ENGLISH HACKERS

Terms of Service

Last updated: September 8, 2026

DRAFT FOR REVIEW. Not legal advice. Do not publish until the founder confirms the legal entity name, notice address, and contact email, and a licensed attorney has reviewed this document.

Please read these Terms of Service (the "Terms") carefully. They form a legally binding agreement between you and the operator of the English Hackers service, currently doing business as English Hackers ("Company," "we," "us," or "our"). These Terms govern your access to and use of the website currently at https://talk.englishhackers.com, related pages, mobile browser access, voice conversations, accounts, subscriptions, minute packs, and any other products or services we offer (collectively, the "Services").

By creating an account, checking a box indicating that you agree, tapping a button that says you agree, starting a voice conversation, or otherwise using the Services, you agree to these Terms and to our Privacy Policy and Disclaimers, which are incorporated by reference. If you do not agree, do not create an account and do not use the Services.

The English version of these Terms controls. We may later provide Portuguese or Japanese convenience translations. If a translation differs, the English text governs.

1. Who we are

The Services are a voice-first language practice room. Students talk with AI tutors in American English, Brazilian Portuguese, or Japanese, after work with a living teacher outside this app. We are not a school in the diploma sense, not a law firm, not a licensed language-testing body, and not the owner of ACTFL, CEFR, IELTS, or TOEIC.

The contracting legal entity that owns the Services is to be confirmed on the live Service before these Terms are published. Until then, notices may be sent to the address in Section 31.

2. Eligibility and accounts

You must be at least 13 years old to use the Services. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use.

The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have, we will delete the account and related identifiable information as described in the Privacy Policy.

You must provide a valid email address and keep your password confidential. You are responsible for activity under your account. Notify us promptly of any unauthorized use.

One person per account. You may not share login credentials or sell access.

3. The Services

The Services include, as we make them available:

• an account, setup of your stronger language and tutor, and a Talk room you start yourself;
• a required first spoken conversation on each language track you add, and later check-ins on that track;
• live voice conversation with an AI tutor, a transcript of that conversation, and a short practice note after regular Talk;
• a private learning path and progress display;
• optional paste of class notes or teacher materials;
• a trial of speaking minutes, paid monthly minutes, and optional minute packs;
• account, billing, and history pages.

We may change features, tutors, models, tracks, or availability. We do not promise that any particular tutor, voice, or feature will remain available.

Talk does not start until you tap Start. Minutes begin when a live session is running and stop when the session ends, including when we end an idle session.

4. Voice conversations, recordings, and transcripts

The Services work by listening and speaking. When you use Talk or any other spoken feature, we capture and generate Voice Data.

"Voice Data" means, to the extent collected or created in connection with your use of the Services: (a) audio of your voice and of the tutor; (b) transcripts, captions, and automated speech-to-text output; (c) session records, practice notes, placement results, and progress derived from those conversations; (d) words, phrases, and other linguistic artifacts extracted from those conversations; and (e) related technical logs reasonably needed to operate, debug, or secure a session.

By creating an account, agreeing to these Terms, or starting a conversation, you instruct and authorize us to:

1. record, transcribe, store, reproduce, and process Voice Data;
2. use Voice Data to operate, maintain, personalize, and improve the Services, including placement, progress, practice notes, curriculum, and support;
3. use Voice Data to train, evaluate, fine-tune, test, and develop our models, prompts, teaching systems, speech systems, and related technologies, including through subprocessors that provide speech and language processing;
4. create de-identified, aggregated, anonymized, or derived materials from Voice Data.

You grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, process, transcribe, analyze, adapt, and otherwise use Voice Data for the purposes in this Section 4. Trained models, model weights, embeddings, evaluations, benchmarks, and other derived materials are Company's sole property. This license survives termination of your account as to Voice Data that has been de-identified or incorporated into trained models or derived materials.

We retain identifiable Voice Data for an extended period. We currently retain it for the life of your account and for seven (7) years after the later of (i) closure of your account or (ii) your last session, unless a longer period is required by law, needed to resolve a dispute, or supported by a legitimate interest in training, security, or the operation of the Services. We may retain de-identified Voice Data, aggregated materials, and trained models indefinitely.

You consent to the recording of your voice. Do not start a session if other people can be overheard unless they have consented. You represent that you have the right to speak the content you speak, and that Voice Data does not infringe anyone else's rights.

A request to delete your account is handled under the Privacy Policy. We will delete identifiable Voice Data from our production systems where required by law. We do not promise to extract your contribution from a trained model or from de-identified materials.

5. Student materials you paste or upload

If you paste class notes, teacher comments, call transcripts, or other materials into the Services, you represent that you have the right to provide them. You grant Company a worldwide, royalty-free, sublicensable license to host, process, and use that content to provide the Services to you, including injecting it into a session, and to improve the Services as described in Section 4 to the extent that content is mixed with Voice Data.

Do not paste other people's confidential information, exam content you are not allowed to share, or material you do not have permission to use. Live paste during Talk may debit speaking minutes after you confirm, as shown in the product at the time of the paste.

