Last updated: September 4, 2026
These Terms of Service and our Privacy Policy are meant to be read together. Users and Institutional Accounts in Mexico are also covered by the Mexico Regional Addendum, which controls where it is more specific or more protective.
By accessing or using FluenTea's language learning platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. See Section 18 for how we notify you of material changes to these Terms.
Permission is granted to temporarily access and use FluenTea for personal, non-commercial purposes. This is the grant of a license, not a transfer of title, and under this license you may not:
Institutional Accounts (Section 5) are granted permission to access and use FluenTea for authorized educational, training, and instructional purposes, including commercial instructional delivery, subject to Section 5 and any applicable written agreement between FluenTea and the Institutional Account. This license does not extend to reselling, sublicensing, or repackaging the Service itself as a standalone product.
When you create an account, or are provisioned an account by an Institutional Account on your behalf, you must provide information that is accurate, complete, and current at all times, and you are responsible for safeguarding your password and all activity under your account.
You must be at least 16 years old to create a self-service account. If you are between 16 and the age of legal majority in your jurisdiction (typically 18), a parent or legal guardian must accept these Terms on your behalf as the binding contracting party.
Where a school or educational Institutional Account provisions accounts on behalf of students, the following applies by age, reflecting what US and applicable state law require at each band rather than a single uniform rule:
This consent is institution-level, not collected individually from each student beyond what is described above. An Institutional Account's acceptance of these Terms and satisfaction of the applicable age-band requirement constitutes consent on behalf of the Users it provisions; FluenTea does not separately seek consent from each student.
This framework applies where US law (COPPA/FERPA) is the relevant standard. It does not apply in Mexico. See the Mexico Regional Addendum, which requires documented parent or guardian consent for every Mexican student under 18, with no institutional-consent shortcut at any age band. Other regional addenda will similarly override this section where a jurisdiction's law requires a different approach.
Users may post, upload, or otherwise contribute content to the Service. You retain ownership of your content, but grant us a license to use, store, and share your content as necessary to provide the Service.
You are solely responsible for all content that you post, upload, display, share (including through screen sharing in calls, sessions, and channels), stream, or otherwise transmit while using the Service (“User Content”), and for compliance with all laws that apply to your User Content. You represent and warrant that you own your User Content or have obtained all rights, licenses, and consents necessary to use it on the Service, and that it does not infringe any third party's rights.
You agree not to:
Users who are reported for inappropriate behavior or who use the platform outside its intended purpose may have their accounts suspended or removed at our sole discretion. We reserve the right to investigate reports of misconduct and take appropriate action to maintain a safe environment for all users.
Day-to-day enforcement of conduct standards among an Institutional Account's own Admins, Facilitators, and Users is that Institutional Account's responsibility, not FluenTea's. FluenTea's own suspension authority under this section is reserved for platform-level violations (illegal conduct, security threats, or conduct endangering the Service or other users), not routine internal disciplinary matters.
This section applies to institutional accounts, including schools, universities, corporations, and other organizations, that have activated ChaCha's AI observation features (each, an “Institutional Account”). By activating these features, an Institutional Account accepts this section on behalf of its administrators (“Admins”), the individuals who lead sessions on its behalf (“Facilitators,” including teachers, instructors, corporate trainers, and coaches), and session participants (“Users”). These protections apply equally across all Institutional Account types.
ChaCha's session insights are limited to observations about speaking and communication-skills practice, derived from session transcripts. FluenTea does not evaluate, and ChaCha is not designed to evaluate, a Facilitator's overall teaching or training ability, pedagogy, or session management. ChaCha's prompting has been affirmatively reviewed and does not instruct the system to detect or infer emotional or affective state; observations are limited to objective, behavioral, text-derived signals (for example, speaking-time distribution and question patterns). FluenTea does not process audio or video to infer emotion, attention, or affect in workplace or educational settings, consistent with Article 5(1)(f) of the EU AI Act.
