Terms of Service

Welcome to EnglishCompanion. These Terms of Service ("Terms") form a binding agreement between you and Wazo Smart Systems Ltd ("we", "us", or "our"), a limited company registered in Kenya, governing your use of the EnglishCompanion platform at app.englishcompanion.co.ke and related services (the "Service").

By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Eligibility

To use the Service, you must:

• Be at least 16 years old (or have parental/guardian consent if 16–17)
• Have the legal capacity to enter into binding agreements under Kenyan law
• Provide accurate and complete information when creating an account
• Comply with all applicable laws in your jurisdiction

2. Your Account

You are responsible for:

• Maintaining the confidentiality of your account credentials (or your Google account if you sign in via OAuth)
• All activities that occur under your account
• Notifying us immediately of any unauthorised access

You agree not to:

• Share your account with others or allow multiple people to use one account
• Create multiple accounts to circumvent restrictions or duplicate free trials
• Misrepresent your identity

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Our Service

EnglishCompanion provides online exam preparation tools including but not limited to:

• Practice questions and quizzes for IELTS and NCLEX-RN examinations
• Mock examinations and adaptive testing
• AI-powered feedback on writing and speaking responses
• Study plans, flashcards, and progress tracking
• Educational content including lessons, rationales, and explanations

4. Course Access and Enrolment

Some courses on EnglishCompanion require:

• Payment: You purchase access to the course content
• Admin approval: For some courses, an administrator may need to review and approve your enrolment request

Access is granted on a per-course basis. Once enrolled, you may access course content for the period specified at the time of purchase (typically 12 months unless otherwise stated).

5. Payments and Pricing

All prices are listed in Kenyan Shillings (KSh) unless otherwise stated. Prices include applicable taxes.

We accept payment via:

• M-Pesa
• Credit/debit cards (via Stripe)
• Other methods as offered on our payment page

Payment is required upfront before course access is granted. We reserve the right to change prices at any time, but changes will not affect courses you have already purchased.

6. Refund Policy

To request a refund:

1. Email refunds@englishcompanion.co.ke with your account email and order details
2. State the reason for the refund (optional, but helps us improve)
3. We will process the refund within 7 business days via your original payment method

Refunds will not be granted in the following cases:

• More than 14 days have passed since purchase
• You have completed 30% or more of the course content
• The request is made after sitting the relevant examination
• Account violations including content sharing, multiple accounts, or fraud

For M-Pesa transactions, refunds are issued via M-Pesa to the same phone number used for payment. For Stripe transactions, refunds appear on the original card within 5–10 business days depending on your bank.

7. Acceptable Use

You agree NOT to:

• Copy, distribute, sell, or commercially exploit any content from the Service
• Share your account credentials or course materials with others
• Use automated tools (bots, scrapers) to access the Service
• Attempt to reverse-engineer, hack, or compromise the Service's security
• Upload viruses, malware, or any harmful content
• Use the Service to harass, threaten, or discriminate against others
• Post false, misleading, or inappropriate content in community features (forums, comments)
• Impersonate another person or entity
• Violate any applicable laws or regulations

Violations may result in immediate account suspension or termination without refund.

8. Intellectual Property

All content on the Service — including questions, lessons, rationales, explanations, design, code, logos, and trademarks — is owned by Wazo Smart Systems Ltd or our licensors and is protected by Kenyan and international copyright laws.

You receive a limited, non-exclusive, non-transferable licence to access and use the content for your personal exam preparation only. You may not:

• Reproduce or distribute the content publicly
• Create derivative works
• Use the content for commercial purposes
• Remove copyright or trademark notices

Content you create (e.g., essay submissions, forum posts) remains your property, but by submitting it you grant us a non-exclusive licence to use it for providing the Service (including AI feedback) and for anonymised improvement of the Service.

9. AI Features

The Service uses third-party AI providers (Anthropic, OpenAI) to provide feedback on your writing, speaking, and other inputs. By using AI features, you understand that:

• AI-generated feedback is automated and may contain errors or inaccuracies
• AI feedback is for educational guidance only and is not a substitute for professional review by qualified examiners
• Your submitted content is processed by the AI provider's systems (see our Privacy Policy)
• We do not guarantee any specific quality or accuracy of AI-generated feedback

10. User Content and Community

If the Service includes community features (forums, comments, study groups), you are responsible for the content you post. You must not post content that is:

• Illegal, threatening, harassing, or hateful
• Sexually explicit or inappropriate
• Promoting cheating, exam fraud, or academic dishonesty
• Spam, advertising, or off-topic
• Infringing on others' intellectual property or privacy

We may remove any content that violates these Terms at our discretion.

11. Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails or is reversed
• We are required to by law or court order
• Your activity threatens the security or integrity of the Service

You may delete your account at any time through your account settings or by emailing us at hello@englishcompanion.co.ke. Upon deletion, you will lose access to the Service, but our data retention policies apply (see Privacy Policy).

12. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by Kenyan law, we disclaim:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or 100% secure
• Warranties about exam outcomes or learning results
• Warranties about the accuracy of third-party AI-generated content

13. Limitation of Liability

To the maximum extent permitted by Kenyan law, Wazo Smart Systems Ltd, its directors, employees, and partners shall not be liable for any:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages exceeding the amount you paid us in the 12 months prior to the claim

This limitation applies whether the claim is based on contract, tort, negligence, or any other legal theory, and even if we have been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify and hold harmless Wazo Smart Systems Ltd from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Service

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date and notify you of material changes via email or through a notice on the Service. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law principles.

Any dispute arising from these Terms or the Service shall be resolved as follows:

1. Informal resolution: We encourage you to contact us first at hello@englishcompanion.co.ke to resolve any issue informally
2. Mediation: If informal resolution fails, we agree to attempt mediation in good faith
3. Courts: If mediation fails, disputes shall be resolved exclusively in the courts of Kenya, with venue in Nairobi

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right or provision does not waive that right
• Assignment: You may not assign these Terms; we may assign them to a successor or affiliate
• Notices: We will send notices to the email address on your account

18. Contact Us

→ Read our Privacy Policy

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