Terms of Service

These Terms of Service ("Terms") are an agreement between you and Testlyn LLC, a Wyoming limited liability company, 30 N Gould St Ste N, Sheridan, WY 82801, USA ("Testlyn", "we", "us"). They apply to testlyn.com, the Testlyn apps and every service we offer there (the "Service"). Please read them. By creating an account or using the Service you agree to them.

Some parts of the Service have additional terms that form part of these Terms:

All published versions and their effective dates are listed at testlyn.com/legal.

1. The Service

• Testlyn Teach: software for teachers and centers to run classes, assign practice from the Testlyn bank, grade work, track attendance and fees, and manage staff.
• Testlyn Learn: a practice bank with timed test rooms, scoring, explanations and AI feedback for exams such as IELTS, PTE, TOEFL, Duolingo English Test, SAT, AP and others.
• Testlyn Tutors: a marketplace where independent tutors offer lessons, packages and group courses.

Exam names are trademarks of their owners. Testlyn is not affiliated with, endorsed or sponsored by any exam board. Scores, bands and feedback on Testlyn are practice estimates, not official results, and are not a guarantee of any real exam outcome.

2. Your account

2.1 You must give accurate information and keep it up to date.

2.2 You must be at least 18 to open an account that makes payments, receives payments or publishes a tutor profile. A person aged 13 to 17 (16 to 17 in the EU, UK and Vietnam) may use Learn with a personal account only with a parent's permission. Younger children may use Testlyn only through a parent's account or a teacher's or school's class, under the Parental Consent terms.

2.3 Keep your password and sign-in methods secure. You are responsible for activity on your account unless you tell us promptly that it was used without your permission.

2.4 One person, one account. Teachers and centers may invite staff to their workspace, and each staff member uses their own account.

3. Teachers, centers and their students

3.1 A teacher or center that adds students to Teach, or invites them to a class, is responsible for having a lawful basis to do so, including any consent required from students or parents, and for how they use student information outside Testlyn.

3.2 For student data a teacher or center enters or collects in Teach, the teacher or center decides why it is processed and Testlyn processes it on their behalf to provide Teach. Testlyn does not market to students who joined through a teacher's class.

3.3 Staff roles and permissions set by a center owner control what staff can see. The owner is responsible for the people they invite.

4. Plans, payments and renewal

4.1 Some features require a paid plan (for example Teach Pro or Center) or have usage limits (for example AI grading credits). The features, limits and prices of each plan are shown on the pricing page before you buy.

4.2 Automatic renewal. Paid plans renew automatically at the end of each monthly or yearly period, at the price shown at checkout, and the payment method on file is charged, until you cancel. We email you before a yearly renewal. If the price of your plan is going to change, we email you at least 30 days before the renewal at which the new price applies.

4.3 Cancel any time in Teach → Settings → Plan, in the same number of steps it took to subscribe, or by emailing [email protected]. Cancellation stops the next renewal; access continues until the end of the period already paid. Refunds for plans are set out in the Refund and Cancellation Policy.

4.4 Payments are processed by Stripe. Prices are in US dollars unless shown otherwise. Taxes are added where the law requires and shown before you pay.

4.5 If a payment fails, we may retry it and pause paid features until payment succeeds. Your data is not deleted because of a failed payment.

4.6 Credits (such as AI grading credits) have no cash value, cannot be transferred, and expire as stated when you receive them.

5. AI grading and automated feedback

5.1 Writing and Speaking tasks may be graded by automated systems, including large language models and speech-assessment services. Automated grades can be wrong. They are estimates to support practice, not assessments by an examiner.

5.2 Teachers may review, change or override an automated grade.

5.3 Do not submit personal information that is not needed for the task, such as ID numbers or health information, in essays or recordings.

5.4 Content you submit for grading is sent to our AI providers only to produce the grade and feedback. Under our agreements they do not use it to train their models.

6. Content

6.1 Our content. The practice bank, questions, explanations, model answers, audio, software, design and trademarks of Testlyn belong to Testlyn or its licensors, including our licensor Công ty TNHH Ngoại Ngữ 8020. We give you a personal, non-transferable, revocable licence to use them inside the Service for learning or teaching, in line with your plan.

6.2 Your content. You keep ownership of what you create or upload: classes, student lists, tasks, answers, essays, recordings, profile content and messages ("Your Content"). You give Testlyn a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, translate, display and transmit Your Content only as needed to provide, secure and improve the Service and as described in the Privacy Policy. This licence ends when Your Content is deleted from the Service, except for copies kept in backups for up to 90 days or where the law requires longer.

6.3 You confirm you have the rights needed to upload Your Content, and that it does not infringe anyone's rights or break the law.

