If you’ve activated your Fluenz program purchased directly from Fluenz or directly from Amazon.com, you have access to Fluenz Anywhere, our set of virtual and downloadable tools to continue learning on any device.
If you haven’t activated your Fluenz program, click here:
*The Fluenz Anywhere services are only available to people who have purchased directly from Fluenz or Amazon. It is not available to users who have purchased Fluenz second-hand, or from Amazon sellers selling old or grey market versions of the program.
1. Consent to the TOS and Account Registration The TOS apply to users of the Fluenz Services Suite, which include but are not limited to Fluenz Flashcards, Fluenz Commons, and Fluenz Online.
(b) Use of the Fluenz Services Suite by Minors. Children under 18 or the age of majority in their jurisdiction of residence (“Minors”) may use the Fluenz Services Suite, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use the Fluenz Services Suite if they can understand their rights and responsibilities as stated in the TOS. If you are a parent or guardian and you provide your consent to a Minor’s use of the Fluenz Services Suite, you agree to be bound by the Minor’s use of the Fluenz Services Suite and by the TOS.
(c) Account Confidentiality. You agree that you have the responsibility for maintaining the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your Account Information.
(d) No Guarantee of Availability. As part of our process of continuously improving the Fluenz Services Suite, we may retire certain sections, workouts, or features, or enable sections, workouts or features. We reserve the right to make modifications to the Fluenz Services Suite at our discretion.
2. Intellectual Property The Fluenz Services Suite, including, but not limited to, text, graphics, games, software and images (collectively “Content”), is proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Fluenz Services Suite is also protected as a collective work or compilation under United States copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Fluenz Services Suite. You agree that, without our prior written consent, you may not download, copy or store Content in any form outside of the Fluenz Services Suite and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of the Content. You acknowledge that the Fluenz Services Suite has been developed, compiled, prepared, revised, selected, and arranged by Fluenz Inc. and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Fluenz Services Suite and such others. You agree to protect the proprietary rights of Fluenz Services Suite and all others having rights in the Fluenz Services Suite during and after the term of this agreement and to comply with all reasonable written requests made by Fluenz Services Suite or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Fluenz Services Suite. You agree to notify Fluenz Services Suite immediately upon becoming aware of any unauthorized access or use of the Fluenz Services Suite by any individual or entity or of any claim that Fluenz Services Suite infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Fluenz Services Suite shall, as between you and Fluenz Inc, at all times be and remain the sole and exclusive property of Fluenz Inc.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any of such items. You agree that all data and algorithms in our flash files and associated servers are “trade secrets.”
3. Your License to Use The Fluenz Services Suite We provide you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal and non-commercial use of the Fluenz Services Suite, subject to the TOS. If the TOS are not enforceable where you are located, you may not use the Fluenz Services Suite. Fluenz Inc reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. Restrictions and Prohibited Uses The Fluenz Services Suite are used by tens of thousands of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except as provided in the TOS, you shall not:
Attempt to impersonate another person or use as a Fluenz ID a name subject to any rights of another person without appropriate authorization; Use, share or distribute Fluenz Services Suite for your own educational or business research purposes without our prior express written consent; Crack or attempt to crack Fluenz Services Suite flash (.SWF) files; Violate or attempt to violate Fluenz Services Suite security features, including accessing content not intended for you, logging into a server or account that you are not authorized to access, or probing, scanning, or testing the vulnerability of the Fluenz Services Suite or associated systems and networks; Recirculate, distribute, recompile, decompile, disassemble, reverse engineer, store, transmit, publish, copy, download, make or distribute the Fluenz Services Suite, or any portion thereof, or any derivative work from, including Fluenz Online, Fluenz Commons, or Fluenz Flashcards source code; Use the Fluenz Services Suite to affect our ability to realize revenue in connection with the Fluenz Services Suite or compete with the business of Fluenz Inc. or its affiliates; Scrape, access, monitor, or copy any content or information on the Fluenz Services Suite by accessing the Fluenz Services Suite in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Fluenz Services Suite through a browser or mobile device or accessing the Fluenz Services Suite through any approved API; Violate the restrictions in any robot exclusion headers of the Fluenz Services Suite, if any, or bypass or circumvent other measures employed to prevent or limit access to Fluenz Services Suite; Use the Fluenz Services Suite in any manner that could harm, takeover, disable, overburden, or otherwise impair any of our computer systems; Interfere with any other party’s use and enjoyment of the Fluenz Services Suite, or any of the content, information, or services provided through the Fluenz Services Suite; Use the Fluenz Services Suite, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Fluenz Inc. or its affiliates, in unsolicited mailings or spam material or to operate contests; Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate; Post or transmit any communications intended to obtain personal information from any other user, including minors; Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Fluenz Services Suite or on any materials copied from the Fluenz Services Suite; or Use the Fluenz Services Suite to violate any laws, for any illegal purposes or in any manner inconsistent with the provisions of the Violating any of these restrictions or engaging in prohibited uses is grounds for immediate termination of your Fluenz Services Suite account. It may also subject you to civil or criminal penalties.
