Terms of Service

1. Introduction and Acceptance

Welcome to CELPIP Simulator. These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service") provided by CELPIP Simulator ("we," "us," or "our"), a Canadian company operating from Toronto, Ontario.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

3. Description of Services

CELPIP Simulator provides an online test preparation platform that offers:

• AI-generated practice exams designed to simulate CELPIP-style questions
• Automated grading for Listening and Reading sections
• AI-powered feedback for Writing and Speaking sections
• Video tutorial content for test preparation
• Performance analytics and progress tracking
• Multi-language interface and feedback support

Our Service is for educational and practice purposes only. It is not a substitute for the official CELPIP examination.

5. User Accounts and Eligibility

5.1 Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.

5.2 Account Registration

To access certain features of the Service, you must create an account. You can create an account by:

• Email and Password: Providing an email address and creating a password
• Social Login: Using your existing Google, Facebook, or Apple account through our federated authentication system

Regardless of your registration method, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials (password for email registration, or access to your social login account)
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

Social Login Acknowledgment: When you use social login (Google, Facebook, or Apple), you authorize us to access certain information from your social account as described in our Privacy Policy. You are also subject to the terms of service and privacy policies of the respective social login provider. We use AWS Cognito to securely manage federated authentication, and we do not have access to your social media passwords.

Account Linking: You may link multiple authentication methods (email/password and social login providers) to a single account. This allows you to sign in using any of your linked methods. You are responsible for managing your linked authentication methods through your account settings.

5.3 Account Restrictions

Each account is for individual use only. You may not share your account credentials (including social login access), allow multiple users to access a single account, or create multiple accounts using different authentication methods to circumvent access limitations or payment requirements. Creating duplicate accounts with the same email address through different social login providers is prohibited.

5.4 Password Management and Security

If your account uses email and password authentication (EMAIL_PASSWORD method), you can change your password at any time from Settings > Account Management.

Password Requirements:

• Minimum 8 characters in length
• At least one uppercase letter (A-Z)
• At least one lowercase letter (a-z)
• At least one number (0-9)
• At least one special character (!@#$%^&*()_+-=[]{}'":\|,.<>/?)

Password Change Process:

• You must provide your current password to change your password
• Your new password must be different from your current password
• Your new password must meet all password requirements listed above
• Password changes take effect immediately

Important Note for Social Login Users: If you signed up using Google, Facebook, or Apple (social login), you do not have a password and the password change feature is not available to you. Your authentication is managed by your social login provider. However, you can link a password to your account as a backup authentication method from Settings > Linked Accounts.

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. If you suspect unauthorized access to your account, you must change your password immediately and notify us at security@celpipsimulator.com.

6. Subscription Plans and Pricing

6.1 Plan Offerings

We offer the following subscription plans:

• FREE Plan: Limited access to 2 practice exams with basic features
• Monthly Pass: $49 CAD per month, automatically renews monthly until cancelled
• Intensive Pass: $129 CAD for 12 weeks of access (one-time payment)
• Lifetime Access: $229 CAD for unlimited lifetime access (one-time payment)

6.2 Pricing and Taxes

All prices are listed in Canadian Dollars (CAD) and are subject to applicable taxes (GST/HST) based on your billing address. The total amount charged will include applicable taxes calculated at checkout.

6.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes will not affect existing subscriptions until renewal. For one-time payment plans (Intensive Pass, Lifetime Access), the price you pay is locked in for the access period purchased.

6.4 Auto-Renewal (Monthly Pass Only)

The Monthly Pass subscription automatically renews each month and charges your payment method on file unless you cancel before the renewal date. You can cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of your current billing period.

7. Payment Terms

7.1 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you authorize us to charge your payment method for the selected plan and any applicable taxes.

7.2 Payment Method

You must provide a valid payment method to purchase paid plans. You represent and warrant that you have the legal right to use any payment method you provide. You agree to promptly update your payment information if it changes or expires.

7.3 Failed Payments

If a payment fails due to card expiration, insufficient funds, or other reasons, we may suspend your access to paid features until payment is successfully processed. For subscription plans, we may attempt to charge your payment method multiple times over several days.

