Terms of Service (Lexicon)

Effective date: January 10, 2025

1. Who We Are

These Terms of Service ("Terms") govern your use of Lexicon (the "Service"), accessible at https://uselexicon.app and related products.

Lexicon is operated by:

  • Arqive Solutions ("we", "us", "our")
  • Registered in the Netherlands under KVK number 97441368, VAT ID NL005270446B29.
  • Official contact email: arqive.solutions.app@gmail.com.
  • Registered office details are available via the Dutch Chamber of Commerce.

By creating an account or using Lexicon, you agree to these Terms.

If you do not agree, do not use the Service.

2. Description of the Service

Lexicon is a web-based application that helps users improve their speaking skills, including vocabulary, sentence structure, and overall speech performance.

Key features may include:

  • Voice recording and analysis via your browser (e.g., Chrome, Safari, Edge).
  • Feedback on pronunciation, vocabulary usage, fluency, and structure.
  • Progress tracking, streaks, improvement metrics.
  • Access to additional features under a paid subscription ("Pro" or similar).

We may update, add, or remove features at any time.

3. Eligibility & Accounts

General use: You must be able to enter into a binding contract under applicable law.

Minors (15–17):

  • The Service is not directed to children under 15.
  • If you are 15–17, you may only use the Service with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.

Children under 15:

  • You may not use Lexicon. If we learn we have collected data from someone under 15 without consent, we will delete it.

You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activity under your account.

We may suspend or terminate accounts that violate these Terms or applicable law.

4. Subscriptions, Billing & Cancellation

Lexicon offers:

  • Free access with limited features.
  • Paid plans including:
    • Monthly subscription
    • Yearly subscription
    • Lifetime or one-time purchase options (where available)

Payment processing is handled by third-party provider(s), currently including Polar.sh. We do not store full payment card details.

Billing & Renewal

  • Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal.
  • By starting a subscription, you authorize our payment processor to charge the applicable fees.

Cancellation

  • You may cancel your subscription at any time via your account settings (or as otherwise instructed).
  • Cancellation takes effect at the end of the current billing period.
  • You will retain access to paid features until that date.

Refunds

  • No refunds are provided for partial periods, unused time, or downgrades, except where required by applicable law.
  • We may change pricing or plan structure; changes will apply from the next billing cycle with notice where legally required.

5. Acceptable Use

You agree not to:

  • Use Lexicon for any unlawful purpose or in violation of applicable laws.
  • Upload, transmit, or record content that is:
    • Hateful, harassing, discriminatory, or violent.
    • Pornographic or sexually exploitative.
    • Defamatory or invasive of privacy.
  • Attempt to:
    • Reverse engineer, decompile, or otherwise access source code.
    • Bypass security or technical protections.
    • Interfere with or disrupt the Service.
  • Use Lexicon to:
    • Train competing services through scraping/automation without our consent.
    • Impersonate others or misrepresent your identity.
    • Spam or abuse other platforms using outputs from Lexicon.

We may suspend or terminate your access if we reasonably believe you breached these Terms.

(Expanded in the Acceptable Use Policy below.)

6. AI, Feedback & No Guarantees

Lexicon may use third-party AI models (e.g., Google Gemini or similar providers) to analyze your audio and generate feedback.

You understand and agree that:

  • AI-generated feedback may be inaccurate, incomplete, or not suitable for your specific context.
  • We do not guarantee:
    • Academic results (IELTS/TOEFL scores).
    • Professional outcomes.
    • Any particular level of language improvement.

Use the Service as a learning aid, not as a substitute for certified instruction, legal, medical, migration, or professional advice.

7. Intellectual Property

All software, features, content, and branding of Lexicon are owned or licensed by Arqive Solutions and are protected by applicable law.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

You may not:

  • Copy, resell, or exploit the Service.
  • Remove proprietary notices.

You retain rights in your own content and voice recordings, subject to the licenses granted below.

8. User Content & License

By using Lexicon, you may generate or submit:

  • Voice recordings
  • Progress metrics
  • Configuration/usage data

You grant us a worldwide, non-exclusive, royalty-free license to:

  • Process your content for the purpose of:
    • Providing, maintaining, and improving the Service.
    • Generating feedback and analytics for you.
  • Store such content in our systems (e.g., Supabase) in accordance with our Privacy Policy.

Model Training / R&D

  • We will not use your identifiable voice recordings to train internal models unless you give explicit opt-in consent.
  • We may use aggregated and anonymised data (e.g., usage statistics, performance metrics) to improve Lexicon, as described in the Privacy Policy.

9. Third-Party Services

Lexicon integrates with third-party services, such as:

  • Supabase (authentication, database, storage)
  • Resend (email delivery)
  • Google Analytics or similar (usage analytics)
  • AI providers (e.g., Gemini / other LLMs)
  • Polar.sh (payments)

Your use of Lexicon may involve these services processing your data on our behalf or as independent controllers. See our Privacy Policy for details.

10. Service Availability & Changes

  • The Service is provided on an "as is" and "as available" basis.
  • We do not guarantee uninterrupted or error-free operation.
  • We may modify, suspend, or discontinue parts or all of the Service at any time, including features or pricing.
  • We are not liable for any loss resulting from such changes, except as required by law.

11. Limitation of Liability

To the fullest extent permitted by law:

We are not liable for:

  • Indirect, incidental, consequential, punitive, or special damages.
  • Loss of data, revenue, profits, or opportunities.

Our total aggregate liability for any claim related to the Service is limited to:

  • The amount you paid to us for the Service in the 3 months preceding the event giving rise to the claim, or €50, whichever is higher.

Nothing excludes liability where it cannot be excluded under applicable law.

12. Indemnity

You agree to indemnify and hold harmless Arqive Solutions from claims arising out of:

  • Your use of the Service.
  • Your violation of these Terms or applicable law.
  • Your misuse of AI outputs or content generated via Lexicon.

13. Governing Law & Disputes

  • These Terms are governed by the laws of the Netherlands, without regard to conflict of law rules.
  • Unless mandatory law provides otherwise, disputes shall be submitted to the competent courts in the Netherlands.
  • Consumers in the EU may have additional rights to use alternative dispute resolution mechanisms.

14. Changes to These Terms

We may update these Terms periodically. If changes are material, we will provide notice (e.g., via email or in-app).

Continued use of Lexicon after changes become effective constitutes acceptance.

15. Contact

For questions about these Terms:

  • Email: arqive.solutions.app@gmail.com
  • Website: https://uselexicon.app