Terms of Service
Our commitment to fair and transparent service
1. Introduction
Welcome to Phoque! These Terms of Service (“Terms”) govern your use of the Phoque platform, including our website, applications, and AI-powered learning services (collectively, the “Service”).
Phoque is operated by TalentOptima Ltd (“we”, “us”, “our”), registered as a Limited Company (#15923883) in England & Wales, with registered office at 2nd Floor, College House, 17 King Edwards Road, Ruislip, London HA4 7AE, United Kingdom.
By creating an account or using Phoque, you agree to these Terms. If you do not agree, please do not use the Service.
If you are a parent or guardian creating an account for a child, you agree to these Terms on their behalf and accept responsibility for their use of the Service.
2. Eligibility
Parent/Guardian Accounts
- You must be at least 18 years old
- You must have the legal authority to agree to these Terms
- You must provide accurate registration information
Student Accounts
- Students must be aged 13-18
- Students can only access via parent/guardian invitation
- Students under 18 must have parental consent
We reserve the right to verify age and parental status, and refuse or terminate accounts that do not meet eligibility requirements.
3. Account Registration and Security
3.1 Creating an Account
To use Phoque, you must create an account by providing a valid email address, a secure password, and accurate profile information.
You agree to:
- Provide truthful information
- Keep your login credentials confidential
- Notify us immediately of any unauthorised access
- Not share accounts between multiple families
3.2 Parent-Student Relationship
Parents/guardians:
- • Create the primary account and subscription
- • Invite students via secure invite codes
- • Maintain responsibility for student accounts
- • Can view progress and manage settings
- • Can delete student accounts and data
Students:
- • Access Phoque through parent invitation only
- • Cannot create accounts independently (under 18)
- • Must use the Service appropriately
Account Security
You are responsible for all activity on your account. We are not liable for any loss resulting from unauthorised use of your account.
4. Subscriptions and Payment
4.1 Subscription Plans
| Plan | Price | Billing |
|---|---|---|
| Loading current pricing from the canonical plans catalogue… | ||
Prices are in GBP and include VAT where applicable. The table above is sourced from our canonical plans catalogue and reflects current live pricing. We reserve the right to change prices with 30 days' notice.
4.2 Free access (Explorer) and cooling-off
Explorer is free forever with no card on file. For paid plans, UK and EU consumers have a statutory 14-day cooling-off period from purchase during which you may cancel for any reason and receive a full refund. See §4.5 for the cooling-off mechanism. Paid plans renew automatically unless cancelled before the next billing date.
4.3 Billing
- • Subscriptions are billed in advance
- • Payment is processed securely via Stripe
- • Automatic renewal unless cancelled
- • Annual subscriptions save ~17%
4.4 Cancellation
You may cancel your subscription at any time via Settings → Subscription → Cancel, or by emailing support@phoque.ai.
Monthly subscriptions: Cancellation takes effect at the end of your current billing period.
Annual subscriptions: Cancel within 30 days for a full refund. After 30 days, you retain access until the end of your annual term.
4.5 Your Right to Cancel (14-Day Cooling-Off Period)
Consumer Rights Act 2015 & Distance Selling Rights
If you are a consumer in the UK or EU, you have the right to cancel your subscription within 14 days of purchase for any reason, and receive a full refund. This is your statutory cooling-off period.
To cancel within 14 days:
- • Email support@phoque.ai with "Cancel within cooling-off period"
- • Or use Settings → Subscription → Cancel (select "Within 14 days")
- • We will refund you within 14 days of receiving your cancellation
Note: If you start using the Service during the 14-day period, you agree that the digital content delivery has begun. You still have the right to cancel, but we may deduct a proportionate amount for the service already used.
