LanguageStat Terms of Service

Last Updated: May 18, 2026

Using LanguageStat’s services indicates agreement with these Terms of Service. You, as a representative of the customer, accept and acknowledge receipt of these Terms of Service from LanguageStat.com (“LanguageStat”). You also agree to be bound by the terms and conditions herein, including all limitations of liability. Furthermore, you represent that you are either: (1) an unaffiliated user accessing these services and entering into this Agreement as an individual only; or (2) a person authorized by the organization you represent to enter into agreements of this nature. With such in mind, the individual and/or organization represented here, together with all of its subsidiaries, affiliates, and authorized users, where applicable, will be referred to collectively as “Customer.” These Terms of Service will apply to language and interpreting proficiency evaluations, assessments, reports, related materials, and related services provided by LanguageStat to Customer.

For purposes of these Terms of Service, “Candidate” means any individual who participates in, accesses, completes, or is the subject of a LanguageStat assessment, including any test-taker, applicant, employee, contractor, student, or other individual submitted by or on behalf of Customer.

Terms of Agreement

This Agreement shall become effective upon acceptance of the digital Terms of Service, indicated by checking the “I accept” box on the web form during enrollment or assessment access, or by otherwise using LanguageStat’s services. During the term of the Agreement, LanguageStat shall make reasonable efforts to provide results to Customer at such time and date as the parties agree, with the standard turnaround time being five (5) business days, unless otherwise agreed in writing.

Use of Service

Customer represents that assessments, reports, results, and related materials will be used for Customer’s own internal purposes and not for resale, redistribution, publication, or external commercial use unless otherwise agreed upon in writing by LanguageStat.

The following uses of results, assessments, reports, prompts, recordings, transcripts, scoring materials, and other presented materials are prohibited: (1) the transmission or use of any message, content, or other material that constitutes an infringement of any copyright, trademark, trade secret, or other intellectual property right; (2) any unauthorized disclosure of LanguageStat’s confidential information, assessment content, scoring methodology, rubrics, prompts, or trade secrets; (3) the transfer of information or technology abroad in violation of any applicable export law or regulation; or (4) any use that violates an applicable statute, regulation, contractual obligation, or government requirement.

Customer will defend, indemnify, and hold harmless LanguageStat and its directors, officers, employees, affiliates, agents, contractors, evaluators, and other representatives from and against any and all liabilities, claims, damages, costs, expenses, including reasonable attorney’s fees, actions, proceedings, suits, and arbitrations resulting from or arising out of any use of test results, assessment materials, reports, candidate data, or related materials in any manner prohibited by this Agreement or applicable law.

Candidate Data, Privacy, Recording, and Consent

In connection with LanguageStat’s language and interpreting proficiency evaluation services, LanguageStat may collect, receive, process, store, and transmit personal information relating to Candidates, Customer personnel, and other individuals as necessary to provide the services. This information may include, without limitation, Candidate names, contact information, assessment registration details, spoken or written responses, audio recordings, video recordings where applicable, transcripts, evaluator notes, test scores, proficiency ratings, test reports, technical metadata, and related administrative records.

By using the services, Customer represents and warrants that it has provided all legally required notices and obtained all legally required consents, permissions, or authorizations from Candidates and other individuals whose personal information is submitted to or processed by LanguageStat. Where a Candidate personally accesses LanguageStat’s services, the Candidate acknowledges and consents to the collection, recording, processing, storage, and use of their assessment-related information for the purpose of administering the assessment, verifying identity where applicable, evaluating language and/or interpreting proficiency, generating reports, supporting quality assurance, maintaining records, preventing fraud or misuse, and improving LanguageStat’s assessment services as described in this Agreement.

Recordings and Assessment Materials

Candidate responses may be recorded, transcribed, reviewed, scored, and retained by LanguageStat for assessment, quality assurance, audit, security, training, calibration, research, and service-improvement purposes. Assessment materials, prompts, scoring methods, rubrics, recordings, transcripts, reports, and related data are confidential and may not be copied, distributed, published, disclosed, or used outside the authorized assessment process except as expressly permitted by LanguageStat in writing.

Data Use and De-Identified Information

LanguageStat may use assessment-related data to provide services to Customer, generate reports, maintain records, respond to support requests, verify service integrity, improve assessment quality, calibrate scoring procedures, train evaluators, develop or improve assessment products, conduct internal research, and comply with legal, contractual, regulatory, or security obligations.

