Terms of Service

Last updated: December 8, 2024

1. Agreement to Terms

Welcome to LinguaLive. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and LinguaLive AI ("Company," "we," "us," or "our") governing your access to and use of the LinguaLive platform, including our website, applications, and all related services (collectively, the "Service").

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

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

LinguaLive is an AI-powered language learning platform that provides:

  • Real-Time Conversation Practice: Interactive voice conversations with AI tutors in multiple languages.
  • Pronunciation Feedback: Instant analysis and correction of pronunciation, grammar, and vocabulary.
  • Roleplay Scenarios: Simulated real-world situations such as job interviews, travel scenarios, and business meetings.
  • Progress Tracking: Flashcards, session history, streaks, and achievement systems to monitor your learning journey.
  • Premium Tools: Advanced features including fluency assessments, IELTS/TOEFL practice, and pronunciation analysis.

The Service utilizes Google Gemini AI technology to power conversation interactions and provide feedback. Features and availability may vary based on your subscription plan and geographic location.

3. User Accounts

3.1 Account Registration

To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach. We are not liable for any loss arising from unauthorized access to your account.

3.3 Account Termination

You may delete your account at any time through the Settings page. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Subscriptions and Payments

4.1 Free Tier

LinguaLive offers a free tier with limited daily practice time (30 minutes). Free users have access to core features but may experience restrictions on advanced tools and premium scenarios.

4.2 Premium Subscriptions

Premium subscriptions ("Pro" plans) provide unlimited practice time and access to all features. Subscriptions are offered on monthly or annual billing cycles. Prices are displayed at checkout and may vary by region.

4.3 Payment Processing

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You are responsible for ensuring your payment information is current.

4.4 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, you will retain access to premium features until the end of your current billing period. Refunds are generally not provided for partial billing periods, except as required by applicable law.

4.5 Price Changes

We reserve the right to modify pricing at any time. Price changes will be communicated at least 30 days in advance and will apply to the next billing cycle after the change.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Upload or transmit viruses, malware, or other malicious code
  • Harass, abuse, or harm others through the Service
  • Use automated tools to scrape, crawl, or extract data from the Service
  • Circumvent usage limits, rate limiting, or access controls
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Share your account credentials or allow others to access your account
  • Use the Service to generate harmful, offensive, or inappropriate content
  • Resell, sublicense, or commercially exploit the Service without authorization

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof), is owned by LinguaLive AI and protected by international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you create or submit through the Service (e.g., custom scenarios, notes). By using the Service, you grant us a limited, non-exclusive license to use, process, and store your content solely to provide and improve the Service.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, secure, or error-free
  • Results obtained from the Service will be accurate or reliable
  • The quality of the Service will meet your expectations
  • Any errors will be corrected

LinguaLive is an educational tool and does not guarantee language proficiency, certification results, or specific learning outcomes. AI-generated feedback is for educational purposes and should not be considered professional language instruction.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINGUALIVE AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM:

  • Your use of or inability to use the Service
  • Any unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Service
  • Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless LinguaLive AI and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you submit or transmit through the Service

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, unless otherwise agreed.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against LinguaLive AI.

11. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms or any applicable laws
  • Fraudulent, abusive, or illegal activity
  • Non-payment of subscription fees
  • Extended period of account inactivity
  • Upon your request to delete your account

Upon termination, your right to use the Service will cease immediately. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our website with a new effective date
  • Sending an email notification to registered users
  • Displaying a notice within the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LinguaLive AI regarding the Service and supersede all prior agreements.

13.2 Severability

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

13.3 Waiver

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

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Contact Information

For questions or concerns about these Terms of Service, please contact us:

LinguaLive AI

Email: legal@lingualive.ai

Support: lingualive.ai/support

By using LinguaLive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

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