These Terms of Service (the "Terms") are a binding agreement between you and Fluenti ("we", "us"). They apply to our website, the student platform, our lessons and sessions, our packs, tests, audio products (including Notary's Voice and Architect's Voice) and any related service (together, the "Services").
Please read them with our Privacy Policy. By ticking the box at signup, creating an account, paying for or attending a lesson, or using the Services, you accept these Terms. If you do not accept them, do not use the Services.
Contents
- 1. Who can use the Services (age)
- 2. Your account
- 3. The Services
- 4. Prices, packs, payment and expiry
- 5. Scheduling, cancellation, late cancellation and no-shows
- 6. Refunds and withdrawal
- 7. Intellectual property and your licence
- 8. Acceptable use and prohibited conduct
- 9. No guarantee of results or exam scores
- 10. Disclaimers
- 11. Limitation of liability
- 12. Indemnity
- 13. Suspension and termination
- 14. Force majeure
- 15. Privacy and communications
- 16. Governing law and disputes
- 17. General
- 18. Changes to these Terms
- 19. Contact
1. Who can use the Services (age)
You must be at least 18 years old to create your own account and accept these Terms. A person under 18 may use the Services only through an account opened or expressly authorised by a parent or legal guardian. That parent or guardian accepts these Terms and the Privacy Policy on the minor's behalf, is responsible for the minor's use of the Services and for all payments, and confirms they have the authority to do so. We may ask for proof of age or authority at any time and may suspend an account until we receive it.
2. Your account
- Give accurate, current information and keep it up to date. One person, one account; you may not share, sell or transfer your account or your access.
- Keep your password confidential. You are responsible for everything done through your account until you tell us it has been compromised.
- Creating an account is free. Access to one-to-one lessons, packs, tests, audio products and other paid features requires payment. Free content may be changed or withdrawn at any time.
- Contact hello@fluentimarrakech.com immediately if you suspect unauthorised use.
3. The Services
Fluenti provides American English tutoring and related learning materials. Lessons last 60 minutes unless otherwise agreed and are delivered online (Google Meet, phone or video call) or in person in Marrakech, as agreed. We decide, acting reasonably, how a lesson is taught, which materials are used and who teaches it, and we may change, improve or withdraw features, content and prices for the future at any time. Session times depend on tutor availability, and a booking request is not confirmed until we confirm it. Video sessions are held on Google Meet or a similar service only with the student's consent (a parent's or guardian's for a minor); if you prefer another way, tell us and we will arrange one.
4. Prices, packs, payment and expiry
- Prices are shown in dirhams (MAD) unless stated otherwise, are those shown when you order, and apply only to that order. Any taxes or fees that apply to your payment method are your responsibility.
- Payment is due in full before sessions begin. No session is delivered, and no access to paid content is activated, until we have confirmed receipt of your payment.
- Accepted payment methods are those offered to you when you order. We confirm each payment ourselves, and we are not responsible for delays caused by third parties.
- A pack of sessions is personal to the buyer and valid for 12 months from the purchase date unless your pack or agreement says otherwise. Sessions not used by the end of that period expire without refund or extension.
- Tests, audio products and other digital items give you the access described when you buy them. Access is personal and may be limited in time or to the devices and accounts we allow.
- If a payment is reversed, disputed, found to be fraudulent or not received, we may cancel the related access and sessions immediately and recover what you owe. Opening a dispute in bad faith is a breach of these Terms.
5. Scheduling, cancellation, late cancellation and no-shows
- Free cancellation or rescheduling: you may cancel or reschedule a confirmed session free of charge if you do so at least 24 hours before it starts (Casablanca time). The platform enforces this window: after it closes you can no longer cancel online and must message your tutor.
- Late cancellation (less than 24 hours before the session): the session is lost. It is counted as used and deducted from your pack, or its fee is forfeited, with no credit, no replacement and no refund. Fluenti may, at its sole discretion, waive this for a genuine emergency.
- No-show (you do not attend, or arrive so late that the lesson cannot reasonably take place): the session is treated as fully used and forfeited, with no credit or refund. Lessons start and end on time; time lost through late arrival is not extended.
- If you sign a tutoring agreement with us and its cancellation terms are stricter, the signed agreement applies to the pack it covers.
- We may reschedule a session because of illness, emergency, technical failure or circumstances beyond our control. In that case you will not lose the session, and we will offer another time. That is your only remedy for a session we move.
6. Refunds and withdrawal
No refunds. Every purchase, including packs, subscriptions, tests, audio products and individual sessions, is final and non-refundable once it is made. Unused sessions are not refunded: they stay valid until the pack expires (12 months from purchase unless your pack says otherwise) and then expire. There are no refunds, credits or replacements for missed or late-cancelled sessions, change of mind, schedule or travel changes, illness, relocation, loss of interest, dissatisfaction with progress or results, technical problems on your side, or any other reason.
