Agreeing to these terms
These terms of use (the "Terms") govern your access to and use of the CelpMock website, its mock tests, practice exercises, marking, feedback and every related feature (together, the "Service"). In these Terms, "we", "us" and "our" mean FlowerEh Inc, the operator of the Service, based in Ontario, Canada. "You" means the person who makes an account, buys a pass or otherwise uses the Service.
You accept these Terms by making an account, by buying a pass, or by using the Service. We record the version of the Terms that was in force when you made your account. The version in force at the time of a purchase governs that purchase. If you do not agree to these Terms, do not use the Service.
The refund policy and the privacy policy form part of these Terms.
Independent, with no affiliation
CelpMock is an independent study tool for people preparing for the CELPIP test. We are not affiliated with, endorsed by, approved by, or acting for the organisation that owns and runs the CELPIP test, any test centre, Immigration, Refugees and Citizenship Canada, or any other government body.
"CELPIP" and related names are trademarks of their owners and are used on the Service only to describe what the Service prepares you for. Our questions, passages, recordings and tasks are written for CelpMock. They are not real test questions, and they are not taken from any real test.
Who can use CelpMock, and your account
You must be at least 14 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf. If you use the Service for an organisation, you confirm that you have the authority to bind it to these Terms.
- An account is for one person. Do not share it, sell it, transfer it, or let someone else take tests or practise on it.
- One person may have one account. Do not make further accounts to take the free sample test again or to get around a limit.
- Give a real email address that you control, keep your details correct, and keep your password to yourself.
- You are responsible for everything done on your account until you tell us in writing that someone else has used it.
We may suspend or restrict an account that we reasonably believe is shared, compromised, made with false details, or used against these Terms.
What the Service includes
- A free account gives you one free sample test and the daily challenge.
- A pass gives you full mock tests in the format of the CELPIP test, practice by part, and marking of your Writing and Speaking answers, for the number of days you bought.
- Results, levels, feedback, a record of your progress, badges and an optional weekly board.
Features, content, limits, prices, the passes on offer and the companies whose technology we use may change over time. We do not promise that any feature will stay available or stay as it is today. A change does not shorten a pass you have already paid for.
Passes and payment
- A pass is one payment for 7, 30 or 90 days of full access. It does not renew, and you are never charged again unless you buy another pass.
- What you are buying, its length and its price are shown before you pay.
- Prices are in Canadian dollars. Taxes that apply, such as GST/HST, are added at checkout.
- Payment is taken by Stripe. We do not see or keep your card number.
- A pass starts when your payment is confirmed. If you buy a pass while another one is running, the new days are added after the days you have left.
- A pass ends by itself at the end of its days, and your account becomes a free account again. Days you did not use are not refunded or carried over, and a pass cannot be paused.
- A pass belongs to the account that bought it. It cannot be moved to another account or exchanged for money.
We may refuse or cancel a purchase, or take back access, where that is needed to prevent fraud, to deal with a failed, reversed or disputed payment, to comply with the law, or to look into misuse.
If you dispute a payment with your bank without writing to us first, we may suspend the account while the dispute is open. Please write to support@celpmock.com first; most problems are settled the same day.
Fair use
A pass is meant for one person preparing for a test. To keep the Service working for everyone and to stop automated misuse, daily limits apply: with a pass you can start up to 5 full mock tests a day, and a reasonable daily limit applies to the marking of practice answers. A person preparing for a test will not normally reach these limits. A limit that is reached opens again the next day. We may change these limits; a change applies from then on.
Refunds and the 30 free days
When you can have your money back, and when we add 30 free days, is set out in the refund policy, which is part of these Terms. By buying a pass you accept the refund policy as it stands on the day you pay. Subject to the rights the law gives you, the refund and the 30 free days described there are your only remedy if you are unhappy with the Service, with a level or feedback it gave, with its value to you, or with your result on the real test.
Levels, AI marking and feedback
- Listening and Reading levels are estimated from your right answers, on a conversion that we set ourselves.
- Writing and Speaking are marked by automated AI systems, on the four categories the test uses. No person reads or listens to your answers as part of normal marking. A different marker, human or software, could give a different level.
- Speaking answers are turned into text by software before they are marked. Software can mishear, and what it heard is what gets marked.
- The overall level is the average of your four levels. The real test gives no overall score. It is for your own guidance only.
