Terms and Conditions

Welcome to Speaksy! These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Speaksy Inc. ("Speaksy", "we", "us", or "our") governing your access to and use of the Speaksy language learning platform, including our website, mobile applications, AI tutoring services, and all related features and content (collectively, the "Service").

By creating an account, accessing our platform, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other applicable policies. If you do not agree with these Terms, you must immediately discontinue use of the Service.

These Terms apply to all users, including free users, premium subscribers, enterprise customers, and visitors. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you and that organization.

To access most features of Speaksy, you must create an account. You agree to provide accurate, current, and complete information during registration and to promptly update your information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 16 years of age to create an account and use our Service independently. Users between 13 and 16 years old may use the Service only with parental or guardian consent and supervision. We reserve the right to request proof of age and parental consent at any time.

You agree to notify us immediately of any unauthorized access or use of your account. Speaksy will not be liable for any losses arising from unauthorized use of your account, but you may be held liable for losses incurred by Speaksy or others due to such unauthorized use. You may not transfer, sell, or share your account with any third party without our express written permission.

As a user of Speaksy, you agree to use the Service responsibly and in compliance with all applicable laws and regulations. You are solely responsible for your conduct and any content you create, submit, or share through the Service, including conversation recordings, notes, feedback, and profile information.

You agree NOT to: (a) use the Service for any illegal, fraudulent, or malicious purposes; (b) harass, abuse, threaten, or harm other users or our staff; (c) impersonate any person or entity or falsely represent your affiliation; (d) attempt to reverse engineer, hack, or compromise the security of our platform; (e) use automated tools, bots, or scripts to access the Service without authorization; (f) collect or harvest personal information of other users; (g) upload viruses, malware, or any harmful code; (h) violate intellectual property rights of Speaksy or third parties; (i) engage in any activity that could damage, disable, or overburden our systems.

We reserve the right to investigate violations of these Terms and to take appropriate action, including warning users, temporarily suspending accounts, permanently terminating accounts, and reporting illegal activities to law enforcement authorities.

Speaksy provides AI-powered language learning services including interactive conversations, personalized tutoring, practice exercises, progress tracking, and various learning modes. We strive to provide uninterrupted, error-free service, but we do not guarantee that the Service will always be available, accessible, or free from disruptions.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, for reasons including but not limited to: system maintenance, technical upgrades, security improvements, legal requirements, or business decisions. We will make reasonable efforts to provide advance notice of significant changes that materially affect your use of the Service.

Your ability to access and use certain features may depend on factors outside our control, such as your internet connection, device compatibility, and geographic location. Speaksy is not responsible for any issues arising from third-party services, networks, or equipment. Some features may be restricted or unavailable in certain regions due to legal, technical, or licensing limitations.

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, images, audio, video, software code, AI models, course materials, user interface design, and proprietary algorithms (collectively, "Speaksy Content"), are owned by Speaksy Inc., our licensors, or content providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, Speaksy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial language learning purposes. This license does not grant you any ownership rights to Speaksy Content or the right to use our intellectual property for commercial purposes.

You may not: (a) copy, modify, distribute, sell, or lease any part of the Service or Speaksy Content; (b) create derivative works based on the Service; (c) use our trademarks, logos, or branding without written permission; (d) remove or alter any copyright, trademark, or other proprietary notices; (e) frame or mirror any part of the Service without authorization. Any unauthorized use of our intellectual property may result in termination of your account and potential legal action.

Speaksy offers both free and premium subscription plans. Premium subscriptions provide access to advanced features, unlimited AI conversations, priority support, and exclusive content. Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually) based on the plan you select at the time of purchase.

By subscribing to a premium plan, you authorize Speaksy to charge your designated payment method for the applicable fees. All fees are stated in U.S. dollars unless otherwise specified. Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy. You are responsible for providing current, complete, and accurate billing information.

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We reserve the right to change subscription prices at any time, but price changes will not affect your current subscription period. You will be notified of any price changes at least 30 days before your next renewal, and the new price will apply to subsequent billing periods. If you do not agree to a price change, you may cancel your subscription before the renewal date.

You may cancel your premium subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period, and you will retain access to premium features until that date. After cancellation, your account will automatically revert to the free plan, and you will lose access to premium-only features.

We offer a 14-day free trial for new premium subscribers. During the trial period, you have full access to all premium features at no charge. If you cancel before the trial ends, you will not be billed. If you do not cancel, your subscription will automatically convert to a paid subscription at the end of the trial, and you will be charged the applicable subscription fee.

Refund Policy: We offer a 30-day money-back guarantee for annual subscriptions. If you are not satisfied with your premium subscription within the first 30 days of your initial annual purchase, you may request a full refund by contacting our support team at billing@getspeaksy.com. Monthly subscriptions are non-refundable except as required by applicable consumer protection laws. Refunds are processed within 10 business days and will be credited to your original payment method.

