Terms and Conditions

These Terms and Conditions govern your usage of the AceFluency website, application and service. By using or visiting AceFluency website and application, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use AceFluency website or application.

For the purpose of these Terms and Conditions, wherever the context so requires “You” or “User” or “Buyer” shall mean any natural or legal person who has agreed to use the services of the Platform whereas the term “We”, “Us”, “Our” shall mean AceFluency. The use of the website or service by the customer shall mean that he/she agrees with our Terms and Conditions. Moreover, if you have any questions regarding our Terms and Conditions, please refer to the end of this document for information on how to contact us.

Conduct and Platform Guidelines

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of AceFluency or its trainers or otherwise tarnish or dilute any AceFluency's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
• You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of AceFluency and / or others.
• You will not interfere with the ability of others to access or use the Services.
• You will not disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the website, app or the Services.
• You will not claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship.
• You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• You agree that you will treat the trainers with respect and not use obscenities during the sessions, make threats, or discuss matters other than those directly related to English learning and communication exercise which the trainer is conducting. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
• You agree that any misbehavior or disrespectful conduct, threats, obscenities or unprofessional behavior will make you liable for immediate termination of your subscription including but not limited to stoppage of all your sessions at the sole discretion of AceFluency management.
• You agree that you will treat the AceFluency trainers and other co-learners with respect and would not use any inappropriate, vulgar, abusive, offensive or threatening language.
• Classes, voice rooms and calls may be recorded to ensure teaching quality standards, community guidelines compliance & maintain a safe learning environment and to provide and enhance AI based learning solutions.
• By accessing or participating in any session on the Platform, including one-to-one calls, peer-to-peer practice calls, group discussions, communication or community groups, and live or one-on-one classes (collectively, “Sessions”), you acknowledge and expressly consent that AceFluency and/or its authorised service providers, including third-party technology and artificial intelligence providers acting on its behalf and under appropriate confidentiality obligations, may record, transcribe, store, analyse and otherwise process the audio, video, text and other content of such Sessions (“Session Data”) for the following purposes:
  1. generating automated and/or trainer-assisted feedback on your language learning and communication skills;
  2. quality assurance, internal training, and monitoring of trainer and user conduct;
  3. investigating complaints, safety concerns, misconduct or breaches of these Terms and Conditions; and
  4. maintaining, improving and developing the Services.
  Session Data shall be processed in accordance with our Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023, and retained only for so long as is reasonably necessary for the purposes set out above or as required by law. Where you participate in a Session with other users or trainers, you acknowledge that the Session may be recorded and processed as described in this clause. If you do not consent to such recording and processing, you should not participate in Sessions.
• AceFluency uses automated systems, including artificial intelligence and machine learning technologies (“AI Tools”), to analyse Session Data and other usage information in order to provide feedback, scores, assessments, recommendations and learning-progress reports (“AI Outputs”). You acknowledge and agree that:
  1. AI Outputs are generated by automated means, are provided solely for informational and educational purposes, and may be inaccurate, incomplete, inconsistent or otherwise erroneous;
  2. AI Outputs do not constitute a formal certification, professional evaluation, or guarantee of language proficiency, employability or any particular learning outcome;
  3. you are responsible for exercising your own judgement in relying on any AI Output, and may seek clarification from a trainer where appropriate;
  4. AceFluency makes no representation or warranty, express or implied, as to the accuracy, reliability or suitability of any AI Output and, to the maximum extent permitted by applicable law, shall not be liable for any loss or damage arising from reliance on any AI Output; and
  5. AceFluency may modify, suspend or discontinue any AI Tool or AI Output at any time without notice.
  This clause shall be read together with, and without prejudice to, the Disclaimer of Warranties and Limitation of Liability sections of these Terms and Conditions.
• The content on the AceFluency website or app is for your personal and non-commercial use. You agree not to download, share, duplicate, reproduce, alter, copy, encode, translate, transmit, distribute, display, publish, license, create derived works from or obtained from, the AceFluency App, website or its services and you must not even assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
• You may only access the site, app and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for any such incident or for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
• Some content offered on the platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the platform may not be appropriate for viewership by children for which parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the platform.
• The Gender Filter is an optional paid feature that allows a User to indicate a preference to be connected, through the Platform's calling feature, with other Users of a particular gender (“Gender Filter”). By purchasing or using the Gender Filter, you acknowledge and agree that:
  1. the Gender Filter operates on a best-efforts basis only, and AceFluency does not guarantee that any call or session will be connected with a User of your preferred gender;
  2. the availability of matches depends on factors beyond AceFluency's control, including the number of Users of the preferred gender who are online, available and eligible to be matched at the relevant time;
  3. where a match with a User of your preferred gender is not available within a reasonable time, AceFluency may, at its discretion, connect you with any available User, place you in a waiting queue, or inform you that no match is currently available;
  4. the gender of a User is as declared by that User on the Platform, and AceFluency does not independently verify, and makes no representation or warranty as to, the accuracy of any such declaration;
  5. the unavailability of a match, a delay in matching, or a connection with a User of a gender other than your preference shall not constitute a deficiency in service and shall not entitle you to any refund, credit, extension of validity or compensation, subject to the Refund and Cancellation Policy set out in these Terms and Conditions; and
  6. AceFluency may modify, suspend or discontinue the Gender Filter, or change its matching criteria, at any time in accordance with these Terms and Conditions.
• AceFluency offers various membership plans, subscriptions and add-on features, each of which includes only the specific benefits expressly stated in its description on the Platform at the time of purchase (“Plan Description”). You acknowledge and agree that:
  1. the regular membership plan does not include the Gender Plus benefits, the Gender Filter feature, or any other premium or add-on feature unless such feature is expressly listed in the Plan Description of the plan purchased;
  2. Gender Plus benefits and any other premium features are available only through separate purchase or through plans whose Plan Description expressly includes them;
  3. it is your sole responsibility to carefully read and understand the Plan Description, including the features included and excluded, the validity period, and any usage limits, before completing a purchase;
  4. no feature, benefit or entitlement shall be deemed to be included in any plan by implication, from marketing material, or from the features available under any other plan; and
  5. a purchase made without reviewing the Plan Description, or a misunderstanding of the benefits included in a plan, shall not entitle you to any refund, upgrade, cancellation or compensation, subject to the Refund and Cancellation Policy set out in these Terms and Conditions.
• AceFluency is a publicly available platform and is not responsible for the conduct of any User, on or off the Platform. If any User behaves inappropriately or violates your privacy, please report it through the app or at contact@acefluency.com, and AceFluency will take such action as it deems appropriate, including suspension or termination of the User's account.
• Users who would get negative remarks from other users regarding any harassment, abuse, verbal spats or vulgarity will loose partial or complete access of app features.

Communications

When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Subscription Service. We may communicate with you by e-mail, SMS, phone call, WhatsApp or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize AceFluency, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, WhatsApp or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by AceFluency and its affiliates. These communications may be made by or on behalf of AceFluency, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with AceFluency as it constitutes availing their services, and you agree to be responsible for all such charges, and AceFluency will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email, WhatsApp or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by AceFluency and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.

Please note that –

1. If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below by using the option enabled within the Platform; and
2. opting out of promotional communications only affects future communications from us. If we have already provided your information to a third party (as stated in our Privacy Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
3. We do not sell your Personal Information to third parties

Further, in respect of interactions between Users - AceFluency is only an intermediary between Users on the Platform, but AceFluency has clearly laid out the terms and guidelines a User must follow in their conduct on the Platform as part of the Platform Terms; and if AceFluency receives from any User a complaint of misconduct against you, in any form, or if AceFluency otherwise deems necessary, AceFluency reserves the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.

You acknowledge that any User-generated Content (including without limitation any Content Provider Content, chats, postings, or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Content published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Content uploaded by you on the Platform, or that you have the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated Content on the Platform.

Disclaimer of Warranties

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. AceFluency does not warrant that:

• This Platform will be constantly available, or available at all; or
• The information on this platform is complete, true, accurate or non-misleading.

AceFluency will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. AceFluency does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third-party sites. Neither we nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or trainers) liable for any instruction, advice or services delivered which originated through the site, through our trainers, any verification service or in connection with the company content, the services or any portion thereof.

Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages.

Limitation of Liability

In no event shall AceFluency be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms and Conditions, even if user has been informed in advance of the possibility of such damages. AceFluency's total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.

AceFluency does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third-party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third-party Platforms of our affiliated companies and certain other businesses for which, AceFluency assumes no responsibility for examining or evaluating the products and services offered by them. AceFluency do not warrant the offerings of, any of these businesses or individuals or the content of such third-party Platform(s). AceFluency does not endorse, in any way, any third-party Platform(s) or content thereof.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Payment

• All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
• All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
• Payment Facility provided by AceFluency is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. The Buyer should acknowledge that AceFluency will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of AceFluency.
• AceFluency reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer AceFluency or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by you and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.

Referral Program – Terms and Conditions

1. Eligibility

• Users must have an account on the AceFluency application to be eligible for the Program.