LanguageStat may also use anonymized, aggregated, or de-identified Candidate responses and assessment data for calibration, development, analytics, research, training, evaluator training, quality assurance, and service-improvement purposes, provided that such information does not reasonably identify the Candidate or Customer.

Confidentiality and Security

Customer will not disclose any of the content, methodology, prompts, scoring procedures, rubrics, assessment materials, reports, recordings, transcripts, or details of assessments developed and provided by LanguageStat without prior written authorization.

LanguageStat shall use commercially reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, disclosure, alteration, or destruction. Access to Candidate data is limited to personnel, evaluators, contractors, service providers, and authorized representatives who have a legitimate business need to access such information for the provision, support, administration, or improvement of LanguageStat’s services.

Privacy of Communication

In providing results and related services, LanguageStat shall make commercially reasonable efforts to protect the privacy of Customer’s communications. Under applicable law, LanguageStat may be obligated to reveal communications or records that evidence or constitute criminal activity or that are subject to valid legal process. Under no circumstances will LanguageStat use its communication platforms to conduct marketing via text messages/SMS.

Data Retention and Deletion

LanguageStat may retain assessment-related information for as long as reasonably necessary to provide the services, maintain business and assessment records, support quality assurance, resolve disputes, comply with legal or contractual obligations, prevent fraud or misuse, and improve assessment services.

Upon Customer’s written request, and subject to applicable legal, contractual, archival, audit, security, and backup-retention requirements, LanguageStat may delete or return Customer-provided personal information in accordance with LanguageStat’s then-current retention practices or any separate written agreement between the parties.

Third-Party Service Providers and Sub-Processors

Customer acknowledges that LanguageStat may use third-party service providers, contractors, cloud-hosting providers, communication platforms, payment processors, data-storage providers, assessment-support providers, and other vendors as reasonably necessary to provide and support the services. LanguageStat remains responsible for using commercially reasonable efforts to ensure that such providers process personal information only for authorized purposes and subject to appropriate confidentiality and security obligations.

International Processing

Customer acknowledges that LanguageStat and its service providers may process, store, or access information in the United States and other jurisdictions where LanguageStat or its service providers operate. Where required by applicable law, the parties shall cooperate in good faith to implement appropriate data-transfer terms, safeguards, or agreements.

Privacy Requests and Legal Compliance

Customer is responsible for responding to Candidates’ or other individuals’ privacy-related requests unless otherwise required by law or agreed in writing. LanguageStat will provide reasonable assistance to Customer, upon written request, in connection with privacy, access, correction, deletion, or similar requests relating to personal information processed by LanguageStat on Customer’s behalf, to the extent reasonably practicable and legally required.

Data Incidents

LanguageStat will use commercially reasonable efforts to notify Customer without undue delay after confirming a security incident involving unauthorized access to or disclosure of Customer-provided personal information, where such notification is required by applicable law or written agreement. LanguageStat will reasonably cooperate with Customer in investigating and responding to such incidents.

Limited Warranty

LanguageStat warrants to Customer that assessments will be developed, prepared, and evaluated by qualified personnel in a professional manner. The limited warranty set forth in this Agreement is in lieu of all other warranties of LanguageStat with respect to the assessments, reports, results, and related services. LanguageStat disclaims all other warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or suitability for any particular employment, credentialing, contracting, regulatory, or business decision.

Limitation of Liability

Customer acknowledges and agrees that LanguageStat’s liability to Customer, whether in contract, tort, warranty, negligence, strict liability, or otherwise, will not exceed the amount paid by Customer to LanguageStat for the specific services giving rise to the claim. Under no circumstances will LanguageStat be liable to Customer for any incidental, special, indirect, punitive, exemplary, or consequential damages, including but not limited to lost profits, lost business opportunities, employment decisions, credentialing decisions, hiring decisions, reputational harm, or business interruption. The price charged for the assessments is a consideration in limiting LanguageStat’s liability. No action, regardless of form, arising out of this Agreement may be brought by Customer more than one (1) year after the cause of action has occurred.

Intellectual Rights

Unless otherwise stated in writing, LanguageStat retains all intellectual property rights and ownership interests associated with its testing products, assessment materials, prompts, scoring methods, rubrics, reports, methodologies, software, workflows, and related materials. Customer and Candidates are granted only the limited right to use assessment results and reports for the authorized purposes agreed by the parties. Sale, resale, publication, copying, redistribution, or unauthorized use of LanguageStat assessment materials or reports is prohibited unless expressly authorized in writing by LanguageStat. LanguageStat may use anonymized, aggregated, or de-identified Candidate responses and assessment data for calibration, development, analytics, evaluator training, research, quality assurance, and service improvement, provided that such information does not reasonably identify the Candidate or Customer.

