Terms of Use

By agreeing to these Terms, creating an account or otherwise using the Service, the Account Holder agrees to be bound by these Terms, as they are amended from time to time, and our Privacy Policy located at speaktionary.ca/privacy-policy. If you do not agree, do not use the Service.

Accounts are created and controlled by an adult parent, guardian, tutor or other authorized adult (the “Account Holder”) who may authorize children (“Learners”) to use their account. Learners do not create separate accounts. The Account Holder is responsible for keeping credentials secure, for authorizing a Learner’s use of the Service and for all account activity. Where meaningful consent must be provided on behalf of a Learner, the Account Holder represents and warrants that they are the parent/guardian or otherwise authorized to provide that consent.

Speaktionary is an educational support tool intended to assist vocabulary, pronunciation and learning practice. It is not a school, accredited educational institution, diagnostic service, medical service or substitute for professional educational assessment. Results and pronunciation scoring are learning aids and may not be error-free.

Users must not misuse the Service, attempt unauthorized access, interfere with security, scrape or copy the Service at scale, reverse engineer where prohibited, use the Service to violate law or third-party rights, or use automated means that impose an unreasonable load on, or interfere with the proper working of, the Service.

Accounts may be shared within a household or, in the case of a tutor, with the tutor’s students during the tutor’s lessons, subject to fair use as determined by Speaktionary in its sole discretion. Speaktionary may limit, suspend or terminate access to any account it determines is being used beyond fair use. Without limiting the generality of the foregoing, examples of use beyond fair use include, but are not limited to, the use by an unusually high number of devices, an unusually high volume of use and the use by students of a tutor account outside of lessons with the tutor Account Holder.

Subject to these Terms and any applicable subscription, Speaktionary grants the Account Holder a limited, revocable, non-exclusive, non-transferable licence to use the Service as follows:

• Family use: The Account Holder may use the account within their household (provided that each account only records the learning progress of one Learner).
• Tutor use: An Account Holder who is a tutor may use their account during lessons with their students (provided that each account only records the learning progress of one Learner). Students may not use the tutor’s account outside those lessons.

All rights not expressly granted in these Terms are reserved by Speaktionary and its licensors, and no ownership rights in the Service or its content are transferred.

Speaktionary and its licensors own or license the “Speaktionary” name and logo, the software, design, characters (including “Ollie”), branding, learning content, graphics, audio output and other materials in the Service, except where third-party rights are identified (collectively, “Speaktionary IP”). You are not permitted to use the Speaktionary IP without the prior written permission of Speaktionary.

If you or your Learner submits a support message, word report, correction or feedback, you grant Speaktionary permission to use that submission as reasonably necessary to operate, improve and support the Service. We ask that you do not submit confidential or unlawful material through general feedback features.

The Service relies on third-party platforms and APIs, which may include payment, email, speech, text-to-speech, dictionary, infrastructure and content providers. Availability or performance of those services may affect Speaktionary. Third-party services may also have their own terms and privacy practices.

We may maintain, update, modify or temporarily suspend portions of the Service for security, reliability, maintenance or improvement. Where practicable, we will minimize disruption to active users. We may also suspend or terminate operation of the Service permanently at any time at our sole discretion.

We may suspend or terminate access where we determine that it is reasonably necessary to do so for security purposes, to prevent fraud, to prevent misuse of the Service, for non-payment, where you have violated these Terms or to comply with our legal requirements. Where appropriate, we may, in our sole discretion, provide you with advance notice and an opportunity to resolve the issue before suspending or terminating your access.

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted availability, that all content or pronunciation results are accurate or error-free, or that the Service will meet your Learner’s individual learning needs. Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, Speaktionary will not be liable for indirect, incidental, special or consequential loss arising from use of the Service. If, notwithstanding the previous limitation of liability, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service, whether for direct damages or otherwise, exceed the greater of (a) the total amounts you paid to us in the 12 months prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars ($100). The limitations of liability in this section are subject to mandatory consumer-protection rights and other rights that cannot be waived by contract.

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Speaktionary and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms or your use of the Service (including the use of the Service by a Learner who used your account).

Access to Speaktionary’s full features requires a paid subscription. Each subscription is for one account, which must be held by an Account Holder. A description of the features and pricing is available on the Service. We may add, change or remove features from time to time.

All subscription fees are exclusive of applicable taxes, which you are also required to pay. All prices are in Canadian dollars (CAD).

New accounts may be eligible for a 7-day free trial, which begins once your email is verified. No payment card is required to start the trial. Free trials are limited to one per account. We may determine trial eligibility, and we may change or discontinue trial offers at any time. If your account does not have an active paid subscription at the end of the trial period, your access to certain features will be limited.

Unless otherwise stated at checkout, subscriptions renew automatically at the selected billing frequency until cancelled. By purchasing a subscription, you authorize the Payment Processor (as defined below) to charge the payment method for each renewal. You also agree to keep your payment information current and up to date.

You may cancel your subscription at any time through your account settings or as otherwise designated on the Service. Your cancellation will take effect at the end of your current billing period, except as otherwise stated at checkout.

Except where required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused time.

We may change our prices from time to time. If we change the price of your subscription, we will notify you at least 30 days before the change takes effect, and the new price will apply from your next renewal after the end of the 30 day notice period. If you do not agree to the new price, you may cancel your subscription before it renews.

Payments will be processed by our third-party payment processor (“Payment Processor”). Our current Payment Processor is Stripe LLC. You may be subject to the terms and conditions of their terms of service and privacy policies in connection with any payments. You may review their terms and privacy policies which are posted on their website located at stripe.com. Payments are taken on Stripe’s own secure payment page. Card details go directly to Stripe and are never entered on, seen by or stored by Speaktionary. Stripe is certified to PCI DSS Level 1. Every page of the Service uses HTTPS. The card brands accepted are shown on the payment page.

Accounts are offered to adults who are residents of Canada. You may use the Service from other countries where the Service is accessible.

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address below, and all notices from us to you will be displayed on the Service from time to time or sent to you at the email address associated with your account.

If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms together with the Privacy Policy contain the entire understanding and agreement between us and you in relation to your use of the Service.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Service, or the breach, enforcement, interpretation or validity of these Terms or any part of them (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and Speaktionary agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation against the other party.

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without limiting any mandatory consumer rights that apply based on the user’s location.

Subject to the Dispute resolution provision described above, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario to settle any disputes and claims which may arise out of, or in connection with, these Terms.

You acknowledge that you have required that these Terms and all related documents be prepared in English. Vous reconnaissez avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

We reserve the right in our sole discretion to amend these Terms from time to time. We will provide you with at least 30 days’ notice of changes to these Terms by email, posting a notice on the Service or by similar means. The amended Terms are effective on the date specified in the notice. If you do not agree to the amendment, you may cancel your subscription and stop using the Service. Your continued use of the Service after the amendment takes effect shall be your acceptance of the amended Terms.