Terms of Service

Terms of Service

Last updated: April 2, 2026

1. Scope and Provider Identity

These Terms of Service (“Terms”) govern access to and use of Fluent Up, operated by Camilo Andres Verdugo Gunther, Roonstrasse 23a, 76137 Karlsruhe, Germany (“Provider”, “we”, “us”).

These Terms apply to both:

  • Business customers (for example independent educators, trainers, and academy operators), and
  • Consumers, where legally applicable.

By using Fluent Up, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the service.

2. Offer Stages and Contract Formation

2.1 Pre-launch waitlist (non-binding)

Pre-launch registration (including founding cohort or early-access forms) is a non-binding waitlist reservation only. It does not create a paid subscription contract and does not create a payment obligation.

2.2 Launch invitations and paid subscriptions

When paid plans become available, plan details (scope, limits, billing cycle, setup fees, and taxes) are presented before checkout. A binding contract is formed only when:

  • You submit an order for a paid plan, and
  • We accept the order by confirmation email or by activating paid access.

3. Eligibility and Account Registration

To use Fluent Up, you must:

  • Be at least 16 years old (or use the service with required parental/guardian consent where applicable),
  • Have legal capacity to enter contracts, and
  • Provide accurate, current account information.

You are responsible for keeping login credentials confidential and for all activity under your account.

4. Service Description and Plan Limitations

Fluent Up is an educator-focused language platform that may include:

  • AI-assisted lesson and drill generation,
  • Practice tools (for example shadowing, active recall, grammar/vocabulary drills),
  • Student and cohort progress analytics,
  • Branded academy features, and
  • Optional white-label or migration support features in higher tiers.

Plan features and limits (for example student caps, AI generation quotas, support SLAs, branding level, and concierge setup services) depend on the selected plan.

Unless explicitly stated otherwise, pre-launch plan descriptions are informational and may be reasonably adjusted before public launch.

5. Fees, Billing, Taxes, and Payment Providers

5.1 Pre-launch stage

Where the offering states “no payment required now,” no charge is collected at waitlist sign-up.

5.2 Post-launch paid stage

Paid subscriptions and any one-time fees are charged only after contract formation under Section 2.2.

Unless mandatory law requires otherwise:

  • Subscription fees are billed in advance for the selected billing period,
  • Renewals occur per the selected plan until canceled, and
  • Price and billing terms are shown before purchase.

5.3 Taxes

Where applicable, invoicing follows German tax law. If the Provider applies the small-business regime under Section 19 UStG, VAT is not separately shown on invoices.

5.4 Payment processors

Payments may be processed via third-party payment providers (for example PayPal). These providers process payment data as independent controllers under their own legal terms.

6. Cancellation, Termination, and Consumer Withdrawal

6.1 Cancellation by customer

You may cancel paid subscriptions in your account settings or by contacting contact@fluent-up.com. Cancellation takes effect at the end of the current paid term unless stated otherwise in your plan.

6.2 Termination by Provider

We may suspend or terminate access for material breach, unlawful conduct, fraud, security risks, or serious abuse of the service.

6.3 Consumer withdrawal rights (EU)

If you are an EU consumer, statutory withdrawal rights apply where required by law. For digital services/content, withdrawal rights may expire early once performance begins, but only where legally valid consent/acknowledgment steps were properly collected.

Nothing in these Terms limits mandatory consumer rights.

7. Intellectual Property and User Content

7.1 Provider IP

The platform, software, trademarks, branding, and service materials are owned by us or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable right to use Fluent Up during your valid access period in accordance with these Terms.

7.2 AI-assisted content

AI-assisted outputs are provided for language-learning purposes. They may contain inaccuracies. You remain responsible for reviewing outputs before educational or commercial use.

7.3 User content

You retain ownership of your submitted content. You grant us a non-exclusive license to host, process, reproduce, and display such content solely to operate, secure, and improve Fluent Up.

You warrant that you have rights to upload your content and that it does not infringe third-party rights.

8. Acceptable Use and Enforcement

You must not:

  • Use the service for unlawful, fraudulent, or abusive purposes,
  • Attempt unauthorized access, reverse engineering, disruption, or security testing without permission,
  • Upload malicious code or spam,
  • Infringe intellectual property or privacy rights of others,
  • Share credentials to bypass plan limits.

We may apply proportional enforcement measures, including warning, feature restrictions, suspension, or termination.

Fluent Up is provided within technical and operational limits. Temporary interruptions, maintenance windows, and feature changes may occur.

To the extent permitted by law:

  • We are liable without limitation in cases of intent and gross negligence,
  • In cases of slight negligence, liability is limited to breach of essential contractual obligations and foreseeable typical damages,
  • We are not liable for indirect or consequential damages unless mandatory law requires otherwise.

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury,
  • Fraud,
  • Claims under product liability law, or
  • Any other liability that cannot legally be excluded.

10. Governing Law, Consumer Protections, and Disputes

These Terms are governed by German law, excluding conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG), except where mandatory consumer protection law provides otherwise.

If you are an EU consumer, you also benefit from mandatory protections of your country of residence.

For merchants (Kaufleute) and business customers, the place of jurisdiction is Karlsruhe, Germany, where legally permissible.

The European Commission ODR platform is available at https://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in consumer arbitration proceedings before a consumer arbitration board.

11. Changes to Terms and Contact

We may update these Terms for legal, technical, or business reasons. Material changes will be communicated appropriately (for example by email or in-product notice). Continued use after the effective date constitutes acceptance of updated Terms unless mandatory law requires additional consent.

For questions about these Terms, contact contact@fluent-up.com.