements or conduct any commercial solicitation purposes without YO! INGLÊS’ written permission;

7.13 engage in conduct or post content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, humiliating to other people (publicly or otherwise), or otherwise violates any law or right of YO! INGLÊS or any third party;

7.14 share other people's private or personally identiﬁable information without their express authorization and permission; or

7.15 attempt to indirectly undertake any of the foregoing.

As a Yoser, you further agree to only engage in Sessions for the sole purpose of learning or practicing your language skills.

8. SAFETY AND TRUST

YO! INGLÊS strives to promote a safe and inclusive learning environment but has limited control over how Yosers and Tutors may interact with one another. You acknowledge that YO! INGLÊS makes no representations or warranties about Yosers or Tutors, their use of the Platform, or their background, training, or behavior. Please contact YO! INGLÊS’ support team via [email protected] if you have concerns in that regard.

9. LICENSE TO USE THE PLATFORM

Subject to your compliance with the terms of this Agreement, YO! INGLÊS grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable license to access and use the Platform as it is provided to you by YO! INGLÊS solely for your personal, noncommercial use and only in connection with your access to and participation in the Platform and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those speciﬁed in the YO! INGLÊS Privacy Policy. YO! INGLÊS may revoke this license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein is provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by YO! INGLÊS or its licensors, except for the licenses and rights expressly granted in this Agreement.

10. YOSER CONTENT

We may allow you to submit, post, upload, publish, transfer, link, display, or otherwise make available (hereinafter, "post") information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform ("Yoser Content") that may or may not be viewable by others.

You retain ownership of all intellectual property rights you have in the Yoser Content you post on the Platform. By posting Yoser Content on or through the Platform, you grant YO! INGLÊS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such Yoser Content in any format or medium now known or developed in the future for YO! INGLÊS’ business purposes or as required by law or legal process. In the interest of clarity, the license granted to YO! INGLÊS will survive termination of the Platform or your Yoser Account. You represent, warrant, and agree that you have the necessary rights to grant us the license described in this section for any Yoser Content that you post. You agree that this license includes the right for other Users with permitted access to your Yoser Content (e.g. Tutors or Yosers) to use your Yoser Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.

You will be solely responsible for your own Yoser Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Yoser Content. You understand that YO! INGLÊS does not control and is not responsible for Yoser Content, and that by using the Platform, you may be exposed to content from other Users (e.g. Tutors or Yosers) that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please contact YO! INGLÊS’ support team via [email protected]. Please also note that Yoser Content may contain typographical or other inadvertent errors or inaccuracies.

YO! INGLÊS reserves the right in its sole discretion to remove or disable access to any Yoser Content from the Platform, suspend or terminate your Yoser Account at any time, or pursue any other remedy or relief available under equity or law if you post any Yoser Content that violates this Agreement or we consider to be objectionable for any reason. You agree that YO! INGLÊS reserves the right to monitor Yoser Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your Yoser Content and ensure that your Yoser Content is accurate and consistent with your representations and warranties in this Agreement.

YO! INGLÊS reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Yoser support requests, or (v) protect the rights, property or safety of YO! INGLÊS, its Users, and the public.

11. OWNERSHIP AND PROPRIETARY RIGHTS

The Platform is owned and operated by YO! INGLÊS. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“YO! INGLÊS Materials”) may be protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All YO! INGLÊS Materials are the property of YO! INGLÊS or its subsidiaries or afﬁliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to YO! INGLÊS or its afﬁliates and/or third-party licensors. Except as expressly authorized by YO! INGLÊS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the YO! INGLÊS Materials.

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of conﬁdentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against YO! INGLÊS and its Users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Yoser Account or the Platform.

12. SESSIONS

Hardware and Software. Engaging in a Session requires compatible hardware and may require the download and installation of speciﬁed software. You are solely responsible for acquiring and installing any such hardware and software and determining compatibility with your system. You hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Platform, generally.

Restrictions on Use. You agree to only engage in Sessions for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.

Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) YO! INGLÊS copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Tutor evaluation, Tutor training, dispute resolution, and improving the Platform; (iii) such recordings being made available to the other party to the Session, including the Tutor; (iv) such recordings being made available for you to review; and (v) such recordings being used or disclosed by YO! INGLÊS to the extent required by law or legal process or to the extent YO! INGLÊS deems necessary for purposes of enforcing or protecting its rights or the rights of a third party, and (vi) as you otherwise agree.