AI output can be wrong, incomplete or inconsistent, and marking can be delayed or fail. Read feedback with your own judgment before relying on it. Decisions about when to book the real test, and anything that depends on its result, are yours alone.
What you write and record
Your answers and recordings stay yours. You give us a non-exclusive, worldwide, royalty-free licence to store, copy, transmit, process and display them, and to pass them to the companies that work for us, so that we can run the Service: mark them, show you the result, and keep your history. You also let us use them in a form that does not identify you, alone or combined with other people's, to check and improve our marking and the Service. How long we keep them is in the privacy policy.
You are responsible for what you write and say. Do not put sensitive personal information, government identity numbers, card numbers, another person's private information, or anything unlawful, abusive or infringing into an answer or a recording. Record only your own voice.
What you may not do
You agree not to:
- use the Service in a way that breaks any law;
- share or resell your account or your access, make more than one account, or help anyone get around a pass, a free-account limit, a daily limit or a security control;
- copy, record, photograph, download, republish, post, sell or share our questions, passages, recordings, images, sample answers, score charts or feedback, in whole or in part, anywhere, without our written permission;
- collect our content with a program (scraping), or use bots, scripts or any automated tool to use the Service;
- use our content, our marking or our feedback to build, train, test or improve any software, AI model or product, or anything that competes with us;
- have software, or another person, write or speak your answers in order to obtain marking or feedback in bulk;
- test the Service for weaknesses, get into accounts, systems or data that are not yours, introduce harmful code, or disturb the Service for others;
- submit content that is unlawful, abusive, hateful, deceptive or that infringes someone else’s rights;
- present a CelpMock level as an official score, or use CelpMock’s name or content in a way that suggests we endorse you.
Our content and intellectual property
The Service and everything in it, including its software, design, name, logo, questions, passages, recordings, images, sample answers, score charts, feedback and reports, belongs to us or to those who license it to us, and is protected by copyright, trademark and other laws. We give you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Service for your own, non-commercial test preparation, under these Terms. No other right is given.
You accept that unauthorised copying, scraping, sharing or publishing of our content harms us in a way that is hard to measure. As a genuine estimate of that harm made in advance, and not as a penalty, you agree to pay us CAD $5,000 for each question, passage, recording or feedback record copied, scraped, shared or published against these Terms. This is in addition to any other remedy the law gives us, including a court order to stop you.
If you send us ideas or suggestions about the Service, we may use them freely, without payment or obligation to you.
Other companies’ services
We use other companies to run parts of the Service, including:
- Stripe: checkout, payment, tax calculation, refunds and fraud screening;
- Anthropic: AI marking of Writing and Speaking answers;
- Groq: turning Speaking recordings into text;
- Google: signing in with a Google account, if you choose it;
- Resend: sending our emails;
- PostHog: usage statistics, recordings of how our pages are used, and error reports;
- MongoDB (Atlas): our database;
- Vercel: hosting the site and storing files, including recordings.
Your use of those services, where you deal with them directly, can also be subject to their own terms. We are not responsible for systems we do not control, for links to other websites, or for what those websites contain. What each company receives is described in the privacy policy.
Suspension, closing an account, and changes to the Service
We may suspend, limit or close your account, with or without notice, if you break these Terms, misuse the Service, create a risk for other people or for us, or if we must do so for a legal, technical or security reason. If we close an account for breaking these Terms, the pass on it ends and is not refunded, and the results and history on it may be removed.
You may stop using the Service at any time, and you may ask us to close your account by writing to support@celpmock.com. Closing an account does not by itself give a refund; the refund policy applies.
We may change, suspend or end all or part of the Service at any time. If we end the Service for good while you hold a pass, we refund the share of the price that matches the days you had left; that is all we owe you in that case.
No warranties
The Service is provided "as is" and "as available". To the fullest extent the law allows, we give no warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.
In particular, we do not promise: any result on the real test; any immigration, citizenship, study or employment outcome; that our levels match the levels the real CELPIP test would give; that AI marking or feedback is correct; that every question, passage, recording or answer key is free of mistakes; that our content matches the real test's current format; that the Service will be available at any given time; or that your answers, recordings and results will never be lost.
You need your own device, a working microphone, a current browser and an internet connection. A test or an answer that is lost or cut short because of your equipment, your browser or your connection is not our responsibility.
