Terms Of Use
This Terms of Use has been updated on Oct 4th, 2023
!Please read these Terms of Use carefully before using TEACHER AI!
TEACHER AI INC. (Legal address: 8 The Green, Dover, DE, 19901, USA, registration number: 16805) (hereinafter – «TEACHER AI», «We», «Us», «Our») website («Site»). These Terms of Service shall govern Your use of the https://yourteacher.ai/, https://talk.yourteacher.ai/ and any services, applications, tools, offline components, and features, provided by «TEACHER AI» (hereinafter – the «Services», «Website», «We», «Us») on any computer device or laptop computer, or another device (hereinafter – «Device»), by You as a User (hereinafter – «You», «User», or «Your») including the use of TEACHER AI application available on iOS and Android operating systems in the future.
These Terms of Use constitute a binding legal agreement between You and TEACHER AI. By creating a Personal account, whether through a mobile device or computer, You confirm that You have read, understand and agree to be bound by these Terms of Use, our Privacy Policy and our Cookie Policy, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed to by You if You purchase additional features, products or services we offer on the Service (collectively, this «Agreement»). If You do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may change these Terms of Service at any time without notice, effective upon their posting to the Website. Your continued use of TEACHER AI shall be considered Your acceptance of the Terms of Use. If You do not agree to these Terms of Use, please do not use the Service.
- TERMS AND DEFINITIONS
1.1. The following terms shall have the following meaning:
1.1.1. «Application» — a mobile application TEACHER AI that is available to the public for download from store platforms, including AppStore and Google Play;
1.1.2. «Personal Account» — shall mean an account made by You with TEACHER AI to use the Services;
1.1.3. «Service» or «Services» — access to Our Websites https://yourteacher.ai/, https://talk.yourteacher.ai/ and to the Application as well as Users’ subscription to any of Our services, products, applications, tools, offline components and features provided by our company, together with its affiliates, officers, directors, employees, agents, and subsidiaries;
1.1.4. «Subscription Fee» — a fee that you pay to use Our Services;
1.1.5. «Subscription Plan» — shall mean one of the different subscription packages through which You can use the Services;
1.1.6. «User» — an individual who accepts this Agreement on their behalf and has an account allowing access to Our Services;
1.1.7. «Website» — shall mean the websites https://yourteacher.ai/, https://talk.yourteacher.ai/ in addition to any pages in all sub-domains of the https://yourteacher.ai/, https://talk.yourteacher.ai/ websites. - SCOPE OF SERVICES
2.1. Through the use of TEACHER AI, the User can access the following Services:
2.1.1. We provide an AI-powered language tutoring platform;
2.1.2. You may not use Our Services for any unlawful purpose, nor may You violate any laws in Your jurisdiction (including but not limited to copyright laws);
2.1.3. Using Our Services requires an internet connection with proper hardware whose costs are independent of TEACHER AI;
2.1.4. We do not guarantee durability or uninterrupted access to the Services for the Internet browser or operating system You have chosen. TEACHER AI does not guarantee the compatibility of the Application when such operating system and/or browser is updated. TEACHER AI may optimize the Services for the updated operating system but does not undertake this as a commitment;
2.1.5. The availability of certain services within the Personal account depends on the type of Subscription plan selected and paid for by the User. Detailed information about the type of Subscription plan is available on the Websites https://yourteacher.ai/ and https://talk.yourteacher.ai/form-wizard. - ELIGIBILITY
3.1. You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
3.1.1. You can form a binding agreement with TEACHER AI;
3.1.2. You use Our Website and Services at Your sole option, discretion, and risk;
3.1.3. You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. - SCOPE OF LICENSE
4.1. Subject to Your full compliance with these Terms of Use and timely payment of all applicable fees for our Services, we hereby provide You, upon creation of Your Personal account and for as long as we wish to provide the Services to You, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use our Services and related Intellectual Property, solely as expressly permitted under these Terms of Use, and solely within the scope of our Services.
4.2. For the avoidance of doubt, these Terms of Use do not convey or solve any right or interest of TEACHER AI other than the limited license expressly granted above. Nothing in these Terms of Service constitutes an assignment or waiver of our intellectual property rights under any law or jurisdiction.