You hereby waive any rights of publicity, privacy, or other rights under applicable law to the extent such rights could be used to prevent YO! INGLÊS from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to YO! INGLÊS to copy, modify, distribute, and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.

You agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any Session, except as allowed by this Agreement. To the extent recordings are made available to you by YO! INGLÊS, you agree to use them solely for your personal use and not for further distribution or publication.

13. TUTOR AVAILABILITY AND TUTOR QUALITY

Tutor Availability. Sessions are subject to Tutor availability and YO! INGLÊS does not guarantee that any particular (or any) Tutor will be available at any given time.

Tutor Quality. You acknowledge that YO! INGLÊS has no duty to verify any stated credentials, experience, or qualiﬁcations of any Tutor, and that YO! INGLÊS does not conduct any screening of Tutors other than as expressly set forth in this Section. For the avoidance of any doubt, YO! INGLÊS assesses Tutors’ speaking skills and language proficiency via a thorough recruitment process in order to provide facilitation of the English learning journey to all Yosers through English conversation sessions provided HOWEVER that YO! INGLÊS provides no guarantee regarding the quality and skills of any Tutor. If you wish to submit a complaint regarding any Tutor, please contact YO! INGLÊS at [email protected]. Yosers are responsible for their communications or other interactions with other Users on or through the Platform. YO! INGLÊS reserves the right, but has no obligation, to monitor disagreements between Users, including between Yosers and Tutors.

14. PAYMENT ON THE PLATFORM

Payment. Yosers pay for Tutoring Services through a payment plan as described below. Yosers are allowed to purchase tickets that are used for booking sessions (a “Ticket”). Each Ticket corresponds to one 25-minute session. Payment will be processed through PagBrasil, our third-party payment processing system. All terms and conditions applicable to the processing of your payment are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due other than taxes based on YO! INGLÊS’ net income. You also agree to pay YO! INGLÊS any costs and expenses incurred by YO! INGLÊS, including reasonable attorney’s fees, in recovering any fees due hereunder.

Recurring Payment Plan. We may provide Yosers with an option to sign up for a payment plan in which a designated amount will be charged to a Yoser Account on a monthly (or as otherwise designated) basis (a “Recurring Payment Plan”). By signing up for a Recurring Payment Plan and providing PagBrasil with your payment information, you are signing up for an auto-renewing subscription requiring recurring payments. You agree to pay the amount designated for your particular Recurring Payment Plan on a renewing basis. If you sign up for a Recurring Payment Plan, you will be charged the ﬁrst recurring payment on the subscription date for the Recurring Payment Plan, and you will then be charged on a recurring basis until you cancel the Recurring Payment Plan or we terminate it. Your account will include information on the payment date for your Recurring Payment Plan. In some cases, your payment date may change, for example if your payment method has not successfully settled or if your Recurring Payment Plan began on a day not contained in a given month. If a payment is not successfully settled due to expiration, insufﬁcient funds, or otherwise, and you do not cancel your Yoser Account, we may suspend your access to the Platform until we have successfully charged a valid payment method.

Under a Recurring Payment Plan, you will receive a fixed number of Tickets on the same frequency as the recurring charges. The Tickets will be credited to your account once each payment is successfully settled. In the event a payment is not successfully settled, such as due to expiration, insufficient funds, or otherwise, Tickets will not be provided, and we may suspend your access to the Platform until a valid payment method is charged.

In addition to the Tickets provided recurringly under the Recurring Payment Plan, Yosers may purchase single Tickets at any time under the same purchasing conditions as those of the On-Demand Payment Plan. These single Ticket purchases are processed separately and are not tied to the recurring subscription charges.

You may cancel a Recurring Payment Plan at any time in your account settings. You must cancel a Recurring Payment Plan before it renews to avoid billing of the next installment under your particular Recurring Payment Plan.

On-demand Payment Plan. We may provide Yosers with the option to opt for a flexible purchasing arrangement in which there are no recurring payments or subscriptions (an "On-demand Payment Plan"). Under this modality, you have the freedom to purchase Tickets for individual Sessions at a frequency you determine. You will only be charged for the specific purchases you make, according to the number of Tickets chosen.