5. Your Content and Feedback Some sections of the Fluenz Services Suite (i.e. Fluenz Commons) either now or in the future may allow you to post or submit content and materials for publication on the Fluenz Services Suite. You are solely responsible for all content and materials that you post or submit to the Fluenz Services Suite for such purposes (“Your Content”), and acknowledge that once published, Your Content cannot always be withdrawn. When using the Fluenz Services Suite, you shall not submit, upload, post, or otherwise make available any material that violates the Restrictions contained in Section 4 above.
By uploading Your Content, you are representing that you own Your Content, and that you will indemnify Fluenz Inc., its subsidiaries, and affiliates for all claims resulting from Your Content.
You assume all risks associated with Your Content, and Fluenz Inc. takes no responsibility and assumes no liability for any content you submit. Fluenz Inc may, but is not required to, monitor the content on its site using any means to screen, block, filter, edit or remove content. Fluenz Inc may terminate or suspend users’ accounts or delete, edit or remove content that Fluenz Inc, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.
For Your Content, you agree that Fluenz Inc., its subsidiaries, and affiliates have a non-exclusive, transferable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed. You assign Fluenz Inc the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOS, scraped, copied, or distributed content from the Fluenz Services Suite that has been provided to us by you and for which you have not granted such third parties a separate license to use.
We appreciate when you provide us feedback through customer service, by email or social features, but please be aware that we may use any feedback, comments, or suggestions without any obligations to you.
6. Warranty Disclaimer YOU AGREE THAT USE OF THE FLUENZ SERVICES SUITE IS AT YOUR OWN SOLE RISK AND THAT THE FLUENZ SERVICES SUITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENZ INC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FLUENZ SERVICES SUITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
FLUENZ INC. MAINTAINS THE FLUENZ SERVICES SUITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE FLUENZ SERVICES SUITE. THE FLUENZ SERVICES SUITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU WILL NOT HOLD FLUENZ INC. RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE FLUENZ SERVICES SUITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF THE FLUENZ SERVICES SUITE.
YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLD FLUENZ INC RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS.
We strive to make the Fluenz Services Suite accessible on many web browsers and devices and we may update the technologies that we use for the Fluenz Services Suite. Because technologies vary widely and rapidly change, we are not able to guarantee that the Fluenz Services Suite will function on all systems or network services either now or for future versions of the Fluenz Services Suite. You are responsible for ensuring that your equipment and network function with the Fluenz Services Suite.
7. Limitation of Liability IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FLUENZ INC. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE FLUENZ SERVICES SUITE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO THE FLUENZ SERVICES SUITE ; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THE FLUENZ SERVICES SUITE; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. FLUENZ INC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE FLUENZ SERVICES SUITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FLUENZ INC AND YOU. YOU UNDERSTAND THAT THE FLUENZ SERVICES SUITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
8. Irreparable Injury You agree that any actual or threatened breach of the TOS or infringement of proprietary or other third party rights by you would cause irreparable injury to Fluenz Inc. and would therefore entitle Fluenz Inc. to injunctive relief without any additional showing of irreparable injury or harm.
9. Indemnity You will indemnify and hold Fluenz Inc., its parents, subsidiaries, affiliates, officers and/or employees (“Fluenz Inc Indemnified Parties”), harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Fluenz Services Suite, the violation of the TOS by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
10. Using Social Features and Links to Third Party Sites The Fluenz Services Suite may enable social features that allow you to communicate with other users or our employees, including some social features provided by third parties, such as the Facebook Comments plugin that may be available now or in the future. Similarly, we may link to third party sites. These links and third party social features are provided for your convenience only and we cannot make guarantees about their accuracy, reliability, or privacy. Should you choose to access them, you do so voluntarily and assume all risk. In addition, your use of those sites and features may be subject to the terms and privacy policies of those third parties.
11. Canceling Your Account While we hope you enjoy using the Fluenz Services Suite, you may cancel your account by contacting our user support desk. We reserve the right to limit or terminate your account if we believe you are in violation of the TOS.
