This User Agreement (“Agreement”) governs your access to the Fluency website (“Platform”) and your use of its resource, fluency.live Platform” in accordance with the terms and conditions contained in this Agreement for language learners (“Students”) and speakers of the language whom are as good as the linguists (teachers) who provide teaching services through the platform (teaching services). The terms “user”, “you”, and “yours” refer to any person who accesses or uses this platform, including the students, their parents or legal guardians if the student is under the age of eighteen (18), and teachers. If you create an account on the Platform, this Agreement will be effective as of the date indicated above.
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including, as the case may be, If you do not agree to all the terms and conditions of this agreement, you may not access or use the Platform.
1. Eligibility: You may not use the Platform unless you can create your own account on the Platform and this is considered an agreement between you and Fluency, in accordance with this Agreement and all laws and rules.
If you are a teacher or a candidate for a teacher, you certify that you are over 18 years of age. Please note that Fluency may issue other requirements for proving teacher eligibility from time to time, and these requirements may vary depending on the teaching service concerned. Fluency reserves the right to Evaluate and re-evaluate your eligibility at any time in its sole discretion and may at any time request information from you to help it make such decisions. If you have previously been prevented from accessing or using the Platform, you are not permitted to attempt to access or use the Platform.
Teacher’s access and use of the Platform is subject to the Teacher Addendum referred to in this Agreement. Students and Teachers are subject to all additional guidelines, rules, and terms related to the Platform, posted or provided to you in any way.
2. Data Privacy: Please review (Fluency’s Privacy Policy) as applicable to the nature of your use of the Platform. Teachers as data controllers to the extent they receive personal data in the course of providing teaching services, acknowledge and agree to comply with their obligations under applicable law as a data controller.
3. Amendments to this Agreement: We may make amendments to it from time to time, and if this happens, we will notify you by email, by publishing a notice on the platform, or through any other means of any material changes we make to the Agreement before the effective date of those changes. Registration, accessing, or using the Platform after the effective date of such changes will mean that you agree to the changes; If you do not agree to the changes or do not accept them, do not enter the platform.
4. Accounts: By creating an account on the platform, you agree that all data you provide at any time will be true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account information and password, and for restricting access to your computer and your account. You will also agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example: if your account ID or password data is lost, stolen, or unauthorized ) you are obligated to notify the Fluency Team immediately. You may be held responsible for losses that Fluency incurred or any other party as a result of any unauthorized use of your account.
No one except you may use your account, except in cases undertaken with the assistance of the Fluency support team.
5. License to use the Platform: Fluency grants you a limited, non-exclusive license to access and use the platform in accordance with your commitment to the terms of this agreement, which is a license that cannot be revoked, and you cannot assign it to anyone else, and under it, you cannot grant a sublicense to anyone. Fluency provides it to you, for your personal use as an actual student, teacher, or prospective teacher only, and in a manner consistent with the nature of your intended use of the Platform, the terms of this Agreement, and consistent with all legal requirements.
Fluency may revoke this license at any time, in its sole discretion. In the event of cancellation, you must erase all materials downloaded from the Platform or otherwise obtained by you, and this applies to all copies of such materials you have, whether made in accordance with this Agreement or otherwise.
You may not use works of the Platform content or any content made available whether you copy adapt, modify, prepare, distribute, sell, transfer, publicly display, publicly perform, transfer, broadcast, or otherwise exploit it in any way, other than as expressly permitted in this Agreement.
The Platform and the content available on it are provided to you on an “as is” basis. If you download or print a copy of any Content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained therein. No license or right, implied or otherwise, is granted to you under any intellectual property right owned by Fluency. That or any of its licensors, except for the licenses and rights expressly granted to you in this agreement.
In the event that you require hardware, additional software, or different programs that enable you to access and use all of the features of the Platform, you are solely responsible for obtaining such hardware and software, and for determining their compatibility with your system, and then you bear all risks and responsibilities associated with such hardware and software.
You acknowledge that you are responsible for reviewing all applicable license agreements, terms, and conditions, the software you use is relevant to and compliant with the Platform.
6. Restrictions You are not permitted to encourage, assist, or enable anyone to do the following actions:
- Access or use the Platform for any purpose inconsistent with its intended purpose, or for any purpose that is unlawful or prohibited by this Agreement.
-Use the Platform in any way that, in our sole discretion, could damage, disable, exhaust its resources, impair its performance, or in a manner that interferes with any other party’s use of it.
-intentionally interfere with or harm the operation of the Platform or the user’s experience with the Platform, by any means, including uploading or disseminating viruses, worms, or other harmful code.
-Remove, circumvent, disable, damage, or otherwise interfere with features, whether security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that impose restrictions to use the Platform.
-Attempting to access the platform or any part thereof, or to other accounts, or to computer systems or networks connected to the platform or any part thereof without authorization, through hacking, password mining, or any other means, or interfering - or attempting to interfere - In the proper working of the Platform or any activities conducted on it.
-Obtain - or attempt to obtain - any materials or information from the Platform through any means not made available in an approved manner.