Speaksy may allow you to create, upload, share, or submit content such as conversation recordings, practice exercises, notes, feedback, reviews, and profile information ("User Content"). You retain ownership of your User Content, but by submitting it to the Service, you grant Speaksy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content for purposes of operating, improving, promoting, and developing the Service.

You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to your User Content; (b) your User Content does not infringe upon intellectual property, privacy, publicity, or other rights of third parties; (c) your User Content does not contain illegal, harmful, offensive, discriminatory, defamatory, or inappropriate material; (d) your User Content complies with all applicable laws and these Terms.

We reserve the right, but are not obligated, to monitor, review, edit, or remove any User Content that violates these Terms, our Community Guidelines, or that we deem inappropriate, harmful, or offensive in our sole discretion. We may also use your User Content, in anonymized and aggregated form, to improve our AI models, develop new features, and conduct research and analytics. You acknowledge that conversation data with AI tutors may be used to train and enhance our language learning algorithms.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information, including account details, learning progress, conversation recordings, and usage data. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

We implement industry-standard security measures to protect your data, including encryption, secure authentication, access controls, and regular security audits. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security. You agree to use strong passwords and enable two-factor authentication to enhance account security.

You have certain rights regarding your personal data, including the right to access, correct, delete, export, and restrict processing of your information. To exercise these rights or if you have questions about our data practices, please contact us at privacy@getspeaksy.com. For detailed information about how we handle cookies and tracking technologies, please refer to our Cookies Policy.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAKSY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SPEAKSY DOES NOT WARRANT THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS, INFORMATION, OR CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (d) ANY ERRORS, BUGS, OR DEFECTS WILL BE CORRECTED; (e) THE SERVICE IS FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

While we strive to provide high-quality language learning services, we do not guarantee specific learning outcomes, fluency levels, or test scores. Your language learning success depends on various factors including your effort, practice consistency, learning methods, natural abilities, and motivation. The AI tutors and learning content are provided for educational purposes and should not be considered a substitute for professional language instruction, academic courses, or official language certifications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPEAKSY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; BUSINESS INTERRUPTION; PERSONAL INJURY; LOSS OF PRIVACY; COST OF SUBSTITUTE SERVICES; OR ANY OTHER INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF SPEAKSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL SPEAKSY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT YOU PAID TO SPEAKSY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED DOLLARS ($100 USD). This limitation applies collectively to all claims and is not per incident.

Either you or Speaksy may terminate your account and these Terms at any time. You may terminate by discontinuing use of the Service, canceling your subscription, and deleting your account through your account settings. Upon termination by you, you will lose access to your account, learning progress, saved content, and premium features.

Speaksy reserves the right to suspend or terminate your account, with or without notice, for any reason, including but not limited to: (a) violation of these Terms or any applicable policies; (b) suspected fraudulent, abusive, or illegal activity; (c) prolonged inactivity; (d) non-payment of fees; (e) upon your request; (f) at our discretion for legitimate business, legal, or security reasons.

Upon termination by either party, the following provisions will survive: intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination. Termination does not entitle you to a refund of any fees already paid, except as required by law or as stated in our refund policy. If we terminate your account for cause (violation of Terms), you may not be eligible to create a new account without our permission.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Most disputes can be resolved informally. If you have any concern or dispute with Speaksy, you agree to first contact us at legal@getspeaksy.com and attempt to resolve the issue in good faith through informal negotiation within 60 days before initiating formal proceedings.

If informal resolution is unsuccessful, you and Speaksy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

ARBITRATION AGREEMENT: You and Speaksy agree that disputes will be resolved through individual arbitration, not class action, class arbitration, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. If any portion of this arbitration clause is found to be unenforceable, the remainder shall remain in effect. Governing Law: These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Speaksy reserves the right to modify, update, or revise these Terms at any time to reflect changes in our services, business practices, legal requirements, or for any other reason. We will provide notice of material changes by: (a) posting the updated Terms on our website with a new "Last Updated" date; (b) sending email notification to your registered email address; or (c) displaying a prominent notice within the Service.

Material changes will take effect 30 days after notice is provided, unless otherwise stated. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account. We encourage you to review these Terms periodically to stay informed of any updates.

For significant changes that substantially affect your rights or obligations, we may require you to affirmatively accept the updated Terms before continuing to use the Service. Minor updates, such as clarifications or formatting changes, may take effect immediately upon posting.

If you have questions, concerns, feedback, or requests regarding these Terms and Conditions, or if you need to send legal notices to Speaksy, please contact us using the following information: Email: legal@getspeaksy.com (for legal matters) or support@getspeaksy.com (for general inquiries). Mailing Address: Speaksy Inc., Legal Department, 123 Learning Lane, San Francisco, CA 94102, United States.

These Terms, together with our Privacy Policy, Cookies Policy, Community Guidelines, and any other policies referenced herein, constitute the entire agreement between you and Speaksy regarding the Service and supersede all prior agreements, representations, and understandings, whether written or oral.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign or transfer these Terms or your account without our prior written consent, but Speaksy may assign these Terms without restriction.