Terms of Service

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. A higher minimum age may apply where required by local law. By using the Services, you represent and warrant that you satisfy these requirements and are not prohibited from receiving the Services under applicable law.

If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" includes both you and the organization.

2. Accounts and Account Security

You must provide accurate information, keep it reasonably current, protect your credentials and devices, and promptly notify [email protected] if you suspect unauthorized access to your account. You are responsible for activity under your account to the extent permitted by law. You may not sell, transfer, share, or provide another person access to your account except through an authorized feature.

Authentication may be provided through Apple, Google, email, or another supported provider. Your use of an authentication provider is also subject to that provider’s terms and privacy notice.

3. The Services

Cretiq provides communication practice, articulation exercises, vocabulary and learning activities, listening and editorial content, saved progress, reflection tools, and AI-assisted feedback for selected features. Features, content, availability, and technical requirements may differ by device, region, app version, subscription, and account status.

We may modify, add, suspend, or discontinue a feature when reasonably necessary for security, legal compliance, maintenance, product development, provider availability, or business reasons. Where required, we will provide notice or a remedy consistent with applicable consumer law.

4. Educational Nature of the Services; No Professional Advice

The Services are designed for education, practice, and personal development. Scores, tiers, transcripts, analyses, recommendations, summaries, and coaching observations are generated for practice and may be incomplete or inaccurate. They are not validated measures of intelligence, mental state, psychological condition, professional competence, employability, academic ability, or clinical status.

The Services do not provide legal, medical, psychological, financial, investment, employment, or other regulated professional advice. You are responsible for evaluating information and obtaining qualified professional advice when appropriate. Cretiq does not guarantee a particular score, learning gain, promotion, academic result, business result, or other outcome.

5. AI-Assisted Features

Certain features use automated systems or third-party AI and speech-processing services to generate transcripts, summaries, scores, suggestions, and feedback. Output may be inaccurate, incomplete, outdated, or inappropriate for your circumstances. You must review output before relying on, publishing, or sharing it.

Do not use AI output as the sole basis for a decision that may materially affect another person. In particular, you may not use output to make or support decisions about a person’s employment, education, credit, housing, insurance, legal status, medical treatment, or eligibility for essential services.

Do not submit confidential, privileged, export-controlled, health, financial, or other sensitive information unless it is necessary, lawful, and appropriate for the feature you choose to use. The Privacy Policy explains how submitted content may be processed.

6. User Content

"User Content" means recordings, text, prompts, practice responses, reflections, goals, imported material, feedback, and other content you submit through the Services. You retain ownership of rights you hold in your User Content.

You grant Cretiq a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, analyze, and otherwise process User Content solely as reasonably necessary to provide, secure, support, and improve the Services; comply with law; and enforce these Terms. This license ends when the User Content is deleted from our active systems, except to the extent continued processing is permitted by the Privacy Policy, required by law, necessary for security or legal claims, or present temporarily in backups.

You represent and warrant that you have all rights, licenses, and permissions needed to submit User Content and permit the processing described in these Terms and the Privacy Policy. You may record or submit another person only if you have provided any notice and obtained any consent required by applicable law. You remain responsible for your User Content and its consequences.

7. Cretiq Content and Intellectual Property

The Services, including software, interfaces, design, branding, text, exercises, editorial selections, audio, graphics, compilations, and other materials provided by Cretiq or its licensors (collectively, "Cretiq Content"), are protected by intellectual-property and other laws. Except for the limited license below, Cretiq and its licensors retain all rights in the Services and Cretiq Content.

Subject to these Terms, Cretiq grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and Cretiq Content for your own lawful, non-commercial learning. You may not copy, reproduce, distribute, publicly display, sell, license, scrape, create derivative works from, reverse engineer, or commercially exploit the Services or Cretiq Content except as expressly permitted by law or authorized by Cretiq in writing.

Names, quotations, ideas, and references to third-party works may remain the property of their respective owners. The presentation of educational commentary or summaries does not imply endorsement by an author, publisher, or rights holder.

8. Feedback

If you provide suggestions, ideas, comments, or other feedback about the Services, you grant Cretiq a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. This does not give Cretiq ownership of your personal information or User Content.

