Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our service.

1.1 Age Requirement

You must be at least 16 years old to use this service. By using our service, you represent and warrant that you meet this age requirement.

1.2 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or in-app notification. Your continued use after changes constitutes acceptance of the updated Terms.

2. Service Description

SpeakEn is a software as a service (SaaS) platform that provides AI-powered English speaking coaching:

• Real-time grammar and pronunciation correction during conversation
• Personalized speaking sessions on topics you choose
• Progress tracking and fluency insights
• Subscription-based access to premium features
• Integration with third-party services

2.1 Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. We may suspend service for maintenance, updates, or technical issues without liability.

2.2 Third-Party Services

Our service integrates with third-party providers (payment processors, analytics, etc.). Your use of these services is subject to their respective terms and policies.

3. Eligibility and Account Registration

3.1 Account Creation

To use our service, you must:

• Be at least 16 years of age
• Provide accurate, current, and complete information
• Maintain and update your account information
• Accept responsibility for all activities under your account
• Maintain the security of your password

3.2 Account Responsibilities

You are solely responsible for:

• All activities that occur under your account
• Maintaining confidentiality of your credentials
• Notifying us immediately of unauthorized access
• Compliance with these Terms by anyone using your account

3.3 Prohibited Accounts

You may not create multiple accounts to circumvent restrictions, pricing, or service limitations. We reserve the right to suspend or terminate duplicate accounts.

4. User Conduct and Responsibilities

By using our service, you agree NOT to:

4.1 Prohibited Activities

• Use the service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service or servers
• Engage in spam, harassment, or abusive behavior
• Impersonate any person or entity
• Collect or harvest user data without consent
• Reverse engineer or attempt to extract source code

4.2 Consequences of Violation

We reserve the right to suspend, terminate, or restrict access to users who violate these Terms, with or without prior notice.

5. Intellectual Property Rights

5.1 Our Ownership

All content, features, and functionality of our service are owned by us and are protected by copyright, trademark, and other intellectual property laws. This includes:

• Software code and architecture
• Text, graphics, logos, and designs
• User interface and visual elements
• Documentation and training materials

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use our service for personal or business purposes in accordance with these Terms.

5.3 Restrictions

You may not:

• Copy, modify, or create derivative works
• Remove copyright notices or proprietary markings
• Use our service to build a competing product
• License, sublicense, or transfer rights to the service

6. User Content and Licenses

6.1 Your Content

You retain ownership of any content you create, upload, or store using our service ("User Content"). This includes:

• Profile information and preferences
• Blog posts and articles
• Comments and feedback
• Any data or materials you provide

6.2 License to Use Your Content

By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content to provide the service
• Create backups and copies for operational purposes
• Analyze content to improve our service

6.3 Content Responsibility

You are solely responsible for your User Content. We do not endorse or guarantee the accuracy of user-generated content. We may remove content that violates these Terms.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our service becomes our property and may be used to improve our service without compensation or obligation to you.

7. Payment Terms and Subscriptions

7.1 Subscription Plans

Our service offers subscription plans with:

• Free tier with limited features
• Paid tiers with enhanced features and resources
• Monthly or annual billing options
• Pricing displayed on our website

7.2 Payment Processing

Payments are processed securely through:

• Polar.sh: Payment processing for subscriptions and purchases

Payment information is never stored on our servers.

7.3 Billing Cycle

• Subscriptions automatically renew at the end of each billing period
• You will be charged the rate applicable at the time of renewal
• Price changes will be notified at least 30 days in advance
• Failed payments may result in service interruption

7.4 Taxes

All prices exclude applicable taxes. Sales tax, VAT, or other taxes may be added based on your location. We are not responsible for local taxes or import duties.

7.5 Free Trials

Free trials, if offered, are limited to one per person. Payment details may be required to start a trial, but you won't be charged until the trial ends. You can cancel anytime before the trial period ends.

8. Cancellation and Refunds

8.1 Cancellation

You may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You retain access to paid features until the period ends
• No partial refunds for unused portions of a billing period

8.2 Refund Policy

We want you to be satisfied with our service. Refunds may be considered on a case-by-case basis:

• Within 14 days: Full refund available for first-time subscribers
• After 14 days: Refunds at our discretion
• Technical issues: Refunds or credits if service is unavailable for extended periods

For refund requests, please contact support@speaken.xyz. See our Refund Policy for details.

8.3 Account Downgrade

If you cancel or downgrade, data associated with premium features may be deleted after a grace period. Export your data before cancelling.

9. Account Termination

9.1 Termination by You

You may delete your account at any time through your account settings or by contacting us. Upon deletion:

• Your access to the service will be terminated
• Your personal data will be deleted in accordance with our Privacy Policy
• You will forfeit any unused subscription time

9.2 Termination by Us

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses security risks to our service
• We discontinue the service or features you rely on

9.3 Effect of Termination

Upon termination:

• Your right to use the service immediately ceases
• We may delete your account data without liability
• All provisions of these Terms survive termination

10. Disclaimers and Warranties

10.1 "As Is" Service

Our service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

10.2 No Warranties

We disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or availability of the service
• Freedom from viruses or harmful components
• Security of data transmission or storage

10.3 No Guarantee of Results

We do not guarantee that our service will meet your requirements or achieve specific results. Use of the service is at your own risk.

11. Limitation of Liability

11.1 Cap on Liability

To the maximum extent permitted by law, our total liability for any claim arising from these Terms or your use of the service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11.2 Excluded Damages

We are not liable for:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, data, or business opportunities
• Damages from service interruption or errors
• Damages from third-party actions or services
• Damages exceeding the fees paid (where permitted by law)

11.3 No Liability for Third Parties

We are not responsible for third-party services integrated with our platform. Your interactions with third parties are governed by their terms and policies.

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our personnel from any claims, damages, losses, and expenses arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you post or share through the service

We reserve the right to control the defense and settlement of any claim at your expense.

13. Privacy and Data Protection

Your use of our service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our service, you consent to our data practices as described in the Privacy Policy.

14. Service Modifications

14.1 Right to Modify

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, including:

• Adding or removing features
• Changing pricing or subscription terms
• Imposing limits on service usage
• Discontinuing the service entirely

14.2 Notice of Changes

We will provide reasonable notice of material changes that affect your use of the service. We are not liable for any loss resulting from modifications to the service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by applicable laws. Any disputes will be resolved in accordance with these laws.

15.2 Dispute Resolution

We prefer to resolve disputes amicably. Before filing a lawsuit, you agree to contact us and attempt good faith negotiation for 60 days.

15.3 Arbitration (Optional)

Any dispute not resolved through negotiation may be resolved through binding arbitration, except where prohibited by law.

15.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, class arbitrations, or representative proceedings.

15.5 Venue

Any legal proceedings will be exclusively brought in the applicable courts, and you consent to the personal jurisdiction of these courts.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the service. They supersede all prior agreements and understandings.

16.2 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights to any affiliate or third party without restriction.

16.5 Force Majeure

We are not liable for delays or failures due to events beyond our control, including natural disasters, war, or government actions.

16.6 Electronic Communications

You consent to receive electronic communications from us. Notices will be sent to your registered email address or posted on our service.

17. Contact Information

If you have questions about these Terms, please contact us:

• Email: support@speaken.xyz

For technical support, please contact support@speaken.xyz.