1Who you are agreeing with
Fluëntry is operated by Arena Capital Ltd, a limited liability company incorporated in Malta on 24 February 2021 (V89C Limited Company), company number C 98138, VAT MT 27961903, with its registered office at 58 Feng Shui, Triq il-Wejba, Swieqi SWQ2393, Malta. In these Terms we refer to Arena Capital Ltd as "Fluëntry," "we," "us," or "our."
"You" means the individual using the Service. If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation; in that case "you" includes both the individual and the organisation.
2Acceptance
By creating an account, taking a test, or otherwise using the Service, you agree to these Terms and our Privacy Notice. If you do not agree, do not use the Service.
3Definitions
- Service
- the Fluëntry website at fluentry.be and any sub-domain, including the AI literacy tests, the score reveal, the share mechanic, account management at /account/data, and Academy when it launches.
- Pillar 1
- the tests product, live at the effective date of these Terms.
- Pillar 2 (Academy)
- the literacy-training product, announced but not yet built at the effective date.
- Content
- anything we publish on the Service, including items (test questions), scoring rubrics, the methodology note, brand assets, and the software.
- Submission
- anything you provide to the Service, including your responses to test items, account details, optional metadata, and support correspondence.
- Result
- the score, grade band, and percentile position derived from your Submissions.
- Subscription
- a recurring paid plan (EUR 9.99 per year at the effective date).
- One-off Unlock
- a single non-recurring payment that grants you access to a full report for one test (EUR 4.99 at the effective date).
- MoR
- Lemon Squeezy, our merchant of record. See section 7.
4Eligibility
You must be at least 16 years old to use the Service. Where local law sets a lower minimum age for online services under Article 8 of the GDPR (which member states may set as low as 13), that local-law floor applies to your use of the Service. Paid plans (the One-off Unlock and the Annual Subscription) require you to be at least 18 years old, because they form a binding payment contract; if you are under 18, a parent or guardian must make the purchase and accept these Terms on your behalf. We may close any account we identify as belonging to someone below the applicable minimum age.
You must use the Service in compliance with the laws of the jurisdiction from which you access it.
5Your account
Accounts are individual, single-user, and non-transferable. You are responsible for what happens on your account.
You must keep your contact details accurate and respond to account-verification emails (one-time passcodes) when prompted. If you suspect unauthorised access, contact us at hello@fluentry.be without delay.
We may suspend or close accounts that breach these Terms (see section 14).
6The Service: what you get
Free tier
Your first test of any type (currently: pair-test, AI knowledge, AI ethics scenario) is free. You receive your full score, grade band, percentile against takers in your country and a share-ready result card without payment.
Paid tier: One-off Unlock (EUR 4.99)
For EUR 4.99 you receive the full AI Literacy Report for the test you have just taken, including a per-item breakdown, comparison with other takers, methodology link and the ability to retake.
Paid tier: Annual Subscription (EUR 9.99/year)
For EUR 9.99 per year you receive:
- Access to all current and future test types on the Service.
- Unlimited retakes.
- Pair-test invitations.
- Access to Academy (Pillar 2) when it launches, on founding-member terms, at no additional charge during the term of your then-current Subscription. Bundle pricing applicable to subsequent Subscription renewals at Academy launch will be communicated in advance.
Pricing
EUR is the canonical currency on the Service. Our merchant of record handles per-visitor display-currency conversion at checkout (a UK visitor sees approximately GBP 4.29 / GBP 8.59). Prices stated above are inclusive of any tax that we are required to collect (typically VAT, applied by the merchant of record at checkout based on your billing country).
Pricing is uniform across all launch countries at version 1. We may introduce country-specific or tier-specific pricing in future, with at least 30 days' notice for affected existing subscribers and no change to your then-current Subscription term.
7Paid plans, subscriptions, and one-off unlocks
Merchant of record
Payments are processed by Lemon Squeezy as the merchant of record. Lemon Squeezy is responsible for the payment transaction, including VAT/MOSS handling, currency conversion, and the issue of receipts. By paying for any element of the Service you also agree to Lemon Squeezy's Customer Terms of Service.
