Terms and Conditions

1. Introduction
   These Terms and Conditions govern your use of the Fluencyedge™ online language teaching platform, herein referred to as the “Platform.” By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations.

2. Platform Services
   The Platform offers ongoing private Spanish language lessons through a subscription model, primarily conducted on a one-on-one basis via online means, such as Zoom. Users may subscribe monthly or for a three-month period.

3. User Accounts
   To access most features of the Platform, you must register for an account. Upon registration, you become a “User.” As a User, you agree to provide accurate and complete information and to keep this information updated. Your account is personal and may not be shared with others.

   • Account Sharing Prohibition: Users are strictly prohibited from sharing account credentials. Any suspected or confirmed instance of account sharing may lead to immediate account termination without a refund. Users are responsible for all activities conducted through their accounts.

4. Fees and Payment
   Fees for using the Platform are incurred through a subscription model. A “Subscription” refers to the agreement to access the Platform’s services under the terms specified at the time of registration or renewal, which may vary in duration and price according to the options selected by the User. Payment is due at the beginning of the subscription period. We accept payment via credit cards. All fees related to a Subscription are non-refundable under any circumstances, except where legally required.

5. Promotions and Discounts
   The Platform may offer promotional or discounted rates for subscriptions. Details of these promotions will be communicated through the Platform and are subject to change without prior notice.

6. Subscription Cancellation and Renewal
   Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time, which will take effect at the end of the current billing cycle.

7. Intellectual Property Rights
   All materials available through the Platform, including but not limited to lesson plans, text, images, audio, and video, collectively referred to as “Content,” are owned by or licensed to Fluencyedge™.

   • Limited License: Users are granted a non-transferable, non-exclusive, revocable license to use the Content for personal educational purposes only. Users may not use, reproduce, or distribute any Content from the Platform for commercial purposes without obtaining prior written permission. Unauthorized use, copying, downloading, or redistribution of the Content is strictly prohibited.

   • Digital Rights Management (DRM): Technological measures, including but not limited to DRM, may be implemented to prevent unauthorized copying, downloading, or redistribution of materials available on the Platform. Users agree not to attempt to circumvent these technological protections.

8. Customer Etiquette (Student Code of Conduct)
   Users are expected to be polite and follow common etiquette when participating in lessons and interacting with the Fluency Edge team.

   • A student must:

     • Be fully clothed during classes.

     • Act with basic manners during lessons (no burping, foul language, etc.).

     • Keep the video camera on at all times during lessons, unless otherwise requested by the teacher.

     • Not be abusive to teachers or make offensive comments (including sexual, religious, or racial comments).

     • Avoid discussing inappropriate topics (such as politics, religion, or sex) that may make the teacher uncomfortable.

     • Give full attention to the teacher—no taking calls or leaving during class.

     • Not drink alcohol during lessons. Eating is permitted if it doesn’t cause distractions.

     • Try to be in a quiet room without outside noise or distractions during lessons.

     • Be the sole user of their account—no sharing or creating multiple accounts.

     • Not solicit personal information from any Fluency Edge teacher, including phone numbers or social media profiles.

     • Be punctual for scheduled lessons and cancel classes in advance if unable to attend.

9. Violation of this code of conduct may result in a formal warning. Repeated violations may lead to expulsion from the Platform and refusal of future services.

10. Privacy Policy
    Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you and is incorporated by reference into these Terms.

11. Service Availability
    We aim to provide the Platform services effectively; however, services may be temporarily unavailable during scheduled maintenance or due to unforeseen circumstances. We will endeavor to inform you of any significant disruptions.

12. Service Level Agreement
    Fluencyedge™ commits to maintaining the Platform available 99% of the time each month, excluding scheduled maintenance periods. Users will be credited with additional subscription time if this service level is not met.

13. Monitoring and Enforcement
    Fluencyedge™ reserves the right to monitor usage patterns, including IP address tracking, to detect and prevent unauthorized sharing or unusual activities. If such activities are detected, Fluencyedge™ reserves the right to suspend or terminate the user’s account without prior notice.

14. Reporting Violations
    Users are encouraged to report any suspected unauthorized sharing or misuse of Content. Reports can be submitted via [insert reporting mechanism].

15. Complaints and Dispute Resolution
    In the event of a dispute, you must first submit a written complaint to Fluencyedge™. If the issue is not resolved to your satisfaction, you agree to participate in arbitration before pursuing any other legal action.

    • Arbitration Agreement:

      • Any claim, dispute, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this arbitration clause, shall be determined by arbitration. Fluencyedge™ reserves the right to arbitrate the dispute in either Panama or the United States, as deemed appropriate by Fluencyedge™.

      • Arbitration Policy: Fluencyedge™ gets to pick the arbitration policy and rules, and it is always at Fluencyedge™’s discretion.

      • Costs of Arbitration: The user who enters arbitration will be responsible for all costs during the arbitration period, including administrative and arbitrator’s fees.

      • Users agree that any dispute must be submitted to arbitration for a period of five (5) years before either party may proceed to litigation. Arbitration shall be conducted in English and, unless otherwise mutually agreed by both parties, shall be confidential.

16. Limitation of Liability
    Fluencyedge™ is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or services.

17. Legal Consequences for Unauthorized Use
    Unauthorized use of Content, either by the user or a third party, is a violation of applicable copyright and intellectual property laws. Fluencyedge™ reserves the right to pursue claims for damages, including but not limited to legal actions against violators.

18. Recording of Classes for Training Purposes
    Occasionally, lessons may be recorded for training purposes. These recordings are used internally to improve the quality of our services and will never be published without express permission. If you wish to opt out of being recorded, please inform our support team.

19. No Warranties; Exclusion of Liability; Indemnification
    The Platform is provided “as is” and “as available,” without warranties of any kind. Users agree to indemnify and hold harmless Fluencyedge™, its contractors, licensors, and their respective directors, officers, employees, and agents from any claims, damages, or expenses arising from their use of the Platform.

20. Refund Policy
    There are no refunds for services provided, regardless of the circumstances, except where legally required.

21. Third-Party Services
    The Platform may use third-party services for payment processing, data analytics, and other functions. Fluencyedge™ is not liable for the actions of these third-party providers.

22. System Requirements
    To access and use the Platform effectively, users must:

    • Have a compatible device with a modern web browser (e.g., Chrome, Firefox, Safari, or Edge).

    • Ensure a stable internet connection with a minimum speed of 5 Mbps.

    • Download and maintain the latest version of Zoom for conducting lessons.

23. Users are responsible for ensuring their systems meet these requirements.

24. Force Majeure
    Fluencyedge™ shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Fluencyedge™’s reasonable control, including pandemics, cyber-attacks, government actions, or significant data breaches.

25. Changes to Terms
    We reserve the right to modify these Terms at any time. Your continued use of the Platform after such changes take effect constitutes your acceptance of the new Terms.

26. Governing Law
    These Terms are governed by the laws of the State of Arkansas, without regard to its conflict of law provisions.

27. Severability
    If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

28. Notices
    Any notices or other communications required hereunder will be in writing and given by Fluencyedge™ via email (to the address that you provide) or through the Platform.

29. Integration
    These Terms constitute the entire agreement between you and Fluencyedge™ regarding the use of the Platform, superseding any prior agreements between you and Fluencyedge™ relating to your use of the Platform.

30. Acceptance of Terms
    BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE FLUENCYEDGE PLATFORM