By accessing or using the Fluentize website, app, Service, or any Lesson Plan Materials, you agree to be bound by these Terms of Use (the “Terms” or “Agreement”). If you do not agree to these Terms, you may not access or use the Service.
These Terms govern your use of the Service operated by Fluentize, LLC, a limited liability company organized under the laws of the Commonwealth of Pennsylvania (“Fluentize,” “Company,” “we,” “us,” or “our”).
We may modify these Terms at any time in our sole discretion. Changes become effective when posted unless otherwise stated. By continuing to access or use the Service after revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
The following definitions apply throughout these Terms of Use. Capitalized terms have the meanings set forth below, whether used in singular or plural form.
Fluentize provides ESL teaching tools and Lesson Plan Materials for educational use. You may access and use the Service only in accordance with these Terms and all applicable laws.
Our Service may reference, embed, or link to third-party content and websites, including YouTube and Google services. Use of those third-party services is governed by their own terms, conditions, and privacy policies. Fluentize does not control and does not guarantee the completeness, timeliness, availability, or accuracy of third-party content. You access and rely on such content at your own risk.
To create an Account, you must provide accurate, complete, and current information and keep that information updated. Failure to do so may constitute a breach of these Terms and may result in suspension or termination of your Account.
Activity conducted through an Account, including accessing, unlocking, downloading, or using Lesson Plan Materials, may be treated by Fluentize as activity associated with that Account.
You are responsible for safeguarding your password and for all activity that occurs under your Account. You must notify us promptly of any unauthorized use of your Account or any security breach.
You may not share your username, password, login credentials, or other account access information with any other person or entity without Fluentize’s prior written consent. This includes, but is not limited to, sharing access with other teachers, creating joint accounts, splitting subscription costs, or otherwise allowing multiple users to access a single Account.
Each Account is intended for use by a single individual or authorized entity only. The creation or use of shared Accounts, or any arrangement that allows multiple users to access the Service through a single Account without Fluentize’s consent, is strictly prohibited and may result in immediate termination of your Account without refund and may also subject you to legal action or other remedies available under applicable law.
Fluentize offers multi-teacher and organizational access through separate pricing packages, which must be arranged directly with us. Any use of the Service by multiple users without an appropriate multi-user agreement in place is not permitted.
Subject to your compliance with these Terms, Fluentize grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Service and any Lesson Plan Materials you lawfully obtain through the Service.
Unless Fluentize expressly authorizes otherwise in writing, your license is for your own teaching use with your own students or learners only.
No ownership rights are transferred to you. Fluentize and its licensors retain all right, title, and interest in and to the Service, Lesson Plan Materials, Content, methodology, features, functionality, and related intellectual property.
Fluentize may offer free Lesson Plan Materials, paid individual lesson purchases, Credit packages, and Subscription plans. Current prices may be listed on the Service in U.S. Dollars and may be changed at any time in our sole discretion.
Fluentize offers individual lesson access, 1-Credit, 5-Credit, and 10-Credit packages, as well as individual teacher Subscriptions and organization-level arrangements. A Credit may be redeemed for the available materials for one lesson, which may include a printable PDF, interactive PDF, Teacher Guide PDF, and, when available, a Google Slide E-Lesson.
Credits do not expire unless otherwise expressly stated by Fluentize.
You must provide accurate and complete billing information, including a valid payment method, to complete paid purchases. By submitting payment information, you authorize the applicable third-party payment processor to charge your selected payment method for your purchase and any authorized renewals.
All payment processing is handled by third-party payment providers, including Stripe and PayPal. Fluentize does not store full payment card details.
A Subscription provides access to Lesson Plan Materials only during the active Subscription period. Unless otherwise stated, a Subscription includes access to Lesson Plan Materials available at the time of purchase as well as materials added during the active Subscription term.
Access to digital Subscription content is provided immediately upon successful payment or account activation. Because Fluentize provides digital educational materials, a Subscription purchase is considered fulfilled once access has been granted to the Account, regardless of whether the User accesses, views, unlocks, downloads, or otherwise uses any Lesson Plan Materials.
All Fluentize Subscription plans automatically renew at the end of each Subscription period with the exception of payments made through PayPal. By purchasing a Subscription, you authorize Fluentize to charge the payment method associated with your Account for the applicable renewal fee at the end of each Subscription period unless you disable auto-renewal before the renewal date.