7.4 No Refunds for Subscription Renewals

Subscription renewal payments (for Monthly Pass) are non-refundable. You can cancel before your next billing date to avoid being charged for the next period.

8. Refund Policy

8.1 7-Day Money-Back Guarantee

We offer a limited 7-day money-back guarantee for first-time purchases of the Intensive Pass and the first month of the Monthly Pass subscription, subject to the usage limitations below.

8.2 Refund Eligibility Requirements

To be eligible for a refund, ALL of the following conditions must be met:

• Request must be made within 7 calendar days of your payment date
• You must have taken fewer than 5 complete practice exams
• You must have watched fewer than 5 video lessons
• This must be your first purchase (refund available on first purchase only)
• Your account must not be flagged for violation of these Terms

8.3 Non-Refundable Plans and Situations

The following are NOT eligible for refunds under any circumstances:

• Lifetime Access Plan: All sales are final (clearly stated at purchase)
• Subscription renewals (only first-time purchases eligible)
• Referral discount redemptions
• Requests made after 7 days from purchase date
• Accounts that have exceeded usage limits (5+ exams or 5+ videos)
• Accounts terminated for Terms violations

8.4 Refund Process

To request a refund, contact us at support@celpipsimulator.com with your account email and order details. Eligible refunds will be processed within 5-10 business days to your original payment method. Upon refund, your access to paid features will be immediately terminated.

8.5 Refund Abuse

We reserve the right to deny refunds to users who demonstrate a pattern of abuse, including but not limited to: creating multiple accounts to claim multiple refunds, providing false information to obtain refunds, or repeatedly purchasing and requesting refunds.

9. Referral Program Terms

9.1 Program Overview

Our referral program allows users to earn $30 CAD for each new customer who purchases a paid plan using their unique referral link or code. Referred customers receive $10 CAD off their first purchase.

9.2 Eligibility and Restrictions

• Referral rewards apply only to first-time purchases (not renewals)
• You cannot refer yourself or use multiple accounts to abuse the program
• Referral payments are processed within ~3 weeks after the referred customer's purchase (14-day waiting period + weekly Friday payout + bank transfer time)
• Waiting period covers the 7-day refund window (first purchase only) plus a buffer for disputes
• Minimum payout threshold is $10 CAD (industry-leading low minimum - cash out after just 1 referral!)
• Payments are made via Stripe Connect bank transfer

9.3 Fraud Prevention

We reserve the right to:

• Investigate suspicious referral activity
• Withhold or deny referral payments if fraud is suspected
• Terminate accounts engaged in referral fraud
• Revoke referral rewards for refunded purchases

9.4 Program Modifications

We reserve the right to modify, suspend, or terminate the referral program at any time. Existing pending rewards will be honored according to the terms in effect when the referral was made.

10. Intellectual Property Rights

10.1 Our Content Ownership

All content on the Service, including but not limited to practice exams, questions, answers, explanations, video tutorials, graphics, logos, text, software, and design elements (collectively, "Our Content"), is owned by or licensed to us and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Our Content includes materials generated using artificial intelligence technology. While created by AI, the copyright and intellectual property rights to these materials are owned by CELPIP Simulator. Under current Canadian law, we assert authorship and ownership of AI-generated content created using our systems and processes.

10.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Our Content solely for your personal, non-commercial test preparation purposes.

10.3 Restrictions on Use

You may NOT:

• Copy, reproduce, distribute, or publicly display Our Content
• Modify, create derivative works from, or reverse engineer Our Content
• Screenshot, record, or capture exam questions or video content
• Share your account or exam access with others
• Sell, rent, lease, or sublicense access to the Service
• Use automated tools (bots, scrapers, etc.) to access or extract Our Content
• Remove or alter any copyright, trademark, or proprietary notices
• Use Our Content for commercial purposes or to create competing services

10.4 DMCA and Copyright Enforcement

Unauthorized reproduction or distribution of Our Content is prohibited and may result in:

• Immediate termination of your account
• DMCA takedown notices for publicly shared content
• Legal action for copyright infringement
• Claims for damages and attorney fees

10.5 User Content License

When you submit audio recordings, written responses, or other content through the Service ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and analyze your User Content solely for the purposes of providing the Service, including AI grading and feedback. We will not share your User Content publicly or use it for purposes unrelated to the Service without your consent.

