Terms of Service

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 Academy courses, teams, the score reveal, the share mechanic and account management at /account/data.

Pillar 1

the tests product, live at the effective date of these Terms.

Academy

the courses, live at the effective date of these Terms.

Team

a group of up to 50 accounts created by an account holder, who can invite people and see their course progress.

AI features

Flo (the course companion), the tutor and the practice sandbox inside the courses.

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, text you type into the AI features, account details, optional metadata, and support correspondence.

Result

the score, grade band, and percentile position derived from your Submissions.

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. 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.

If you create a team, you are responsible for who you invite. The team's owner and admins can see each member's name, email address and course progress. If you join a team, you agree to them seeing this. To leave a team, ask its owner or write to us.

We may suspend or close accounts that breach these Terms (see section 12).

6The Service: what you get

Tests

The tests are free. You can take one test a day without an account. You receive your score, grade band and a share-ready result card.

Academy

The courses are free. You need a Fluëntry account with a confirmed email address, so that we can keep your progress and your certificates.

Teams

Teams are free for up to 50 people. For a larger team, write to us through the contact form.

AI features

The courses include AI features. To keep the service free we limit how much each learner can use them in a day, and how much the whole service uses in a month. When a limit is reached, the course carries on without the AI parts until the limit resets.

7No charges

Fluëntry is free. We do not charge for the tests, the courses or teams, and we never ask for a payment card. If that ever changes, we will tell account holders by email at least 30 days before, and nothing will be charged without your explicit agreement.

8Acceptable 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, the AI usage limits, anti-gaming protections or any security mechanism.
• Resell, rent, sub-license, or commercially exploit the Service, except under a separate written agreement with us.
• Put confidential information or other people's personal data into the AI features.
• 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 12) and reporting to law-enforcement where applicable.

9Intellectual 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 organisations with a separate written agreement, for the use defined there).

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 AI model and we do not sell them. Text you type into the AI features is sent to our AI model gateway and the model provider only to produce the reply (see our Privacy Notice). Test responses are never sent to them.

10Test 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.

11AI 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.
• Flo, the tutor and the practice sandbox are AI. Their replies are generated by a language model, can be wrong and are not professional advice.
• A certificate of completion shows that you finished a course. It is not a professional qualification.

12Suspension and termination

You may delete your account at any time from /account/data, or by writing to hello@fluentry.be. Deletion ends these Terms.

We may suspend or close your account, with notice where reasonably practicable, if you breach these Terms (in particular section 8), or if your conduct creates legal, security, or operational risk for us or for other users. Where the breach is corrigible we will give you a reasonable opportunity to correct it first.

13Disclaimers 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 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).

14Indemnity

If you use the Service in breach of these Terms (in particular section 8) 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.

15Changes to these Terms

We may update these Terms from time to time. For material changes (changes that affect your rights or the nature of the Service) we will give account holders at least 30 days' notice by email before the change takes effect. If you do not agree to a material change, you may delete your account before it takes effect.

The Effective date shown at the top of this page indicates when these Terms were last changed.

16Governing 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.

17General

• 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.

18Contact

General contact: hello@fluentry.be. Legal notices may be sent to the registered office set out in section 1.

19Status