We do not handle your card details. We receive from Lemon Squeezy only the information needed to grant or revoke entitlements (see our Privacy Notice).
Subscriptions auto-renew
Annual Subscriptions renew automatically at the end of each annual term at the then-current price. We will email you a renewal reminder at least 14 days before each renewal date. You may cancel renewal at any time by contacting hello@fluentry.be (in-account self-service is on the build roadmap); cancellation takes effect at the end of the current term, and you retain access until then.
Failed payments
If a renewal payment fails, the merchant of record will attempt re-collection per its standard dunning policy. If collection ultimately fails, your paid entitlements are suspended at the end of the current term until a successful payment is made; your account itself remains.
Promotional codes
We may offer promotional codes (for example, first month free on the Annual Subscription). Codes are subject to the conditions stated at issue (validity period, single-use versus reusable, country eligibility, and so on). Codes are non-transferable and have no cash value.
8EU 14-day right of withdrawal (cool-off)
If you are a consumer in the European Union (or in another jurisdiction that recognises the same right, such as the United Kingdom), you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with Directive 2011/83/EU on consumer rights (and equivalent national implementations).
How to withdraw
To exercise the right of withdrawal, send a clear statement of your decision to hello@fluentry.be within 14 days of the date of purchase. You may use the model withdrawal form set out in Annex I of the Directive; you do not have to. We will acknowledge your withdrawal without undue delay and refund all payments received from you in connection with the cancelled purchase, using the same means of payment as you used for the original transaction, no later than 14 days from the date we are informed of your withdrawal.
Waiver and consequence
The Service is, in part, the supply of digital content not delivered on a tangible medium. Under Article 16(m) of the Directive, you may lose the right of withdrawal if you expressly consent, by ticking the "I want immediate access to my full report and I understand I lose my right to withdraw" checkbox above the checkout CTA, to performance of the contract beginning before the end of the 14-day period and you acknowledge that you thereby lose your right of withdrawal once performance is complete.
The waiver checkbox is unticked by default. Where you have not ticked it, the 14-day cool-off applies in full and unconditionally.
9Refunds outside the cool-off period
Beyond the statutory 14-day cool-off, refunds are at our discretion. As a practical guideline:
- Subscriptions are non-refundable once a renewal has been collected, but you may cancel future renewals at any time (section 7).
- One-off Unlocks are non-refundable once your full report has been delivered, except where required by law or as a goodwill exception at our discretion.
- Failed delivery (for example, a payment was charged but no entitlement was granted) is always fully refundable; contact us and we will resolve it within 5 working days.
10Acceptable use
You agree not to:
- Use the Service to harass, harm, defame, or impersonate any person.
- Use automated means (scripts, bots, scrapers) to take tests, generate Submissions, manipulate scores or comparison statistics, or extract our item bank.
- Reverse-engineer, decompile, or attempt to derive the source code of the Service or any item-bank composition, except to the extent such activity is expressly permitted by applicable law.
- Bypass or interfere with the rate limits, anti-gaming protections, payment flow, or any security mechanism.
- Resell, rent, sub-license, or commercially exploit the Service, except under a separate written agreement with us (for example, our B2B Article 4 compliance offering).
- Use the Service in a way that violates applicable law or the rights of any third party.
We reserve the right to investigate suspected breaches and take action up to and including account closure (section 14) and reporting to law-enforcement where applicable.
11Intellectual property
The Service and all Content are owned by Arena Capital Ltd or its licensors, and are protected by copyright, database right, trade-mark, and other intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable licence to use the Service for your own non-commercial use (or, for B2B subscribers, for the use defined in your separate written agreement).
The Fluëntry name, the Fluëntry wordmark (including the coral-diaeresis device), and associated brand assets are trade-marks of Arena Capital Ltd. You may not use them without our prior written permission, except for fair reference (for example, in a news article about the Service or in a citation of our methodology).
Your Submissions
You retain all rights in your Submissions. You grant us a worldwide, royalty-free, non-exclusive licence to use Submissions to operate the Service (including computing your Result and showing it to you), to improve the item bank in aggregated and de-identified form, and to display your share card if and when you choose to share it. We do not use Submissions to train any third-party AI model and we do not sell or share Submissions with model developers (see our Privacy Notice).