Limit of our liability
To the fullest extent the law allows, we, our owners, directors, employees, contractors and suppliers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, income, opportunity, goodwill or data, or for the cost of a test fee, a retake, travel, a missed deadline, or a delayed or refused application, arising out of or connected with the Service or these Terms, whether the claim is in contract, in tort (including negligence) or on any other ground, and even if we were told such a loss was possible.
If we are found liable despite the paragraph above, our total liability for all claims arising out of or connected with the Service or these Terms is limited to the greater of (a) the amount you paid us in the twelve months before the event that gave rise to the claim and (b) CAD $50.
These limits do not apply to liability for fraud or wilful misconduct, or to any liability that the law does not allow us to limit. Some provinces and countries do not allow certain warranties to be excluded or certain liability to be limited for consumers; where that is so, the exclusions and limits above apply to you only as far as that law allows. Residents of Quebec have the rights set out in articles 1474 and 1475 of the Civil Code of Québec.
Your responsibility to us
You agree to indemnify, defend and hold harmless FlowerEh Inc and its owners, directors, employees, contractors, licensors and successors against any claim, loss, liability, damage, fine, cost or expense, including reasonable legal fees, arising out of or connected with (a) what you write, record or otherwise submit, (b) your breach of these Terms or of any law, (c) your misuse of the Service, or (d) your violation of another person's rights. This does not apply to a claim caused by our own fraud or wilful misconduct.
Disputes, arbitration and class actions
Talk to us first. Before starting any claim, you and we agree to try to settle the matter informally for at least 60 days after one of us sends the other a written description of it. Send yours to support@celpmock.com.
Arbitration. Except as set out below, and as far as the law allows, any dispute arising out of or relating to these Terms, the refund policy, the privacy policy or the Service will be finally settled by binding arbitration before a single arbitrator, administered by the ADR Institute of Canada under its Arbitration Rules then in force. The seat of the arbitration is Toronto, Ontario, and it is held in English.
No class actions. As far as the law allows, you and we may bring claims against each other only as individuals, and not as a plaintiff or a member of a class in any class, collective or representative proceeding.
Where the law protects consumers. The arbitration and class-action paragraphs above do not apply to you to the extent that the consumer protection law of the place where you live forbids them, including Ontario's Consumer Protection Act, 2002 and Quebec's Consumer Protection Act. In that case you may bring your claim before the courts.
Exceptions. Either of us may go to a court for an order to protect intellectual property, confidentiality or security, and for a claim within the limit of a small claims court. Nothing here stops you from complaining to a regulator or a consumer protection authority.
Time limit. As far as the law allows, a claim must be started within one year after the event that gave rise to it.
The law that applies
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to rules on conflict of laws. Subject to the section on disputes above, the courts of Ontario have exclusive jurisdiction, and you and we submit to them. This choice does not take away the protection of any rule of the place where you live that the law does not allow a contract to set aside.
General
Whole agreement. These Terms, the refund policy, the privacy policy and what is shown at checkout are the whole agreement between you and us about the Service, and replace anything said or written before.
If part of it fails. If a court or arbitrator finds any part of these Terms invalid or unenforceable, that part applies as far as it lawfully can, and the rest stays in force.
No waiver. If we do not enforce a right at one time, we have not given it up.
Transfer. You may not transfer these Terms or your account to anyone. We may transfer these Terms without restriction, for example if the Service is sold, merged or reorganised.
Events outside our control. We are not liable for a failure or delay caused by something beyond our reasonable control, such as a natural disaster, an epidemic, war, civil unrest, a government act, a power or network failure, an attack on our systems, or an outage at a company whose service we depend on.
Language. These Terms are written in English, and you agree that they and all related documents and notices be in English. Les parties ont exigé que les présentes soient rédigées en anglais.
Notices. We may send you notices by email to the address on your account, or by a message on the Service. You send notices to us at support@celpmock.com.
What continues. The sections on what you write and record, our content and intellectual property, no warranties, the limit of our liability, your responsibility to us, disputes, the law that applies, and this section continue to apply after your account is closed or these Terms end.
Changes and contact
We may change these Terms. When we do, we publish the new version on this page and change the date at the top. If a change matters, we tell you by email or on the Service before it applies. If you keep using the Service after the new version applies, you accept it. A purchase stays under the version that was in force when you paid.
Questions about these Terms: write to support@celpmock.com.