FluentFlow Terms of Service

Last Updated: 4/08/2024

1. Introduction and Acceptance of Terms

Welcome to FluentFlow, a language learning application that uses Artificial Intelligence (AI) to enhance your language learning journey. Please read these Terms of Service ("Terms") carefully before using FluentFlow. By accessing or using FluentFlow, you confirm that you understand and agree to these Terms. If you are under 18 years old, you may use FluentFlow only with the consent of a parent or guardian. If you disagree with any part of these Terms, please do not use FluentFlow.

2. Description of Service

FluentFlow is a dynamic language learning platform offering a variety of audio, visual, and interactive content to help you learn new languages. Our services use AI text generation powered by Open AI’s Chat GPT API. While we strive to provide a seamless learning experience, please note that FluentFlow cannot promise uninterrupted, error-free, or perfectly secure service. By using FluentFlow, you acknowledge and accept the potential risks associated with digital learning platforms.

3. Acceptable Use of the Services

Compliance with these Terms, as well as all applicable local, national, and international laws and regulations, is mandatory when using FluentFlow. Users must not employ the service for any illegal or unauthorized purposes, infringe upon the rights of others, or disrupt the standard operational flow of the Service. The service should not be used to seek or disseminate information that is illegal, harmful, abusive, or that may infringe upon the rights of others. Examples of unacceptable behavior include, but are not limited to, transmitting harmful or malicious software, engaging in abusive or harassing behavior, attempting to gain unauthorized access to FluentFlow systems or data, or using the AI functionality in a way that promotes harm or illegal activities. Any such unauthorized or disruptive use may lead to immediate termination of your access to FluentFlow.

4. Registration

To use FluentFlow, you must be at least 18 years old or have guardian consent. During registration, please provide true, up-to-date, and complete information about yourself. You must keep your account information confidential and are responsible for all activities under your account. FluentFlow may take actions, including account suspension or termination, against users who violate these expectations.

5. Your Representations and Warranties

By accessing or using FluentFlow, you affirmatively represent and warrant that you possess the legal capacity and authority to form a binding agreement under any applicable law, to use FluentFlow in accordance with all terms and conditions herein, and to fully perform your obligations under these terms. You also assert that you have reached the age of majority in your jurisdiction. You guarantee that all registration information you submit is truthful, accurate, and complete, and you commit to maintain the accuracy of such information. You pledge that your use of FluentFlow will at all times comply with all applicable laws, rules, and regulations, and that you will not use FluentFlow for any unlawful, illegal, or unauthorized purposes. Furthermore, you vow to respect the intellectual property and other proprietary rights of FluentFlow and third parties. You acknowledge that if FluentFlow concludes that these representations and warranties are no longer accurate, it may suspend or terminate your use of FluentFlow at any time and without notice, in addition to any other remedies available under the law or these terms. These are not the only responsibilities you undertake when using FluentFlow, and additional obligations are set out elsewhere in these terms.

6. Submission of Content

As a user of FluentFlow, you are solely responsible for any reviews you submit, which may include but are not limited to text, photos, and data. While you retain ownership of your submitted reviews, by using the service, you grant FluentFlow a royalty-free, worldwide, non-exclusive, perpetual license to use, reproduce, distribute, and publicly display such reviews in connection with the Service.

7. Indemnification of FluentFlow

You agree to indemnify FluentFlow and its affiliates against any claims, damages, or expenses arising from your use of FluentFlow, especially if your use violates these Terms or the law.

8. License to Apps

FluentFlow grants you a limited, non-exclusive, non-transferable, revocable license to use its application for personal, non-commercial purposes, subject to your compliance with these Terms. You may not rent, lease, lend, sell, redistribute, or sublicense the application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the application). Any attempt to do so is a violation of the rights of FluentFlow. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FluentFlow that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

9. In-App Purchases

9.1 Monthly Subscriptions: FluentFlow offers a monthly subscription service. By subscribing, you agree to pay the monthly subscription fee, as well as any applicable taxes.

9.2 Auto-Renewal: All subscriptions to FluentFlow are set to automatically renew at the end of each subscription period, unless you cancel your subscription. You acknowledge and agree that FluentFlow is authorized to charge your chosen payment method for the renewal term.

9.3 Price Changes: FluentFlow reserves the right to adjust pricing for our subscription service in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect following email notice to you.

9.4 Payment: By subscribing to FluentFlow, you agree to pay any and all charges associated with the subscription, including but not limited to the subscription fee and any applicable taxes. Your access to the subscription services may be suspended or terminated if you do not make the payments as required by these Terms.