6. Intellectual property

The Services, including software, tutors, prompts, curriculum, skill paths, teaching methods, graphics, the English Hackers, English Tutor, and Fearless English names, and all related intellectual property, are owned by Company or our licensors. We grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Services for your own language practice, subject to these Terms.

You may not copy, scrape, harvest, reverse engineer, or republish the Services, the tutor instructions, the curriculum, or session logs, except as the law expressly allows. You may not use the Services to build a competing tutor, course, or speech model.

If you send feedback, you grant us a non-exclusive, royalty-free, perpetual license to use it without obligation to you.

7. Acceptable use

You agree not to:

• use the Services if you are under 13, or if you are under 18 without a parent or guardian's agreement;
• impersonate anyone, or create an account for someone else without authority;
• harass, threaten, or sexually exploit the tutors or other people, or attempt to jailbreak the tutor into producing illegal content;
• upload malware, attempt to probe or disrupt the Services, or circumvent minute metering, idle-end, or payment;
• record, share, or publish another student's content, or any tutor prompt or system instruction you are not meant to have;
• use automated means to create accounts, mine transcripts, or extract teaching materials at scale;
• use the Services to practice or produce content that is illegal in your jurisdiction or in the United States.

We may suspend or terminate accounts that violate this section.

8. Trial, subscriptions, minutes, and packs

We may offer a one-time trial of speaking minutes, paid monthly plans that include a pool of minutes, and one-time packs of additional minutes. Current public offers, when available, are a trial of thirty (30) minutes, a monthly plan of two (2) hours for thirty U.S. dollars ($30), a monthly plan of four (4) hours for sixty U.S. dollars ($60), and a pack of two (2) hours for forty U.S. dollars ($40). We may change offers going forward. Hidden or legacy prices may exist for existing subscribers.

Minutes measure live talking time on the Services, as our systems record it, including time until an idle session is ended. Unused monthly minutes do not roll into the next period unless we say so at purchase. Pack minutes are standing credit for talking time. They do not pay a subscription invoice and they are not a cash balance.

Monthly plans renew automatically at the then-current rate until you cancel, and you authorize us and our payment processor to charge your payment method on each renewal. Cancel through the billing portal or by contacting us. Cancellation stops future renewals. It does not, by itself, refund the current period.

Taxes may apply. Displayed prices may be exclusive of tax.

9. Refunds and cancellations

Refunds are governed by the policy stated at checkout for that product, and by applicable law.

Except where a stated policy provides otherwise, where we fail to provide access to the paid Services, or where a longer period is required by law:

• requests involving unused paid minutes must be made within thirty (30) days of the charge;
• minutes already used, including trial minutes and idle-ended time that ran while a session was live, are not refundable;
• pack minutes that have been consumed are not refundable.

Chargebacks opened without first contacting us may result in suspension of the account.

10. Third-party services

The Services depend on third parties, including speech and language model providers, hosting, authentication, email, and payment processors. We do not control those providers. Your use of a third-party checkout or wallet is also subject to that provider's terms. A failure or change at a provider may interrupt Talk, transcripts, or billing.

11. Artificial intelligence; no professional advice

Tutors are artificial-intelligence systems. They can mishear you, invent a spelling, choose the wrong word, or be confidently wrong. Output is practice, not a certified assessment, not medical or legal advice, and not a substitute for a living teacher.

You are responsible for how you use what you practice. Do not rely on a tutor for emergency help, immigration advice, or any professional opinion.

12. Proficiency labels

We may show names such as Novice Low, Intermediate Mid, or Superior, and we may show a quiet comparison to other exam names. Those labels are ours. They are not official ACTFL, CEFR, IELTS, TOEIC, or other scores. They are not a certificate you can present to a school or employer as an official result.

13. Disclaimers of warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE IN EVERY COUNTRY, THAT SPEECH RECOGNITION WILL BE ACCURATE, OR THAT YOU WILL REACH ANY LEVEL OF FLUENCY.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES (THE "COMPANY PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FAILED SESSIONS, INCORRECT TRANSCRIPTS, OR MODEL OUTPUT.

THE COMPANY PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).

Some places do not allow certain limits. There, these limits apply to the maximum extent permitted. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where that limitation is forbidden.

15. Indemnification

You agree to defend, indemnify, and hold the Company Parties harmless from claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your Voice Data or pasted materials, your violation of law or of a third party's rights, or your misuse of the Services.

16. Privacy

Your use of the Services is also governed by our Privacy Policy. It explains Voice Data, subprocessors, retention, and how to make a request.

17. Copyright complaints (DMCA)

If you believe material on the Services infringes a copyright you own or control, send a written notice to our designated Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you claim is infringing and enough detail to locate it; (d) your name, address, telephone number, and email; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Designated Copyright Agent (draft): English Hackers, 8850 S 700 E Unit 56, Sandy, UT 84091. Email: hello@mail.englishhackers.com.

We may remove material and, in appropriate circumstances, terminate repeat infringers. If you believe your material was removed in error, you may send a written counter-notice to the same agent.

18. Electronic communications and signatures

You consent to receive notices electronically, at the email on your account and by posting in the Services. Electronic agreements, including checking a box or tapping Agree, satisfy any legal requirement that an agreement be in writing. We may keep a record of the time, version, and account associated with your agreement.

