Terms of Service

1. Acceptance of Terms

By accessing and using FluencyKit, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, you must not use our service. These terms constitute a legally binding agreement between you and FluencyKit.

2. Description of Service

FluencyKit is an AI-powered language learning platform that provides personalized flashcards, learning materials, and educational content to help users improve their language skills. Our service utilizes artificial intelligence and machine learning technologies to generate, customize, and adapt content based on your learning progress and preferences.

3. AI-Generated Content and Accuracy Disclaimer

Important: FluencyKit uses artificial intelligence to generate flashcards, translations, explanations, and other educational content. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or inconsistencies
• Content generated by AI should be verified for accuracy, especially for critical learning purposes
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content
• You are responsible for reviewing and verifying any AI-generated content before relying on it
• AI models may produce unexpected or inappropriate content despite our best efforts
• We reserve the right to modify, update, or remove AI-generated content at any time

While we strive to provide high-quality educational content, AI technology is not infallible. You should exercise your own judgment and consult additional resources when learning critical language skills.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to accept responsibility for all activities that occur under your account, whether authorized by you or not. You must immediately notify us of any unauthorized use of your account or any other breach of security.

You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent's or guardian's permission to use this service.

5. Acceptable Use

You agree not to use the service to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe upon intellectual property rights, privacy rights, or other rights of others
• Transmit harmful, offensive, abusive, defamatory, or inappropriate content
• Attempt to gain unauthorized access to the service, other accounts, or our systems
• Interfere with or disrupt the service or servers connected to the service
• Use automated systems (bots, scrapers, etc.) to access the service without permission
• Reverse engineer, decompile, or attempt to extract source code from our service
• Use the service for any commercial purpose without our express written consent
• Impersonate any person or entity or misrepresent your affiliation with any entity
• Collect or harvest information about other users without their consent

Violation of these terms may result in immediate termination of your account and may subject you to legal action.

6. Intellectual Property

The service and its original content, features, and functionality are owned by FluencyKit and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you create or upload to the service. However, by using the service, you grant FluencyKit a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing and improving our services.

AI-generated content created through our service may be subject to the terms of our AI service providers. You may not claim ownership of AI-generated content beyond your right to use it for personal learning purposes.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service and describes how we collect, use, and protect your information. By using the service, you consent to the collection and use of your information as described in our Privacy Policy.

8. Subscription and Payment

Some features of FluencyKit may require a paid subscription. By subscribing, you agree to pay the fees specified at the time of purchase. Subscription fees are billed in advance on a recurring basis (monthly or annually) and will automatically renew unless cancelled.

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. Refunds are provided at our sole discretion and in accordance with applicable laws.

We reserve the right to change our pricing at any time. Price changes will not affect your current subscription period but will apply to subsequent renewals.

9. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms of Service.

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. Upon termination, your right to use the service will immediately cease, and we may delete your account and data in accordance with our Privacy Policy.

10. Disclaimers and Limitation of Liability

Service Provided "As Is": The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantee of Results: We do not guarantee that using FluencyKit will improve your language skills or that you will achieve any specific learning outcomes. Learning results vary based on individual effort, practice, and other factors.

Limitation of Liability: In no event shall FluencyKit, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use or inability to use the service.

AI Content Liability: To the maximum extent permitted by law, we disclaim all liability for errors, inaccuracies, or harm resulting from AI-generated content. You acknowledge that AI-generated content may be incorrect or inappropriate and agree to use such content at your own risk.

Our total liability to you for all claims arising from or related to the service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless FluencyKit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the service, your violation of these Terms of Service, or your violation of any third-party rights.

12. Dispute Resolution

If you have any dispute with us, you agree to first contact us at legal@fluencykit.com to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve any claim, dispute, or controversy through binding arbitration rather than in court, except where prohibited by law.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which FluencyKit operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms will be brought exclusively in the courts of that jurisdiction.

14. Changes to Terms

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. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

15. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms of Service constitute the entire agreement between you and FluencyKit regarding our service.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at legal@fluencykit.com.