Mandatory law. Nothing in these Terms limits any right you have under mandatory consumer-protection law of your country that cannot be waived. If a statutory right of withdrawal applies to your purchase (for example if you live in the EU, the EEA or Switzerland and buy at a distance), you may exercise it within the legal period by writing to hello@fluentimarrakech.com. By booking a session, starting a lesson or accessing digital content, you expressly ask us to start the service immediately, and you acknowledge that you lose your right of withdrawal once the service has been fully performed (and, for digital content, once you have started to access it). If you validly withdraw before then, you must pay for what has already been provided up to the time you told us, in proportion to the full price, and a session that was missed or cancelled late counts as provided.
If Fluenti itself cancels a pack for reasons unrelated to you and cannot deliver the sessions, we will offer replacement sessions or, at our choice, a pro-rata credit for the sessions not delivered. That is your only remedy in that case.
7. Intellectual property and your licence
Fluenti and its licensors own all rights in the Services and in all lessons, recordings, audio, scripts, courses, curricula, worksheets, tests, question banks, software, text, designs, trademarks and other materials, including the audio products Notary's Voice and Architect's Voice and all their recordings, dialogues, vocabulary lists and plans (together, "Fluenti Content"). Nothing in these Terms transfers any ownership to you.
We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Fluenti Content you have paid for, only for your own private study, for as long as your access lasts. Unless we agree in writing, you must not:
- copy, download (except where the platform offers a download button), record, screen-record, rip, capture, reproduce, share, publish, post, stream, sell, rent, lend, sublicense or otherwise make Fluenti Content or sessions available to anyone else;
- record, film or transcribe a live session, or take screenshots of it, without our prior written consent;
- use Fluenti Content, tutor audio or video, or any recordings of the tutor's voice to train, fine-tune, test or improve any software, automated system or model, to build a voice or likeness clone, or in any dataset;
- use automated tools to scrape, mine or bulk-download the Services;
- remove copyright or other notices, or reverse engineer or attempt to extract the source code of any software.
Your content. You keep the rights in the content you create (for example your homework, writing and voice recordings). You give Fluenti a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, play, process and display that content as needed to provide the Services, give feedback, keep records, prevent abuse and defend legal claims. We will not publish your content or use your voice publicly without your permission. If you give us feedback or suggestions about the Services, we may use them freely.
8. Acceptable use and prohibited conduct
You agree to treat your tutor and others with respect and to use the Services lawfully. You must not:
- tamper with, manipulate, bypass or attempt to bypass the platform, its security, rate limits, entitlements or access controls;
- tamper with, cheat on, falsify or interfere with tests, exams, scores, results, progress records, homework marking, badges, streaks, leaderboards or certificates, including by using another person to sit a test, by automated tools or by altering requests;
- tamper with, falsify or abuse bookings, session requests, payments, proof-of-payment images, receipts, refunds or contracts, or sign any contract in someone else's name;
- use another person's account, or let someone else use yours;
- upload malware, or anything unlawful, defamatory, abusive, threatening, harassing, discriminatory, obscene or infringing;
- probe, scan or test the platform's vulnerabilities, or overload it;
- present a Fluenti certificate, score or report as something other than what it is, or use the Fluenti name or brand without our permission;
- use the Services to harass, impersonate or collect data about others.
We may investigate suspected breaches, keep evidence (including IP address and logs), and report unlawful activity to the authorities.
9. No guarantee of results or exam scores
Language learning depends on your own effort, consistency and practice. We will use reasonable professional care, but we do not promise, and nothing on our website, blog, emails, certificates or in conversation is a promise of, any particular result, level, speed of progress, score, band, admission, visa, job, promotion or other outcome. This includes IELTS, TOEFL, Duolingo English Test, Cambridge, Bac and any other exam. Fluenti is independent of and not affiliated with or endorsed by any exam provider; practice tests and scores in the platform are indicative only and are not official results. Examples and testimonials are individual experiences. Exam fees, rules and requirements are set by the exam provider and may change; check them with the provider.
10. Disclaimers
To the maximum extent permitted by law, the Services and all content are provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, non-infringement, accuracy, uninterrupted or error-free operation, or that audio, video, third-party services (such as video, messaging, email and notification services) or your internet connection will work. We do not give legal, immigration, medical or professional advice; materials in legal, medical or other professional English tracks teach language only. Where the law does not allow a warranty to be excluded, it is limited to the minimum period and extent the law allows.