4.3. This license does not allow You to use the Services on any device that You do not rightfully control. You may not rent, lease, lend, sell, redistribute or sublicense the TEACHER AI. Any attempt to do so is a violation of Our rights as a licensor. If You breach this restriction, You may be subject to prosecution and damages. - INTELLECTUAL PROPERTY
5.1. All intellectual property in and to the TEACHER AI, which includes materials protected by copyright, trademark, or patent laws, is either owned or licensed to Us.
5.2. All content that We invented and created by Ourselves (except for Personal Data), including but not limited to any artwork, graphics, images, website templates and widgets, literary work including source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs (collectively the «Content») and any derivations thereof is Our intellectual property.
5.3. No licenses or rights are granted to You by implication or otherwise, under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms. - CREATING A PERSONAL ACCOUNT AND LOGIN
6.1. There are no age restrictions on our Website, however, if your jurisdiction establishes otherwise (there are age restrictions), then you must adhere to these boundaries.
6.2. To access and use certain sections and features of our Services, You must first register and create a Personal Account via Our Service.
6.3. You need to have a working email and provide Your full name for the Personal Account. You are responsible for maintaining the confidentiality of Your email credentials.
6.4. By registering and creating a Personal Account, You represent and warrant that you are fully capable and competent to enter into these Terms of Use and abide by them.
6.5. After registering, You can then log in to Your Personal Account on Our Website with the email and password You provided during the creation of the Personal Account. The information You give Us has to be accurate, current, and complete.
6.6. If You lose Your Personal Account password, it can be reset as long as You have control over the email address You used for registration. More information can be found on Our Website or by contacting customer support at hi@yourteacher.ai.
6.7. By Your registration at TEACHER AI, You further agree to:
6.7.1. Do not copy, modify, create derivative works from, download, adapt, reverse engineer, emulate, transfer to other services, translate, compile, decompile, or disassemble our Services or any part thereof;
6.7.2. Do not acquire keywords or domain names using the TEACHER AI or TEACHER AI trademarks, and/or variations and misspellings thereof, for search engines or other pay-per-click systems;
6.7.3. Do not provide information that is illegal, such as obscene materials or unacceptable content;
6.7.4. Do not probe, scan, or test the vulnerability of our Services or any network connected to our Services;
6.7.5. Not take any action that unreasonably or disproportionately stresses the infrastructure of the Services or the systems or networks connected to the Services, or otherwise interferes with or disrupts any of the Services or the servers or networks that host or make them available, or violates any requirements, procedures, policies or rules of such servers or networks;
6.7.6. Do not remove or modify any copyright notices, restrictions, or proprietary marks of any of Our licensors. - SUBSCRIPTION PLANS
7.1. After creating a Personal Account, You can use it with a subscription plan. The cost and features of each premium subscription plan are:
7.1.1. 1 month membership — 33 USD;
7.1.2. 6 months membership — 147 USD;
7.1.3. 12 months membership — 197 USD. - FEES AND PAYMENTS
8.1. Our features of the Service are offered on a subscription basis for a fee.
8.2. To the maximum extent permitted by applicable laws, We may change subscription fees at any time. We will give You reasonable notice of any such pricing changes by posting the new prices in Our Services. If You do not wish to pay the new fees, You can cancel the applicable subscription prior to the change going into effect. - REFUNDS
9.1. If you decide that our Service isn’t the right fit for you, you can request a full refund within 7 (seven) days of purchasing.
9.2. To request a refund, please contact us at hi@yourteacher.ai. Please be aware that by getting a refund, you will lose access to all the paid features of your subscription to our Services. - PAYMENT PROCESSOR
10.1. We use a third-party payment processor — Stripe. Their Privacy Policy can be viewed at https://stripe.com/privacy. Their Terms can be viewed at https://stripe.com/legal/spc.
10.2. We do not control and are not liable for the security or performance of the payment processor.
10.3. You agree to pay us all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. The valid currency for payment is USD.
