Terms of Service
Last Revised on March 17, 2025
1. General
Accentize websites (“Websites”), mobile applications (“Apps”), and related services (collectively, the “Service”) are operated by BIY, LLC. (“BIY,” “we,” or “us”). Your access to and use of the Service is subject to these Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions, including any future modifications. BIY may amend, update, or change these Terms and Conditions at any time, and will provide notice of such changes on our Websites for at least seven (7) days prior to their effective date. If you do not agree to abide by these Terms and Conditions, you are not authorized to use or access the Service.
2. Description of Website and Service
The Service provided by Accentize enables users to improve their language skills and refine their accents through interactive exercises, tutorials, and other educational content. BIY reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice.
3. Acceptable Use of the Service
You are solely responsible for your use of the Service and for any activities that occur under your account. To foster a positive, safe, and constructive learning environment, you agree to adhere to our Community Guidelines and refrain from engaging in any behavior that is abusive, harmful, or otherwise detrimental to other users or to us.
4. Additional Terms
Certain aspects of the Service may be subject to additional terms and conditions (“Additional Terms”), which will be provided to you at the time of use. By accessing those portions of the Service, you agree to be bound by the applicable Additional Terms in addition to these Terms and Conditions.
5. Registration
In order to use the Service, you may be required to register for an Accentize account. By registering, you agree to:
Provide accurate, current, and complete information about yourself as prompted by the registration process;
Maintain the confidentiality of your account password and any other security-related information;.
Update your registration information promptly to ensure its accuracy; and
Accept full responsibility for all activities that occur under your account.
6. Your Representations and Warranties
You represent and warrant that your access to and use of the Service complies with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further warrant that any content you submit, post, or otherwise make available through the Service (“User Content”) is your own or that you have all necessary rights and permissions to provide such content and grant us the rights set forth herein. You also represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.
7. Submission of Content
When you submit any ratings, reviews, data, text, images, audio clips, videos, or other materials (“Content”) via the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with the Service and BIY’s (and its successors’ or assigns’) business. This license includes the right to sublicense the Content, and you acknowledge that it cannot be revoked once your Content has been submitted.
You agree not to upload or share any Content that is defamatory, abusive, obscene, or otherwise in violation of any law or the rights of third parties. We reserve the right to remove any Content that we deem inappropriate or in breach of these Terms and Conditions.
8. Indemnification
You agree to defend, indemnify, and hold harmless BIY and its officers, directors, employees, agents, contractors, suppliers, licensors, affiliates, successors and assigns from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or related to your access or use of the Service, any violation of these Terms and Conditions, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
9. License to Apps
Subject to these Terms and Conditions, BIY grants you a limited, non-transferable, non-exclusive license to download, install, and use the Accentize App on an authorized mobile or interactive device that you own or control solely for your personal, non-commercial use. You shall not decompile, reverse engineer, or otherwise attempt to derive the source code of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. All intellectual property rights in the App and its components remain with BIY or its licensors. BIY and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and BIY, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and BIY acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and BIY acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, BIY, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and BIY acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
10. In-App Purchases and Virtual Items
The Service may offer in-app purchases, including access to premium features or virtual goods (“Virtual Items”).
In-App Purchases: Purchases with “real world”money of any kind via the Service are final and non-refundable, except as expressly provided in these Terms or as required by law.
Virtual Items: You are granted a limited, revocable license to use Virtual Items solely within the Service. Virtual Items may be subject to change or discontinuation at any time, and you may not transfer, resell, or redeem them for cash or any other value.
Fees and Taxes: You agree to pay all fees and applicable taxes associated with your use of the Service. BIY reserves the right to modify its pricing and fees at any time. All charges incurred will be billed to the payment method you provide during the transaction.
Educational Plans and Special Offers: BIY may offer discounted or specialized subscription plans (such as Student Plans) from time to time. If you are eligible for a special plan, you agree to provide necessary documentation and information to verify your eligibility. Failure to provide accurate information or to re-verify your eligibility may result in the termination or automatic conversion of your plan to a standard subscription.
11. Payment Processors
All monetary transactions made through the Service are processed by third-party payment processors. Your use of these services is subject to their respective terms of service and privacy policies, and BIY is not responsible for any issues or failures arising from such third-party services.
12. Refund Policy
All payments are nonrefundable, except as expressly provided or at BIY’s sole discretion. The grant of a refund or credit in one instance does not obligate BIY to provide a refund or credit in the future, under any circumstances. If you cancel a periodic subscription to a paid service, you will continue to have access to that service until the end of your current billing cycle.
