Terms of Service

1. Service Provider

NXGENFLOW SOLUTIONS LLP

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Email: [email protected]

2. User Eligibility & Registration

2.1 Age Requirements

Users must be at least 16 years old. Users under 18 require parental consent for account creation and data processing.

2.2 Geographic Access

Primary Market: Our services are primarily designed for users in India and Asia-Pacific regions with unrestricted access.

EU Access: Access for EU residents is by invitation only and subject to additional verification processes. EU users must comply with our access control policies and may be subject to account verification.

2.3 Account Verification

We may require verification of identity, location, or eligibility for service access. Failure to complete verification may result in account suspension or termination.

3. Service Description & Features

3.1 AI-Powered Testing Service

DeutschProbe provides AI-powered German language testing services for practice and assessment purposes only. Our platform offers:

• Automated German language skill assessment
• Practice tests for reading, listening, writing, and speaking
• AI-generated feedback and scoring
• Progress tracking and analytics
• Test creation tools (premium features)

3.2 Service Availability

Services are provided on an "as available" basis. We may modify, suspend, or discontinue features with reasonable notice. Critical service changes affecting EU users will receive 30 days advance notice.

4. AI Disclaimer & Educational Service Notice

• AI-Powered Evaluation: Our platform uses artificial intelligence for test evaluation and scoring
• Practice Purpose Only: All test results are for educational and practice purposes only
• Accuracy Limitations: AI-generated scores may not be 100% accurate and should not be relied upon as definitive assessments
• Not Official Certification: Our tests do not constitute official language certifications or qualifications
• No Academic Credit: Results cannot be used for official applications, academic admissions, visa applications, or employment purposes
• Content Accuracy: While we strive for accuracy, educational content may contain errors and should be verified against official sources
• Individual Variation: Learning outcomes may vary significantly between users based on individual circumstances

5. Payment Terms & Geographic Policies

5.1 Geolocation Detection

5.2 Payment Methods

We accept various payment methods including credit cards, digital wallets, and region-specific payment providers. Available payment methods vary by geographic region.

5.3 Subscription Billing

Subscription fees are billed in advance on a recurring basis (monthly or annual). All fees are exclusive of applicable taxes unless otherwise stated.

6. Cancellation & Refund Policy

6.1 Subscription Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period.

6.2 Limited Exception Circumstances

Refunds may be considered only in exceptional circumstances:

• Proven billing errors or unauthorized charges
• Complete service failure for more than 7 consecutive days
• Fraud or technical errors on our part

Note: Technical difficulties, dissatisfaction with content, or change of mind do not qualify for refunds.

6.3 Payment Failure Refunds

In cases of payment failure scenarios such as plan update failures where payment was deducted but services were not activated, refunds will be processed within 7 days of the incident being reported and verified. This includes:

• Payment deducted but plan upgrade/downgrade failed
• Duplicate payments due to technical errors
• Service activation failures after successful payment
• Payment processing errors resulting in overcharges

Reporting: Payment failure incidents must be reported within 30 days of occurrence with transaction details to [email protected].

6.4 Non-Refundable Items

• Services already consumed or used extensively
• Custom test creations or personalized content
• One-time fees or setup charges
• Promotional or discounted subscriptions (absolutely no exceptions)

7. User Content & Conduct

7.1 User-Generated Content

You retain ownership of content you submit but grant us a worldwide, non-exclusive license to use, process, and analyze such content for service provision, AI training, and improvement.

7.2 Prohibited Conduct

• Sharing account credentials with others
• Attempting to reverse engineer our AI systems
• Uploading malicious content or copyrighted material
• Using the service for commercial test administration without permission
• Circumventing geographic or access restrictions

7.3 Account Termination

We may terminate accounts for violation of these terms. EU users will receive appropriate notice unless termination is due to serious violations requiring immediate action.

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content, technology, algorithms, software, and materials on our platform remain our exclusive property and are protected by copyright, trademark, and other intellectual property laws.

8.2 Content Licensing

We grant you a limited, non-transferable license to use our platform for personal, non-commercial purposes. Commercial use requires separate licensing agreements.

8.3 Third-Party Content

Some content may be licensed from third parties. Unauthorized use may violate applicable laws and licensing agreements.

9. Service Availability & Modifications

We may modify, suspend, or discontinue any part of our service at any time. We will provide reasonable notice for material changes, with best effort notification for users.

9.1 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

10. Limitation of Liability

10.1 Service Provision

We provide services "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10.2 Liability Limits

Our total liability is limited to the amount you paid for the service in the 12 months preceding the claim. We are not liable for indirect, consequential, punitive, or special damages.

This limitation applies to the maximum extent permitted by Indian law and applicable consumer protection laws.

11. Governing Law & Jurisdiction

11.1 Applicable Law

These terms are governed by the laws of India, specifically Karnataka state, without regard to conflict of law principles.

11.2 Jurisdiction

All disputes shall be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India.

12. Dispute Resolution

12.1 Informal Resolution

We encourage you to contact us directly at [email protected] to resolve any disputes before pursuing formal legal action.

12.2 Formal Resolution

13. Data Retention & Deletion

Upon account termination, we will delete your personal data within 30 days unless longer retention is required by law or for legitimate business purposes.

14. Changes to Terms

We may modify these terms with reasonable notice. Material changes will be communicated via email. Continued use after changes constitutes acceptance.

15. Contact Information

For questions about these terms, contact us at: