Terms of Service

1. Who may use the Service

You may use the App only if:

1. You are at least 13 years old (or the minimum age required in your country, and older if a higher age is required for consent where you live);
2. You have the legal capacity to enter a binding contract; and
3. You are not barred from using the Service under applicable law.

If you are under 18 (or the age of majority where you live), you may use the App only with permission and supervision of a parent or legal guardian who accepts these Terms on your behalf.

The App is for personal, non-commercial language learning unless we agree otherwise in writing.

2. Changes to these Terms

We may modify these Terms at any time. We will post the updated Terms with a new “Last updated” date and, when required, provide additional notice (for example, in the App). Your continued use after changes become effective constitutes acceptance of the revised Terms.

If you do not agree to updated Terms, you must stop using the App and cancel any subscription as described in Section 6.

3. The Service

FluentSpeak provides AI-assisted language practice, including:

• Real-time spoken conversations with an AI partner
• Automated feedback, scoring, and analysis after sessions
• Progress features (such as streaks and history) when enabled
• Optional Pro subscription features as described in the App

The Service may be offered in free and paid (Pro) tiers. Features, limits, languages, scenarios, models, and availability may change at any time. We do not guarantee uninterrupted access, specific outcomes, fluency results, or exam scores.

The Service is educational and entertainment software only. It is not a school, employer, certification body, translator for legal/medical use, or emergency service.

4. License to use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, solely for personal use in accordance with these Terms and applicable app-store rules.

You may not:

• Copy, modify, or create derivative works of the App except as allowed by law
• Reverse engineer, decompile, or attempt to extract source code (except where prohibited by law)
• Rent, lease, sell, sublicense, or commercially exploit the App
• Remove proprietary notices
• Use bots, scrapers, or automated means to access the Service
• Circumvent usage limits, paywalls, ads, or security measures
• Use the Service to develop competing products using our content or systems

All rights not expressly granted are reserved by us and our licensors.

5. Accounts and device identity

5.1 Anonymous accounts

The App may create an anonymous account so your preferences and progress can be stored. You are not required to provide an email or password for basic use.

You are responsible for:

• Activity that occurs under your account on your device
• Keeping your device secure
• Any loss of access if you delete the App, clear data, or lose your device (we may not be able to recover anonymous accounts without additional identifiers)

5.2 Accuracy

If you contact support or later provide contact information, you agree it will be accurate.

5.3 No account sharing for abuse

You may not share, sell, or transfer access in a way that violates usage limits or these Terms.

6. Subscriptions, billing, and refunds (Pro)

6.1 Pro subscription

FluentSpeak Pro is an auto-renewable subscription billed through:

• Apple App Store (iOS), or
• Google Play (Android)

Pricing, billing period, and features are shown in the App and on the store checkout screen (for example, a monthly plan). Payment is processed by Apple or Google, not by us directly. We do not receive your full payment card number.

6.2 Auto-renewal

Unless you cancel at least 24 hours before the end of the current billing period (or as stated by Apple/Google):

• Your subscription automatically renews
• You will be charged the then-current price (plus applicable taxes)
• Pro benefits continue until you cancel or the subscription expires

6.3 Free tier limits

Without Pro, the App may limit features (for example, daily conversation limits, advertising before or during certain flows, and reduced analysis or tracking features). Limits are described in the App and may change.

6.4 Managing and cancelling

You can cancel renewal through:

• iOS: Settings → Apple ID → Subscriptions, or the “manage subscription” option in the App (which opens Apple’s subscription management)
• Android: Google Play → Payments & subscriptions → Subscriptions, or the in-App manage option

Cancellation stops future charges; you typically retain Pro access until the end of the current paid period.

6.5 Refunds

All refund requests are handled by Apple or Google under their policies, except where applicable law requires otherwise. We cannot issue refunds for store purchases ourselves.

If you believe you were charged in error, contact Apple or Google support. EU/UK consumers may have additional statutory withdrawal rights for digital content—see Section 18.

6.6 Price changes

We may change subscription prices where permitted by the store. You will be notified according to Apple/Google rules before a new price applies to renewals.

6.7 Pro status in the App

After a successful purchase, we enable Pro features (for example, by updating your profile). If Pro status does not activate, contact fluentspeak.contact@gmail.com with your store receipt. We may rely on the store’s records to verify entitlement.

7. Advertising (free tier)

If you use the free tier, the App may display third-party advertisements (for example, via Google AdMob). Ads may be personalized where allowed and where you have consented (for example, App Tracking Transparency on iOS).

Your interaction with ads is also governed by the ad network’s terms and our Privacy Policy. We are not responsible for third-party products or services advertised.

8. Acceptable use

You agree not to:

1. Violate any law or regulation
2. Harass, threaten, defame, or harm others
3. Upload or generate content that is illegal, obscene, exploitative of minors, hateful, or infringes others’ rights
4. Impersonate any person or entity
5. Attempt to gain unauthorized access to our systems, other users’ data, or third-party services
6. Probe, scan, or test vulnerabilities without authorization
7. Use the Service to send spam or malware
8. Use the Service for high-risk activities (medical diagnosis, legal decisions, safety-critical operations)
9. Extract, mine, or resell data from the Service at scale
10. Use the Service in a manner that could damage, disable, or overburden our infrastructure

We may investigate violations and cooperate with law enforcement. We may suspend or terminate access without prior notice where we reasonably believe you violated these Terms or pose risk to the Service or others.

9. Your content and conversations

9.1 Your content

“User Content” means information you provide or generate in the App, including voice input, transcripts, and practice messages.

You retain ownership of your User Content as between you and us, subject to rights you grant below.

