Last Updated: 29 December 2025

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "You," or "Partner") and HearSay Learn B.V., a private limited liability company incorporated under the laws of the Netherlands, having its registered office at Nieuwe Achtergracht 184, 1018WV Amsterdam, and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 98853244 ("HearSay," "We," or "Us").

1.1 The Service: HearSay provides AI-powered language learning solutions, content creation tools, and associated services delivered via third-party messaging platforms (including but not limited to WhatsApp) and through HearSay’s proprietary web or mobile applications (collectively, the "Service").

1.2 Acceptance:

• For Language Learners: By initiating a chat with HearSay on any platform, scanning a HearSay QR code, or purchasing a subscription, you agree to be bound by these Terms.

• For Teacher & Affiliate Partners: By registering for our Teacher Tools or participating in our Affiliate Program, you agree to be bound by these Terms.

1.3 Age Requirement: The Service is strictly intended for individuals 18 years of age or older. By using the Service, you represent and warrant that you are at least 18 years old. If you are a teacher or parent enabling a minor to use the Service, you assume full liability for the minor’s use and represent that you have obtained all necessary parental consents.

2. TERMS FOR LANGUAGE LEARNERS (B2C)

2.1 Subscriptions and Auto-Renewal
HearSay offers subscriptions on monthly, yearly, and lifetime bases.

• Recurring Subscriptions: Monthly and yearly subscriptions automatically renew at the end of each billing cycle unless cancelled at least 24 hours before the renewal date. You authorize us (via our payment processor, Stripe) to charge the applicable fee to your payment method.

• Lifetime Subscriptions: A "Lifetime Subscription" grants access to the Service for the lifetime of the product line. This means access continues as long as HearSay supports the specific language course and platform technology you purchased. HearSay reserves the right to discontinue support for specific languages, legacy platforms (e.g., WhatsApp), or the Service entirely with reasonable notice. If HearSay discontinues the Service entirely within three (3) years of your purchase of a Lifetime Subscription, you may be eligible for a pro-rated refund.

2.2 Refund Policy & Right of Withdrawal

• Statutory Waiver: Under EU Consumer Law, you typically have a 14-day right of withdrawal for distance contracts. However, because HearSay provides digital content that is delivered immediately, you expressly consent to the immediate performance of the contract and acknowledge that you thereby waive your statutory right of withdrawal once the first lesson/content has been delivered.

• Voluntary 14-Day Guarantee: Notwithstanding the statutory waiver above, HearSay voluntarily offers a 14-Day Money-Back Guarantee. If you are not satisfied, you may request a full refund within 14 days of your initial purchase by contacting [email protected] or via our support channel on WhatsApp.

2.3 AI Content Disclaimer
The educational content, dialogues, and feedback provided by the Service are generated by Artificial Intelligence (Large Language Models including Google Gemini and Anthropic).

• Accuracy: HearSay does not warrant the linguistic perfection, grammatical accuracy, or cultural nuance of AI-generated content. The AI may occasionally produce "hallucinations" (factually or linguistically incorrect statements).

• Liability: HearSay is not liable for any direct or indirect damages arising from your reliance on AI-generated advice, translations, or corrections.

2.4 Fair Usage Policy
Access to AI interactions is subject to fair usage limits to prevent abuse. HearSay reserves the right to throttle, limit, or suspend accounts that generate excessive traffic (e.g., automated scripts, botting, or excessive message volume beyond standard human learning patterns) that burdens our infrastructure or incurs disproportionate AI processing costs.

3. TERMS FOR TEACHER & AFFILIATE PARTNERS (B2B)

3.1 Relationship of Parties
You agree that you are an independent contractor/freelancer and not an employee, agent, or partner of HearSay. You are solely responsible for your own tax declarations, insurance, and equipment.

3.2 Teacher Tools & Content License
HearSay provides free tools allowing you to create educational dialogues ("Partner Content").

• License Grant: By creating Partner Content using our tools, you grant HearSay a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Partner Content for any purpose, including for the provision of the Service to other users and marketing.

• Warranty: You represent that you own or have the necessary rights to any text or material you input into the Teacher Tools and that such input does not violate the intellectual property rights of any third party.

3.3 Affiliate Program & Referral Bonuses

• Qualified Referral: A "Qualified Referral" occurs when a new user accesses your specific content (via link/QR code) and subsequently purchases a paid HearSay subscription that remains active beyond the 14-day Money-Back Guarantee period.

• Anti-Gaming: HearSay reserves the right to withhold Referral Bonuses if we detect fraudulent activity, self-referrals, bot traffic, or misuse of the platform.

• Data Visibility: To protect student privacy, Partners will only receive aggregate, anonymized data regarding referrals (e.g., "3 Sales"). You will not have access to student Personally Identifiable Information (PII).

3.4 Payment Terms & Self-Billing (Autofacturatie)

• Self-Billing Agreement: To facilitate efficient payouts, the Partner expressly authorizes HearSay to issue invoices in the name and for the account of the Partner ("Self-Billing") for all Referral Bonuses earned. The Partner agrees to accept these invoices as valid tax documents.

• Payout Schedule: Referral Bonuses are calculated monthly. Payouts are made approximately 30 days after the end of the month in which the subscription was sold, to account for the refund window. There is no minimum payout threshold.

• Taxes: The Partner is solely responsible for declaring this income (Inkomstenbelasting) and paying any applicable VAT (BTW) in their local jurisdiction. The Partner warrants they will inform HearSay immediately if their VAT status changes.

• Clawback: If a referred student initiates a chargeback or refund after a bonus has been paid, HearSay reserves the right to deduct that amount from future payouts.

4. GENERAL LEGAL PROVISIONS

4.1 Intellectual Property
All software, underlying technology, AI models, and brand elements of HearSay are the exclusive property of HearSay Learn B.V. and its licensors.

4.2 Platform Dependency & Third-Party Terms
The Service relies on third-party platforms (e.g., WhatsApp, Cloudflare, OpenAI, Google) to function. HearSay is not responsible for service interruptions, data loss, or account bans caused by these third-party providers. Your use of the Service via WhatsApp is also subject to Meta's Terms of Service. You acknowledge that HearSay has no control over Meta's enforcement of its policies, and you agree not to use HearSay in a way that puts our business account at risk (e.g., spamming, harassment).

4.3 Limitation of Liability
To the fullest extent permitted by Dutch law, HearSay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. In no event shall HearSay’s aggregate liability exceed the greater of one hundred euros (€100) or the amount you paid HearSay in the past twelve months.

4.4 Governing Law and Jurisdiction
These Terms are governed by the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

4.5 Contact
For legal inquiries, please contact: [email protected].