12. Indemnification

You agree to indemnify, defend, and hold harmless CELPIP Simulator, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content or any content you submit through the Service
• Your fraudulent or illegal activities

13. Prohibited Uses

You agree NOT to use the Service for any of the following purposes:

• Violating any applicable laws or regulations
• Infringing upon intellectual property rights
• Transmitting malware, viruses, or harmful code
• Attempting to gain unauthorized access to our systems
• Harassing, threatening, or abusing other users or our staff
• Impersonating another person or entity
• Engaging in fraudulent activities
• Scraping, data mining, or automated data extraction
• Creating multiple accounts to circumvent limitations
• Sharing account credentials or selling access to your account
• Using the Service for commercial purposes without authorization
• Misrepresenting affiliation with us or the official CELPIP examination

14. Account Termination

14.1 Termination by You

You may request account deletion at any time using our self-service deletion feature in Settings > Account. Our deletion process includes a 30-day grace period to protect against accidental deletions. Upon permanent deletion, you will lose access to all features and data. No refunds will be provided for unused subscription time (except as provided in Section 8).

14.1.1 Account Deletion Process

To delete your account:

1. Cancel Active Subscriptions: You must first cancel any active paid subscriptions (Monthly Pass, active Intensive Pass, or active Lifetime Access) from Settings > Subscription. Accounts with active subscriptions cannot be deleted.
2. Request Deletion: Navigate to Settings > Account and click "Delete Account"
3. Provide Reason (Optional): You may optionally provide a reason for deletion (not required)
4. Confirm Request: Confirm your deletion request
5. Email Confirmation: You will receive an email confirmation with your scheduled deletion date (30 days from request)

14.1.2 Grace Period and Cancellation

After requesting deletion, your account enters a 30-day grace period:

• Your account status changes to "PENDING_DELETION"
• You retain full access to the Service during the grace period
• You can cancel the deletion request anytime by:
  • Signing in to your account (automatic cancellation prompt)
  • Navigating to Settings > Account and clicking "Cancel Deletion"
• If you cancel, you will receive an email confirmation and your account returns to normal status
• After 30 days, if not cancelled, deletion becomes permanent and irreversible

14.1.3 What Gets Deleted

When deletion becomes permanent (after 30 days):

• Immediately Deleted: Account credentials, authentication access
• Within 7 days: Audio recordings of speaking responses
• Within 30 days: Profile information (name, email, preferences), exam history, exam responses, user-generated content
• Retained for Legal Compliance:
  • Payment transaction records (7 years - Canada Revenue Agency requirements)
  • Stripe customer records (indefinite - financial compliance)
  • Anonymized analytics data (indefinite - cannot be linked back to you)

14.1.4 Account Deletion Restrictions

You cannot delete your account if:

• You have an active paid subscription (Monthly Pass, Intensive Pass, or Lifetime Access with ACTIVE status). You must cancel the subscription first from Settings > Subscription.
• You have pending referral payouts that have not been processed

After the 30-day grace period expires, deletion is permanent and cannot be reversed. We cannot restore your account, data, or purchase history after permanent deletion.

For more information about what data is retained and deleted, see our Privacy Policy Section 7.2.

14.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the referral program
• Payment disputes or chargebacks
• Prolonged inactivity
• Suspicious or harmful behavior

14.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 10, 11, 12, 16, and 17) will survive termination.

15. Modifications to Terms and Service

15.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or by posting a notice on our website at least 30 days before the changes take effect.

15.2 Acceptance of Changes

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

15.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including features, functionality, or availability, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

16. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your personal information as described in the Privacy Policy.

We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable Canadian privacy laws. For more information, please review our Privacy Policy.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

17.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for the resolution of any disputes arising out of or related to these Terms or the Service.

17.3 Informal Resolution

Before filing any legal action, you agree to first contact us at legal@celpipsimulator.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes in good faith.

17.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CELPIP Simulator regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

18.5 Language

These Terms are written in English. If these Terms are translated into another language, the English version shall prevail in case of any conflict or inconsistency.

18.6 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: