Amber Talk Terms of Use
Effective Date: July 23, 2025
Welcome to Amber Talk! These Terms of Use (“Terms”) govern your access to and use of the Amber Talk website (the “Website”) and the Amber Talk web application (the “App”), collectively referred to as the “Service.” The Service is provided by Amber Talk, an online company based in Dallas, Texas, USA.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service.
1. Acceptance of Terms
By creating an account, accessing the Website, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Amber Talk reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. Description of Service
Amber Talk provides an English language learning platform designed to help users improve their English skills.
Amber Talk App: A freemium web application that utilizes AI to provide personalized English language learning assistance, including speaking practice, grammar exercises, vocabulary building, and more. Users can sign up for the App using their Name, Email, and Country.
Amber Talk Website: The Website offers free content accessible without sign-up or login, including news articles for reading practice and guided speaking practice sessions with AI that assesses user pronunciation. The Website also offers separate mini-courses for purchase, which are distinct from the Amber Talk App’s content and features.
3. User Accounts
3.1 Account Creation (for App Users)
To access certain features of the Amber Talk App, you must register for an account. When registering, you agree to:
Provide accurate, current, and complete information as prompted by the registration form.
Maintain and promptly update your account information to keep it accurate, current, and complete.
Be responsible for all activities that occur under your account.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify Amber Talk immediately of any unauthorized use of your account or any other breach of security. Amber Talk will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 Account Termination
Amber Talk reserves the right to suspend or terminate your account and your access to the Service at its sole discretion, without notice, for any reason, including but not limited to:
Violation of these Terms.
Engaging in any illegal or fraudulent activities.
Requests by law enforcement or other government agencies.
Discontinuation or material modification of the Service.
Unexpected technical or security issues or problems.
Extended periods of inactivity.
Upon termination, your right to use the Service will immediately cease.
4. Free and Paid Services
4.1 Free Content
The Amber Talk Website offers certain free content and features (e.g., news articles, guided speaking practice with AI pronunciation assessment) that can be accessed without creating an account or making a purchase. The Amber Talk App may also offer free features as part of its freemium model.
4.2 Premium Features (App)
The Amber Talk App operates on a freemium model. Certain advanced features, content, or unlimited access within the App may require a subscription or one-time purchase. Details regarding pricing, subscription terms, and payment methods will be provided within the App.
4.3 Mini-Courses (Website)
The Amber Talk Website offers distinct mini-courses for purchase. These mini-courses are separate from the Amber Talk App and its features. Pricing and terms for these mini-courses will be clearly displayed on the Website. All sales of mini-courses are final unless otherwise stated at the point of purchase.
4.4 Payment Terms
All payments for premium features, subscriptions, or mini-courses are processed through third-party payment processors. You agree to abide by the terms and conditions of these payment processors. All prices are in U.S. Dollars unless otherwise specified. Amber Talk reserves the right to change prices at any time, but price changes will not affect purchases already made.
5. User Conduct and Prohibited Activities
You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. You agree not to:
Use the Service for any illegal or unauthorized purpose.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
Attempt to gain unauthorized access to the Service or its related systems or networks.
Transmit any worms, viruses, or any code of a destructive nature.
Engage in any form of harassment, hate speech, or offensive behavior.
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from Amber Talk.
Use any automated system, including “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to the Amber Talk servers than a human can reasonably produce in the same period by using a conventional online web browser.
Collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
6. Intellectual Property Rights
6.1 Amber Talk Content
All content on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Amber Talk or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Amber Talk and protected by U.S. and international copyright laws.
6.2 User-Generated Content
If the Service allows you to submit, post, or display content (e.g., in speaking practice, written exercises), you retain ownership of any intellectual property rights that you hold in that content. However, by submitting, posting, or displaying content on or through the Service, you grant Amber Talk a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in connection with the Service and Amber Talk’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that you have all necessary rights to grant the licenses granted in this section and that your content does not infringe or violate the intellectual property rights or any other rights of any third party.
7. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
8. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMBER TALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
AMBER TALK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AMBER TALK DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE AI-POWERED FEATURES, INCLUDING PRONUNCIATION ASSESSMENT, ARE TOOLS TO AID LEARNING AND MAY NOT ALWAYS BE 100% ACCURATE OR REFLECT THE NUANCES OF HUMAN LANGUAGE. THEY ARE INTENDED FOR GUIDANCE AND PRACTICE, NOT AS A SUBSTITUTE FOR PROFESSIONAL LANGUAGE INSTRUCTION OR CERTIFICATION.
9. Limitation of Liability
IN NO EVENT SHALL AMBER TALK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AMBER TALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOUR USE OR INABILITY TO USE THE SERVICE.
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL AMBER TALK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Amber Talk, its affiliates, officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms or your use of the Service.
11. Governing Law
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Dallas, Texas, for the resolution of any disputes arising out of or relating to these Terms or the Service.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Amber Talk regarding the use of the Service.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Amber Talk’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Amber Talk’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Amber Talk may freely assign or transfer these Terms without restriction.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Amber Talk
Dallas, Texas, USA