13. Third-Party Links, Sites, and Services
The Service may contain links to third-party websites or resources that are not under BIY’s control. BIY does not endorse and is not responsible for the content, practices, or policies of any third-party sites. Your use of any third-party websites is at your own risk and BIY will not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content. The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by BIY on the Service are subject to change. In consideration for BIY granting you access to and use of the Service, you agree that BIY and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
14. No Representations or Warranties
THE SERVICE, INCLUDING ALL CONTENT, IMAGES, AND AUDIO FILES THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY BIY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BIY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BIY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF THE USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF BIY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIY’S LIABITLITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
16. Termination
BIY may terminate or suspend your access to the Service at any time, with or without notice, for any reason, including if you breach these Terms and Conditions. Upon termination, all rights granted to you will immediately cease, and you must immediately cease all use of the Service. The provisions of Sections 5, 6, 7, 8, 9, 16, 17, and any other sections that by their nature are intended to survive termination shall survive any termination.
17. Proprietary Rights in Service Content and Materials
All content provided through the Service, including designs, graphics, text, information, software, images, audio, video, and other files (collectively, “Service Content”), are the exclusive property of BIY or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and BIY, all data, information, and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (“Materials”), shall be exclusively owned by BIY, and you shall not have any right to use such Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to BIY any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Materials. All rights of BIY or its licensors that are not expressly granted in these Terms and Conditions are reserved to BIY and its licensors.
18. Trademarks
“Accentize” and all related logos, service marks, and graphics used in conjunction with the Service are trademarks or service marks of BIY, LLC or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Accentize name or third-party trademarks, service marks, graphics, or logos.
19. Privacy
Your use of the Service is also governed by our Privacy Policy, which can be found at www.accentize.app/privacy. By using the Service, you consent terms of the Privacy Policy.
20. Promotion Codes and Special Offers
Accentize may offer promotional codes (“Promotion Codes”) that can be redeemed for discounts, free trials, or access to premium features. By redeeming a Promotion Code, you agree to any additional terms associated with that code. Promotion Codes have no cash value and may not be combined with other offers unless expressly permitted.
21. Notice for Copyright Infringement Claims
If you are a copyright owner and believe that any material available through the Service infringes upon your copyrights, please provide a written notice to BIY’s designated agent with the following information in writing:
A physical or electronic signature of the copyright owner or an authorized agent;
A description of the copyrighted work claimed to be infringed;
A description of the material that is claimed to be infringing and its location on the Service;
Your contact information, including address, telephone number, and email address; and
A statement of good faith belief that the use of the material is not authorized by the copyright owner.
Send your notice to:
By Mail: BIY LLC, 15602 Winter Briar Dr
Missouri City, Texas, 77489
By Email: [email protected]
If you believe that material removed due to a copyright claim was removed in error, you may submit a counter-notice following the procedures set forth in the Digital Millennium Copyright Act. Please consult legal counsel before doing so.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
22. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.
23. Choice of Forum
Any disputes arising out of or relating to these Terms and Conditions or your use of the Service shall be resolved exclusively in the state or federal courts located in Harris County, Texas. By using the Service, you consent to the personal jurisdiction of state and federal courts sitting in Harris County, Texas, and waive any objections based on venue.
24. Dispute Resolution & Arbitration
Any dispute or claim relating to these Terms and Conditions or the Service, seeking monetary relief, shall be resolved through binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its applicable rules. Prior to arbitration, you must submit a Notice of Claim to BIY. The parties agree to attempt in good faith to settle any dispute through informal negotiations before proceeding to arbitration.
If you do not wish to participate in arbitration, you may opt out by sending an email to [email protected] within thirty (30) days of your first use of the Service. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.
25. Language
This agreement is drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
26. California Resident
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
27. Special Terms for International Users
For users accessing Accentize from outside the United States, please note that your use of the Service is subject to local laws and regulations in addition to these Terms and Conditions. By using the Service, you agree to comply with all applicable local laws.
28. Miscellaneous
These Terms and Conditions constitute the entire agreement between you and BIY regarding your use of the Service, superseding any prior agreements. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect. BIY’s failure to enforce any right or provision in these Terms and Conditions or any breach thereof, in one instance, shall not be deemed a waiver of such right or provision in any subsequent breach thereof. BIY may assign its rights or obligations under these Terms and Conditions without notice to you. These Terms and Conditions will be binding and will inure to the benefit of both parties and their respective successors and permitted assigns.
By using Accentize’s Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these terms, please do not access or use our Service.