General Terms and Conditions

Last updated: January 1, 2025

1. Introduction

These General Terms and Conditions of Use (hereinafter referred to as the “GTC”) govern access to and use of the website FlowExam.com and the associated online training platform (hereinafter referred to as the “Service”), intended for preparation for the TOEIC® test.

By accessing our Service, you unconditionally accept all of these Terms. If you do not accept these terms, please do not use our platform.

2. Definitions

“Service”: The FlowExam platform, the website, the mobile application, and all related services offered.
“User”: Any natural or legal person who accesses or uses the Service.
“Content”: All texts, images, videos, audios, questions, tests, and educational materials provided by FlowExam.
“Account”: The personal account created by a User to access the Service.
“Subscription”: Paid access to the Service according to the defined pricing structure.
“Data Controller”: SAS Elite Education, a simplified joint-stock company registered in France.

3. Conditions for Accessing the Service

3.1 Eligibility

You must be at least 15 years old to use the Service.
If you are under 15, you must obtain consent from your legal representative (parent or guardian).
You guarantee that all information provided during registration is accurate, complete, and up to date.

3.2 Account Creation

To access the Service, you must create an account with a valid email address.
You are responsible for the confidentiality of your login credentials.
Limit of 2 devices per account: you may log in on a maximum of 2 devices simultaneously. Beyond this, an error notification will appear, and no additional logins will be permitted.
You are solely responsible for any activity performed under your account.

3.3 Authentication

Authentication can be done via:
- Email and password
- Google Account
- Other authentication providers
You are responsible for maintaining the confidentiality of your credentials.
You agree to immediately notify FlowExam of any unauthorized access to your account.

4. Offers and Pricing

4.1 Subscription Offers

FlowExam offers several commercial plans:

Objective +700 Offer: Limited access to basic features.
Objective +900 Offer: Full access to all features.

Each offer includes in particular:

Access to the question bank (Listening & Reading)

4.2 Prices and Payment Terms

Prices shown are in Euros and include applicable taxes.
Prices are subject to change at any time, with prior notification.
Payment is made via secure providers: Stripe, PayPlug, or another approved payment solution.
Payment information is processed securely and in compliance with PCI-DSS standards.
No bank card data is stored on our servers.

4.3 Recurring Subscriptions

Monthly or annual subscriptions renew automatically.
You may cancel your subscription at any time.

4.4 Invoicing

Invoices are sent by email to the address associated with your account.
You can access your payment history in your personal area.
Invoices are retained in accordance with accounting obligations (10 years in France).

4.5 Access Duration — One-time Payment Offers

The one-time payment plans grant limited access for 12 months from the date of purchase.
There is no automatic renewal for these one-time payment offers.

5. Cancellation and Refund

5.1 Subscription Cancellation

You can cancel your subscription at any time by sending a simple email to antoine@flowexam.com.
Cancellation takes effect at the end of the month corresponding to the last payment made.
Any month started remains fully due, even if cancellation occurs before the end of the month.

5.2 Right of Withdrawal

In accordance with French law and the European consumer protection directive:

You have a period of 14 calendar days from the date of purchase to exercise your right of withdrawal, where this right is applicable.
This period only applies to one-shot purchases (single payment) and the first subscription period for recurring offers, provided you have not requested immediate access to the digital content.
To exercise this right, contact us at antoine@flowexam.com with the subject line “Withdrawal.”
Where applicable, a full refund will be processed within 14 days following the confirmation of withdrawal.

Waiver of the Right of Withdrawal for Digital Content:

In accordance with Article L221-28 of the Consumer Code, the user acknowledges that the simple act of immediately requesting access to digital content automatically and legally results in the waiver of their right of withdrawal.

This waiver is collected by default upon payment.

By validating their purchase, the user agrees to begin immediate service provision and waives their basic right of withdrawal, in accordance with applicable legislation.

5.3 Refund

No pro-rata refund is granted for cancellations during a billing period.
Refunds are processed via the same payment method used at the time of purchase.
Processing time: 5 to 10 business days.