10.4. We reserve the right to correct or instruct our payment processor to correct any errors or mistakes, even if payment has already been requested or received. - PRIVACY
11.1. To use the TEACHER AI, You may be asked to provide certain Personal Data. All the matters regarding Your Personal Data are governed by Our Privacy Policy and Cookie Policy, and You are giving Your consent to the collection of such information by using TEACHER AI; therefore, We recommend You and You should ensure that You have read the Privacy Policy and the Cookie Policy provisions carefully. - USER CONTENT AND RELATED USER OBLIGATIONS
12.1. You represent and warrant to us that:
12.1.1. You own all rights in and to any content uploaded by You, including any designs, images, animations, videos, audio files, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials (hereinafter – «Materials»).
12.1.2. Materials are valid, current, accurate, not infringing on the rights of third parties, and are in no way illegal for You to own, post, transmit, or display in the country in which You reside.
12.1.3. You agree not to share any sensitive information when receiving our Services. No inappropriate conversations. Treat our AI Teachers with respect, just as you would a real person. Avoid using inappropriate or toxic language.
12.1.4. You may not use the Services for any illegal or unauthorized purpose or generally in a manner that may affect or disrupt TEACHER AI’s reputation or business, in the sole judgment of the TEACHER AI evaluation team.
12.1.5. You agree not to disparage the reputation of TEACHER AI.
12.1.6. You acknowledge and agree that Your failure to comply with any of the above or any misrepresentation made by You herein may result in the immediate termination of Your Personal account and/or any Services provided to You by TEACHER AI — with or without further notice, and without refund of any amounts paid for such Services.
12.1.7. TEACHER AI is not responsible for the deletion, correction, destruction, damage, loss, or improper posting of any content.
12.1.8. TEACHER AI may deny Users access to the Services at its sole discretion, including, but not limited to, due to court decisions, etc. - DEACTIVATING AND DELETING AN ACCOUNT
13.1. A User can delete a Personal Account at any time.
13.2. These Terms survive the termination of a Personal Account.
13.3. To delete Your Personal Account, You must use this service in the settings section of Your Personal Account and confirm the deletion of the account.
13.4. Please note that if You decide to delete Your Personal Account, Your money for the subscription to Our Services is not refundable.
13.5. We will delete all of Your Account information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.
13.6. Please be advised that upon deleting a Personal Account, data created within Your Account will be deleted immediately and permanently and will not be recoverable thereafter even if You later decide to re-subscribe – You have to sign up again and start all over. - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
14.1. We are not responsible if the information made available on Our Website or/and Application is not accurate, complete, or current. Any reliance on the material on Our Website/Application is at Your own risk.
14.2. We reserve the right to modify the Services and contents of Our Website or/and Application at any time, but We have no obligation to update any information on Our Website and Services. Please review these Terms of Use periodically to stay informed of updates. We do Our best to publish any new information about the Services on the Website or by email.
14.3. At all times and without prior notice, we may make functional, procedural, or technical changes or improvements to Our Services. We may, but in no circumstances are obliged to, adjust, add, or remove any specific functionality. - LINKS
15.1. By using Our Services, You are able to follow different links to websites, applications, or other products or services (for example, we provide a link to Discord) operated by other companies (“Third-Party Services”). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms of Use (Conditions) and Privacy policies. We are not responsible for the content or policies of Third-Party Services, and You access such Third-Party Services at Your own risk. - MODIFICATIONS TO THE SERVICES AND SERVICE OUTAGE
16.1. We reserve the right to, temporarily or permanently, modify, suspend, or discontinue Our Services (or any part or respective content thereof) without prior notice.
16.2. We reserve the right to refuse access to the Services to anyone for any reason at any time. Explanations for the reasons for suspension or refusal of access may or may not be given depending on the circumstances and cannot be demanded from Us.
16.3. We shall not be liable to You or to any third party for any modification, price change, suspension, or discontinuance of the Services, Website, or content.
