Terms and Conditions of Service

Please note that these Terms and Conditions of Service were last revised on Feb 11th, 2025

1. General

Quing websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Play4Edu (“Quing,” “us,” or “we”). Access and use of the Service is subject to the following 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. Quing may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

2. Description of Website and Service

The Service allows users to access and use a variety of educational services, including learning or practicing a language. Quing may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

3. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.

4. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

5. IELTS Speaking Score Evaluation

Our App provides a feature for evaluating a user's IELTS speaking score from submitted recordings. This evaluation is based on the IELTS Speaking Test Band Descriptors, which assess performance against four criteria: Fluency and Coherence, Lexical Resource, Grammatical Range and Accuracy, and Pronunciation. While our evaluation aims to provide a helpful assessment, it is for informational purposes only and does not constitute an official IELTS score.

6. Community and User-Generated Content

The App includes a community feature where users can share their experiences. By using this feature, you agree to our Community Guidelines. You are solely responsible for the content you create and share. You grant Quing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, adapt, modify, distribute, and publicly display your user-generated content within the scope of the Service and for related promotional materials.

To ensure a positive and respectful environment, user-generated content must adhere to the following:

Quing reserves the right to remove any content that violates these guidelines and may restrict or suspend access for users who repeatedly breach these terms.

7. English Study Contents

The App provides various English study contents, including but not limited to lessons, exercises, and interactive tools designed to assist users in improving their English language skills.

8. Use of User Recordings for AI Training

By using the Service, you agree that your spoken recordings, excluding any private or personally identifiable information, may be used by Quing for the purpose of improving and training our Artificial Intelligence (AI) models. This helps us enhance the accuracy and effectiveness of features such as our IELTS speaking score evaluation and other language processing tools.

We are committed to protecting your privacy. Any personal data contained within the recordings will be de-identified or anonymized before being used for AI training. We will not sell your data collected through these recordings. Users may have the option to opt-out of their data being used for AI training, as described in our Privacy Policy. We encourage you to review our Privacy Policy for more details on how your data is collected, used, and protected.

9. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Quing; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Quing, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

10. Your Representations and Warranties

You represent and warrant to Quing that your access and use of the Service will be in accordance with these Terms and Conditions and 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 represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You 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.

11. Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to Quing a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Quing, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Quing have any obligation to you or anyone else to maintain the confidentiality of the Content.

You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in Quing’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Quing or its users to any harm or liability of any kind; or (iii) violates Quing’s Community Guidelines.

12. Indemnification of Quing

You agree to defend, indemnify and hold harmless Quing and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, 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.

13. License to Apps

Subject to the terms of these Terms and Conditions, Quing grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion 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. Quing 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 Quing, 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 Quing 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 Quing 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, Quing, 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 Quing 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.

14. In-App Purchases

Subscription

If you purchase a non-renewing subscription through the Service, your Quing account will be billed once for the subscription.

Fees and Taxes

You agree to pay all fees and applicable taxes incurred by you or anyone using a Quing account registered to you. Quing may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

15. Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Quing be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

16. Refund Policy

All payments are nonrefundable. There are no refunds or credits for Virtual Items or partially used membership periods. However, Quing may grant refunds or credits on a case-by-case basis at our sole discretion. Quing’s grant of a refund or credit in one instance does not obligate Quing to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Quing service, you will continue to have access to the service through the end of your current billing period.

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Quing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Quing, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Quing shall 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 Quing on the Service are subject to change. In consideration for Quing granting you access to and use of the Service, you agree that Quing 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.

18. NO REPRESENTATIONS OR WARRANTIES BY Quing

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY Quing ARE PROVIDED TO YOU ON AN “AS IS” BASIS. Quing AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Quing 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

19. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

Quing is not liable for indirect, incidental, special, consequential, or exemplary damages arising from your access or use of the Service, including but not limited to loss of use, inaccurate results, loss of profits, business interruption, or data loss. Quing's total liability to you or any third party is limited to the amount you paid for the Service in the 12 months prior to the initial action giving rise to liability.

20. Termination

Quing may terminate your access to the Service immediately at any time for any reason. You may terminate your Quing account by following the instructions within the Service.

