Terms of Service

1. Acceptance of Terms

By accessing or using FluentExam (the "Platform" or the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding agreement between you and the operator of FluentExam ("FluentExam," "we," "us," or "our"). If you do not agree to these Terms, you must not use the Platform.

We may update these Terms from time to time. When we make material changes, we will provide notice through the Platform or by email before the changes take effect. Your continued use of the Platform after the effective date constitutes your acceptance of the updated Terms.

2. Eligibility

The Platform is designed for individuals preparing for language and standardized exams. By creating an account, you represent that:

• You are at least 16 years old; and
• If you are under the age of majority in your jurisdiction, you have permission from a parent or legal guardian to use the Platform.

We may restrict access or require additional verification for certain features.

3. Description of the Services

3.1 Platform Overview

FluentExam provides digital practice exams, mock tests, scoring, feedback, and study materials for exams such as IELTS, TOEFL, SAT, ACT, OET, ECL, and similar assessments. The Platform simulates exam-like conditions, timing, and formats and offers estimated scores or band ranges for practice purposes.

3.2 AI Disclosure

FluentExam uses AI to generate practice content, grade responses, and provide feedback. AI-generated content is clearly labeled. AI scores are practice estimates only and do not constitute official exam results or professional advice.

Human Oversight:

• While AI handles initial scoring, we maintain human oversight mechanisms for quality assurance and dispute resolution.
• You may request human review of any AI-generated score within 30 days of the assessment.

3.3 Independent Service

FluentExam is an independent practice service. It is not affiliated with, endorsed by, approved by, or connected to any official examination body, including without limitation: IELTS, British Council, IDP, Cambridge Assessment English, ETS, College Board, ACT Inc., OET owners, or ECL exam providers. Official exam results are determined solely by the relevant examination organizations.

4. Accounts and Security

You are responsible for:

• Maintaining accurate account information (such as email address and login credentials).
• Keeping your password and account details confidential.
• All activity that occurs through your account.

You must promptly notify us if you believe your account has been compromised. We may implement security measures (including anti-cheat systems and automated monitoring) to protect the Platform and other users.

5. Credits, Pricing, and Access

5.1 Credits

Access to certain practice exams, features, or reports requires the use of credits. Credits are digital access units associated with your FluentExam account. Credits have no cash value and cannot be redeemed for money or transferred outside the Platform.

5.2 Purchases

Credits may be obtained by purchasing credit packages or through promotional offers. Pricing, available packages, and promotional conditions may change from time to time. Price changes do not affect purchases that have already been completed.

5.3 Use of Credits

When you use credits to unlock or begin a practice activity, those credits are considered consumed and are not normally reversible. Expiration dates, if any, will be clearly displayed at the time of purchase or offer.

6. Payments

We work with one or more third-party payment providers or Merchants of Record ("Payment Partners") to process purchases. See Appendix A: Payment Terms for full details on payment processing, accepted methods, security, and dispute resolution.

7. Nature of Scores and Educational Disclaimer

All scores, band estimates, feedback, and recommendations provided by FluentExam are practice indicators only. They are generated based on the Platform's internal models, grading criteria, and data and are intended to help you identify strengths and weaknesses.

Practice results are not official exam scores, do not constitute professional advice or certification, and cannot guarantee any exam outcome, immigration result, job offer, scholarship decision, or academic placement.

8. User Conduct

8.1 General Conduct

You agree that you will not:

• Share your account or login credentials with any other person.
• Access or attempt to access the Platform using automated tools (including bots, scrapers, or scripts) unless expressly permitted.
• Attempt to bypass anti-cheat measures, capture exam content, or reproduce questions and materials outside personal study use.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any part of the Platform.
• Upload or distribute malware, viruses, or harmful code.
• Harass, threaten, or abuse other users or FluentExam staff.
• Use the Platform in violation of any applicable law or regulation.
• Impersonate another person or misrepresent your affiliation with any entity.
• Interfere with or disrupt the operation of the Platform, servers, or networks.

8.2 AI Misuse

You agree not to:

• Attempt to manipulate or game AI scoring systems.
• Use AI-generated content from FluentExam to misrepresent your own work.
• Reverse engineer or exploit AI models for unauthorized purposes.

We may monitor and log activity for security, fraud prevention, grading integrity, and Platform improvement.

9. Intellectual Property

All content and materials on the Platform—including exam questions, answer options, explanations, score reports, audio files, text, graphics, logos, and software—are owned by FluentExam or its licensors and are protected by applicable intellectual property laws.

Subject to these Terms, FluentExam grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal exam preparation. You may not copy, modify, publish, distribute, or create derivative works based on our content without prior written permission, except as permitted by law.

10. User Content and License

You retain any rights you have in content you submit to the Platform, including written responses, audio recordings, and messages ("User Content"). By submitting User Content, you grant FluentExam a worldwide, non-exclusive, royalty-free license to host, process, store, use, and display that content solely for:

• Delivering and improving the Services (grading, feedback, analytics, and user support).
• Ensuring security, integrity, and anti-cheat compliance.
• Meeting legal, regulatory, or payment-provider obligations as described in the Privacy Policy.

We will not sell your User Content or publish your exam responses as marketing material without your explicit permission.

11. Third-Party Services

The Platform may integrate or link to third-party services, such as payment providers, email services, analytics, or communication tools. Use of those services may be subject to separate terms and privacy policies. We are not responsible for third-party services we do not control.

12. Disclaimers

12.1 General Disclaimer

The Platform and all content, exams, scores, and features are provided "as is" and "as available," without warranties of any kind, whether express or implied. FluentExam disclaims all implied warranties to the fullest extent permitted by law.

We do not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free.
• Practice results will match any official exam result.
• All bugs or defects will be corrected immediately.

You are responsible for your own study decisions and use the Platform at your own risk.

12.2 AI Disclaimer

AI-generated scores, feedback, and content are provided for educational purposes only. FluentExam does not guarantee that AI assessments will match official exam results. You are responsible for verifying critical decisions with official examination bodies.

13. Limitation of Liability

To the maximum extent permitted by applicable law, FluentExam and its owners, employees, contractors, and affiliates are not liable for:

• Indirect, incidental, consequential, special, or punitive damages.
• Loss of profits, revenue, data, goodwill, or educational opportunities.
• Any decision you make based on practice scores or feedback.

Where liability cannot be excluded, our total aggregate liability for any claim arising out of or relating to the Platform or these Terms will be limited to the amount you paid to FluentExam for access to credits or services during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless FluentExam and its owners, employees, contractors, and affiliates from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any rights of another person.
• Any User Content you submit.

15. Termination

We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if we reasonably believe it is necessary to:

• Protect the Platform, users, or third parties.
• Address suspected fraud, abuse, or misuse.
• Comply with legal or payment-provider requirements.
• Enforce these Terms.

You may stop using the Platform at any time and may request closure of your account through support channels. Upon termination, you may lose access to credits and content associated with your account. Unless required by law or payment-partner rules, we are not obligated to provide refunds for unused credits. See Appendix B: Refund Policy for details.

16. Governing Law and Disputes

These Terms are governed by the laws applicable in the jurisdiction of our primary business operations, without regard to conflict-of-law rules, except where mandatory consumer-protection laws in your country provide additional rights that prevail over this clause.

Any dispute, claim, or controversy arising out of or related to the Platform or these Terms will be handled in a manner consistent with applicable law. We may offer informal resolution through support channels before any formal dispute process.

17. Changes and Contact

We may update these Terms from time to time. The "Last updated" date at the top indicates the latest revision. For questions about these Terms, contact support@fluentexam.com.