By opting for an On-demand Payment Plan, you are not committing to any ongoing payment obligations. Each transaction will require you to select the number of Tickets you wish to purchase, confirm your order, and provide payment details to PagBrasil at the time of checkout. Once the payment is successfully settled, the corresponding Tickets will be credited to your account and available for use.

Ticket Rules. Please note that Tickets purchased under any payment plan may be subject to specific terms, including expiration dates, usage policies, and discounts as outlined during the purchase process. Be sure to review these details before completing your transaction.

No Refunds. Purchased Tickets are non-refundable, and a Ticket used for a Session is non-creditable. If you have been mistakenly charged for Tickets you did not purchase, you may request a refund. Refund requests will be evaluated by the third-party payment system or YO! INGLÊS. If you feel you have been charged in error, please contact YO! INGLÊS at [email protected]. A refund request must be received by YO! INGLÊS within thirty (30) days of the charge in order to be considered.

15. MODIFICATIONS AND TERMINATION

Platform. YO! INGLÊS may make changes to or discontinue any of the media, products or services available within the Platform at any time, and without notice. The media, products or services on the Platform may be out of date, and YO! INGLÊS makes no commitment to update these materials on the Platform. We may modify the Platform or terminate access to the Platform without prior notice, and you agree that YO! INGLÊS shall not be liable to you or any third party for any such termination.

Account. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your Yoser Account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Yoser Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform, or receive assistance from YO! INGLÊS support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Yoser Account has been terminated, blocked, suspended, deactivated, or canceled and why this action has been taken. You may cancel your use of the Platform and/or terminate your Yoser Account by simply electing out at your dashboard. Please note that if your Yoser Account is canceled, we do not have an obligation to delete or return to you any Yoser Content you have posted to the Platform unless otherwise required under applicable law.

16. DMCA NOTICE

It is YO! INGLÊS’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify YO! INGLÊS’ copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

16.1 An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Identiﬁcation of the copyrighted work that you claim has been infringed.

16.2 Identiﬁcation of the material that is claimed to be infringing and where it is located on the Platform. Information reasonably sufﬁcient to permit YO! INGLÊS to contact you, such as your address, telephone number, and email address.

16.3 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

16.4 A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Yo! Edtech LLC

Agent: Thiago de Menezes Souza

2032 Tally Road, Suite 4

Leesburg, FL 34748, USA

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.

Please note that this procedure is exclusively for notifying YO! INGLÊS and its afﬁliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with YO! INGLÊS’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, YO! INGLÊS has adopted a policy of, in appropriate circumstances and at YO! INGLÊS’ sole discretion, terminating the account or access of Users who are deemed to be infringers or repeat infringers.

17. THIRD-PARTY LINKS AND RESOURCES

The Platform may contain information and content provided by third parties and may contain links to third-party websites, as well as other resources that are not owned or controlled by YO! INGLÊS. YO! INGLÊS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by YO! INGLÊS, and YO! INGLÊS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and YO! INGLÊS’ Privacy Policy do not apply to your use of such links. You expressly relieve YO! INGLÊS from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that YO! INGLÊS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

18. DISCLAIMERS; NO WARRANTIES

The Platform and any third party, media, software, services, or applications made available in conjunction with or through the Platform are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, YO! INGLÊS and its suppliers, licensors, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

YO! INGLÊS and its suppliers, licensors, and partners do not warrant that the features contained in the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform, Site, Software, or the servers that make them available are free of viruses or other harmful components.

YO! INGLÊS and its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Platform in terms of correctness, accuracy, reliability, or otherwise. You (and not YO! INGLÊS nor its suppliers, licensors, or partners) assume the entire cost of any necessary servicing, repair, or correction. You understand and agree that you download or otherwise obtain media, material, or other data through the use of the Platform at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such material or data.

Certain state laws or countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

19. LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, shall YO! INGLÊS or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use of or the inability to use the YO! INGLÊS materials on the Platform or the Platform itself, or any other interactions with YO! INGLÊS, even if YO! INGLÊS or a YO! INGLÊS’ authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, YO! INGLÊS’ liability will be limited to the extent permitted by law.

In no event shall YO! INGLÊS’ or its affiliates, contractors, employees, agents, or third-party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Platform (whether in contract, tort, warranty, or otherwise) exceed the greater of: (a) the total amounts you have paid to YO! INGLÊS hereunder during the six (6) months preceding the date of the claim and (b) fifty (50) U.S. dollars.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than YO! INGLÊS and received by you through or advertised on the Platform or received by you through any links provided on the Platform.