21. Proprietary Rights in Service Content and Activity Materials

All Service Content (designs, text, graphics, images, software, audio, etc.) is the property of Quing or its licensors. You may not modify, copy, distribute, or use data mining/scraping methods on Service Content. All data and materials generated from your use of educational activities ("Activity Materials") are exclusively owned by Quing, and you assign all rights, title, and interest in Activity Materials to Quing by using the Service.

22. Trademarks

“Quing” and all associated trademarks, service marks, graphics, and logos are owned by Quing or their respective owners. Use of the Service does not grant you the right to use Quing's name or any Quing or third-party trademarks.

23. Privacy

Use of the Service is subject to Quing's Privacy Policy, located at www.quing-english.com/privacy. By using the Service, you consent to the Privacy Policy.

24. Promotion Code Terms

Quing may offer Promotion Codes for Services, subject to these Terms and Conditions.

Code Providers

Promotion Codes may be provided by third parties (“Code Provider”). Your Code Provider may set eligibility limits and terminate your Promotion Code use (e.g., if employment ceases). If a Code Provider terminates your code, you retain your Quing account and data and can subscribe independently. Quing may share anonymized, aggregate, and individual usage data related to your Promotion Code with your Code Provider.

Types of Promotion Codes

Quing may offer the following types of Promotion Codes:

Terms Applicable to All Promotion Codes

Promotion Codes have no cash value and cannot be redeemed for cash or refunds. Each code can only be redeemed once. Some codes may have expiration dates or redemption limits. Quing can modify, suspend, or terminate a Promotion Code at any time. Reselling or transferring Promotion Codes is prohibited and voids the code. Violation of these terms may result in invalidation of the code, termination of services, and a ban from using Promotion Codes.

To report copyright infringement, submit a written notification to Quing including:

Consult legal counsel or 17 U.S.C. §512(c)(3) for details. Quing’s Copyright Agent: admin@play4edu.net. Only copyright infringement notices should go to this agent; non-compliance may invalidate your notice.

If your content was removed mistakenly, you may submit a counter-notice with:

Quing will forward your counter-notification (including personal information) to the original claimant. If the claimant does not notify Quing within 10 days of filing a court action, the material may be reinstated.

26. Dispute Resolution & Arbitration

Monetary relief disputes related to these Terms or the Service must be resolved by binding arbitration on an individual basis.

Before arbitration, the Claimant must send a written Notice of Claim to the Respondent via email or USPS Certified Mail, including claimant details, counsel (if any), claim nature, and specific relief sought. Within 30 days, parties must engage in at least one good-faith settlement conference by phone or video, with individual parties personally present or entity parties represented by an employee with settlement authority. Arbitration proceeds only if no settlement is reached.

Arbitration will be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”). This section's provisions take precedence over AAA Rules in case of conflict. If AAA is unavailable, parties will use a mutually agreed organization or arbitrate ad hoc under this section's rules. Arbitration will be in English.

Claims within small claims court jurisdiction may be heard there individually instead of arbitration.

If 25 or more similar arbitration demands are filed against the same party with consistent representation, the AAA's Supplementary Rules for Multiple Case Filings apply, and counsel must comply with AAA's Filing Requirements for Multiple Case Filings. No class or collective arbitration, or joinder of claims, is allowed except as per the AAA's Supplementary Rules for Multiple Case Filings.

Individuals may opt out of this arbitration agreement by emailing legal@quing-english.com within 30 days of first accessing the Service.

Either party may seek non-monetary, injunctive, or urgent relief in court without arbitration or informal dispute resolution.

27. Language

This agreement was originally in English (US); the English version controls if translated versions conflict.

28. Additional Terms for Android Users in China

These Terms are a contract between you and Play4Edu, a Delaware corporation. All paid Quing Services are developed and operated from the United States, and payments go to Play4Edu in Korea. By purchasing a paid Quing service, you agree you are buying an offshore service based in the United States.

29. Miscellaneous

These Terms and Conditions form the entire agreement. If any provision is unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in effect. Waiver of any provision or breach by Quing or you does not waive future breaches. Quing may assign its rights or obligations without condition. These Terms bind and benefit Quing and you, and your respective successors and permitted assigns.

Last revised on Jul 29th, 2025.