Terms of Service

Last updated: 3 June 2026

These Terms of Service ("Terms") form a binding agreement between you ("you") and Matthew Fabling, a sole trader trading as "Smooth English", who operates the ActuallySpeak app ("we", "us", "ActuallySpeak"). By creating an account, taking a diagnostic, or starting a subscription, you agree to these Terms. If you do not agree, do not use the service.

Quick summary (the full terms below are what's legally binding):

1. Who we are

ActuallySpeak is operated by Matthew Fabling, a sole trader trading as "Smooth English" (the "trader" for the purposes of UK consumer law), United Kingdom.

Contact email: actuallyspeak.help@gmail.com
Address for legal notices: 4 Earlsburn Road, Lenzie, Glasgow, East Dunbartonshire, Scotland, G66 5PF, United Kingdom

2. The service

ActuallySpeak is a web app for practising spoken English. It includes a free diagnostic (IELTS-style or General English level test), AI-generated feedback on your speaking, vocabulary trainers, and subscription-only premium trainers. Service availability, features and pricing may change with notice.

3. Your account

4. Subscriptions, trials and billing

We currently offer three subscription plans, billed in GBP via Stripe:

PlanPriceTrialRenewal
Pro (General English scene trainer)£4.99 / month7 days free, card requiredMonthly, auto-renews
Premium Monthly (IELTS Band 7+ trainer)£9.99 / month7 days free, card requiredMonthly, auto-renews
Premium Annual (IELTS Band 7+ trainer)£59 / year7 days free, card requiredYearly, auto-renews

Trial: the 7-day free trial begins the moment you complete checkout. You will not be charged during the trial. You can cancel at any point before the trial ends and you will not be billed.

Auto-renewal: after the trial, your plan renews automatically at the price shown above (monthly or annual depending on plan) until you cancel.

Cancellation: you can cancel any time from the Manage Subscription portal (Stripe). Cancellation takes effect at the end of your current paid period — no further charges, and you keep access until that date.

Price changes: if we change the price of your plan we will email you at least 30 days before the change applies. You can cancel before the new price takes effect.

5. Refunds and cancellation

Cancel the free trial = no charge. If you cancel before your 7-day free trial ends, you are never charged. This is the simplest way to avoid payment.

14-day statutory cooling-off. Because this is a distance contract for a digital service, you have a legal right to cancel within 14 days of signing up. By starting your access immediately (so you can use the service during your trial) you ask us to begin supply straight away and acknowledge that your right to cancel for services already supplied may end once supply has begun.

After the cooling-off period, we do not refund the period already paid, but you can cancel at any time to stop future charges and keep access until the end of your current paid period — cancelling is as easy as subscribing.

Your statutory rights are not affected. Where UK law requires a refund (for example, if the service is faulty or not as described under the Consumer Rights Act 2015), we honour that regardless of the above.

Full details are in our Refund & Cancellation Policy.

6. Free diagnostic and free tier

The 9-prompt IELTS diagnostic and the 4-scene General English level test are free. We may rate-limit usage to prevent abuse. We may discontinue or change free features at any time.

7. Acceptable use

You agree not to:

We may suspend or terminate your account for material breach. Where the breach is serious, we may do so without refund.

8. Intellectual property

The site, code, prompts, vocabulary lists, and methodology (including the Logic Engine and Clusterbomb method) are owned by Matthew Fabling trading as "Smooth English". Stock images and videos are licensed from Pexels under their respective terms. You retain ownership of your own answers and transcripts; by submitting them, you grant us a non-exclusive licence to process them for the purpose of providing the service and improving scoring quality. We do not publish your individual answers without your written consent.

9. AI-generated feedback — important disclaimer

Feedback, band-score estimates, and CEFR levels are generated by AI models against the official IELTS Speaking Band Descriptors and standard CEFR criteria. They are best-effort estimates. We do not guarantee:

Treat all AI feedback as a guide for practice, not as an official assessment.

10. Service availability

We aim for high uptime but make no guarantee of uninterrupted service. The service depends on third-party providers (Supabase, Stripe, Groq, Anthropic, Netlify) whose own incidents may affect availability. Planned maintenance will be announced where reasonably practicable.

11. Limitation of liability

To the extent permitted by law:

12. Privacy

How we handle personal data is set out in our Privacy Policy, which is incorporated into these Terms by reference.

13. Termination

You can stop using the service and cancel your subscription at any time. We may suspend or terminate accounts for breach of these Terms, fraud, or chargebacks. On termination, premium access is revoked; you can request export of your data by emailing us.

14. Changes to these Terms

We may update these Terms. If a change is material we will email subscribed users and update the "Last updated" date. Continued use after the effective date constitutes acceptance.

15. Governing law

These Terms are governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales, except where UK consumer law gives you a non-waivable right to your local courts.

16. Contact

Questions about these Terms? Email actuallyspeak.help@gmail.com.