Terms of Service

1. Who We Are

Xpeak AI is operated by Xpeak Lab Inc., a Delaware corporation with its principal place of business at:

28 Geary St STE 650, Suite #258
San Francisco, California 94108, United States

Contact: help@xpeak.ai

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services, unless you have obtained consent from a parent or legal guardian.

By using Xpeak AI, you represent that:

• You are legally permitted to enter into these Terms
• All information you provide is accurate and up to date

3. Description of Services

Xpeak AI provides:

• Live 1-on-1 language tutoring via video and audio
• AI-assisted learning tools, recommendations, summaries, and practice content
• Scheduling, messaging, and lesson management features

Xpeak AI does not guarantee any specific learning outcome or proficiency level.

4. Tutors and Third-Party Services

Tutors on Xpeak AI are independent service providers, not employees or agents of Xpeak Lab Inc.

Xpeak AI facilitates connections between users and tutors but does not control:

• Teaching methods
• Lesson content
• Tutor availability or performance

Video lessons are powered by third-party technology providers, including Agora SDK, which may require access to your device's camera, microphone, and audio/video streams.

5. Audio & Video Recording

By using the Services, you acknowledge and agree that:

• Lessons may be recorded for quality assurance, safety, training, dispute resolution, and product improvement
• Recordings may be stored securely for a limited period
• Access to recordings may be restricted based on role, region, or policy

You are responsible for ensuring that recording is permitted under your local laws.

6. AI Features & Data Usage

Xpeak AI uses artificial intelligence to:

• Generate learning insights and summaries
• Recommend content and tutors
• Improve platform performance

You grant Xpeak AI a non-exclusive, worldwide, royalty-free license to use anonymized or aggregated data derived from your usage to improve our Services and AI systems.

We do not sell your personal data.

7. User Responsibilities

You agree not to:

• Violate any applicable laws or regulations
• Harass, abuse, or discriminate against others
• Share false or misleading information
• Attempt to reverse engineer or misuse the platform
• Record or distribute lesson content without authorization

Xpeak AI may suspend or terminate accounts that violate these Terms.

8. Payments, Subscriptions & Refunds

Certain Services require payment.

By purchasing a subscription or lesson package, you agree that:

• Fees are charged as displayed at checkout
• Payments may be processed by third-party providers
• Refunds, cancellations, pauses, and upgrades are subject to our published policies

All prices are subject to change.

9. Intellectual Property

All platform content, including software, design, AI outputs, trademarks, and logos, belongs to Xpeak Lab Inc. or its licensors.

You may not copy, modify, or redistribute any part of the Services without prior written permission.

10. Termination

You may stop using the Services at any time.

Xpeak AI may suspend or terminate your access if:

• You violate these Terms
• We are required to do so by law
• Continued access may cause harm to the platform or others

11. Disclaimer of Warranties

The Services are provided "as is" and "as available."

Xpeak AI disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, Xpeak Lab Inc. shall not be liable for:

• Indirect or consequential damages
• Loss of data, profits, or learning outcomes
• Tutor conduct or third-party services

Our total liability shall not exceed the amount you paid to Xpeak AI in the past 12 months.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after updates constitutes acceptance of the revised Terms.

15. Contact Us

If you have any questions, contact us at:

📧 help@xpeak.ai

🏢 Xpeak Lab Inc., San Francisco, California, USA