ChaCha's output is intended to inform, not replace, human judgment, consistent with the right not to be subject to a decision based solely on automated processing under applicable law (for example, Article 22 GDPR). No output generated by ChaCha may be the sole or primary basis for any personnel action, including reprimand, discipline, non-renewal, or termination. This limitation applies to ChaCha's interpretive output (its flags, generated feedback, and observed patterns) and does not limit an Institutional Account's use of factual or operational data it maintains independently of ChaCha, such as attendance records.
Any use of ChaCha's output in connection with a performance-related conversation follows a human-in-the-loop process: a qualified reviewer examines the underlying session before treating any observation as meaningful, the relevant Facilitator gets access to that observation before any related coaching conversation, and formal action requires a documented pattern across multiple independent reviews rather than a single flagged session.
ChaCha does not generate an aggregate score, rating, or pass/fail judgment for any session or individual, and does not characterize a session or Facilitator as “successful” or “unsuccessful.”
An Institutional Account's decision to activate ChaCha's AI observation features constitutes that account's consent to this section on behalf of its Facilitators and Users. This is a single institutional decision, not individualized consent collected from each Facilitator or User (see also Section 3.3). FluenTea does not provide a mechanism for individual Facilitators or Users to disable these features while the Institutional Account remains active; the Institutional Account's Admin is responsible for how these features are used within its own organization.
FluenTea will disclose, prominently and on an ongoing basis, that ChaCha's insights are AI-generated and not a substitute for human evaluation. Sessions subject to these features are disclosed to Facilitators and Users at the start of each session.
An Institutional Account's Admins have access to the same ChaCha-generated insights delivered to that account's Facilitators and Users. FluenTea also provides a reporting channel, independent of an Institutional Account's own administration, for concerns about misuse of ChaCha's output.
An Institutional Account engaging FluenTea at scale may execute a separate written Order Form, Master Service Agreement, or Data Processing Addendum with FluenTea. In the event of a conflict, that written agreement supplements and, where inconsistent, supersedes this Section 5 for that Institutional Account.
For data retention, session-transcript privacy, education-records (FERPA), and biometric-data commitments related to this section, see our Privacy Policy.
You have the right to opt out of recording features. Before any audio or video recording begins, or immediately upon joining a session already being recorded, you will receive clear notice (a visual banner and, where practical, a verbal announcement). If you do not want to be recorded, you may turn off your camera and microphone or leave the session.
Our legal basis for this varies by jurisdiction. In the United States, your continued participation after notice constitutes consent, consistent with applicable state law. In the European Economic Area and UK, we rely on our legitimate interest in providing the Service and, where applicable, performance of our contract with you, rather than consent, consistent with GDPR's stricter definition of that term. In Mexico, notice satisfies the applicable standard because this data is not “sensitive personal data” under the LFPDPPP.
Recording and session-feature decisions are governed by the Institutional Account under Section 5.5's institutional opt-in model. This is a blanket institutional decision, not an individual opt-in collected per student. The same notice-based mechanic in 6.1 applies at the session level: notice is shown at the start of each session consistent with Section 5.6's disclosure requirement, and continued participation constitutes consent.
For what data is collected, how long it is retained (including transcript retention and recording retention), and whether it is used to improve or train FluenTea's models (including the institutional opt-in for model training), see our Privacy Policy.
If your plan is offered on a subscription basis, it may renew automatically at the end of each billing period unless canceled beforehand. Where a plan auto-renews, we will provide notice as required by applicable law before the renewal charge, and we will provide a mechanism to cancel that is at least as easy as the process used to sign up.
Billing terms are governed by the applicable written agreement under Section 5.8.
Your use of the Service is also governed by our Privacy Policy. For Institutional Accounts operating across multiple jurisdictions, cross-border data handling terms specific to that engagement will be confirmed in the applicable written agreement prior to program start.
The Service and its content, features, and functionality remain the exclusive property of FluenTea and its licensors.
You may not post, upload, share, or reproduce through the Service any copyrighted material, trademark, or proprietary information without the owner's consent. FluenTea does not review or approve the materials users choose to teach, train, or study with, and is not responsible for determining whether they are properly licensed.
