Terms of Service

Last updated: April 30, 2026

These Terms of Service ("Terms") are a binding agreement between you and Watch Your Tones (operated by Everitt Gill) ("we," "us," "our") governing your use of Watch Your Tones (the "Service"), available at watchyourtones.com and related domains. By creating an account, starting a free trial, or using the Service in any way, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you must have a parent or guardian's consent. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions)
• You are not on OFAC's Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List, or any other U.S. government list of prohibited or restricted parties
• You will not use the Service for any purpose prohibited by U.S. export-control laws

2. Your account

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• Notify us immediately at sellitwitheveritt@gmail.com if you suspect unauthorized access.
• You agree to provide accurate account information and to keep it up to date, including the email address we use for legal and billing notices.
• One person may not create multiple accounts to evade limits, circumvent suspensions, or receive multiple trials.
• You agree to cooperate with reasonable requests to investigate suspected violations of these Terms, including providing account information or logs.

3. Free trial, subscription, and billing

3.1 Free trial

• The Service offers a 7-day free trial when you start a subscription.
• No charge is made during the trial.
• You may cancel at any time during the trial at no cost.
• Your trial will automatically convert to a paid subscription at the end of the 7-day period and your payment method will be charged the then-current subscription fee, unless you cancel before the trial ends. You acknowledge that you have been clearly informed of this auto-conversion at signup.

3.2 Subscription

• The standard subscription is $19.99 USD per month or $149 USD per year (plus applicable taxes), depending on the plan you choose.
• Subscriptions renew automatically on the same monthly or annual cadence on the anniversary of the original subscription start date, until cancelled.
• You authorize us (and our payment processor, Paddle) to charge your payment method for each billing cycle until you cancel.
• Pricing is in U.S. dollars. You are responsible for all applicable taxes.

3.3 Payment processor

Billing is handled by Paddle, our payment processor and merchant of record. By subscribing, you also agree to Paddle's Buyer Terms and Privacy Policy as they apply to payment processing. We do not store your full payment card details. Paddle provides us with subscription state, your email, and partial card metadata (brand, last 4 digits, expiry).

3.4 Cancellation

• You can cancel at any time from your account settings, via the customer portal link in your billing emails, or by emailing sellitwitheveritt@gmail.com.
• Cancellation takes effect at the end of the current billing period. You retain access until then.
• We do not offer prorated refunds for partial months or years, except as described in Section 4.
• For California residents: you may cancel online in a single step; no phone call or live chat is required.

3.5 Chargebacks and payment disputes

If you have a billing question or dispute, contact us at sellitwitheveritt@gmail.com first. If you initiate a chargeback with your card issuer without first contacting us, we may suspend your account pending resolution. If a chargeback is ultimately resolved in our favor, you remain responsible for the disputed amount and any reasonable fees we incur in responding to the chargeback.

3.6 Price changes

We may change pricing from time to time. Existing subscribers will receive at least 30 days' notice of any price increase by email. The new price will apply starting from the next billing cycle after the notice period. If you do not accept the new price, you may cancel before it takes effect.

4. Refunds

All fees are non-refundable once a billing period begins, except:

• Where required by applicable law (including consumer-protection laws in your jurisdiction)
• Within 14 days of your first paid charge, if you are an EU or UK consumer exercising your statutory right of withdrawal — subject to our right to refuse if you have substantially consumed the Service during that period

We may refuse any refund request we reasonably believe is fraudulent, abusive, or made by a user in violation of these Terms. We may, at our sole discretion, issue goodwill refunds outside of these cases; such refunds are not a waiver of our general no-refund policy and do not create an obligation to issue future refunds. Refunds, when granted, are issued through Paddle to the original payment method within 5–10 business days.

