Terms of Service — AIdioms

1. Agreement to these terms

These Terms of Service (the "Terms") are a binding agreement between you and Spelunking Bash Digital Products LLC, a limited liability company organized in the State of New Mexico, United States ("AIdioms", "we", "us", or "our"). "AIdioms" is a trade name of Spelunking Bash Digital Products LLC. They govern your access to and use of the AIdiomswebsite, applications, and related services (collectively, the "Service").

By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Eligibility. The Service is intended solely for individuals who are at least 18 years old. By using the Service you represent that you are 18 or older, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of the United States or your jurisdiction.

2. Changes to these terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by email or through the Service before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may close your account.

3. The Service

AIdioms is an English-language learning platform that uses artificial intelligence to generate lessons, exercises, audio, and personalized assessments by proficiency level. References to the Common European Framework of Reference for Languages (CEFR) are used only as a pedagogical benchmark and do not confer any official certification.

AI-generated content. Educational content and evaluations (including pronunciation, fluency, and writing feedback) are produced automatically by artificial-intelligence systems. We work to keep the content accurate and pedagogically sound, but we do not warrant that it is correct, complete, or free of errors, and it is not a substitute for instruction or assessment by a qualified teacher. You are responsible for exercising your own judgment about the content.

4. Eligibility; the Service is not offered to U.S. persons

The Service is offered only to individuals who are at least 18 years old and who can form a binding contract with us.

The Service is not offered to, and may not be used by, United States persons. A "United States person" means a citizen or resident of the United States, a person located in the United States or its territories, or an entity organized under the laws of the United States or any U.S. state. By creating an account you represent and warrant that you are not a United States person and that you are not accessing or using the Service from within the United States. We do not target the United States market, do not solicit United States customers, and the availability of the Service in any location is not an offer or solicitation where such offer or solicitation is unlawful or not intended.

We may refuse, suspend, or terminate any account that we reasonably believe belongs to a United States person or is being used from within the United States, and — for a paid subscription — refund the unused portion and close the account. You agree to promptly notify us if your circumstances change such that this representation is no longer accurate.

5. Accounts and registration

• You must provide accurate and current information when you register and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• You may maintain only one personal account, and you may not share it or transfer it to anyone else.
• Notify us promptly at support@aidioms.app if you suspect unauthorized use of your account.

6. Acceptable use

You agree that you will not:

• Use the Service for any unlawful, infringing, harmful, or fraudulent purpose;
• Access or attempt to access another user's account or data;
• Probe, scan, or attempt to circumvent the Service's security or access controls;
• Interfere with or disrupt the Service, its infrastructure, or other users;
• Scrape, harvest, or systematically extract data from the Service, or use it to build a competing product or to train a machine-learning model, without our prior written permission;
• Reverse engineer or attempt to derive source code from the Service except to the extent this restriction is prohibited by law;
• Upload malicious code or submit content that is unlawful, defamatory, harassing, hateful, or infringes the rights of others;
• Misrepresent your identity or affiliation, or use automated means to create accounts.

We may investigate suspected violations and may suspend or terminate access to protect the Service or other users.

7. Your content

"Your Content" means the text, voice recordings, answers, and other material you submit to the Service. You retain ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit Your Content solely to operate, secure, and improve the Service and to provide it to you — including transmitting it to the third-party providers described in section 10.

Voice recordings submitted for Speaking exercises are processed for real-time evaluation and are not retained after processing; only the resulting score and text transcript are stored, as described in the Privacy Policy. You represent that you have the rights necessary to submit Your Content and that it does not violate these Terms or the rights of any third party.

8. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without restriction, attribution, or compensation to you.

9. Intellectual property and license to you

The Service, including its software, design, text, graphics, and the curriculum structure, and all related intellectual-property rights, are owned by us or our licensors. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and the AI-generated content delivered to you for your own personal, non-commercial language learning.

You may not reproduce, distribute, publicly display, or create derivative works from the Service or its content for commercial purposes without our written permission. "AIdioms", the AIdioms logo, and related marks are our trademarks; you may not use them without our prior written consent.

10. Third-party services

The Service relies on third-party providers, including Supabase (database and authentication), Vercel (hosting), Anthropic and Google (AI content generation and evaluation), and Stripe (payment processing). Your use of the Service involves transmitting content to these providers as needed to process your requests, subject to their terms and privacy practices. We are not responsible for third-party services, and their availability or changes may affect the Service.

11. Sponsored content

Some educational content may be contextualized with sponsor brands in a transparent manner. Sponsored content is reviewed and approved by our team before publication. Audience relevance (such as level and interests) is used only to determine pedagogical fit; sponsors do not receive individually identifiable information about you. See the Privacy Policy for details.

12. Paid subscriptions, billing, free access, and rewards

Parts of the Service are currently free. We may introduce paid plans or features. If you purchase a paid plan:

• Payments are processed by our third-party payment processor; you authorize us and the processor to charge your payment method for the fees and applicable taxes.
• Unless stated otherwise, subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• We will give advance notice of price changes affecting a renewal. Continued use after a price change takes effect constitutes acceptance of the new price.
• Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods.
• Beta pricing is provisional and may change. Where we require it, changes affecting paid access will be communicated in advance.
• Promotional prices, launch or "founding member" discounts, and discount coupons apply only for the period stated at the time you subscribe. Unless the offer says otherwise, the price returns to the then-current standard price at the next renewal.

