Terms of Service

1. Acceptance of Terms

By accessing or using ScalaVerba ("Service," "Platform," "we," "our," or "us"), you agree to comply with and be bound by these Terms of Service and our Privacy Policy.

• Age Requirement: You must be at least 13 years old to create an account. Users under 18 require parental/guardian consent.
• Educational Institutions: Schools and institutions must ensure they have appropriate authority to create student accounts.
• Binding Agreement: These Terms constitute a legally binding agreement between you and ScalaVerba.

2. Service Description

ScalaVerba provides the following services:

2.1 Language Testing

• Placement Tests: AI-powered adaptive tests to determine language proficiency (CEFR A1-C2)
• Proficiency Tests: Comprehensive assessments covering Listening, Reading, Writing, Speaking, Grammar, and Vocabulary
• 21 Languages: English, Spanish, French, German, Italian, Portuguese, Russian, Chinese, Japanese, Korean, Arabic, Turkish, Dutch, Polish, Swedish, Norwegian, Danish, Finnish, Greek, Czech, Hungarian

2.2 LMS Integration

• Google Classroom: Sync student rosters, assignments, and grades
• Microsoft Teams: Integrate with Teams for Education
• Canvas/Moodle: LTI integration for seamless course management

2.3 AI-Powered Features

• Automated Grading: AI evaluation of essays and speaking responses
• Instant Feedback: Real-time performance analysis and recommendations
• Adaptive Testing: Dynamic difficulty adjustment based on student performance

3. User Accounts

3.1 Account Creation

• Accurate Information: You must provide accurate, current, and complete information
• Account Security: You are responsible for maintaining the confidentiality of your password
• Account Types: Teacher, Student, Institution Admin, or Individual Learner

3.2 Account Responsibilities

• You are responsible for all activities under your account
• Notify us immediately of any unauthorized access
• Do not share your account credentials with others
• Do not create multiple accounts to circumvent restrictions

3.3 Student Accounts

• Teacher-Created Accounts: Teachers may create accounts for their students
• Parental Consent: Required for students under 13 (COPPA compliance)
• Data Access: Teachers can access their students' test results and progress

4. Payment Terms

4.1 Pricing

• Free Tier: Limited access to placement tests and basic features
• Paid Plans: Subscription-based pricing for institutions and individual users
• Custom Enterprise: Contact us for institutional pricing

4.2 Payment Processing

• Payment Provider: All payments processed securely through Iyzico (PCI-DSS compliant)
• Accepted Methods: Credit cards, debit cards, bank transfers (Turkey)
• Currency: Prices displayed in Turkish Lira (TRY) or USD
• Billing Cycle: Monthly or annual subscriptions

4.3 Automatic Renewal

• Subscriptions automatically renew unless canceled before the renewal date
• You will be charged at the then-current rate
• We will notify you 7 days before renewal

4.4 Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months

5. Refund Policy

5.1 Refund Eligibility

• 14-Day Money-Back Guarantee: Full refund if requested within 14 days of initial purchase
• Service Outages: Pro-rated refund for extended service disruptions (>24 hours)
• Billing Errors: Full refund for incorrect charges

5.2 Non-Refundable

• Completed tests and assessments
• Partial subscription periods (after 14-day guarantee)
• Custom enterprise contracts (unless specified in contract)

5.3 Refund Process

Email scalaverba@gmail.com with "Refund Request" in the subject line. Refunds processed within 7-10 business days.

6. Intellectual Property Rights

6.1 ScalaVerba's Intellectual Property

• Platform Ownership: All software, algorithms, AI models, and platform features are owned by ScalaVerba
• Test Content: All test questions, prompts, and assessment materials are proprietary
• Trademarks: "ScalaVerba" name and logo are registered trademarks
• Restrictions: You may not copy, modify, distribute, or reverse-engineer our platform

6.2 User Content

• Your Ownership: You retain ownership of your test responses, essays, and speaking recordings
• License to Us: You grant us a license to use your content for grading, analysis, and service improvement
• Anonymized Data: We may use anonymized test data to improve AI models

7. User Responsibilities and Prohibited Activities

7.1 Acceptable Use

• Use the service for legitimate educational purposes only
• Provide honest and original responses to test questions
• Respect other users' privacy and data

7.2 Prohibited Activities

• Cheating: Using unauthorized assistance, AI tools, or external resources during tests
• Account Sharing: Allowing others to use your account or take tests on your behalf
• Data Scraping: Automated extraction of test questions or platform data
• Reverse Engineering: Attempting to decompile or reverse-engineer our AI models
• Harassment: Abusive, threatening, or discriminatory behavior
• Security Violations: Attempting to breach security, access unauthorized data, or disrupt service
• Spam: Sending unsolicited messages or promotional content

7.3 Consequences

Violation of these terms may result in:

• Test invalidation
• Account suspension or termination
• Legal action for damages

8. Termination

8.1 Termination by You

• You may delete your account at any time via account settings
• All personal data will be deleted within 30 days (see Privacy Policy)
• Test results may be retained for academic record purposes

8.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activity
• Your account is inactive for more than 3 years
• Required by law or court order

8.3 Effect of Termination

• Access to the platform will be immediately revoked
• No refunds for remaining subscription period (unless required by law)
• You may request a copy of your data before deletion

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

• No Guarantee: We do not guarantee uninterrupted, error-free, or secure service
• AI Accuracy: AI grading is not 100% accurate and should be reviewed by qualified educators
• Test Validity: Test results are estimates and may not reflect official language certifications

9.2 Limitation of Liability

• Maximum Liability: Our total liability is limited to the amount you paid in the last 12 months
• No Consequential Damages: We are not liable for indirect, incidental, or consequential damages
• Educational Decisions: We are not responsible for educational or employment decisions based on test results

9.3 Indemnification

You agree to indemnify and hold ScalaVerba harmless from any claims, damages, or expenses arising from your use of the service or violation of these Terms.

10. Third-Party Services

ScalaVerba integrates with third-party services:

• Google Classroom: Subject to Google's Terms of Service
• Microsoft Teams: Subject to Microsoft's Terms of Service
• Iyzico: Subject to Iyzico's Payment Terms

We are not responsible for third-party service availability, security, or terms changes.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a legal claim, please contact us at scalaverba@gmail.com to resolve the issue informally.

11.2 Arbitration

• Disputes will be resolved through binding arbitration in Istanbul, Turkey
• Arbitration conducted in English or Turkish
• Each party bears their own costs

11.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action lawsuit.

12. Changes to Terms

• Updates: We may modify these Terms at any time
• Notification: Material changes will be announced via email and platform notification
• Effective Date: Changes take effect 30 days after notification
• Continued Use: Continued use after changes constitutes acceptance

13. Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature or service
• Change pricing with 30 days' notice
• Update AI models and grading algorithms
• Add or remove supported languages

14. Governing Law

• Jurisdiction: These Terms are governed by the laws of Turkey
• GDPR Compliance: We comply with EU General Data Protection Regulation
• COPPA Compliance: We comply with US Children's Online Privacy Protection Act
• FERPA Compliance: We comply with US Family Educational Rights and Privacy Act

15. Contact Information

For questions, support, or legal inquiries:

• Email: scalaverba@gmail.com
• Support: Available Monday-Friday, 9 AM - 6 PM (GMT+3)
• Response Time: We aim to respond within 48 hours

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ScalaVerba.