6.4 Export. Teachers and centers can export classes, students, scores and financial records from Teach at any time.

6.5 Copyright complaints. If you believe content on Testlyn infringes your copyright, send a notice to [email protected] with: your contact details; the work you claim is infringed; the location of the material on Testlyn; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that the notice is accurate and you are authorized to act; and your signature. We remove infringing material and close accounts of repeat infringers.

7. Acceptable use

You must not:

1. copy, scrape, crawl, export or republish the practice bank, explanations or model answers, or use them to build a competing product or to train machine-learning models;
2. resell or share access to paid features or accounts;
3. upload official exam papers, leaked exam content or commercial textbooks you have no right to share;
4. use the Service to cheat in any exam or assessment, or to offer cheating services;
5. interfere with the Service's security, probe for vulnerabilities without our written permission, or overload it;
6. use the Service to send spam, harass anyone, or collect other users' personal data;
7. impersonate anyone, or misrepresent your identity, qualifications or affiliation;
8. break the Code of Conduct or any law that applies to you.

If you find a security issue, report it to [email protected]; we will not take action against good-faith research that follows these instructions and does not access other users' data.

8. Third-party services

The Service uses and links to services we do not control, including Stripe (payments), Google (sign-in), video meeting tools chosen by tutors, and AI providers. Their own terms apply to your use of them. We are not responsible for them, but we choose them carefully and replace them if they fail our standards.

9. Availability and changes to the Service

We work to keep the Service available and your data safe, and we back it up regularly. The Service may be interrupted for maintenance or by events outside our control. We may change, add or remove features. If we remove a feature that is a material part of a paid plan you have already paid for, you may cancel and receive a pro-rata refund for the unused period.

10. Suspension and ending

10.1 You may close your account at any time by writing to [email protected]. Before closing, export any data you want to keep.

10.2 We may suspend or close your account, with notice and our reasons unless the law or safety prevents it, if you seriously or repeatedly break these Terms, fail to pay, create risk or legal exposure for Testlyn or other users, or if the law requires it.

10.3 If we close your account without a breach by you, we refund the unused part of any prepaid plan.

10.4 Sections 6.1, 6.2 (for backups), 7, 11, 12, 13, 14 and 15 survive the end of these Terms.

11. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, Testlyn disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Service will be uninterrupted or error-free, or that any score, grade or feedback is accurate. Tutors are independent and Testlyn is not responsible for their acts or omissions, except for our own obligations set out in the Marketplace Terms and the Refund Policy.

Some jurisdictions do not allow these disclaimers; where that is so, they apply only to the extent permitted.

12. Limitation of liability

To the fullest extent the law allows:

• Testlyn is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or exam opportunities;
• Testlyn's total liability for all claims relating to the Service is limited to the greater of (a) the amounts you paid Testlyn in the 12 months before the event giving rise to the claim and (b) 100 US dollars.

These limits do not apply to liability for fraud, gross negligence or wilful misconduct, death or personal injury caused by negligence, or anything else that cannot be limited by law, and they do not remove statutory rights you have as a consumer.

13. Indemnity

If you use the Service for business (for example as a teacher, center or tutor), you will indemnify Testlyn against third-party claims, losses and reasonable legal costs arising from Your Content, your breach of these Terms, or your violation of law or of another person's rights.

14. Disputes and governing law

14.1 Talk to us first. Most problems are solved quickly. Before starting any claim, write to [email protected] describing the problem and what you want; we both try to resolve it in good faith for 30 days.

14.2 Law. These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of mandatory consumer laws of the country where you live.

14.3 Courts. Disputes not resolved under 14.1 go to the state or federal courts located in Wyoming, and each party consents to their jurisdiction. If you are a consumer, you may also bring a claim in the courts where you live, and either party may use a small-claims court with jurisdiction.

15. General

15.1 Changes to these Terms. We may update these Terms. We post the new version at testlyn.com/legal with its effective date, and for material changes we email account holders at least 30 days before they apply. Changes do not apply retroactively to purchases already made. If you do not agree, you may stop using the Service and cancel any plan before the change takes effect.

15.2 Entire agreement. These Terms and the documents they refer to are the entire agreement between you and Testlyn about the Service.

15.3 Severability, waiver. If a provision is found unenforceable, the rest remains in force. Not enforcing a right is not a waiver.

15.4 Assignment. You may not transfer your rights under these Terms. We may transfer them to a successor that takes over the Service, and will tell you.

15.5 Sanctions. You confirm you are not subject to US sanctions and will not use the Service from a comprehensively sanctioned country or region.

15.6 Language. The English version prevails over translations, except the Terms for Students in Vietnam, where the Vietnamese version prevails.

15.7 Notices. We send notices to your account email. You send notices to [email protected].

16. Contact

Testlyn LLC · 30 N Gould St Ste N, Sheridan, WY 82801, USA · [email protected]