-Use any robot, search engine, web scraper, or other automated means to access the Platform for any purpose bypass our robot exclusion headers, or bypass any other measures we have in place to prevent or restrict access to the Platform without written permission.
-Use any Fluency trademark, logo, or other Fluency Material without our express written consent, including doing so via framing techniques, or “hidden text” meta tags.
-modify the Platform in any way or form, or use modified versions of the Platform, including (without limitation) attempting to gain unauthorized access to the Platform.
-Create more than one account, use another person’s account without authorization, or impersonate any individual or entity; or forge or tamper with titles or identifications; To hide the origin of any content transmitted through the Platform.
-Violate any copyright, trade secret, or other rights of any third party in any way, including rights of privacy or publicity.
-Send spam to any party.
-Posting advertisements or engaging in activities soliciting funds for commercial purposes without written permission from Fluency.
-Engage in conduct or post content that is defamatory, defamatory, abusive, threatening, abusive, hateful, obscene, offensive, or insulting to others (publicly or otherwise), or any content that violates any law or right of the Company. Fluency or any third party.
-Share private data or personal data of others without their direct authorization.
-Trying to do any of the above indirectly.
7. Monitoring and recording: Fluency has the right to monitor, record, and retain interactions between students, teachers, and automated chatbots (“Sessions”) on the Platform, and this includes any audio, visual, or textual content. You hereby agree to:
(1)monitor and record any session in which you participate and retain such recordings, which may include your voice, image, and communications (“Recordings”)
(2)Fluency will store such recordings and use them for its own internal business purposes, including but not limited to the purposes of teacher evaluation, teacher training, conflict resolution, and improving the Platform and the services available through it.
(3)make such recordings available to parties involved in the recording (e.g., students and teachers) and their legal guardians (e.g., parents of a minor student)
(4)such recordings will be used, disclosed, and retained by Fluency to the extent required by law or required legal process, or to the extent that Fluency deems necessary for the purposes of enforcing or protecting its rights or the rights of a third party.
You hereby waive any rights of publicity, privacy, or other rights granted to you under applicable law, to the extent such rights can be used to prevent Fluency from using the Recordings for the limited purposes set forth in this Section, or you agree Otherwise required (including for teachers, in the Teacher Addendum), you hereby grant a perpetual, non-exclusive, irrevocable, royalty-free, fully-paid, worldwide, sublicensable, transferable license with any intellectual property rights You may have, grant in or on all Recordings and all Content on Fluency, and you hereby permit such Recordings and Content to be copied, modified, distributed and used for commercial purposes, as provided below, or as permitted by law or permitted by legal process.
Notwithstanding the foregoing, you may have certain choices regarding access to or retention of Recordings, as set forth in our Privacy Policy.
You agree not to record, copy, redistribute, broadcast, self-represent, or otherwise display any Sessions to a general audience, except as permitted by this Agreement. You agree to use the Recordings for your personal use only, without distributing or publishing them outside of the scope in which Fluency provides such Recordings to you.
8. Ownership and property rights: All videos, content, visual interfaces, information, graphics, designs, literature, code, products, software, services, and other elements of the Platform (“Fluency Materials”) are all protected by: Trade, patent, trademark laws, international agreements, and all other relevant intellectual property and proprietary rights and applicable laws. All Fluency materials are owned by Fluency’s Company, its subsidiaries or affiliates, and third-party licensors. All trademarks, service marks, and trade names are owned by Fluency. Except as expressly authorized by Fluency, you agree not to sell, license, distribute, copy, modify, display yourself or through public display devices, transfer, publish, Edit, adapt, create derivative works of, or use in any other unauthorized manner.
9. Trust and safety: Fluency seeks to promote a safe and inclusive learning environment, but has limited control over how students and teachers interact with each other; So you acknowledge that Fluency makes no representations or warranties about Students or Teachers, their use of the Platform, their background, training, or conduct. Please contact the Fluency Support Team.
10. Payment, cancellation, and refunds: If you encounter any circumstance, you can cancel the subscription easily according to the following cancellation policy:
You can cancel the subscription without any additional fees within 14 days from the date of subscription, where only the value of the minutes used will be deducted and the remaining amount will be returned and it will reach your account within 7 working days. If you subscribe to the month-long package and more than 14 days have passed since your subscription, you will not be able to cancel the package, as it is better for you to complete your remaining lessons until the package ends. If you subscribe to the 3-month or 12-month packages and 14 days have passed from the subscription date, the monthly subscription value will be calculated at the basic value and any discount applied to the package will be canceled. Example (the prices in the example below are for clarification only) in the event that you purchase a 12-month package worth 2500 riyals. (3 days a week - 30 D per day, where the monthly value of the package in this example is 208 riyals) If you want to cancel it before 14 days have passed from the date of purchase, only the value of the lessons used will be deducted. After 14 days have passed, the value of the month will be calculated at the basic value of the package, even if you wish to cancel the package in the third week of subscription, where 480 riyals (the basic value) will be deducted and the remaining amount will be returned to your account within 7 working days.
Please contact the Fluency support team with any questions you have regarding the above document: info@fluency.live