2. Unique Referral Link

• Users must use the referral link provided in the application which must be shared with other people to track referrals. This link will be created when they create an account on the application.
• Only purchases made by people who've installed AceFluency through the unique referral link will be eligible for commission.

3. Commission Structure

• Users will receive a 10% commission on the pre-GST revenue for every eligible purchase made through their referral link.
• The pre-GST revenue is calculated based on the original plan price before any discounts are applied.
• Example: Suppose a specific plan is listed at Rs. 1899 on our application. If a student applies a 10% discount, purchasing the plan for Rs. 1710, the pre-GST revenue would be Rs. 1402. The User is entitled to a 10% commission on this amount, totalling Rs. 140.

4. Commission Duration

• Users are entitled to receive commissions for a period of six (6) months from the date of account creation of the student.
• Commissions are applicable only for spoken English-related plans; digital marketing, video editing, MS Excel, or any other unrelated courses are excluded.

6. Advertising Usage

• If a video performs well, the Company may request permission to use it for advertising purposes.
• The User's name, channel details, and photo may be used on landing pages related to the Program.
• In case a creator wants to get their details removed, they can email us on contact@acefluency.com and necessary actions will be taken at company's earliest convenience.

7. Unethical Selling Practices

• Users are strictly prohibited from engaging in any form of unethical selling practices to promote AceFluency plans.
• Unethical selling practices include but are not limited to false advertising, misleading claims, or any activity that may damage the reputation of AceFluency.
• The Company reserves the right to investigate and terminate a User's participation in the Program if unethical selling practices are identified.
• If a User is found to be in violation of this clause, commissions may be forfeited, and legal action may be pursued if deemed necessary.

8. Termination

• The Company reserves the right to terminate a User's participation in the Program at any time for violation of these terms.

9. Changes to Terms

• The Company reserves the right to modify, suspend, or terminate the Program or these terms at any time. Users will be notified of any changes.

10. Disputes

• Any disputes arising from the Program will be resolved by mutual agreement between the Company and the User.
• The Company reserves the final right to make any decisions regarding disputes.

11. Payments

• Payments will be made on a monthly basis and will be released by 10th of consecutive month.
• Any payment that is less than Rs. 200 will not be released and will be added in the consecutive month's amount.
• After the completion of every month, AceFluency will calculate referral payment of that month in the 1^st10 days of the next month. To all users who are eligible for the payment as per referral program, AceFluency will send email to them to share their payment details. If we don't get reply within 14 days from the initial email sent then the referral amount would be canceled.
• TDS would be applicable as per the rules set by Government of India.

By participating in the AceFluency Referral Program, the User acknowledges and agrees to abide by these terms and conditions.

Communications

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communication via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Refund and Cancellation Policy

Fee once paid will not be refunded in any circumstances. Similarly, no cancellation is permitted on the plans you purchased. You will have to consume all the sessions within the plan validity duration and any request regarding cancellation, refund or extending validity will not be entertained.

Non-Transferrability

The sessions you buy through any package on AceFluency app are for the specific individual and cannot be transferred to any other individual or individuals.

Live Sessions

• Any Batch change or timing change request won't be entertained once user has enrolled for a particular live session.
• Non-availability of the trainer for the live session due to any personal exigency will be communicated to you well in advance. We will make sure to arrange the same session either with another trainer or with the same trainer at some other time slot. AceFluency will not be held liable and accountable for any monetary compensation in that case.
• In case we discontinue any batch, then user will be refunded the fees on the prorated basis as per the number of sessions attended. AceFluency's total liability to you under this agreement shall not exceed transactional value for the relevant transaction which results in the liability.
• Membership/Group live classes and Live trainer rooms' count may vary upon the overall students' response in that particular time slot, trainer availability and change in policy of the company.

Free Benefits

• To maintain the equal balance of male and female user participation minutes we may provide additional free minutes to the users of gender who would be less on the app. Also, users who have higher ratings and good track record on app may be given additional benefits or bonuses.

Privacy Policy

Please review our Privacy Policy, which also governs your use of our Platform to understand our privacy practices. Any personal information provided to us by you during the course of usage of Platform will be treated in accordance with our Privacy Policy and applicable laws and regulations. If you object to your information being collected, used, transferred or otherwise processed by us, please do not use the Platform.

Modifications to the Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms and Conditions will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

Changes to This Document

AceFluency reserves the right to change these Terms and Conditions from time to time with or without notice to you at our sole discretion. It is your responsibility to review these Terms and Conditions periodically for updates / changes. The most current version of the Terms and Conditions will supersede all previous versions. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.

How to Contact Us

If you have any questions or suggestions regarding our Terms and Conditions, please contact us by email at: contact@acefluency.com.