A standalone, plain-language version of this policy is at /refund.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Attempt to reverse-engineer, decompile, or otherwise extract the source code, models, or algorithms of the Service, except where such prohibition is itself prohibited by law
• Interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure — including by sending automated requests, scraping, probing for vulnerabilities, or performing load testing without prior written authorization
• Upload or submit content that is illegal, harassing, hateful, sexually explicit, threatening, defamatory, or infringing on others' rights
• Use the Service to generate or facilitate spam, phishing, fraud, harassment, or other abusive content
• Impersonate another person or create accounts under false identities
• Resell, redistribute, sublicense, white-label, or provide the Service to third parties without our prior written permission
• Share your account credentials with others or allow others to use your account
• Remove or obscure any copyright, trademark, or other proprietary notices in the Service
• Use the Service (or any output of the Service, including transcriptions, scores, audio, text, or AI responses) to build, train, benchmark, or otherwise improve any competing or substantially similar product, or to extract training data for any AI or machine-learning model
• Use the Service in violation of applicable U.S. or international export-control, sanctions, anti-spam, telemarketing, or consumer-protection laws

Enforcement

We may, at our sole discretion and without prior notice, remove content, suspend access, or terminate accounts for violations of this Section 5. We reserve the right to investigate suspected violations, including by reviewing account activity, cooperating with law enforcement, and preserving evidence.

6. Content and intellectual property

6.1 Our content

We retain all rights in the Service — including the website, branding, logos, code, AI-generated teaching content, study content, tone-scoring algorithms, feature designs, and documentation. Nothing in these Terms transfers any of those rights to you. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial language learning during your subscription period.

6.2 Your content

You retain ownership of the content you provide to the Service, including your voice recordings, transcriptions, conversation messages, and saved vocabulary ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, process, transmit, store, and display Your Content solely for the purposes of operating, maintaining, and improving the Service, as described in the Privacy Policy. This license lasts only as long as we need it to operate the Service, and ends when Your Content is deleted (subject to backup purge windows described in the Privacy Policy). We will not sell Your Content and will not license Your Content to third parties for training of generative AI models they operate.

6.3 De-identified and anonymized data

You grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use de-identified and anonymized data derived from Your Content for any lawful business purpose, including improving our tone-scoring accuracy, speech-recognition calibration, model development, analytics, and research. "De-identified" or "anonymized" means data from which reasonable measures have been taken so that it cannot be linked back to you. Once de-identified, this data is no longer personal data and is not subject to the deletion or retention limitations that apply to personal data.

6.4 Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation to you.

6.5 Moral rights

To the extent permitted by law, you waive any moral rights you may hold in Your Content with respect to the licenses granted in Sections 6.2 and 6.3. Where a waiver is not permitted, you agree not to assert such rights against us or anyone acting under our license.

7. AI content, tone scoring, and voice processing

7.1 AI-generated content is imperfect

The Service uses AI models from Anthropic (Claude) and speech-processing technology from Groq and iFlytek to generate conversation responses, teaching content, transcriptions, and pronunciation feedback. AI output may be inaccurate, incomplete, outdated, biased, or occasionally surprising. Do not rely on AI-generated content for medical, legal, financial, safety-critical, or other consequential decisions. You are responsible for independently verifying any factual claim generated by the Service before relying on it.

7.2 Tone scoring is not a certification

Pronunciation scores, tone-accuracy metrics, fluency scores, and similar metrics are algorithmic estimates intended solely as learning aids. They are not a measurement of language proficiency and must not be represented to any third party — including employers, academic institutions, certification bodies, immigration authorities, or testing organizations — as evidence of your Mandarin ability or as any form of credential. The Service is a practice tool, not a substitute for a qualified teacher, tutor, or examiner.

7.3 Voice processing is not biometric identification

Your voice recordings are processed to produce transcriptions, pronunciation scores, and AI tutor responses. We do not create voiceprints, conduct speaker recognition, perform speaker verification, or use your voice to uniquely identify, re-identify, or authenticate you. To the extent any state or national law (including the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, or the California Consumer Privacy Act's "sensitive personal information" definition) applies to voice data processed by the Service, you acknowledge that you are providing informed consent to such processing for the limited Service-delivery and internal Service-improvement purposes described in the Privacy Policy, and you consent to such processing.

8. Service availability, changes, and beta features

• We work hard to keep the Service running, but we do not guarantee 100% uptime or uninterrupted, error-free operation.
• The Service depends on third-party APIs (AI models, speech processing, hosting, payment processing). We are not responsible for outages, changes, or terminations of any third-party service that affect the Service.
• We may modify, suspend, or discontinue features at any time. For material, adverse changes that significantly reduce core functionality, we will give at least 30 days' notice by email or in-app notice.
• Features labeled "beta," "preview," or "experimental" may be unstable, may change without notice, and are provided entirely on an "as is" basis.