4.6 Additional Refunds
Beyond the 14-day cooling-off period, we also offer refunds for:
- • Annual subscriptions cancelled within 30 days (full refund)
- • Technical issues preventing use of the Service
- • Billing errors
Refund requests: support@phoque.ai
5. Use of the Service
5.1 Permitted Use
You may use Phoque to:
5.2 Prohibited Use
You agree NOT to:
General
- Violate any applicable laws or regulations
- Infringe intellectual property rights
- Impersonate others or provide false information
- Attempt to access accounts belonging to others
Technical
- Reverse engineer, decompile, or disassemble the Service
- Circumvent security measures or access controls
- Use automated tools (bots, scrapers) without permission
- Introduce malware, viruses, or harmful code
- Overload or disrupt our infrastructure
For Students
- Attempt to bypass parental controls
- Share personal information with other users
- Use the Service in ways not intended for learning
5.3 AI-Generated Content
Phoque uses artificial intelligence to generate lessons, hints, explanations, and feedback. While we strive for accuracy, AI-generated content may occasionally contain errors and should not replace professional advice (medical, legal, etc.). We review and improve AI outputs continuously.
6. Intellectual Property
6.1 Our Content
Phoque and its contents—including but not limited to text, graphics, logos, software, curriculum content, AI models, and user interface designs—are owned by TalentOptima Ltd or our licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from our content without our written permission.
6.2 Your Content
You retain ownership of content you submit (e.g., free-text answers, voice recordings). By submitting content, you grant us a limited licence to:
- Process it to provide the Service
- Analyse it to improve your learning experience
- Use anonymised, aggregated data to improve our AI
6.3 Feedback
If you provide feedback, suggestions, or ideas, you grant us the right to use them without compensation or attribution.
7. Privacy
Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using Phoque, you consent to the data practices described in our Privacy Policy.
Read our Privacy Policy8. Disclaimers
8.1 Service Provided “As Is”
Phoque is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including:
8.2 Educational Outcomes
We do not guarantee specific grades, exam results, or learning outcomes. While our platform is designed to improve learning, results depend on many factors including student effort, prior knowledge, and individual circumstances. Grade predictions are estimates based on learning data and should not be relied upon as guarantees.
8.3 Availability
We strive for high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, technical issues, or circumstances beyond our control.
9. Limitation of Liability
To the maximum extent permitted by law:
9.1 Exclusion of Certain Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- • Loss of profits or revenue
- • Loss of data
- • Loss of goodwill
- • Any other intangible losses
9.2 Cap on Liability
Our total liability for any claims shall not exceed the greater of:
- • The amount you paid us in the 12 months preceding the claim, or
- • £100
9.3 Exceptions & Consumer Rights
Nothing in these Terms excludes our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. If you are a consumer, these limitations do not affect your statutory rights under UK consumer protection law.
10. Indemnification
You agree to indemnify and hold harmless TalentOptima Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you submit
11. Termination
11.1 Termination by You
You may terminate your account at any time by cancelling your subscription and requesting account deletion, or by emailing support@phoque.ai.
11.2 Termination by Us
We may suspend or terminate your account if:
- • You breach these Terms
- • We are required to do so by law
- • Your account poses a security risk
- • You engage in fraudulent or illegal activity
11.3 Effect of Termination
- • Your right to access the Service ends immediately
- • We will delete your personal data in accordance with our Privacy Policy
- • Provisions that by their nature should survive (e.g., intellectual property, limitation of liability) will survive
12. Changes to Terms
We may modify these Terms from time to time. We will notify you of material changes by:
Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to changes, you should stop using the Service and cancel your subscription.
13. General Provisions
13.1 Governing Law
These Terms are governed by the laws of England and Wales. If you are a consumer, you may also bring proceedings in the courts of your country of residence.
13.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TalentOptima Ltd.
13.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
13.4 Waiver
Our failure to enforce any provision shall not constitute a waiver of that provision.
13.5 Assignment
You may not assign your rights without our written consent. We may assign our rights and obligations without restriction.
13.6 Third-Party Rights
These Terms do not create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
14. Contact Us
For questions about these Terms:
Email: legal@phoque.ai
Post: Legal Team, TalentOptima Ltd (#15923883), 2nd Floor, College House, 17 King Edwards Road, Ruislip, London HA4 7AE, United Kingdom
For support issues:
Email: support@phoque.ai
In-app: Help → Contact Support