Force Majeure

Neither LanguageStat nor its affiliates shall be liable in any way for any loss, damage, delay, or failure of performance resulting directly or indirectly from any cause that is beyond LanguageStat’s reasonable control, including but not limited to fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water damage, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure materials, products, transportation facilities, fuel or energy, failures or acts or omissions of communication carriers, internet service providers, cloud-service providers, software providers, or any other cause beyond LanguageStat’s reasonable control, whether or not similar to the foregoing.

Notices

All notices required or permitted to be given to the other party under this Agreement shall be given in writing and either (1) digitally delivered, or (2) addressed and deposited in the United States mail, postage prepaid. Notice shall be deemed given if receipt is acknowledged for a digitally transmitted instrument, upon confirmed physical delivery, or five (5) days after mailing if mailed by USPS, whichever is earlier.

Charges, Invoices, and Payments

Customer agrees to pay all charges for assessments in advance, in the absence of a written billing agreement signed by authorized representatives of both LanguageStat and Customer. LanguageStat is under no obligation to offer such agreements to any individual or organization. In the event that services paid for are not delivered, LanguageStat reserves the right to partially refund services in accordance with its cancellation policy, and/or to issue the refund, in part or in its entirety, in the form of credit for future services. Otherwise, all purchases should be considered non-refundable.

Supplement, Modification, or Waiver

Other than as specifically authorized by the terms of this Agreement, any supplement, modification, or waiver of any provision of this Agreement shall be in writing and signed by authorized representatives of both parties.

Waiver and Failure to Exercise Rights

The waiver by either party of any breach of this Agreement shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either party to exercise any rights under this Agreement in a particular instance shall not operate as a waiver of the party’s right to exercise the same or different rights in other instances.

Changes to Terms

LanguageStat may update these Terms of Service at any time and will post any updates on its website. Customer must agree to the Terms of Service as they are in effect at the time of each new assessment request, and prior versions of the Terms of Service will not apply to services requested following the publication of a newer version, unless otherwise agreed in writing.

Survival of Obligations

The obligations of the parties under this Agreement that by their nature would continue beyond the termination or cancellation of this Agreement shall survive such termination or cancellation, including but not limited to obligations relating to confidentiality, intellectual property, payment, limitation of liability, indemnification, data retention, dispute resolution, and restrictions on use.

No Third-Party Beneficiaries

Neither this Agreement nor the provision of assessment services shall be construed to create any duty or obligation on the part of LanguageStat to any third parties. This Agreement does not provide any third party with any right, privilege, remedy, claim, or cause of action against LanguageStat or its affiliates.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, if such provision is an essential element of the Agreement, the parties shall promptly negotiate a replacement.

Remedies and Choice of Law

Except as otherwise provided in this Agreement, the parties will have any and all rights and remedies available to them under the laws of the State of Georgia and/or the state listed in the billing address provided by Customer. Should Customer provide a billing address outside the fifty (50) states of the United States, including a foreign address or a non-state U.S. territory, then only the laws of the State of Georgia will apply unless otherwise previously agreed in writing. All rights and remedies will be cumulative and may be exercised singularly or concurrently. The construction, interpretation, and performance of this Agreement shall be governed by the domestic laws of the State of Georgia, without regard to its conflict-of-law principles.

Binding Arbitration

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, such dispute, controversy, or claim shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. The venue for any arbitration shall be Portland, Oregon, unless otherwise agreed by the parties in writing.

Attorney’s Fees

In the event of arbitration, litigation, or any other proceeding arising out of or in any way related to any term set forth in this Agreement, including without limitation any proceeding brought under the United States Bankruptcy Code, the prevailing party will be entitled to recover from the losing party, in addition to any other relief awarded, its reasonable attorney’s fees, costs, and expenses incurred at arbitration, at trial, on appeal, and on petition for review.

Venue

Unless otherwise agreed to by the parties in writing, any controversy or claim arising out of or relating to this Agreement, including without limitation the making, performance, or interpretation of this Agreement, will be litigated in courts located in Portland, Oregon. Customer consents and submits to the jurisdiction of any local, state, or federal court located in Portland, Oregon, and waives any defense Customer may have as to improper venue or that any such court is an inconvenient forum.