9. Acceptable Use

You may not, and may not assist another person to:

• use the Services unlawfully, deceptively, fraudulently, or in violation of another person’s rights;
• submit material that is infringing, defamatory, threatening, abusive, malicious, unlawfully discriminatory, sexually exploitative, or otherwise illegal;
• record another person or submit another person’s information without required notice, authority, or consent;
• access another account, probe or bypass security, interfere with operation, introduce malicious code, or evade usage, access, or rate controls;
• scrape, harvest, crawl, index, or extract the Services or Cretiq Content for commercial use, dataset creation, model training, or competitive development without Cretiq’s written permission;
• reverse engineer, decompile, disassemble, or attempt to derive source code, models, or non-public components except to the limited extent a restriction is prohibited by law;
• misrepresent AI output, practice feedback, or a Cretiq score as a professional certification, validated assessment, or statement made by Cretiq personnel; or
• use the Services to develop, market, or make decisions in a prohibited high-impact domain or in a manner that could cause material harm.

Cretiq may investigate suspected violations and take proportionate action, including limiting features, removing content, suspending access, preserving evidence, or reporting conduct when legally required or reasonably necessary to protect rights and safety.

10. Subscriptions, Trials, and Purchases

Paid iOS subscriptions are offered through Apple’s App Store. Before a purchase, the App Store purchase interface presents the product, price, billing period, renewal terms, and any trial or promotional offer. Prices and offers may vary by region, account, eligibility, and time. Apple processes payment and may collect applicable taxes.

Unless the purchase screen states otherwise, subscriptions automatically renew for the disclosed period until canceled. Apple charges the payment method associated with your Apple account in accordance with its rules. Manage or cancel an Apple-billed subscription through your Apple account subscription settings before the applicable renewal deadline. Deleting the app or your Cretiq account does not cancel an App Store subscription.

Use Restore Purchases where available to restore an eligible purchase associated with the same Apple account. Refunds for Apple-billed purchases are administered under Apple’s policies and applicable law. Cretiq does not control Apple’s refund decisions. If a price changes, the notice and consent rules presented by Apple or required by law apply.

Free trials and promotional offers are limited to eligible users and may convert to a paid subscription unless canceled before the deadline displayed at enrollment. Creating multiple accounts or otherwise circumventing eligibility rules is prohibited.

11. Apple App Store Terms

If you obtain the app through Apple’s App Store, Apple’s Licensed Application End User License Agreement (the "Apple Standard EULA") applies to the license for the app unless a valid custom end-user license agreement is presented in App Store Connect. These Terms supplement, and do not replace, the Apple Standard EULA. If there is a conflict concerning the app license, the Apple Standard EULA controls to the extent of the conflict.

These Terms are between you and Cretiq, not Apple. Apple is not responsible for the Services, maintenance, support, warranties, product claims, or third-party intellectual-property claims except as stated in the Apple Standard EULA or required by law. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce applicable App Store license terms. You must comply with applicable third-party terms, including your wireless data-service agreement.

12. Third-Party Services and Links

The Services depend on or may link to third-party services, including app stores, authentication providers, subscription services, cloud infrastructure, AI or speech processors, and external websites. Third parties operate under their own terms and privacy notices. Cretiq is not responsible for an independent third party’s content, availability, security, or practices, but this does not limit responsibility that cannot lawfully be excluded.

13. Privacy

The Cretiq Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By using the Services, you acknowledge that processing may occur as described in that Policy. The Privacy Policy is not incorporated to create contractual rights beyond those provided by applicable law unless it expressly says otherwise.

14. Account Deletion and Subscription Cancellation

You may initiate account deletion through Profile > Settings > Delete Account. Deleting an individual recording, deleting an account, canceling a subscription, and deleting the app are separate actions with different effects.

Deleting a recording may remove its audio without automatically deleting a separate transcript, score, feedback record, backup, or provider record. Account deletion is broader but remains subject to the limited legal, security, transaction, dispute, and backup retention described in the Privacy Policy. Cancel an Apple-billed subscription separately through Apple account settings.