9.5 Refunds: Unless otherwise specified by law, all purchases are final and non-refundable. If you believe that FluentFlow has charged you in error, you must contact us within 14 days of such charge. No refunds will be given for any charges more than 14 days old.

9.6 Termination: You may cancel your FluentFlow subscription at any time, and you will continue to have access to the subscription service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods.

10. Payment Processors

FluentFlow may use third-party payment processors to process transactions. You agree to abide by the terms and conditions of these processors when making a purchase. Please note that FluentFlow does not hold any liability for the actions or inactions of these third-party processors. We encourage you to review the privacy policies and terms and conditions of such third-party payment processors before engaging in any transaction.

11. Disclaimers

FluentFlow is provided "as is" and "as available" without any warranties of any kind, either express or implied. FluentFlow does not warrant that the Service will be uninterrupted, timely, secure, error-free, or that your learning outcomes will meet your expectations.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall FluentFlow be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service or any content contained therein.

13. Termination

FluentFlow reserves the right to terminate or suspend your access to the Service at any time, for any reason, with or without notice, including for violation of these Terms. Upon termination, all rights and licenses granted to you will immediately cease.

14. Proprietary Rights

FluentFlow and our licensors own all right, title, and interest in and to the Service, including all associated intellectual property rights. You acknowledge that the AI, software, graphics, and all other aspects of our Service are protected by intellectual property rights.

15. Privacy

For details on how we collect, use, and protect your personal information, please see our Privacy Policy. We are committed to improving FluentFlow and may collect data about your use of the service for this purpose, always striving to respect and protect your privacy.

16.  Limitation of Liability and Disclaimer of Warranties
In no event will we, our affiliates or our or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our app. We provide the app on an "as is" basis. We do not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of the app's content, and we disclaim all liabilities arising from your use of the app.

17. Adjustments to Complimentary Services

FluentFlow reserves the right to modify, reduce, or adapt the functionalities available within the Complimentary Services at any given time without prior notice. This includes changes to the number of messages a user can send within any given period. According to Clause 17, FluentFlow does not provide warranties, guarantees, indemnity, maintenance, or support obligations for the Complimentary Services, and makes no commitments regarding the availability or uptime of these services.

18. Governing Law

These Terms are governed by the laws of the United States and the laws of the state in which FluentFlow is based, without regard to conflict of law provisions.

19. Choice of Forum

Any disputes arising under these Terms shall be resolved in a court located in the state in which FluentFlow is based.

20. Changes to Terms of Service

FluentFlow reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the Service or by other means as appropriate. Your continued use of FluentFlow following such notification will constitute your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

21. Entire Agreement

These Terms, together with any other legal notices or terms incorporated by reference (including without limitation, our Privacy Policy and Copyright Notice policy), constitute the entire agreement between you and FluentFlow concerning your use of the Service, and supersede all prior or contemporaneous agreements or understandings, whether written or oral, with respect to the subject matter of these Terms.

22. Waiver and Severability

No waiver of any term in these Terms will be deemed a further or continuing waiver of such term or any other term, and any failure by FluentFlow to assert any right or provision under these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

23. Assignment

You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your FluentFlow account, without the prior written consent of FluentFlow. FluentFlow may assign or transfer these Terms, its rights, and obligations at its sole discretion without restriction. These Terms shall inure to the benefit of and be binding upon the parties, their respective successors, and permitted assigns.

24. Language

In the event of any inconsistency or discrepancy between the English version of these Terms and any translation provided by FluentFlow, the English version shall prevail.

25. Acknowledgment

By using FluentFlow or accessing any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Copyright Notice, and any other related policies. If you do not agree to these Terms, you must not use or access FluentFlow or any component of the Service.

26. Third-Party Services 

FluentFlow may integrate with third-party services or platforms. While we strive to provide seamless integration, we do not have control over the policies and practices of third-party companies. As such, FluentFlow is not responsible for any issues, losses, or damages arising from the use of these third-party services or platforms. Users are encouraged to familiarize themselves with the terms of service and privacy policies of any third-party services they choose to use in conjunction with FluentFlow.

27. Content Accuracy

While we strive to provide accurate and effective language learning materials, FluentFlow makes no warranty or representation, express or implied, about the accuracy, completeness, or suitability of the learning materials provided within the Service. The results of language learning can vary widely between individuals due to differences in personal effort, learning methods, inherent language skills, and other factors. FluentFlow cannot guarantee that using the Service will result in specific language proficiency levels or outcomes.