16.4. Any of the failures in the work of the Services, including, but not limited to, unexpected back-end under- or non-performance, power outages, fluctuations in Our networks, services outages caused by a User’s third-party data centres or Internet Service Providers’ (ISP) or a User’s preferred particular ISP’s servers, routers, networks, etc. failures or connectivity problems are considered as force majeure, for which TEACHER AI is not responsible and liable. - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
17.1. You can provide feedback, comments, suggestions, ideas, messages, or similar information (hereinafter – «Comments») on any appropriate sources, including, but not limited to, applications, posts, community, forums, social networks, email, etc.
17.2. You agree that Your Comments on any sources will not violate any right of TEACHER AI and/or any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right.
17.3. You further agree that Your Comments will not contain libellous or otherwise unlawful, abusive, or obscene material, and you may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any Comments.
17.4. You are responsible for any Comments You make and their accuracy. We reserve the right, at Our sole discretion, to require the deletion or tagging of any Comments from the platforms where You share Comments about TEACHER AI. - DISCLAIMER
18.1. Your use of any aspect of the Services is at Your own risk. We cannot and do not accept any liability in respect of any activities that You may undertake through using the Services.
18.2. The Services may not be available in all languages or all countries, and We make no representation that the functionality of the Services would be appropriate, accurate, or available for use in any particular location. The Services’ availability, pricing, and payment currency are subject to change.
18.3. Not intended for advice. Our AI teachers may make mistakes or give incorrect information. They are not meant to provide advice.
18.4. This disclaimer constitutes an essential part of these Terms of Use. - LIMITATION OF LIABILITY
19.1. To the maximum extent permitted by applicable law, under no circumstances, and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall We, Our affiliates, or any of Our or their employees, directors, officers, agents, vendors, or suppliers be liable to You or any third party for any personal injury, including death, or for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Services, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages.
19.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.
19.3. Any claims arising out of or in connection with Your use of the Services must be brought within six (6) months of the date of the event giving rise to such action occurring. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.
19.4. We hereby disclaim any and all liability to You or any third party relating to Your use of the Services. - INDEMNITY
20.1. You agree to defend, indemnify, and hold Us harmless, including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliated companies or organizations, and any successors, assigns, or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:
20.1.1. the breach of these Terms of Use by You or anyone using Your Device, password, or login information;
20.1.2. any claim, loss, or damage experienced from Your use or attempted use of (or inability to use) the Services;
20.1.3. Your violation of any law or regulation;
20.1.4. any other matter for which You are responsible under these Terms of Use or law. You agree that Your use of the Services shall comply with all applicable laws, regulations, and guidelines.
20.2. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with the Services and all negotiations for settlement or compromise. You agree to fully cooperate with Us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by Us. - TERMINATION
21.1. These Terms of Use are effective until terminated by either You or Us. Upon such termination, You will not be entitled to any refund for purchases. You may terminate these Terms of Use at any time, provided that You discontinue any further use of the Services. If You violate these Terms of Use, Our permission for You to use the Services automatically terminates.
21.2. We, however, may, in Our sole discretion, terminate these Terms of Use and Your access to Services at any time and for any reason, without penalty or liability to You or any third party.
21.3. In the event of Your breach of these Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us.
21.4. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement, and Severability. - CHOICE OF LAW AND DISPUTE RESOLUTION
22.1. These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of the State of Delaware, excluding conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with these Terms of Service, or the breach, termination, or invalidity thereof, shall be finally settled by courts located in the State of Delaware. - ENTIRE AGREEMENT
23.1. These Terms of Use and Privacy Policy constitute the entire agreement (the «Agreement») between You and Us about the subject matter hereof. Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use. - SEVERABILITY
24.1. If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. - ASSIGNABILITY
25.1. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Our prior written and explicit consent.
25.2. You agree that these Terms of Use, Privacy Policy, and/or the Agreement between You and Us, in general, may be assigned by Us, in Our sole discretion, to any third party. - NOTICES AND ELECTRONIC COMMUNICATION
26.1. Any notice or other communication under these Terms of Use shall be in writing and shall be considered given and received when sent by email. The language of the communication shall be English.
26.2. CONTACT US! Notices relating to these Terms of Use may be sent to You by email. Please submit any notices to Us relating to these Terms of Use via email to hi@yourteacher.ai.