Terms of Service
Effective Date: 14 May, 2025
Last Updated: 14 May, 2025
Welcome to SpeakPrac! These Terms of Service (“Terms”) govern your access to and use of the SpeakPrac website, mobile application (“App”), digital courses (“Course”), digital flashcards (“Digital Products”), newsletter, and any other services provided by Speakada LLC (collectively, the “Services”). Speakada LLC is referred to as “we,” “us,” or “our”.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
1. Description of Services
SpeakPrac provides resources to help English learners practice their speaking skills. Our Services include, but are not limited to:
- The SpeakPrac mobile and web application for AI-powered speaking practice.
- The free IELTS Speaking Course available on our website.
- Digital Products, such as Anki flashcards, available for purchase.
- The IELTS Speaking Tips newsletter and other informational content.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction to consent to use online services) to use the Services. To make a purchase, you must be at least 18 years old or have the permission of a parent or guardian. By using the Services, you represent and warrant that you meet these requirements.
3. Accounts and Registration
- Account Creation: To access certain features, such as the App, you must register for an account. You agree to provide accurate, current, and complete information and to keep this information updated.
- Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to comply with this obligation.
4. Intellectual Property and License to Use
- Our Content: The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of Speakada LLC and its licensors. This includes all course materials, videos, flashcard content and design, text, graphics, logos, and software. The Services are protected by copyright, trademark, and other laws.
- Limited License for Paid Digital Products: Your purchase of one of our Digital Products (e.g., Anki flashcards) constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for your own personal, non-commercial use and reference.
- Restrictions: You agree that under no circumstances shall you use, or permit to be used, any of our products other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
5. User Content and Recordings
- Your Content: You retain ownership of the content you create and upload to the App, including your audio Recordings and profile information (“User Content”).
- License to Us for Service Provision: By using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your User Content solely for the purposes of operating, developing, providing, and improving the App’s features for your personal use, such as generating AI feedback, tracking your progress, and personalizing your experience. This license does not permit us to make your User Content public.
- Responsibility: You are solely responsible for your User Content. You represent that you have all necessary rights to grant this license and that your content does not infringe on any third-party rights.
6. Community Features and Public Use of Content
SpeakPrac may offer features that allow you to share your User Content with others. Your participation in these features is entirely voluntary and requires your explicit, informed consent (opt-in).
- Opt-In Features: From time to time, we may invite you to participate in features such as:
- An in-app “Community Mode” where you can share selected Recordings and profile information with other users for peer feedback.
- An “Expert Review” or “Featured Student” program, where you can submit a recording for the chance to have it reviewed by our experts in public marketing materials, such as YouTube videos, blog posts, or newsletters.
- Explicit Consent: Before any of your User Content is made public through these features, we will present you with a clear request for consent. This request will specify exactly what information will be shared (e.g., your recording, display name, country), where it will be shared (e.g., on YouTube), and for what purpose (e.g., for a public feedback lesson). You are under no obligation to consent.
- Public Use License: If, and only if, you explicitly opt-in to one of these features, you grant us an additional, broader, worldwide, non-exclusive, royalty-free license to publicly display, perform, reproduce, distribute, and create derivative works from the specific User Content you agreed to share, for the purposes of operating and promoting the Services.
- Your Responsibility: You are responsible for the content you choose to share publicly. Do not share any content you would not want the public to see or hear. Even if you later withdraw your consent, we may not be able to remove content that has already been shared or copied by third parties.
7. AI Feedback and Accuracy Disclaimer
You acknowledge that feedback, scores (IELTS/CEFR), transcriptions, and suggestions provided by the App are generated by artificial intelligence (AI). While we strive for accuracy, this feedback:
- Is an estimation and may not perfectly reflect official IELTS/CEFR scoring.
- May contain inaccuracies.
- Should be used as a learning tool and guide, not as a definitive assessment.
- We are not liable for any inaccuracies in the AI-generated feedback.
8. Subscriptions, Purchases, and Refunds
We offer premium features through subscriptions (“SpeakPrac Pro”) and one-time purchases of Digital Products (e.g., Anki Flashcards).
8.1. App Subscriptions and Free Trials (SpeakPrac Pro)
- Free Trials: We may offer a Free Trial for SpeakPrac Pro. You may be required to provide payment details to start a trial. UNLESS YOU CANCEL BEFORE THE END OF THE FREE TRIAL, YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION, AND YOUR PAYMENT METHOD WILL BE CHARGED for the subscription plan you selected.
- Billing and Automatic Renewal: Subscriptions are billed on a recurring basis (e.g., monthly, yearly). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL IT through your account settings or the relevant platform’s subscription management (e.g., Google Play Store) before the end of the current period.
- Cancellation: You can cancel your subscription at any time. The cancellation will take effect at the end of your current billing period.
- Subscription Refunds: Subscription fees are generally non-refundable. We do not provide refunds or credits for any partial subscription periods, except as required by law.
8.2. Digital Products (Anki Flashcards)
- Purchases: The purchase of Digital Products, such as Anki flashcard decks, is a one-time transaction processed through our third-party payment processor (e.g., Stripe).
- Refund Policy for Digital Products: We stand behind our products and your satisfaction with them is important to us. However, because our Digital Products are delivered via internet download, we generally offer no refunds. This is because it is impossible for you to return the product to us. We will, however, consider refunds on a case-by-case basis if you find that a product is Significantly Not as Described. To request a refund on this basis, you must email us at support@speakprac.com within 7 days of your purchase with a detailed explanation of the issue. Refund requests are handled on a case-by-case basis and are issued at our sole discretion.
9. Prohibited Conduct
You agree not to use the Services to:
- Violate any law or regulation.
- Infringe on any third-party rights, including intellectual property.
- Upload or share any content that is unlawful, harmful, defamatory, or obscene.
- Interfere with the security or operation of the Services.
- Attempt to reverse-engineer any part of the Services.
10. Termination
We may suspend or terminate your access to the Services at our sole discretion, without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
11. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPEAKADA LLC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, USA. Any disputes arising from these Terms shall be resolved by binding arbitration in Cheyenne, Wyoming, as detailed in our full arbitration agreement, which includes a waiver of jury trials and class actions.
13. Changes to Terms
We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days’ notice. Your continued use of the Services after revisions become effective constitutes your agreement to the new terms.
14. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: support@speakprac.com
- Name: Speakada LLC
- Address: 30 N Gould St, STE 4000 Sheridan, WY 82801, United States