9. Third-party services

The Service integrates with third-party providers (listed in our Privacy Policy). We are not responsible for the performance, availability, or acts or omissions of any third-party service.

10. Termination

10.1 Termination by you

You may terminate your account at any time via your account settings or by contacting sellitwitheveritt@gmail.com. Cancellation of a paid subscription takes effect at the end of the current billing period unless otherwise agreed.

10.2 Termination by us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms
• You engage in fraud, abuse, chargeback abuse, or illegal activity
• Your account poses a security or operational risk to the Service or to other users
• We are required to do so by law

10.3 Inactive accounts

We may suspend or terminate accounts that have been inactive (no login or meaningful use) for 24 months or more, with at least 30 days' notice to the email on file. Cancellation of an inactive subscription does not entitle you to a refund of fees previously paid.

10.4 Effect of termination

On termination, your access to the Service ends. Your data is handled as described in the Privacy Policy. Sections that are intended to survive termination (see Section 18.1) will continue to apply.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Service will meet your specific requirements or learning goals
• The Service will be uninterrupted, timely, secure, or error-free
• Transcription accuracy, tone-scoring results, or AI tutor responses will be accurate, reliable, complete, or suitable for any particular purpose
• The Service will be free from loss, corruption, attack, or security breach

The Service is an educational and practice tool. It is not, and does not purport to be, a certification, credentialing, instructional, diagnostic, or examining service. Outputs of the Service may not be represented to any third party as a language credential.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Exclusion of indirect damages. We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, learning progress, vocabulary, flashcard records, or goodwill — whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
• Cap on total liability. Our total cumulative liability to you, for all claims arising from or related to the Service or these Terms, is limited to the lesser of (a) the amount you paid us in the three (3) months prior to the event giving rise to the claim, or (b) $100 USD.
• Specific exclusions. Without limiting the foregoing, we have no liability for: (i) loss or corruption of learning progress, flashcard data, vocabulary, or transcription history; (ii) inaccurate pronunciation scores or transcriptions; (iii) content generated by AI models integrated into the Service; (iv) failures, changes, or outages of any third-party service on which the Service depends.

Some jurisdictions (including some U.S. states) do not allow the limitation of certain damages, in which case our liability is limited to the smallest amount permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold us (and our officers, directors, employees, contractors, and affiliates) harmless from and against any claim, liability, damage, loss, cost, or expense (including reasonable legal fees) arising out of or related to:

• Your misuse of the Service or violation of these Terms
• Your violation of any law or the rights of a third party
• Any content you submit to the Service that infringes another party's rights
• Your use of any AI-generated output from the Service outside the Service (including publication, distribution, or commercial use of AI-generated responses, transcriptions, or scores), and any claim that such use caused harm to a third party
• Regulatory fines, penalties, or enforcement actions arising from your violation of any law in your use of the Service
• Reasonable costs we incur in responding to subpoenas, legal process, or investigations related to your account

14. Governing law, dispute resolution, arbitration, and class-action waiver

14.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 14.3.

14.2 Informal dispute resolution (required before arbitration)

Before initiating arbitration, you agree to notify us of the dispute by emailing sellitwitheveritt@gmail.com with subject line "Notice of Dispute." The notice must include your name, the email associated with your account, a clear description of the dispute, and the specific relief you seek. You agree not to initiate arbitration before 60 days after we receive a valid Notice of Dispute. During this 60-day period, we will attempt in good faith to resolve the dispute informally. This informal resolution period is a condition precedent to arbitration; any arbitration demand filed before the period ends is premature.

14.3 Arbitration (U.S. users)

If you are a U.S. user and the dispute is not resolved under Section 14.2, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small-claims court if they qualify for that court's jurisdiction; and (b) either party may bring an action in court to enforce intellectual-property rights or to seek injunctive relief.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. The arbitration will be conducted in English. The seat of arbitration will be Delaware, United States, unless applicable law requires otherwise. The arbitrator will have authority to grant any remedy available in court.