12. General (a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in the TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(b) Governing Law, Jurisdiction and Venue. You agree that the TOS are governed by and construed in accordance with the laws of the state of Florida without regard to conflict of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Miami Beach, Florida, as the legal forum for any dispute arising out of the TOS and/or or your access to or use of the Fluenz Services Suite.
(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification or by posting an updated TOS on the different Fluenz Services Suite sites. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of the Fluenz Services Suite following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(d) Miscellaneous. Both parties agree that the TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS, and that all modifications to the TOS must be in a writing signed by both parties. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Fluenz Inc on the Fluenz Services Suite, the TOS shall govern, unless otherwise indicated. Sections 2-12, and 14 shall survive any termination of the TOS.
What Information We Collect
Information you provide. You are not required to create a Fluenz Services Suite account (a Fluenz ID) to gain access to some areas of the Fluenz Services Suite. If you do create an account, we ask for certain information to process your registration, including an email address and password. If you subscribe to a paid account in the future, we will request additional information, including your full name and payment method details.
To help personalize your experience, we also ask for certain, limited information. We also allow you to upload a photo of yourself and select your language learning preferences
If in the future you access Facebook or other third party services in connection to the Fluenz Services Suite, we will use that service to authenticate you. We may also collect other information that you have agreed may be provided by that third party, such as your username, name, e-mail address, date of birth and gender. We collect this information so that it can be used for the purposes explained in this Policy.
We may supplement the information you provide to us with additional information gathered from other sources, such as publicly available information.
Data we collect. In addition to the information you provide to us, when you use the Fluenz Services Suite, we may also automatically collect and store information about the computer, mobile device, or other devices you use to access the Fluenz Services Suite and about how you use the Fluenz Services Suite. For example, we collect and store data about your performance, the duration of your stay, and your workout preferences. We may also collect and store information such as your browser type, IP address, language, operating system, unique device identifier, the date and time of your visit, the pages you view and the websites you visited immediately before and after visiting the Fluenz Services Suite.
The third-party advertising and analytics companies with whom we or our advertisers partner, including Google, may place a unique cookie or utilize similar technologies on your browser in order to collect non-personal information about your visits to the Fluenz Services Suite. If you would like more information about this practice and how to control how this information is used by these companies, please visit the following links:
2. How We Use Your Information at Fluenz Inc. We use the information we collect to operate and provide you with the Fluenz Services Suite. This includes, but is not limited to:
Authenticating your login and processing your payments; Personalizing your Fluenz Services Suite experience and customizing your training program; Allowing you to monitor your performance and progress in the Fluenz Services Suite, by, for example, presenting charts and graphs of your performance to you; Customizing and delivering information about our products and services by email; Providing customer service and sending confirmations about your account; Protecting our intellectual property or other rights; and Managing and improving our business and our training.
We reserve the right to email you to confirm transactions or to address account issues, such as when you make a purchase, or you request a reset password. We also reserve the right to use non-personal information (e.g., de-identified or aggregate data) for any purpose. For example, we show aggregate performance measures to users to allow them to evaluate their performance against other Fluenz Services Suite users. In these situations, all data is disclosed either in aggregate form or with information that can identify you removed.
No Disclosure to Third Parties for Their Own Marketing Purposes We believe in protecting your privacy, and therefore do not provide your personal information to third parties for their marketing purposes.
When We Share Your Personal Information with Third Parties We may share your personal information in the following ways:
Accessing, Reviewing, and Deleting Your Information You can access, review and correct the registration information we have collected about you by logging into your account and navigating to the Account page. You may also access or delete the information all of the information we have collected about you by contacting us at the contact information listed below. While we will make reasonable efforts to accommodate your requests, if allowed by applicable laws, we reserve the right to impose certain requirements and restrictions on such requests, such as limiting our production of information to certain formats.
Security of Personal Information We have implemented and maintain reasonable security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. For example, we use one or more of SSL encryption, firewalls, and anti-virus software. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security.
Outside the United States Consent to Processing and Transfer of Information If you access the Fluenz Services Suite outside of the United States, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.
The entire program, online**
Our digital flashcards, online and optimized for iPad**
Our community of learners, open to all
Supplemental audio training for your phone or iPod*
Up to the minute updates for Fluenz on your desk and laptop
**Available for a full year to all Fluenz users who have purchased levels through authorized retailers. We're working on terms to
extend the license well beyond one year.
*Available for download to all registered Fluenz who have purchased levels through authorized retailers.