Terms of Service

These Terms of Service ("Terms") govern your use of the Foxey mobile and web application and related services (the "Service"), operated by Near Mint ("we", "us", "our").

By creating an account or using the Service — including as a guest, without an account — you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Foxey is a daily speaking-practice tool. It gives you a speaking topic, lets you record a short speech (about one minute), and returns automated feedback: a transcript, per-dimension scores, an overall score out of 100, and written comments, in English and Cantonese (廣東話).

Foxey is a self-improvement practice tool. It is NOT a certified language assessment, an accredited examination, an educational institution, a speech-therapy service, or a medical or professional adviser. Scores and feedback are generated by artificial intelligence and may be inaccurate, incomplete, or inconsistent. Do not rely on them for high-stakes decisions such as examinations, employment, immigration, diagnosis, or treatment.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the consent of a parent or legal guardian who accepts these Terms on your behalf. By using the Service you represent that you meet these requirements. The Service is intended first for users in Hong Kong; you are responsible for compliance with any laws that apply to you.

3. Guest use and accounts

You can browse topics and try the core recording-and-scoring experience without an account, as a guest. Guest progress is stored only on your device and is lost if you delete the app.

Some features require an account: keeping your history and streak across devices, appearing on the leaderboard, and customising a public profile. You are responsible for your account, your sign-in credentials, and all activity under your account. Provide accurate information and keep it up to date. Notify us promptly of any unauthorised use. We may refuse, suspend, or terminate accounts at our discretion, including for breach of these Terms.

4. Acceptable use

You agree not to:

• record or submit content that is unlawful, defamatory, harassing, hateful, sexually explicit, or infringing;
• record another person's voice without their knowledge and consent;
• manipulate scores, streaks, or the leaderboard — including with bots, pre-scripted or synthesised audio, loops, or exploits;
• impersonate others or create misleading display names;
• scrape, disrupt, reverse-engineer, or misuse the Service, or probe its security;
• use the Service for any unlawful purpose.

You are solely responsible for what you record and submit. We have zero tolerance for abusive behaviour; we may remove content and suspend or terminate accounts that violate these rules.

5. AI feedback

Feedback is generated automatically by third-party AI models from your speech's transcript and acoustic metrics (such as pace, pausing, filler usage, and pitch variation). It is practice guidance, not a professional evaluation, and we do not guarantee its accuracy, consistency, or fitness for any purpose.

The scoring rubric is versioned and may change; scores produced under different rubric versions may not be directly comparable. Anti-gaming signals (for example, a "sounds like you're reading" flag) are heuristics and may occasionally misfire.

6. Leaderboard

The leaderboard is optional. If you enable it, your display name, avatar, weekly points, and current streak are visible to other users. Points are earned from your best scored speech each day; points, ranks, and streaks have no monetary value, are not transferable, and cannot be redeemed for anything.

We may adjust scoring rules, reset boards, suspend the leaderboard, and remove entries or users that appear manipulated, at our discretion.

7. Subscriptions and payments

The free tier includes a limited number of AI ratings per month. Foxey Pro, a paid subscription, unlocks additional ratings and features. Current limits and prices are shown in the app before you buy.

If you subscribe through the Apple App Store, payment is processed by Apple under Apple's own terms. Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date in your Apple ID settings, and refund requests are handled by Apple. If you subscribe on the web, payment is processed by Stripe under its terms; you can cancel at any time and keep access until the end of the current billing period.

We may change prices or plan features with reasonable notice; changes apply from your next billing period.

8. Your content and your voice

You retain ownership of the content you submit (recordings, speech content, profile information, topic suggestions). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, and display that content solely as needed to operate and improve the Service — transcribing and scoring your speeches, keeping your history and streak, and showing your leaderboard entry if you enable it.

Voice recordings are processed transiently to produce your transcript and scores and are NOT retained after analysis. See the AI & Voice Data Promise and the Privacy Policy for the details. You represent that you have the rights to the content you submit and that it does not infringe any third-party rights.

9. Third-party services

The Service relies on third parties (including authentication, cloud hosting and database, speech-to-text, AI scoring, push notifications, and diagnostics providers). We are not responsible for third-party services, and your use of them may be subject to their own terms. Speaking topics are prompts for practice only and do not represent our views.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. WITHOUT LIMITING THIS, WE DO NOT WARRANT THAT ANY SCORE, TRANSCRIPT, OR FEEDBACK IS ACCURATE, THAT THE SERVICE WILL IMPROVE YOUR SPEAKING, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEAR MINT, ITS DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OPPORTUNITIES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED HKD 100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify and hold harmless Near Mint from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your content, your interactions with other users, or your breach of these Terms.

13. Suspension and termination

We may modify, suspend, or discontinue the Service (in whole or part) at any time. We may suspend or terminate your access at any time, with or without notice, including for breach of these Terms. You may stop using the Service at any time and delete your account in Settings; what happens to your data is described in the Privacy Policy.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the Service or by other reasonable means. Continued use after changes take effect constitutes acceptance.

15. Governing law

These Terms are governed by the laws of the Hong Kong Special Administrative Region, and you submit to the exclusive jurisdiction of the Hong Kong courts.

16. Contact

Near Mint — contact@nearmint.tech