Mass-arbitration batching. If 25 or more demands of substantially similar nature are filed against us within any 60-day period (the "Batch"), the parties agree that arbitration will proceed in staged batches of no more than 50 claimants at a time. Batches will be initiated sequentially; each batch will conclude before the next begins. Each claimant in subsequent batches agrees that the applicable statute of limitations is tolled until their batch is initiated. This procedure is intended to provide an efficient and fair mechanism for resolving large-scale disputes while preserving each claimant's individual arbitration right.

14.4 Class-action waiver

You and we agree that any arbitration or legal proceeding will be conducted only on an individual basis, not as a class, consolidated, collective, or representative action. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable with respect to any claim, then the entirety of Section 14.3 is null and void with respect to that claim, but the rest of these Terms remain in effect.

14.5 Jury trial waiver

YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.6 Confidentiality of arbitration

Except as necessary to enforce an award, seek equitable relief, or comply with legal process, you and we agree to keep the existence, content, and outcome of any arbitration under Section 14.3 confidential, including any settlement discussions. Disclosure may be made to legal counsel, accountants, and other professional advisors who are bound by confidentiality obligations.

14.7 30-day opt-out

You may opt out of the arbitration provisions in Sections 14.3, 14.4, 14.5, and 14.6 by sending written notice to sellitwitheveritt@gmail.com with subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you are opting out. Opting out does not affect any other provision of these Terms.

14.8 Service of process

You consent to service of any legal notice, process, or documents related to these Terms by email to the email address associated with your account, to the maximum extent permitted by law. Notices to us must be sent to sellitwitheveritt@gmail.com with subject line "Legal Notice."

14.9 Non-U.S. users

If you are not a U.S. user, Sections 14.3 through 14.7 do not apply to you. Disputes will be resolved by the courts of Delaware, United States, to whose jurisdiction you consent, or by the courts of your country of residence where required by applicable consumer-protection law.

15. DMCA / copyright

15.1 Notice procedure

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to sellitwitheveritt@gmail.com with subject line "DMCA Notice" containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, with enough detail for us to locate it
• Your contact information (name, address, phone, email)
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act

Submitting false notices may expose you to liability. If we receive a valid counter-notice, we may restore the content after 10–14 business days, as permitted by the DMCA.

15.2 Repeat-infringer policy

We will terminate the accounts of users determined to be repeat infringers in appropriate circumstances. A "repeat infringer" is a user against whom we have received two or more valid DMCA notices alleging different acts of infringement within any 12-month period.

16. Modifications to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. For material changes that adversely affect your rights, we will give at least 30 days' notice by email or in-app notice before the change takes effect. Non-material changes — including typographical fixes, clarifications, reorganization, and new features that do not diminish your existing rights — may take effect immediately upon posting. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

17. Notices

Any notice we are required to give you under these Terms may be delivered by email to the address on your account or by a notice in the Service. You are responsible for keeping your account email current. You waive any requirement of physical service where waiver is permitted by law.

18. Miscellaneous

18.1 Survival

Sections 3 (as to fees owed), 4, 6, 7, 10.4, 11, 12, 13, 14, 15, 17, and 18, together with any other provisions that by their nature should survive termination, will survive any termination or expiration of these Terms.

18.2 Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

18.3 Severability and reformation

If any provision of these Terms is held unenforceable, that provision will be modified or, if modification is not possible, struck — only to the minimum extent necessary — and the remaining provisions will remain in full force and effect.

18.4 No waiver

Our failure to enforce any provision is not a waiver of future enforcement. No waiver is effective unless in writing and signed by an authorized representative of us.

18.5 Assignment

You may not assign these Terms without our prior written consent; any purported assignment in violation is void. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of substantially all our assets.

18.6 No agency, no third-party beneficiaries

You and we are independent contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms. These Terms are solely for the benefit of you and us; no other person has any rights under these Terms.

18.7 Force majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, war, labor disputes, civil unrest, acts of government, internet or power outages, pandemics, or failures of upstream third-party services.

18.8 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

19. Contact

Email: sellitwitheveritt@gmail.com
Operator: Watch Your Tones (operated by Everitt Gill)