11. Limitation of liability
To the maximum extent permitted by law:
- Fluenti, its owners, officers, tutors, employees and agents are not liable for indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, income, opportunity, employment, admission, data, goodwill or anticipated savings, or for exam failure, however caused and even if we were told it was possible;
- our total liability to you for all claims connected with the Services, whether in contract, tort (including negligence) or otherwise, is limited to the total fees you actually paid to Fluenti in the three (3) months before the event that gave rise to the claim;
- we are not liable for failures or delays caused by events outside our reasonable control (section 14), by third-party services, or by your equipment, connection or breach of these Terms.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, or any right you have under mandatory consumer protection law. In that case our liability is limited to the extent the law allows. You acknowledge that these limits are reflected in the price of the Services.
12. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Fluenti, its owners, officers, tutors, employees and agents against claims, losses, damages, penalties and reasonable costs (including legal fees) arising from your breach of these Terms, your unlawful use of the Services, your content, or your infringement of anyone's rights, including any misuse or redistribution of Fluenti Content.
13. Suspension and termination
We may suspend or terminate your account or access, immediately and without refund, if you breach these Terms or any signed agreement, tamper with tests, scores, bookings, payments or contracts, fail to pay, repeatedly cancel late or miss sessions, behave abusively or threateningly towards anyone, or if we reasonably suspect fraud, abuse or unlawful activity, or where the law requires. On termination for cause, unused sessions and paid access are forfeited. We may also end the Services or your account on reasonable notice for other reasons, in which case section 6 applies to any undelivered sessions. You may stop using the Services at any time; closing your account does not entitle you to a refund. Sections that by their nature should survive (including intellectual property, payments, disclaimers, liability, indemnity, governing law) survive termination.
14. Force majeure
Neither party is liable for failure or delay in performing its obligations (other than payment) caused by events beyond its reasonable control, including natural disaster, epidemic, power or internet outage, failure of a third-party platform or provider, war, terrorism, strike, government action, or the tutor's illness or emergency. The affected party will resume performance as soon as reasonably possible. Affected sessions will be rescheduled rather than refunded.
15. Privacy and communications
Our Privacy Policy explains how we handle personal data, including voice recordings, contract signature evidence and payment proofs. You agree that we may send you service messages by email, platform notification, push notification and messaging apps about your account, sessions and payments. You can opt out of marketing messages at any time.
Your privacy and security matter to us. Connections to the Services are encrypted, our main database and files are hosted in Switzerland with access limited to what is needed, and we never sell your data. The Privacy Policy explains this in detail.
16. Governing law and disputes
These Terms and any dispute connected with the Services are governed by Swiss substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, because Fluenti is operated from Switzerland, with its seat in Lausanne. Please raise any complaint first by writing to hello@fluentimarrakech.com; we will try in good faith to resolve it within 30 days. If it is not resolved, the courts of Lausanne, Switzerland have exclusive jurisdiction, to the extent permitted by law.
Consumers. If you are a consumer, you keep the protection of the mandatory consumer-protection rules of the country where you live, and you may also bring proceedings before the courts where you live, if mandatory law gives you that right. Nothing in this section deprives you of such rights.
17. General
- Entire agreement and priority: these Terms, the Privacy Policy, any signed tutoring agreement and any order or pack details are the whole agreement between us on the Services. If a signed tutoring agreement conflicts with these Terms for the pack it covers, the signed agreement prevails; for everything else these Terms prevail.
- Severability: if any provision is found invalid or unenforceable, it is replaced by a valid provision that comes closest to its intent, and the rest of the Terms remains in force.
- No waiver: a delay or failure to enforce a right is not a waiver of it.
- Assignment: you may not assign or transfer your rights or obligations. We may assign these Terms.
- Language: these Terms are provided in English, French and Arabic for convenience. If versions differ, the English version prevails, unless mandatory law requires otherwise.
- Electronic form: you agree that clicking, ticking a box, typing your name and electronic signature are valid ways of accepting these Terms and any agreement, and that our records (including date, time, version, IP address and browser) are evidence of your acceptance.
- Notices: we may give notice by email to the address on your account, in the platform or on our website. You may write to us at hello@fluentimarrakech.com.
18. Changes to these Terms
We may change these Terms, for example to reflect new features, prices or legal requirements. The date and version at the top show the current text. For material changes we will give you reasonable notice (by email or in the platform) before they take effect. Changes do not apply to a pack you have already paid for in a way that makes it materially worse, unless the law requires it. If you keep using the Services after a change takes effect, you accept the updated Terms; if you do not accept them, you must stop using the Services and may close your account.
19. Contact
Fluenti. Email: hello@fluentimarrakech.com. Version 2026-11-05.
Read also: Privacy Policy