20. INDEMNIFICATION

You agree to indemnify and hold YO! INGLÊS, and its afﬁliated companies, and its suppliers, licensors, and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement.

YO! INGLÊS reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

21. COURT OR JURY TRIAL WAIVER

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Court or Jury Trial Waiver. Each party irrevocably waives, to the fullest extent permitted by law, any right to have a court or jury trial participate in resolving any and all claims arising out of, in connection with, related to, or incidental to the relationship between them established by this Agreement, subject to restrictions and prohibitions in applicable law.

Claims include all disputes, claims, or controversies, whether based on past, present, or future events, that you or YO! INGLÊS may have against the other or against any of their officers, directors, employees, subcontractors, or agents in their capacity as such or otherwise; direct or indirect parents and subsidiaries; and affiliates, agents, successors or assigns (each, a "Covered Party"), arising out of or relating to this Agreement, the Platform or relating to the acceptance or performance of services arranged through the Platform, the Tutoring Services, or any other aspect of a Yoser’s or Tutor’s relationship with YO INGLÊS (or the termination of its relationship), including without limitation, Tutor’s independent contractor classification, Tutor’s provision of services, Yoser’s receipt of services, any payments made to Tutor through the Platform, and the termination of this Agreement, whether arising under federal, state or local statutory and/or common law, including but not limited to misclassification or wrongful termination claims, claims of harassment, retaliation, or discrimination, and claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Older Workers Benefit Protection Act.

22. DISPUTE RESOLUTION, GOVERNING LAW, JURISDICTION, AND VENUE

Dispute Resolution. Most disputes can be resolved without resorting to litigation, and you can contact YO INGLÊS’ support team via [email protected] in the case you have one. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the YO INGLÊS support team, and good faith negotiations shall be a condition to either party initiating further proceedings. If we are unable to resolve the matter within sixty (60) days, either of us has the right to initiate such further proceedings.

Governing Law. In all respects, this Agreement will be governed by the laws of the State of Florida, United States of America, without reference to its principles of conﬂicts of laws.

Jurisdiction and Venue. Whether you reside or have your place of establishment inside or outside of the United States, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the State and Federal courts located within Lake County, Florida, in all disputes arising out of or relating to the use of the Platform.

Accessing or using the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

Lake County's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Lake County's right to comply with law enforcement requests or requirements relating to the Yoser's access to or use of the Platform or information provided to or gathered by Lake County with respect to such access or use.

23. GENERAL

Notices. Under this Agreement, you consent to receive communications from YO! INGLÊS electronically. YO! INGLÊS will communicate with you by email, by posting notices on the Sites or Software, or by sending messages via SMS or services such as WhatsApp and similar ones. You agree that all agreements, notices, disclosures, and other communications that YO! INGLÊS provides to you electronically satisfy any legal requirement that such communications be in writing. Except as provided herein, all notices and communications to YO! INGLÊS shall be in writing and shall be deemed to have been duly given or made (i) with delivery by hand, when delivered, (ii) with delivery by certiﬁed or registered mail, postage prepaid; or (iii) with delivery by internationally recognized overnight courier. Notices to YO! INGLÊS shall be sent to 2032 Tally Road, Suite 4, Leesburg, FL 34748, USA.

Language. Any action brought under this Agreement shall be conducted in the English language. If you are located in Brazil, the following clause applies: “The parties hereby conﬁrm that they have requested that this Agreement be drafted in English. As Partes contratantes confirmam que as Partes requerem que esse contrato seja redigido em Inglês.”

Complete Agreement. This Agreement and its supplements contain the entire understanding between the parties and supersedes, replaces, and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, nor understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein.

Severability. In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.

Transfer and Assignment. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by YO! INGLÊS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The terms of this Agreement bind and inure to the beneﬁt of each party and the party’s successors and permitted assigns.

Survival. Sections 3, 6, 10-12, and 14-23 will survive any termination of this Agreement.

Non-Waiver. No delay or omission by YO! INGLÊS in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by YO! INGLÊS on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

Headings. The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.

Contact Us. Please contact us at [email protected] with any questions regarding this Agreement.