28. Data Security

FluentFlow implements reasonable measures to protect the security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event of a data breach, we will take reasonable steps to mitigate the effects and to notify you as required by law. By using FluentFlow, you acknowledge that you provide your personal information at your own risk.

29. Unpredictability of AI Responses

a. FluentFlow incorporates Artificial Intelligence (AI) technology to facilitate language learning experiences. It is important to understand that AI-generated responses are based on patterns and algorithms, and as such, they can sometimes produce unpredictable or unexpected outputs.

29.1 Despite our best efforts to ensure a positive and respectful experience, there is a possibility that the AI-powered conversation in FluentFlow may generate responses that are offensive, inappropriate, or objectionable. These responses may arise due to limitations in language understanding, the influence of biased training data, or other factors inherent to AI technologies.

29.2 By using FluentFlow, you acknowledge and understand that AI-generated responses may not always align with your expectations or desired standards. You agree that FluentFlow and its developers, suppliers, and partners shall not be held responsible or liable for any offensive, inappropriate, or objectionable content generated by the AI.

29.3 FluentFlow's AI aims to provide positive and educational interactions. However, AI responses can be unpredictable. If you encounter any offensive or inappropriate content, please let us know through support@fluentflow.ai. Your feedback is crucial for improving FluentFlow.

29.4. By continuing to use FluentFlow, you indicate your acceptance and understanding of the unpredictable nature of AI-generated responses and acknowledge that FluentFlow cannot guarantee that all interactions will be free from offensive or inappropriate content.

30. Contact Us

If you have any questions or concerns regarding these Terms or our Service, please feel free to contact us at support@fluentflow.ai.

General Definitions:

1. "Terms": The FluentFlow Terms of Service, which are the rules and conditions that apply to the use of the FluentFlow platform.

2. "Service": The language learning application known as FluentFlow, which leverages Artificial Intelligence (AI) to create educational and immersive language learning experiences.

3. "User": An individual who accesses or engages with the Service.

4. "AI": Artificial Intelligence, a technology designed to simulate human-like cognitive functions, such as learning, problem-solving, and understanding language.

5. "API": Application Programming Interface, a set of routines, protocols, and tools that allow different software applications to communicate with one another.

6. "Content": Any material submitted or shared by users on the FluentFlow platform, including but not limited to text, photos, and data.

7. "Indemnification": The act of compensating for any loss, damage, or liability incurred due to one's actions or the actions of another party.

8. "Subscription": A fee-based access plan to the Service, which may be offered on a monthly or yearly basis.

9. "In-App Purchase": An additional feature or service that can be purchased within the FluentFlow application.

10. "Data Security": Measures implemented to protect the confidentiality, integrity, and availability of information stored, processed, or transmitted by the Service.

11. "Privacy Policy": A document explaining how FluentFlow collects, uses, and discloses its users' personal information.

12. "Intellectual Property Rights": Legal rights that protect the creative works, inventions, and innovations of individuals and organizations, including copyrights, trademarks, and patents.

13. "Third-Party Services": Services or platforms provided by parties other than FluentFlow that may be integrated or used in connection with the Service.

14. "Governing Law": The body of law that determines the legal framework and enforcement mechanisms for these Terms.

15. "Account": A registered FluentFlow user's unique personal profile, which may contain their username, password, and other personal information required to access and use the Service.

16. "Affiliates": Companies or entities that are related to FluentFlow by ownership, control, or partnership, and may be involved in the operation, provision, or support of the Service.

17. "Confidential Information": Non-public information of a proprietary or confidential nature, which may be shared between FluentFlow and a user under certain circumstances, such as personal data, user-generated content, internal documents, or trade secrets.

18. "Updates": Any modifications, improvements, bug fixes, new features, or additions to the Service, which may be introduced periodically by FluentFlow.

19. "EULA": End-User License Agreement, a legal agreement between FluentFlow and the user that outlines the rights, obligations, and limitations of using copyrighted software or other digital content provided by the Service.

20. "User-Generated Content": Any content created, uploaded, posted, or shared by users on the FluentFlow platform, including but not limited to text, images, audio, and video content.

21. "Feedback": Suggestions, ideas, comments, or other input provided by users to improve the Service, its content, or features.

22. "Acknowledgment": The understanding and acceptance of the Terms and any related policies by a user when accessing or using the Service.