Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") govern your use of Fluent Up, a language learning platform operated by Camilo V. ("we," "us," or "our").

By accessing or using Fluent Up, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our service.

2. Eligibility

To use Fluent Up, you must:

• Be at least 16 years of age (in accordance with GDPR requirements for independent consent)
• Have the legal capacity to enter into binding agreements in your jurisdiction
• Provide accurate and complete information when creating an account

If you are under 16, you may not use Fluent Up without parental or guardian consent and supervision. We reserve the right to verify your age and suspend accounts that do not meet these requirements.

3. Service Description

Fluent Up provides:

• Language learning exercises and content (enhanced flashcards, sentence building, grammar training)
• AI-powered conversation coaching powered by Google Gemini AI models
• Progress tracking and personalized learning paths
• Reading and shadowing practice materials

Service Limitations:

• The platform is currently in development and may contain beta features
• Service availability may be subject to maintenance, updates, or technical issues
• We do not guarantee uninterrupted or error-free service

4. User Obligations

You agree to:

• Provide accurate, current, and complete information when creating and maintaining your account
• Provide accurate and truthful information when submitting contact form inquiries
• Maintain the security of your account credentials and notify us immediately of any unauthorized access
• Use the service lawfully and in accordance with these Terms
• Not attempt to reverse engineer, hack, or interfere with the platform's functionality
• Not use the service for any illegal, harmful, or fraudulent purposes
• Not share your account credentials with others or create multiple accounts to circumvent limitations
• Not submit spam, malicious content, or abuse the contact form system

Violation of these obligations may result in immediate suspension or termination of your account.

5. Intellectual Property

Our Content:

• The Fluent Up platform, software, design, and logo are owned by us or our licensors
• Learning content is generated using Google Gemini AI models and may include third-party assets from free-to-use sources (attributed where required by license)
• All content is provided for personal, non-commercial use only

Your Content:

• You retain ownership of any content you create or submit through the platform
• By using the service, you grant us a license to use, store, and process your content solely to provide and improve the service
• You represent that you have the right to grant this license and that your content does not infringe any third-party rights

6. Payment & Billing

Fluent Up is currently provided free of charge. We reserve the right to:

• Introduce paid features or subscription plans in the future
• Notify users of any pricing changes with reasonable advance notice

Future Payment Terms (when applicable):

• Pricing and billing terms will be clearly disclosed before any charges
• You will have the right to withdraw from any paid subscription within 14 days of purchase (EU consumer law)
• Refund policies will be clearly stated and comply with applicable EU consumer protection laws

7. Termination

Termination by You:

You may delete your account at any time through your account settings or by contacting us at hey@fluent-up.com.

Termination by Us:

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, or for any other reason we deem necessary to protect the service or other users.

Upon termination, your access to the service will cease immediately. Your data will be handled according to our Privacy Policy retention policies.

8. Liability & Disclaimers

No Guarantee of Outcomes:

We do not guarantee that using Fluent Up will result in language proficiency or fluency. Learning outcomes depend on individual effort, practice, and various personal factors.

Service Availability:

The service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee uninterrupted, secure, or error-free operation.

Limitation of Liability:

To the maximum extent permitted by applicable EU consumer law, our liability is limited. We shall not be liable for indirect, incidental, or consequential damages, except where such limitation is prohibited by law.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law.

9. Governing Law & Jurisdiction

These Terms are governed by:

• EU Consumer Law: If you are a consumer in the European Union, your local consumer protection laws apply, and you may bring proceedings in your country of residence
• Applicable Law: To the extent not governed by mandatory consumer protection law, these Terms are governed by the laws of Germany (where our data is hosted)

Any disputes will first be addressed through good faith negotiation. If unresolved, disputes will be subject to the jurisdiction of courts in Germany, unless you are an EU consumer and prefer to use the courts in your country of residence.

10. Changes to These Terms

We may modify these Terms from time to time. Material changes will be:

• Communicated via email to registered users or through platform notifications
• Effective 30 days after notification (unless changes are required immediately for legal or security reasons)

Continued use of the service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the service and delete your account.