Free access weeks, referrals, and points

• We may grant weeks of free access to the paid parts of the Service — for example an introductory free period, a referral reward, or a reward redeemed with points earned on the platform. Free weeks defer the date your paid billing begins or, for an existing subscriber, extend the current paid period by the same amount; they have no cash value and are not redeemable for money.
• Referrals. When someone signs up through your referral link and reaches a qualifying activity (currently completing the placement test or a first lesson), you receive one free week. Referral rewards are limited to 4 per rolling 30-day period and 12 in total per account. Rewards are not granted for referrals we determine, in our reasonable judgment, to be self-referral or otherwise not genuine (including sign-ups sharing your network or device, or made with disposable or duplicate email addresses).
• Points. Points earned through learning activity may be redeemed for a free week at the published rate (currently 1,000 points for one week), limited to one redemption per rolling 30-day period. Points have no cash value, cannot be transferred or purchased, and may expire or be adjusted if we correct an error or reverse activity that violated these terms.
• These reward programs are promotional and offered at our discretion. We may change the earn rates, redemption rates, caps, qualifying activities, or availability, or end a program, at any time, with notice where required. We may withhold or reverse rewards obtained through abuse, automation, or misrepresentation, and may suspend participation for accounts we reasonably believe are abusing a program. Where a reward is mentioned in our marketing, the full conditions in this section apply.

13. Beta / early access

The Service is offered as a beta (early-access) product. By using it during this period you acknowledge that:

• It is provided on an "as is" and "as available" basis, without warranties of availability, performance, or freedom from errors;
• Features, lessons, the curriculum structure, and the user interface may be added, changed, or removed at any time without prior notice;
• The Service may be unavailable or interrupted for maintenance, updates, or data migrations, and there is no formal uptime or support service-level commitment;
• Pricing and plans are not final and may change;
• We aim to preserve your account and learning progress, but during the beta period we cannot guarantee against data loss;
• Feedback you send about the beta may be used to improve the Service as described in section 8.

14. Disclaimer of warranties

The Service and all content are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, secure, timely, or error-free, or that content or evaluations will be accurate or produce any particular learning outcome.

The Service is an educational tool and does not provide professional, legal, medical, or other advice. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, we and our officers, members, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) USD 100.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify and hold harmless Spelunking Bash Digital Products LLC and its officers, members, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Content, your use of the Service, or your violation of these Terms or of any law or third-party right.

17. Term and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service. On termination, your license to use the Service ends. Sections that by their nature should survive termination — including sections 7 (as to license granted), 7, 8, 13, 14, 15, 17, and 18 — will survive.

18. Dispute resolution; binding arbitration; class-action waiver

Informal resolution first. Before starting a formal proceeding, you agree to contact us at support@aidioms.app and attempt in good faith to resolve the dispute informally for at least 60 days.

Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, and may proceed in writing or by video where the rules allow. Judgment on the award may be entered in any court with jurisdiction.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and we waive any right to participate in a class, collective, or representative proceeding.

Exceptions. Either party may bring an individual claim in small- claims court, or seek injunctive relief in court to protect intellectual-property rights.

Opt-out. You may opt out of this arbitration agreement by emailing support@aidioms.app within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.

This section does not apply where binding pre-dispute arbitration or a class-action waiver is prohibited by the law of your jurisdiction. Consumers protected by such laws (including many consumers in the EEA, the United Kingdom, and Brazil) retain the right to bring proceedings in their local courts and under their local law.

19. Governing law and venue

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules, and by applicable United States federal law. For any dispute not subject to arbitration, the state and federal courts located in Bernalillo County, New Mexico will have exclusive jurisdiction, and you consent to their jurisdiction and venue — except where your local consumer law grants you the right to your local courts.

20. Export controls and sanctions

You represent that you are not located in, and are not a national or resident of, a country or region subject to comprehensive United States sanctions, and that you are not on any United States government restricted-party list. You agree to comply with all applicable export-control and sanctions laws in your use of the Service.

21. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to our designated agent: Spelunking Bash Digital Products LLC, Attn: Copyright Agent, 1209 Mountain Road Pl NE, Suite R, Albuquerque, NM 87110, United States, or support@aidioms.app. We may remove allegedly infringing content and terminate repeat infringers. You may submit a counter-notice if content you posted was removed in error.

22. Changes to the Service

We may change, suspend, or discontinue any part of the Service at any time. We are not liable to you or any third party for doing so, subject to sections 12 and 15.

23. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may give notice by email or through the Service. You may contact us at support@aidioms.app.
• Electronic communications. You consent to receive communications from us electronically.
• Relationship. No agency, partnership, or employment relationship is created by these Terms. There are no third-party beneficiaries.

24. Contact

Questions about these Terms, or beta feedback: support@aidioms.app

Spelunking Bash Digital Products LLC
1209 Mountain Road Pl NE, Suite R
Albuquerque, NM 87110
United States