19. Suspension and termination

You may stop using the Services and request account closure as described in the Privacy Policy.

We may suspend or terminate access if we reasonably believe you have violated these Terms, if payment fails, if we are required to by law, or to protect the Services or others. Provisions that by their nature should survive, including Sections 4, 5, 6, 13, 14, 15, 24, and 25, will survive.

20. Changes to the Services or these Terms

We may update these Terms by posting a revised version with a new "Last updated" date. Material changes to Voice Data use will also be presented for agreement before you start a new conversation, when the live product includes that gate. Continued use after the effective date, or a new agreement tap, is acceptance of the revised Terms.

21. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including outages at speech, hosting, payment, or internet providers, natural disasters, pandemics, or government action.

22. Assignment

Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or otherwise. You may not assign your rights without our prior written consent.

23. Export and sanctions

You represent that you are not prohibited from using the Services under U.S. export or sanctions law, and that you will not use the Services in a prohibited jurisdiction.

24. Governing law

These Terms and any dispute arising out of them are governed by the laws of the State of Utah, without regard to conflict-of-law principles, except to the extent superseded by U.S. federal law, including the Federal Arbitration Act.

25. Dispute resolution; informal resolution first; binding individual arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal resolution first. Before starting arbitration or any other formal proceeding, the complaining party must give the other written notice of the dispute and allow thirty (30) days to resolve it informally. Your Notice of Dispute must include your name, address, email, a description of the dispute, and the relief you seek, and be sent to English Hackers, 8850 S 700 E Unit 56, Sandy, UT 84091, with a copy to hello@mail.englishhackers.com. Any applicable statute of limitations and filing deadlines are tolled during this 30-day period.

(b) Binding individual arbitration. If the dispute is not resolved within 30 days, you and Company agree that any dispute arising out of or relating to the Services or these Terms (a "Dispute"), whether based in contract, tort, statute, or any other theory, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator, rather than in court. If you use the Services as a consumer, the AAA Consumer Arbitration Rules apply; otherwise the AAA Commercial Arbitration Rules apply, including the Expedited Procedures for claims under $75,000. The current rules are available at adr.org.

(c) Exceptions. Either party may instead (i) bring an individual claim in small-claims court if it qualifies, or (ii) seek injunctive or other equitable relief in court for the actual or threatened infringement or misuse of intellectual-property rights.

(d) Venue. Unless the parties agree otherwise, arbitration hearings will be held in Salt Lake County, Utah. If you are a consumer, you may elect to proceed in your county of residence.

(e) Authority of the arbitrator. The Federal Arbitration Act governs this section. The arbitrator has exclusive authority to resolve questions of arbitrability and to award any relief a court could award on an individual basis, and may not consolidate claims or preside over any class or representative proceeding.

(f) Fees. AAA fees follow its schedules. If you are a consumer and you commence arbitration, you pay the consumer filing fee and Company pays the remaining AAA fees; for non-consumer claims the parties share AAA fees as its rules provide. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator provides otherwise.

(g) Class-action and jury-trial waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A TRIAL BY JURY.

(h) Mass or coordinated filings. If 25 or more similar arbitration demands are filed on a coordinated basis by or with the assistance of the same counsel or organization, the parties agree the demands will be batched and resolved in staged proceedings, and Company may instead elect to have such coordinated claims resolved in a court of competent jurisdiction.

(i) 30-day opt-out. You may opt out of this arbitration agreement by sending a signed written notice stating that you opt out, with your name and address, to the address in subsection (a) within thirty (30) days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts sitting in Salt Lake County, Utah, but still only on an individual basis.

(j) Severability. If any part of this Section 25 is held unenforceable, that part is severed and the rest remains in effect, except that if the class-action waiver is held unenforceable as to any claim, that claim must proceed in court and is severed from arbitration. Claims for public injunctive relief are likewise heard in court. The state and federal courts sitting in Salt Lake County, Utah, have exclusive jurisdiction to enforce any arbitration award.

26. International use

The Services are operated from the United States. If you use them from Brazil, Japan, the European Economic Area, or anywhere else, you do so on your own initiative and are responsible for local law. You consent to the transfer of your information to the United States as described in the Privacy Policy.

27. Apple, Google, and browser platforms

If you access the Services through a browser on an Apple or Google device, that platform provider is not a party to these Terms and is not responsible for the Services. In-app purchases, if we ever offer them through a store, will be disclosed at that time. Today, paid minutes are sold on the website through our payment processor.

28. Entire agreement; severability; waiver

These Terms, together with the Privacy Policy and Disclaimers, are the entire agreement between you and Company regarding the Services. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

29. Beta and early access

Features marked as trial, early, or in development may be unstable. They are provided as-is and may be withdrawn.

30. Government users

If you are using the Services on behalf of a government body, the Services are commercial computer software and related documentation, and your rights are only those granted to all other users under these Terms.

31. Contact us

English Hackers
8850 S 700 E Unit 56
Sandy, UT 84091
Email: hello@mail.englishhackers.com

Questions about these Terms, Voice Data, or your account can be sent to that address.