1. Acceptance of Terms & Eligibility
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and TheFluentMe ("TheFluentMe", "Company", "we", "us", or "our"), governing your access to and use of the TheFluentMe web application, artificial intelligence speech evaluation services, roleplay engines, and teleprompter software (collectively, the "Service").
By accessing, registering for, or using the Service, you represent and warrant that: (a) you are at least 18 years of age or the age of legal majority in your jurisdiction, or possess valid legal parental/guardian consent if between 13 and 17 years old; (b) you have the full power and authority to enter into these Terms; and (c) your use of the Service does not violate any applicable federal, provincial, state, national, or international law.
2. Description of SaaS Services & Free Tier
TheFluentMe provides an automated, software-as-a-service AI platform designed to analyze English speech acoustic signals, provide phonetic accuracy feedback, generate conversational roleplays, and assist in presentation pacing. The Service offers a limited Free Tier (subject to a daily quota of 5 practice interactions per 24-hour cycle) and a paid Pro Subscription providing unlimited access.
3. Subscription Billing, Recurring Charges, Cancellation & Refund Policy
3.1. Recurring Billing: TheFluentMe Pro is offered on a monthly recurring subscription basis at $9.99 USD per month (plus applicable sales taxes or VAT where required by law). By subscribing, you authorize our third-party payment processor (Stripe Inc.) to charge your designated payment method on a recurring monthly cycle until you explicitly cancel.
3.2. Cancellation Policy: You may cancel your Pro subscription at any time by contacting support at termsandconditions@thefluent.me or managing your Stripe billing session. When cancelled, your subscription will not renew at the next billing cycle, and your Pro access will remain fully functional until the end of your current paid monthly term.
3.3. Refund Policy: All subscription fees and charges are non-refundable and non-creditable, except as expressly provided in these Terms or required under mandatory consumer protection laws of your jurisdiction.
4. User Audio License, Ownership & Ephemeral Processing
4.1. Voice Ownership: You retain 100% of all intellectual property ownership rights in and to your original voice recordings and speech content submitted to the Service.
4.2. Limited Processing License: By submitting audio recordings to the Service, you grant TheFluentMe a worldwide, non-exclusive, royalty-free, limited license to receive, process, transcribe, and analyze your audio solely for the real-time execution of pronunciation scoring, CEFR evaluation, and AI feedback generation.
4.3. Non-Retention: We process your speech audio transiently in volatile system memory. We do not sell your voice recordings to third parties, nor do we use your private audio to train public generative foundation models without your explicit prior consent.
5. AI Speech Analysis & Educational Disclaimers
5.1. Experimental Nature of AI: You acknowledge that speech evaluation, CEFR estimates, phonetic breakdowns, and conversational roleplay responses are generated by automated machine learning algorithms. AI outputs may occasionally contain inaccuracies or subjective interpretations.
5.2. No Academic or Test Score Guarantee: TheFluentMe is an educational enhancement and speech practice tool. We do not guarantee specific scores on standardized language examinations (such as IELTS, TOEFL, Cambridge English, or CEFR certifications).
6. Acceptable Use Policy & Prohibited Conduct
You agree not to reverse engineer, decompile, or disassemble the Service, use automated bots to overload our servers, or tamper with the 5-drill daily free quota or subscription tokens.
7. Limitation of Liability & Damages Cap
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THEFLUENTME FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED US DOLLARS ($100.00 USD).
8. Mandatory Individual Binding Arbitration & Class Action Waiver
Any unresolved dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding individual arbitration administered under the rules of the American Arbitration Association (AAA). YOU AND THEFLUENTME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.