6. Liability and Warranty Limitations

6.1 Service “As Is”

The Service is provided “as is” and “subject to availability.” FlowExam does not guarantee:

That the Service will be error-free or uninterrupted.
That the Service will meet your expectations or educational goals.
That the results obtained on the platform predict your performance on the official TOEIC® test.

6.2 Availability and Maintenance

FlowExam strives to maintain maximum availability of the Service.
Interruptions for maintenance may occur without prior notice.
FlowExam shall not be liable for damages resulting from service interruptions.

6.3 Limitation of Liability

FlowExam cannot be held liable for direct or indirect damages (data loss, loss of revenue, moral prejudice, etc.) resulting from the use or inability to use the Service.
Maximum liability: In no event shall FlowExam’s total liability exceed the amount paid by the User in the last 12 months.

6.4 Absence of Professional Advice

The Service is for informational and educational purposes only.
FlowExam does not provide professional, legal, or financial advice.
Estimated results are projections based on statistical data and do not constitute a guarantee.

7. Intellectual Property

7.1 FlowExam Content

All content (questions, videos, articles, flashcards, explanations) is the exclusive property of FlowExam or its partners.
You are authorized to use this content only for your personal, non-commercial use.
Express Prohibition:
- To reproduce, duplicate, copy, or sell the content.
- To modify or adapt the content without authorization.
- To share the content with third parties or distribute it publicly.
- To create derivative works based on our content.

7.2 TOEIC® Trademark

TOEIC® is a registered trademark of ETS (Educational Testing Service).
FlowExam is neither affiliated with nor sponsored by ETS.
FlowExam is not an official TOEIC® testing organization.
All tests and materials offered are simulations for educational purposes only.

7.3 Your Content

If you create content on the platform (custom flashcards, notes), you retain ownership.
By using the platform, you grant FlowExam a non-exclusive license to use the content to improve the Service.

8. Acceptable Use

8.1 General Prohibitions

You agree not to:

Use the Service for illegal or unauthorized purposes.
Share your account or credentials with third parties.
Attempt to circumvent security or protection measures of the Service.
Access unauthorized data or content.
Use the Service for scraping, hacking, or cyberattacks.
Create multiple accounts to bypass Service limitations.
Distribute or sell access to the platform to third parties.

8.2 2-Device Limit

You can only log in on a maximum of 2 devices simultaneously.
An attempt to log in on a 3rd device generates an error.
This restriction applies even if the connections are not simultaneous.

8.3 Copy/Paste and Printing Blocked

Text extraction via copy/paste is disabled to protect the content.
Printing web pages (Ctrl+P or menu) is blocked.
Content is protected against unauthorized copying.

8.4 Parental Control and Minors

Parents/guardians are responsible for the use of the Service by minors.
FlowExam may limit or suspend access in case of GTC violation.

9. Penalties for Violation

9.1 Account Suspension

In the event of a serious violation of the GTC, FlowExam reserves the right to:

Temporarily suspend account access.
Permanently terminate the account without refund.
Report violations to the competent authorities if necessary.

9.2 Content Abuse

Unauthorized sharing of content = immediate suspension.
Attempt to circumvent security measures = permanent suspension.
Harassment or abusive behavior = reporting to authorities.

10. Personal Data and Privacy

10.1 Data Collection

FlowExam collects the following data:

Identification information (name, email, phone number).
Payment data (processed via secure providers).
Usage data (test results, progress, time spent).
Approximate location data (IP address).

10.2 Data Usage

Data is used to:

Provide and improve the Service.
Send transactional and follow-up emails.
Analyze usage statistics.
Comply with legal and accounting obligations.

10.3 GDPR Compliance

FlowExam complies with Regulation (EU) 2016/679 (GDPR).
You have the rights of access, rectification, erasure, and data portability.
To exercise your rights, contact antoine@flowexam.com.
See our Privacy Policy for more details.