If you purchase a Subscription through a payment method for which automatic renewal is unavailable, auto-renewal may not apply. In such cases, your Subscription will expire at the end of the current Subscription period unless you manually purchase a new Subscription.
You may cancel a Subscription at any time by disabling auto-renewal in your Account settings or by contacting Fluentize.
Auto-renewal can be disabled within the “Credits, Subscriptions & Billing” section of your Account. Disabling auto-renewal effectively cancels your Subscription by preventing it from renewing at the end of the current Subscription period.
After auto-renewal has been disabled, your Subscription will remain active until the end of the current Subscription period, and you will continue to have access to the Service and Lesson Plan Materials during that time.
Cancellation of a Subscription prevents future renewal charges only. Cancellation does not entitle you to a refund, credit, partial reimbursement, or prorated refund for the current Subscription period, except where required by applicable law.
You are solely responsible for managing your Subscription, including monitoring your Subscription status, renewal date, payment method, billing information, and auto-renewal settings.
If you do not wish for your Subscription to renew automatically, you must disable auto-renewal before the applicable renewal date. Failure to cancel or disable auto-renewal before the renewal date will result in the Subscription automatically renewing and the applicable renewal fee being charged to your payment method on file.
Fluentize is not responsible for charges incurred due to a User's failure to cancel a Subscription, disable auto-renewal, monitor renewal dates, maintain accurate account information, review account settings, read renewal notices, or otherwise manage the Subscription.
Fluentize sends email reminders regarding upcoming Subscription renewals. Failure to receive a reminder email for any reason, including but not limited to spam filtering, email delivery failures, outdated contact information, technical issues, or any other circumstance, does not excuse, invalidate, or otherwise affect any renewal charge.
All purchases are final and non-refundable, including purchases of Credits, individual lessons, Lesson Plan Materials, Subscriptions, and Subscription renewals, except where required by applicable law.
Because Fluentize provides digital educational materials and immediate access to digital content, purchases are considered fulfilled once access to the purchased content or Subscription has been provided.
Cancellation of a Subscription does not entitle the User to a refund, credit, partial reimbursement, or prorated refund for any unused portion of the current Subscription period, except where required by applicable law.
No refunds, credits, partial reimbursements, or prorated refunds will be issued for Subscription renewal charges resulting from a User's failure to cancel or disable auto-renewal before the renewal date, except where required by applicable law.
A chargeback, unauthorized transaction claim, payment dispute, payment reversal request, or similar claim does not automatically entitle you to a refund, credit, reversal, or other compensation.
Refund eligibility, if any, will be determined solely in accordance with these Terms and applicable law.
If a chargeback, unauthorized transaction claim, payment dispute, payment reversal request, or similar claim relating to a purchase made through your Account is initiated, Fluentize reserves the right, to the fullest extent permitted by applicable law and in its sole discretion, to suspend, deactivate, or permanently terminate your Account and access to the Service, regardless of the outcome of the dispute.
In responding to any chargeback, payment dispute, unauthorized transaction claim, or similar claim, Fluentize may provide relevant records to payment processors, banks, card networks, dispute-resolution providers, legal authorities, or other appropriate parties. Such records may include account information, transaction records, Subscription status, purchase history, lesson access records, download activity, unlock activity, login activity, usage history, timestamps, IP address logs, and any other records reasonably related to the disputed transaction.
Fluentize reserves the right to modify prices, pricing structures, promotional offers, Subscription fees, Credit Package pricing, and other pricing-related terms at any time and in its sole discretion.
Fluentize is not required to provide advance notice of pricing changes unless required by applicable law.
Changes in pricing, promotions, Subscription fees, or Credit Package pricing do not entitle Users to refunds, credits, compensation, reimbursements, or retroactive pricing adjustments.
Fluentize reserves the right to change the status of any Lesson Plan Materials from free to paid or from paid to free at any time and in its sole discretion.
If Lesson Plan Materials previously offered free of charge later become paid content, Fluentize is under no obligation to continue providing access to such materials without payment.
If Lesson Plan Materials previously offered as paid content later become available free of charge, Fluentize is under no obligation to provide refunds, credits, or compensation for prior purchases.
Changes in the free or paid status of any Lesson Plan Materials do not entitle Users to refunds, credits, compensation, reimbursements, or retroactive pricing adjustments.
Fluentize reserves the right to modify, update, replace, discontinue, or permanently remove any Lesson Plan Materials, features, formats, or content from the Service at any time, with or without notice, and in its sole discretion.