9.2 License you grant us

To operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display User Content only as needed to:

• Provide conversations, analysis, scoring, and progress features
• Maintain and improve the Service (including quality, safety, and reliability)
• Comply with law

This license ends when User Content is deleted from our systems, except for backup copies deleted on a reasonable schedule and data we must retain by law.

9.3 Responsibility

You are solely responsible for User Content and for having all rights necessary to provide it. Do not submit content you do not have permission to use.

9.4 Deletion

You may delete stored conversation history through in-App settings where available. Deletion may not remove all copies immediately from backups. To request broader deletion, see our Privacy Policy or contact fluentspeak.contact@gmail.com.

10. Artificial intelligence and disclaimers

The Service uses artificial intelligence (including third-party models) for conversations and feedback.

You understand and agree that:

1. AI can be wrong. Translations, grammar corrections, scores, and suggestions may contain errors.
2. Not professional advice. The Service does not replace qualified teachers, tutors, certified translators, or official language exams.
3. No guarantee of results. We do not guarantee fluency, grades, job offers, or any particular learning outcome.
4. You use AI output at your own risk for real-world decisions (travel, business, legal, medical, academic submissions).
5. Sensitive topics. Do not rely on the App in emergencies. Call local emergency services when needed.
6. Moderation. We may use automated or manual tools to detect abuse; we do not routinely monitor all conversations for accuracy.

11. Intellectual property

The App, including software, design, logos, text, scenarios, and branding (excluding your User Content), is owned by Tanner Blake or our licensors and protected by intellectual property laws.

“FluentSpeak” and related marks are our trademarks. You may not use them without prior written permission.

Feedback you send us may be used without restriction or compensation to improve the Service.

12. Third-party services

The Service integrates third-party services (for example, Supabase, Google (Gemini, AdMob), Groq, Apple, Google Play). Your use of those services may be subject to their terms and privacy policies. We are not responsible for third-party services we do not control.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

14. Service changes and availability

We may:

• Add, modify, or remove features
• Change free-tier limits, models, or languages
• Perform maintenance causing downtime
• Discontinue the Service or any part of it

Where required by law, we will provide notice of material adverse changes. We are not liable for modifications or discontinuation except as stated in these Terms or required by law.

15. Termination

15.1 By you

You may stop using the App at any time. Uninstalling the App does not automatically cancel a Pro subscription—you must cancel through Apple or Google (Section 6).

15.2 By us

We may suspend or terminate your access immediately if we reasonably believe you violated these Terms, created risk, or where required by law or app-store policies.

15.3 Effect

Upon termination, your license ends. Sections that by nature should survive (including Sections 9–12, 16–22) will survive.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• AI outputs will be accurate, complete, or appropriate
• Defects will be corrected
• The Service will meet your requirements

Some jurisdictions do not allow certain disclaimers; in those cases, disclaimers apply only to the extent permitted.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. WE ARE NOT LIABLE for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunity, arising from or related to the Service or these Terms.
2. OUR TOTAL LIABILITY for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve (12) months before the claim, or (b) fifty U.S. dollars (USD $50) if you used only the free tier.
3. These limits apply whether liability is based on contract, tort, negligence, strict liability, or otherwise, even if we were advised of the possibility of such damages.

Exceptions: Some jurisdictions (including parts of the EU/UK) do not allow limitation of liability for death, personal injury, fraud, or certain consumer rights. Nothing in these Terms limits liability that cannot be limited by law.

18. Consumer rights (EEA, UK, and other regions)

If you are a consumer in the European Economic Area, United Kingdom, or another jurisdiction with mandatory consumer protections:

• You may have statutory rights that cannot be waived by these Terms
• Withdrawal rights for digital content may apply; where you request immediate performance of digital content, you may lose the right of withdrawal once delivery begins—stores and local law govern details
• Nothing in Sections 16–17 excludes our liability for intentional misconduct or gross negligence, or for damages that cannot be excluded under applicable law

For EU/UK complaints, contact us first at fluentspeak.contact@gmail.com. You may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

19. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Tanner Blake and our officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms or any law
• Your violation of any third-party rights

This section does not apply where prohibited by law (for example, for EU consumers in some cases).

20. Dispute resolution and governing law

20.1 Informal resolution

Before filing a claim, you agree to contact us at fluentspeak.contact@gmail.com and allow 30 days to try to resolve the dispute informally.

20.2 Governing law

These Terms are governed by the laws of State of Massachusetts, USA, without regard to conflict-of-law rules, except that mandatory consumer laws of your country of residence may apply where required.

20.3 Arbitration

Any dispute shall be resolved by binding individual arbitration under AAA rules in Feeding Hills, Massachusetts, except either party may bring qualifying claims in small-claims court or seek injunctive relief for IP abuse. Class actions and class arbitrations are waived to the extent permitted by law.

21. Apple and Google app-store terms

21.1 Apple App Store (iOS)

If you downloaded the App from the Apple App Store, you acknowledge:

1. These Terms are between you and us only, not Apple.
2. Apple has no obligation to furnish maintenance or support for the App.
3. In the event of failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation.
4. Apple is not responsible for addressing claims relating to the App or your use of it, including product liability, legal compliance, or intellectual property infringement.
5. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
6. You must comply with applicable App Store Terms of Service.

21.2 Google Play (Android)

If you downloaded the App from Google Play, you acknowledge that Google is a third-party beneficiary only to the extent required by Google Play policies, and Google’s terms may apply to your use of Google Play billing.

22. Export and sanctions

You may not use or export the Service except as authorized by U.S. and local export laws. You represent that you are not located in, under control of, or a national/resident of any country or person subject to U.S. government embargoes or sanctions lists.

23. Miscellaneous

24. Contact

Tanner Blake
Email: fluentspeak.contact@gmail.com
Address: 89 Parkview Drive, Feeding Hills, MA 01030
Website: https://tannerbblake.github.io/fluentspeak