10.4 Cookies

FlowExam uses cookies for the proper functioning of the Service.
Explicit consent is requested for non-essential cookies.
You can manage your cookie preferences at any time.

11. Notifications and Communications

11.1 Transactional Emails

FlowExam sends you emails for:

Payment confirmations and invoices.
Progress notifications and reminders.
Security or maintenance alerts.
Account information.

11.2 Marketing Emails

You can unsubscribe from marketing emails at any time.
An unsubscribe link is included in every marketing email.

11.3 In-App Notifications

Notifications may appear within the platform to inform you of updates or offers.

12. Affiliate Program

12.1 Access Conditions

The affiliate program is open to all users.
You must accept the affiliate terms before generating a link.
Commissions are paid starting from a threshold of €100 (changeable).

12.2 Commission Rate

Non-paying visitors: 10% commission by default.
Paying users: 40% commission by default.
Rates are configurable in the administration interface.

12.3 Prohibitions for Affiliates

Prohibition on using paid advertising (Google Ads, Facebook Ads, etc.) to promote your link.
Prohibition on presenting yourself as an official representative of FlowExam.
You must always indicate that you are an independent affiliate.
Non-compliance = suspension from the affiliate program.

12.4 Commission Payment

Commissions are paid monthly once the threshold is reached.
Payment by bank transfer (IBAN/RIB).
Processing time: 5 to 10 business days after request.

13. Legal Guarantees

13.1 Conformity Guarantee

The Service conforms to the description provided on the landing page.
We guarantee the quality and accessibility of the Service.

13.2 Security Guarantee

FlowExam commits to protecting your data via HTTPS/TLS encryption.
We perform regular security audits.
In the event of a data breach, we will notify you in accordance with the law.

13.3 Availability Guarantee

We strive to maintain 99% availability of the Service.
Maintenance interruptions will be announced in advance if possible.

14. GTC Modifications

14.1 Right to Modify

FlowExam reserves the right to modify these GTC at any time.
Substantial changes will be notified by email or banner on the site.
A period of 30 days will be granted before the modifications take effect.

14.2 Acceptance of Modifications

By continuing to use the Service after modifications, you accept the new terms.
If you do not accept, you may cancel your subscription without penalty.

15. Final Provisions

15.1 Entire Agreement

These GTC constitute the entire agreement between you and FlowExam regarding the use of the Service.

15.2 Severability

If any provision is deemed invalid or unenforceable, the remaining provisions remain in force.

15.3 Applicable Law

These GTC are governed by French law.
Any dispute will be submitted to the jurisdiction of the French courts.

15.4 Language

The French version of these GTC shall prevail.
Translations into other languages are provided for informational purposes only.

16. Data Controller

SAS Elite Education

Simplified Joint-Stock Company

Registered with the Trade and Companies Register (RCS) of France

SIRET No.: 953 987 609

Share Capital: €100

Postal Address:

59, rue de Ponthieu, Bureau 326, 75008 Paris

Contact:

📧 Email: antoine@flowexam.com

🌐 Website: flowexam.com

Publication Director:

Antoine Jeanneau

Host:

Ionos

17. Contact Us

For any questions, complaints, or requests concerning these General Terms:

📧 Email: antoine@flowexam.com

🌐 Website: flowexam.com

📱 Contact Form: available on the platform (section “A problem?”)

18. Mandatory Legal Information

18.1 TOEIC® Compliance

⚠️ Important Notice:

FlowExam.com is neither affiliated with nor sponsored by ETS (Educational Testing Service), the official organization that creates and administers the TOEIC test.
TOEIC® is a registered trademark of ETS.
FlowExam.com has no official link with ETS.
The tests and materials offered are simulations for educational purposes only and are not official tests.

18.2 Legal Compliance

These GTC comply with French law and European Directive 2011/83/EU on consumer rights.
FlowExam complies with GDPR and applicable data protection laws.

Last updated: January 1, 2025