Fluentize is not obligated to maintain any particular lesson, feature, format, version, or item of content, nor is Fluentize obligated to continue offering any Lesson Plan Materials that were previously available.
Fluentize is not obligated to provide access to previous versions of Lesson Plan Materials once they have been modified, updated, replaced, discontinued, or removed.
No refunds, credits, replacements, compensation, or reimbursements will be provided for Lesson Plan Materials that are modified, updated, replaced, discontinued, or removed, except where required by applicable law.
Users are responsible for downloading or backing up any Lesson Plan Materials they wish to retain, where downloading is available and permitted under these Terms.
Fluentize is not liable for any loss, inconvenience, inability to access, or unavailability of Lesson Plan Materials resulting from modifications, updates, replacements, discontinuation, removal, technical issues, account changes, or other circumstances affecting content availability.
Fluentize does not guarantee that every lesson includes a Google Slide E-Lesson or any particular format, feature, resource, or component. The materials included with a lesson are identified on the applicable lesson page, and Users are responsible for reviewing those materials before making a purchase or redeeming Credits.
Fluentize continuously develops and refines its Lesson Plan Materials. As a result, lessons may vary in format, structure, style, length, design, methodology, level of detail, and overall presentation.
Users acknowledge and agree that Lesson Plan Materials are not guaranteed to be uniform or consistent in format, structure, style, design, methodology, or presentation.
Fluentize regularly creates and publishes new Lesson Plan Materials. However, any references to expected release frequency, average publication rates, or anticipated content volumes are provided for informational purposes only and do not constitute a guarantee, commitment, or contractual obligation.
The number of lessons released during any particular week, month, year, or other period may vary. Fluentize does not guarantee that any specific quantity of Lesson Plan Materials will be released during any period.
Fluentize reserves the right to modify, delay, reduce, suspend, or discontinue the publication of new Lesson Plan Materials at any time, for any reason, with or without notice.
Except as expressly permitted by these Terms or by Fluentize in writing, you may not email, sell, share, post, upload, transfer, sublicense, link to, publicly distribute, or otherwise make available any Lesson Plan Materials or Content to any other person, school, business, organization, or entity, whether physically or electronically.
The only permitted sharing without separate written consent is your direct use of lawfully obtained Lesson Plan Materials with your own students or learners in the course of teaching.
Any commercial use of the Service or Lesson Plan Materials outside your own teaching use is prohibited. Unauthorized sharing, redistribution, resale, or other misuse may result in immediate suspension or termination without refund and may also result in legal action.
You may not modify, alter, adapt, or create derivative versions of Fluentize materials without prior written consent, except as expressly permitted in this Section.
You may edit Google Slide E-Lessons for your own personal teaching use with your own students or learners. Those edits may not be distributed, shared, sold, sublicensed, or otherwise used outside that permitted teaching use without Fluentize’s express authorization.
Any permitted edits do not transfer ownership or intellectual property rights to you, and Fluentize retains all rights in the original materials and underlying Content.
You are solely responsible for selecting Lesson Plan Materials, videos, and related content appropriate for your intended audience, including with respect to age, language proficiency, cultural sensitivity, subject matter, and educational goals.
Some embedded or linked third-party videos may contain profanity or other material that may not be appropriate for all audiences. Fluentize is not responsible for determining whether specific materials are suitable for your students, learners, or teaching environment.
Fluentize produces a high volume of Lesson Plan Materials and Content on an ongoing basis. While we strive to maintain high standards of accuracy and have proofreading processes in place, occasional grammatical, spelling, punctuation, or other errors may occur.
We make reasonable efforts to identify and correct such errors, but we do not guarantee that all Content or Lesson Plan Materials will be free from inaccuracies or mistakes.
We reserve the right to correct any errors or inaccuracies at any time, including after materials have been published or accessed.
Fluentize strives for accuracy and maintains proofreading processes, but does not guarantee that the Service or Lesson Plan Materials will be complete, current, uninterrupted, error-free, or suitable for every user’s preferences or expectations.
Products, descriptions, prices, availability, and features may contain errors, inaccuracies, or omissions and may be changed or corrected at any time without prior notice.
Fluentize does not provide refunds, redesigns, recreations, or compensation because a user dislikes, disagrees with, or would have preferred different lesson design, activities, wording, or content choices.
Fluentize is committed to maintaining a positive, respectful, and supportive environment for users and team members. We welcome constructive feedback and value opportunities to improve our materials and services.
By using the Service, you agree to communicate with Fluentize in a professional, respectful, and courteous manner across all channels, including email, support forms, live chat, website comments, and social media.
Fluentize may take action, including warnings, suspension, or termination of access, if communication or conduct is determined by Fluentize, in its sole discretion, to be inappropriate, including but not limited to:
If access is suspended or terminated for conduct violations, Fluentize may deny refunds for the remaining subscription period or unused Credits, to the extent permitted by applicable law.
Where the Service permits comments, submissions, or other user-provided content, Fluentize reserves the right to review, moderate, refuse, remove, or decline to publish such content in its sole discretion.
Comments should be constructive, respectful, and relevant. Fluentize may address concerns publicly or privately, including technical issues, account-specific matters, detected errors, or lengthy feedback requiring discretion.
You agree not to post, upload, submit, or transmit content that:
You may not use robots, spiders, scrapers, offline readers, or other automated systems to access the Service in a manner that sends more requests to Fluentize servers than a human could reasonably produce using a conventional web browser, unless Fluentize has expressly authorized such access in writing.
You may not interfere with, disrupt, or attempt to gain unauthorized access to the Service, its infrastructure, or related systems.
The Service, Lesson Plan Materials, Content, methodology, and all original features and functionality are and will remain the exclusive property of Fluentize and its licensors. The Service is protected by copyright, trademark, and other applicable laws. All Lesson Materials are the intellectual property of Fluentize.
Fluentize trademarks, trade names, logos, and trade dress may not be used without prior written permission. Third-party content remains the property of its respective owners, and Fluentize does not grant any license to such third-party content except as may be inherently necessary for ordinary use of the Service as permitted by these Terms.
The Service may contain links to or embedded content from third-party services, including YouTube and Google services. Fluentize does not host third-party videos on its own servers and does not control third-party availability, functionality, privacy practices, or content.
Some videos may be unavailable, removed, restricted by region, or otherwise inaccessible due to actions taken by third parties. Fluentize is not responsible for such unavailability and will not provide refunds or compensation on that basis except where required by applicable law.
If you have legal concerns regarding third-party hosted content, you should contact the applicable third-party owner, platform, host, or rights holder directly.
Access to the Service is provided under a limited, revocable license. Fluentize may suspend, restrict, or terminate your Account, license, or access to the Service, with or without notice, in its sole discretion, including for suspected misuse, unauthorized sharing, abusive conduct, violation of these Terms, or protection of Fluentize, its users, or third parties.
Upon suspension or termination, your right to access and use the affected portions of the Service immediately ends. Unless required by applicable law, Fluentize has no obligation to provide refunds, compensation, restored access, or continued availability of materials following suspension or termination for cause.
Your use of the Service is at your sole risk. The Service and Lesson Plan Materials are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and course of dealing or performance, to the fullest extent permitted by law.
Without limiting the foregoing, Fluentize does not warrant that the Service will be uninterrupted, secure, available at any specific time or place, error-free, free of viruses or harmful components, or that any defects will be corrected.
You are responsible for maintaining appropriate security protections, including current anti-virus and anti-malware software, when accessing the Service.
To the fullest extent permitted by applicable law, Fluentize and its directors, officers, employees, contractors, agents, affiliates, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, savings, use, data, or other intangible losses, arising out of or related to your access to, use of, inability to use, or reliance on the Service or Lesson Plan Materials.
This limitation applies whether the claim is based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not Fluentize has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Fluentize and its directors, officers, employees, contractors, agents, affiliates, licensors, and suppliers from and against any claims, liabilities, damages, losses, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) content or materials you post, upload, or transmit through or in connection with the Service.
These Terms and any dispute arising out of or relating to the Service or these Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles.
Any legal action or proceeding against Fluentize shall be brought exclusively in the state or federal courts located in, or nearest to, Northampton County, Pennsylvania, and you consent to the personal jurisdiction and venue of those courts.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
Fluentize’s failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
These Terms, together with the Privacy Policy and any additional written terms expressly incorporated by reference, constitute the entire agreement between you and Fluentize regarding the Service and supersede all prior or contemporaneous understandings relating to the same subject matter.
Your use of the Service is also subject to the Fluentize Privacy Policy, which is incorporated into these Terms by reference.
If you have questions about these Terms or the rights and restrictions described in them, you may contact Fluentize at support@fluentize.com.