15. Suspension and Termination

You may stop using the Services at any time. Cretiq may suspend, restrict, or terminate access if we reasonably believe that you violated these Terms, created risk or legal exposure, used the Services fraudulently, failed to pay an amount due through the applicable platform, or if suspension is necessary for security, legal compliance, or service discontinuation.

Where appropriate and legally required, we will provide notice and a reasonable opportunity to address the issue. Immediate action may be taken when necessary to prevent harm, protect security, comply with law, or respond to serious misconduct. Sections that by their nature should survive termination will survive, including provisions concerning ownership, feedback, disclaimers, liability, indemnification, disputes, and general terms.

16. Service Availability and Changes

We work to maintain reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, outages, provider failures, device limitations, network conditions, legal requirements, and events beyond our reasonable control may affect availability. You are responsible for maintaining compatible equipment, connectivity, and backups of material you cannot afford to lose.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CRETIQ CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CRETIQ AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CRETIQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT CONTENT OR AI OUTPUT WILL BE ACCURATE OR COMPLETE; OR THAT USE WILL PRODUCE A PARTICULAR RESULT. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Your non-waivable consumer rights remain unaffected.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRETIQ AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CRETIQ AND THE PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CRETIQ FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) US $100.

The exclusions and cap do not apply to liability that cannot lawfully be limited, which may include liability for fraud, willful misconduct, death or personal injury caused by negligence, or violation of mandatory consumer rights. These limitations allocate risk between the parties and are an essential basis of the agreement.

19. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Cretiq and its affiliates, officers, members, employees, and agents from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from your User Content, your unlawful use of the Services, or your material violation of these Terms or another person’s rights. This obligation does not apply to the extent a claim results from Cretiq’s own unlawful conduct, negligence, or breach. Cretiq may control the defense of a covered claim, and you will reasonably cooperate. You may not settle a claim imposing an admission or obligation on Cretiq without our written consent.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles, except to the extent the law of your residence provides mandatory protections that cannot be waived. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, you and Cretiq agree to attempt in good faith to resolve the dispute by written notice describing the issue and the requested resolution. Send notice to [email protected]. If the dispute is not resolved within 30 days after receipt, either party may pursue available remedies.

Except where mandatory law permits you to sue elsewhere, any judicial proceeding arising from these Terms or the Services must be brought in a state or federal court located in Hennepin County, Minnesota, and each party consents to personal jurisdiction and venue there. Nothing in this Section prevents either party from seeking urgent injunctive relief or pursuing a qualifying claim in small-claims court. These Terms do not require arbitration and do not waive a right to a jury trial or class proceeding where such a waiver has not been separately and lawfully agreed.

21. Copyright and Intellectual-Property Complaints

If you believe material available through the Services infringes your copyright or other intellectual-property rights, send a detailed notice to [email protected] or to the mailing address in Section 23. Your notice should identify the protected work, the allegedly infringing material and its location, your contact information, a good-faith statement, and a statement under penalty of perjury that the notice is accurate and that you are authorized to act. We may request additional information and may remove or restrict material when appropriate. Knowingly submitting a materially false notice may create liability.

22. Changes to These Terms

We may update these Terms to reflect changes in law, the Services, or our practices. We will post updated Terms with a revised effective date and provide additional notice when required. Material changes apply prospectively. If you do not agree to updated Terms, you must stop using the Services before they take effect, subject to any continuing obligations and non-waivable rights.

23. General Terms and Contact

These Terms, the Privacy Policy, the purchase terms presented at checkout, and any additional terms expressly applicable to a feature form the agreement concerning the Services. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without Cretiq’s written consent; Cretiq may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Services, subject to applicable law. There are no third-party beneficiaries except Apple and its subsidiaries as expressly stated in Section 11.

Cretiq is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil unrest, labor disputes, internet or utility failures, provider outages, governmental action, or widespread cybersecurity events. Electronic notices satisfy written-notice requirements where permitted by law.

Questions about the Services may be directed to [email protected]. Privacy and data-rights requests should be sent to [email protected]. Legal notices and intellectual-property complaints should be sent to [email protected]. Please do not send passwords, payment information, or unnecessary sensitive information by email.

Cretiq LLC
750 2nd Street NE
Hopkins, MN 55343
United States
https://cretiq.ai