12Test results: what they are and are not
Results are produced by deterministic scoring of your Submissions against an item bank, mapped to a seven-grade band against takers in your country. They are an indicator of your performance on the items you took, in the test type you took, on the date you took it. They are not:
- A certification of professional competence.
- A legally-binding qualification.
- An IQ or general-intelligence measure.
- A prediction of your future performance in any task involving AI.
- A clinical or psychological assessment.
We are working toward formal recognition of our methodology where appropriate. Until such recognition is published on our methodology page, treat your Result as informational.
13AI and content disclaimers
- Some test items are AI-co-authored: drafted with the assistance of large language models and then reviewed and approved by humans before publication. The proportion of AI-co-authored items per test type and our review process are disclosed on the item-health page.
- Test items may relate to evolving facts about AI systems. Where new information renders an item incorrect or misleading, we retire it and re-issue an updated item; we do not retroactively re-score sessions that took the retired item.
- The Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, error-free, or that the item bank will remain unchanged.
14Suspension and termination
You may delete your account at any time from /account/data, or by writing to hello@fluentry.be. Deletion ends these Terms; your paid entitlements end with the account; we do not refund unused Subscription time on user-initiated deletion (except as required by law).
We may suspend or close your account, with notice where reasonably practicable, if you breach these Terms (in particular section 10), if your conduct creates legal, security, or operational risk for us or for other users, or if your account becomes the subject of a chargeback we deem material. Where the breach is corrigible we will give you a reasonable opportunity to correct it first.
15Disclaimers and limitation of liability
To the maximum extent permitted by applicable law:
- The Service is provided "as is" and "as available." We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly granted in these Terms or by law.
- We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities.
- Our aggregate liability arising out of or relating to the Service in any 12-month period will not exceed the greater of (a) the amount you paid us in the preceding 12 months and (b) EUR 100.
Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) any other liability that cannot lawfully be limited or excluded under applicable law (including, where you are a consumer in the EU or UK, your statutory consumer rights).
16Indemnity
If you use the Service in breach of these Terms (in particular section 10) or in violation of applicable law, and that conduct causes a third-party claim against us, you agree to indemnify us against the reasonable legal costs and direct damages we incur. We will give you prompt notice of any such claim, the opportunity to participate in its defence, and reasonable cooperation. This indemnity does not apply where we have failed to mitigate.
17Changes to these Terms
We may update these Terms from time to time. For material changes (changes that affect your rights, fees, or the nature of the Service) we will give active subscribers at least 30 days' notice by email before the change takes effect. If you do not agree to a material change, you may cancel your Subscription before it takes effect; the change will not apply to the remaining portion of your then-current Subscription term.
The Effective date shown at the top of this page indicates when these Terms were last changed.
18Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of Malta, without regard to its conflict-of-laws principles, and excluding the UN Convention on Contracts for the International Sale of Goods.
The courts of Malta have exclusive jurisdiction to settle any dispute, except that nothing in this clause limits any mandatory consumer right available to you under the law of your country of residence. In particular, where you are an EU consumer, your right to bring proceedings in the courts of your member state of residence, or to refer a dispute to your local consumer-redress body, is preserved.
You may also use the European Commission's Online Dispute Resolution platform to attempt informal resolution before recourse to the courts.
19General
- Entire agreement. These Terms, together with our Privacy Notice and any document expressly incorporated by reference, are the entire agreement between you and us regarding the Service.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.
- No waiver. Our failure to enforce any provision is not a waiver of that or any other provision.
- Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in the event of a merger, acquisition, or sale of all or substantially all of our assets, on no less favourable terms to you.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
20Contact
General contact: hello@fluentry.be. Legal notices may be sent to the registered office set out in section 1.
21Status
Drafting status
These Terms are a version 1 draft prepared internally and pending external counsel review. Counsel review will be reflected in a version 2 update. Where this version and the eventual counsel-reviewed version diverge, the counsel-reviewed version will govern from the date of its publication forward; this version remains in force for contracts formed between the effective date above and that publication.
