Terms of Service
Last updated: January 15, 2024
Welcome to Fluenta. These Terms of Service ("Terms") govern your use of the Fluenta AI-powered English learning platform, including our website, mobile applications, and related services (collectively, the "Service") operated by Fluenta Inc. ("Fluenta", "we", "our", or "us").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.
Account Creation
To access certain features of our Service, you must register for an account by providing accurate and complete information. You agree to:
- Provide true, accurate, current, and complete information
- Maintain and promptly update your account information
- Be responsible for all activities under your account
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use
Age Requirements
You must be at least 13 years old to use our Service. If you are between 13 and 18 years old, you must have parental consent. Users under 13 are not permitted to use the Service.
Account Termination
We reserve the right to terminate or suspend your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Permitted Use
You may use our Service for personal, educational purposes in accordance with these Terms. Our AI-powered learning tools are designed to help you improve your English language skills.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Use the Service for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction
- Transmit any harmful, threatening, or offensive content
- Attempt to access unauthorized areas of the Service
- Reverse engineer or attempt to extract source code
- Use automated systems to access the Service
- Share your account credentials with others
- Circumvent any security measures
- Upload viruses or malicious code
- Harass, abuse, or harm other users
Subscription Plans
Fluenta offers various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees and taxes. Prices are subject to change with notice.
Payment and Billing
- Subscription fees are billed in advance
- Payment is due at the beginning of each billing cycle
- We accept major credit cards and other payment methods
- You authorize us to charge your payment method automatically
- Failed payments may result in service suspension
Cancellation and Refunds
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- We offer a 14-day money-back guarantee for new subscriptions
- Refunds are processed to the original payment method
- No refunds for partial billing periods
Our Content
The Service and its original content, features, and functionality are owned by Fluenta and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Your Content
You retain ownership of content you create, including:
- Writing samples and exercises
- Audio recordings for pronunciation practice
- Profile information and preferences
By using the Service, you grant us a license to use your content for providing and improving the Service, including AI analysis and personalized feedback.
License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal educational use. This license does not permit commercial use or redistribution.
AI-Powered Features
Our Service uses artificial intelligence to provide personalized learning experiences, including speech recognition, natural language processing, and adaptive learning algorithms.
Learning Data Usage
We use your learning data to:
- Provide personalized feedback and recommendations
- Track your progress and achievements
- Improve our AI algorithms and Service quality
- Generate anonymized analytics for research
Data Accuracy
While we strive for accuracy, AI-generated feedback and assessments are not perfect. You should use your judgment and consult with qualified instructors when needed.
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as outlined in our Privacy Policy.
Key privacy commitments include:
- We do not sell your personal information
- We use industry-standard security measures
- You have rights to access, correct, and delete your data
- We comply with applicable privacy laws (GDPR, CCPA, etc.)
Service Availability
We strive to provide uninterrupted service but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.
Educational Tool
Fluenta is an educational tool designed to supplement your English learning. It is not a replacement for formal education, certified instruction, or professional language assessment.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
You agree to defend, indemnify, and hold harmless Fluenta and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right
- Any claim that your content caused damage to a third party
Termination by You
You may terminate your account at any time by contacting our support team or using the account deletion feature in your settings.
Termination by Us
We may terminate or suspend your access immediately, without prior notice, for any reason, including but not limited to breach of these Terms.
Effect of Termination
Upon termination, your right to use the Service will cease immediately. Your data will be handled according to our Privacy Policy and data retention policies.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
We will notify you of changes by:
- Posting the updated Terms on our website
- Sending an email notification to registered users
- Displaying a notice in the Service
Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.
If you have any questions about these Terms of Service, please contact us:
Email: info@fluenta-ai.com
Address: Fluenta Inc.
Flat 15 Station Road Barham Court Cuffley
Hertfordshire, EN6 4HY
United Kingdom
Phone: +44 (0)7990 965247