Terms and Conditions

Modified on Thu, 22 Jan at 3:42 AM

IMPORTANT LEGAL NOTICE: These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and My Speaking Score ("Company," "we," "us," or "our").

By accessing, browsing, or using the platform located at www.myspeakingscore.com (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease use of the Site.

1. Grant of Limited License

Subject to your strict compliance with these Terms, My Speaking Score grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site specifically for personal, non-commercial TOEFL® preparation purposes.

This license does not grant you any ownership rights in the Site or its content. All rights not expressly granted to you are reserved by My Speaking Score.

2. Intellectual Property & Proprietary Rights

2.1 Ownership. The Site and all materials therein, including but not limited to:

Audio Stimuli & Prompts
Scoring Logic & Rubrics
Source Code & Algorithms
Text, Graphics, & Interfaces
"My Speaking Score" Branding

(collectively, the "Company Content") are the exclusive property of My Speaking Score and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 No Derivative Works. You agree that you will not create "Derivative Works" based on Company Content. For the purposes of this agreement, a Derivative Work includes, but is not limited to:

Transcripts: Creating written records (manual or automated) of our audio stimuli or listening passages.
Model Answers: Developing and distributing "sample responses" or "templates" derived specifically from our proprietary prompts.
Translations: Translating our content into any other language.

3. Prohibited Uses (Strict Security Protocols)

You agree that you will not, under any circumstances:

3.1 Data Scraping & Extraction

Use any robot, spider, scraper, deep-link, or other automated data gathering or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor the Site.
Bypass or circumvent any measures employed to prevent or limit access to the Site (including CAPTCHAs or IP blocks).

3.2 AI & Machine Learning Restrictions

Use any Company Content (including prompts, audio, or scoring feedback) to train, calibrate, fine-tune, or validate any Artificial Intelligence (AI) system, Machine Learning (ML) model, or Large Language Model (LLM).
Input Company Content into third-party AI tools (e.g., ChatGPT, Gemini, Claude) for the purpose of generating unauthorized summaries or transcripts.

3.3 Content Security Violations

Record: Capture audio or video of the Site’s content using external software or devices.
Transcribe: Convert audio content into text format for distribution or personal archiving.
Share: Distribute, sublicense, rent, lease, or lend your access credentials to any third party. Account sharing is strictly prohibited.

4. User Content & Data

4.1 User Submissions. By submitting audio recordings ("User Audio") or text to the Site for scoring, you grant My Speaking Score a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, process, and analyze such content for the purposes of:

Providing score reports and feedback.
Improving our scoring algorithms and SpeechRater integration.
Internal research and development.

4.2 Review & Removal. We reserve the right (but have no obligation) to remove any User Content that violates these Terms or is deemed by us to be offensive, illegal, or harmful to the 2026 testing ecosystem.

5. Disclaimers

5.1 "As Is" Basis. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. My Speaking Score explicitly disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 No Guarantee of Results. My Speaking Score provides automated assessment based on 2026 ETS standards. We do not guarantee:

Specific score improvements on the official TOEFL iBT.
That the Site will be error-free, secure, or uninterrupted.
That our automated scoring will perfectly match official human rater outcomes in every instance.

6. Limitation of Liability

To the maximum extent permitted by applicable law, My Speaking Score shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, resulting from:

Your access to or use of (or inability to access or use) the Site.
Unauthorized access to or alteration of your transmissions or content.
Any conduct or content of any third party on the Site.

In no event shall My Speaking Score’s aggregate liability exceed the greater of one hundred U.S. dollars ($100) or the amount you paid the Company in the past six months.

7. Termination

My Speaking Score reserves the right to suspend or terminate your access to the Site immediately and without notice if we reasonably believe you have violated these Terms, specifically regarding Section 2 (IP) or Section 3 (Prohibited Uses). Upon termination, your right to use the Site will immediately cease, and you will not be entitled to a refund.

8. General Provisions

Governing Law: These Terms shall be governed by the laws of [Insert Your Jurisdiction, e.g., the State of Delaware / Italy], without respect to its conflict of laws principles.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Modifications: We may revise these Terms at any time. The "Effective Date" at the top of this page indicates when the latest revisions were made. Your continued use of the Site constitutes acceptance of the revised Terms.

Contact Information

For legal inquiries regarding these Terms, please contact: Legal Compliance Team My Speaking Score legal@myspeakingscore.com.