FluenTea does not own or claim any curriculum, training program, or instructional methodology used by an Institutional Account. Facilitators retain full academic and instructional freedom to select, teach, present, and use instructional resources during live sessions, with the Institutional Account and its Facilitators responsible for applicable licensing and copyright compliance. FluenTea makes no claim to any textbook, manual, or publisher content used in an Institutional Account's sessions; FluenTea's platform may capture transcriptions of conversations that reference such materials, but this data is used solely to generate feedback and is not a reproduction of the materials themselves.
You may not use ChaCha's output, insights, or feedback to develop, train, or improve any AI model or product that competes with FluenTea's Service.
FluenTea responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), and with corresponding notice-and-takedown procedures under other applicable laws, including Articles 114 Septies–114 Octies of Mexico's Federal Copyright Law (Ley Federal del Derecho de Autor).
If you believe that content available on the Service infringes your copyright, please send a written notice to our copyright agent at legal@fluentea.com that includes:
Upon receipt of a valid notice, we may remove or disable access to the identified material and will make reasonable efforts to notify the user who provided it, who may submit a counter-notification as permitted by law.
Repeat infringer policy. We will, in appropriate circumstances, terminate the accounts of users determined to be repeat infringers, and may remove content, limit access, or terminate any account that infringes third-party IP rights, whether or not repeated. Knowingly submitting a materially false notice or counter-notification may result in liability under applicable law.
Each party will protect the other's confidential information (including an Institutional Account's non-public usage data and FluenTea's non-public product and pricing information) using at least a reasonable standard of care, and will use it only to perform under these Terms or an applicable written agreement. This section does not restrict disclosures required by law.
We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms. Upon deletion of your account, we will delete your personal data, except where retention is required by law, to resolve a dispute, or to enforce our agreements. See our Privacy Policy for specific retention periods.
Except for illegal conduct, security threats, non-payment, or other material breach, FluenTea will provide written notice and a reasonable opportunity to cure (no less than 15 days, unless a shorter period is needed to prevent harm) before suspending or terminating access. Upon an Institutional Account's request made within 30 days of termination, FluenTea will provide an export of that account's data or certify its deletion, except where retention is required by law (see our Privacy Policy, Children's Privacy and School-Provisioned Accounts section).
The Service is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Except for either party's indemnification obligations, breach of confidentiality, or liability arising from gross negligence, willful misconduct, or death or personal injury caused by negligence (which are not limited by this section), each party's total aggregate liability arising out of these Terms will not exceed the greater of (a) the fees paid by you or your Institutional Account to FluenTea in the 12 months preceding the claim, or (b) $100. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data.
Any dispute arising from these Terms will be resolved by binding, individual arbitration rather than in court, except that either party may bring an individual claim in small claims court, and FluenTea may seek injunctive relief in court to protect its intellectual property. You may opt out of this arbitration agreement by emailing legal@fluentea.com within 30 days of first accepting these Terms. By agreeing to arbitration, you and FluenTea each waive the right to a jury trial and to participate in a class action or class arbitration.
This section does not apply to Institutional Accounts. Disputes with an Institutional Account are governed by its applicable written agreement with FluenTea.
These Terms are governed by the laws of the State of Ohio, USA, without regard to conflict-of-law principles. Subject to Section 15, the state and federal courts located in Hamilton County, Ohio have exclusive jurisdiction over any dispute not subject to arbitration.
Force Majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
Assignment. FluenTea may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without FluenTea's consent.
Export Control. You represent that you are not located in, and will not use the Service in, a country or in a manner subject to U.S. export or sanctions restrictions.
Electronic Communications. You consent to receive communications from us electronically.
Severability; Entire Agreement. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with our Privacy Policy and any applicable written agreement, constitute the entire agreement between you and FluenTea.
We may modify these Terms at any time. For material changes, we will: (1) notify all users by email, describing the changes in plain, itemized language; (2) require affirmative acceptance (“click to accept”) at next login before continued use of the Service; and (3) maintain a dated record of each user's acceptance as an audit trail. Non-material changes take effect upon posting. Changes to Section 15 take effect no sooner than 7 days after notice is posted.
If you have any questions about these Terms, please contact us at:
Email: legal@fluentea.com
Address: FluenTea Inc., Cincinnati, OH, USA