Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website https://www.silkclarity.com (the "Website") and the English coaching, communication training, and related services (the "Services") provided by Silk Clarity, owned and operated by Darcy Renouf, based in Spain ("Silk Clarity", "we", "us", or "our"). By accessing the Website, booking a lesson, or otherwise using the Services, you ("you", "the User", or "the Student") agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Description of Services

Silk Clarity provides online English language coaching and training, including but not limited to online English lessons, executive communication coaching, business English training, trial lessons, digital scheduling and booking, online payments, email and newsletter communication, and lessons delivered via video conferencing platforms. The scope, duration, and format of each engagement will be described at the time of booking or in a separate agreement.

3. Eligibility Requirements

To use the Services, you must be at least 18 years old, or 16 years old with verifiable parental or guardian consent, and legally capable of entering into a binding contract.

4. User Responsibilities

• Provide accurate, current, and complete information when registering or booking.
• Keep your account credentials confidential.
• Attend lessons on time and prepared.
• Use the Services only for lawful purposes and in a respectful manner.
• Comply with all applicable laws and these Terms.

5. Booking and Scheduling Rules

Lessons may be booked through the Website or third-party scheduling platforms (such as Calendly). Bookings are confirmed only upon receipt of payment, where applicable, and a confirmation message. Available time slots are subject to change.

6. Trial Lesson Terms

Trial lessons may be offered at a reduced rate or free of charge, subject to specific conditions communicated at the time of offer. Trial lessons may be limited to one per User, may be subject to availability, and may not include the full content of paid lessons. Silk Clarity reserves the right to modify or discontinue trial offers at any time.

7. Payments and Pricing

Prices for the Services are displayed on the Website or quoted prior to booking and are stated in the currency indicated. Unless otherwise stated, prices are inclusive of applicable Spanish VAT where required. Payment is processed securely by Stripe. By submitting payment, you authorize the charge to the chosen payment method.

8. Refund Policy

Lesson fees are non-refundable once the lesson has been delivered. Where a User cancels a paid but undelivered lesson with at least 24 hours' notice, a credit may be issued for use within a reasonable period, at Silk Clarity's discretion. Statutory consumer rights under Spanish and EU law are not affected.

9. Rescheduling Policy

Rescheduling requests must be made at least 24 hours before the scheduled lesson. Requests made within 24 hours of the lesson may be refused, and the lesson may be considered delivered and forfeited.

10. Cancellation Policy

Cancellations made with at least 24 hours' notice are eligible for rescheduling. Cancellations made with less than 24 hours' notice, or no-shows, may result in forfeiture of the lesson and applicable fees.

11. Late Attendance Policy

Lessons begin at the scheduled time. If a Student is late, the lesson will still end at the scheduled time. If a Student is more than 15 minutes late without notice, the lesson may be considered a no-show and forfeited.

12. Subscription Terms

Where Services are offered on a subscription or package basis, the applicable billing cycle, included lessons, validity period, and cancellation conditions will be communicated at the point of purchase. Subscriptions renew automatically unless cancelled before the next billing date. Unused lessons within a billing cycle do not roll over unless expressly stated.

13. Intellectual Property Rights

13.1 Website Content Ownership

All content on the Website, including text, graphics, logos, audio, video, and software, is owned by or licensed to Silk Clarity and is protected by intellectual property laws.

13.2 Student Materials and Content

Educational and coaching materials provided to Students remain the intellectual property of Silk Clarity unless otherwise stated. Students are granted a limited, non-exclusive, non-transferable license to use such materials solely for personal learning purposes in connection with the Services. Users must not reproduce, distribute, publicly display, modify, or resell course materials without prior written permission from Silk Clarity.

14. Acceptable Use Policy

• Do not use the Services for any unlawful, fraudulent, or harmful purpose.
• Do not harass, threaten, discriminate against, or abuse any person.
• Do not interfere with the operation, security, or integrity of the Website or Services.
• Do not attempt to gain unauthorized access to any account, system, or data.
• Do not record lessons without prior written consent.
• Do not upload or transmit malicious code or content.

15. Prohibited Conduct

Silk Clarity reserves the right to refuse, suspend, or terminate Services in cases of abuse, harassment, discrimination, threats, unlawful conduct, payment failure, or any breach of these Terms, without refund where lessons have been delivered.

16. Third-Party Services

The Services rely on third-party providers including Stripe (payments), scheduling tools (e.g. Calendly), video conferencing platforms (e.g. Zoom, Google Meet), email marketing platforms, and analytics tools (e.g. Google Analytics, Meta Pixel). Your use of those services is also subject to their respective terms and privacy policies. Silk Clarity is not responsible for the availability, performance, or conduct of third-party providers.

17. Disclaimer of Educational Results

Silk Clarity provides coaching and instructional services. Results depend on many factors including the Student's effort, time investment, prior knowledge, and individual circumstances.

17.1 No Guarantee of Specific Outcomes

Silk Clarity does not guarantee any specific level of English proficiency, exam result, professional outcome, career advancement, or financial benefit. Students are solely responsible for their own learning and progress.

18. Limitation of Liability

To the maximum extent permitted by law, Silk Clarity, its owner, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or in connection with the Services. The total aggregate liability of Silk Clarity in connection with the Services shall not exceed the amount paid by the User for the Services in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable Spanish or EU consumer law.

19. Indemnification

You agree to indemnify, defend, and hold harmless Silk Clarity and Darcy Renouf from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights.

20. Privacy Reference

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in accordance with the GDPR.

21. Account Suspension or Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms, engage in prohibited conduct, or where required by law. You may discontinue use of the Services at any time. Provisions which by their nature should survive termination shall continue to apply.

22. Force Majeure

Silk Clarity shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemic, government action, internet outages, or failures of third-party providers.

23. Governing Law

These Terms are governed by the laws of Spain, without regard to its conflict of laws principles. Mandatory consumer protection rights under the law of your country of residence remain unaffected.

24. Jurisdiction

Subject to mandatory consumer protection rules, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Spain corresponding to the registered place of business of Silk Clarity.

25. Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute amicably by contacting hello@silkclarity.com. Consumers resident in the EU may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

26. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

27. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms communicated at booking, constitute the entire agreement between you and Silk Clarity regarding the Services and supersede all prior agreements and understandings.

28. Contact Information

Silk Clarity — Darcy Renouf
Email: hello@silkclarity.com
Website: https://www.silkclarity.com