Terms of Use
Last updated: 17 August 2026
These Terms govern your use of Listening, no kidding(the “Services”). They form a binding contract between you and Vito Schiuma. By creating an account or using the Services, you accept them and the Privacy Policy.
The three things most worth knowing
- Paid plans renew automatically until you cancel (section 6).
- As an EU consumer you have 14 days to withdraw from a purchase — and section 7 explains how starting immediately affects that.
- You are responsible for having the rights to any audio you import (section 9).
1. Who we are
Vito Schiuma
Trading as Listening, no kidding
Strada Giovinazzo-Terlizzi
70038 – Terlizzi (BA)
Italy
VAT (Partita IVA): TODO — Partita IVA
Business register (REA): TODO — REA / Registro Imprese
2. What the Services do
Listening, no kidding helps English teachers build CEFR-graded listening lessons. It generates multi-speaker audio and comprehension activities with AI, turns podcast episodes and your own recordings into lessons, and runs live classroom sessions that students join with a code.
Lesson content is generated by AI and can be wrong. You are the teacher: review what the system produces before you put it in front of a class. See How we use AI.
3. Eligibility and accounts
You must be at least 18 and able to enter a contract. Give accurate registration details, keep your password to yourself, and tell us promptly if you suspect someone else is using your account. You are responsible for activity under it.
Students who join a live session do not create an account and are not asked for a real name. The teacher running the session is responsible for having a lawful basis to run it with their students — see section 5 of the Privacy Policy.
4. Plans, credits and fair use
We offer a free plan and paid plans. Each plan carries a monthly allowance of credits, which meter the AI generation you consume; different actions cost different amounts, and generating audio costs more than generating text. Current prices, allowances and feature limits are on the pricing page, which forms part of these Terms.
- Allowances reset at the start of each billing period and do not roll over.
- When an allowance is exhausted, metered features stop until the period resets or you upgrade. Lessons you already made stay available.
- We may adjust what a credit costs if our providers change their prices. We will give at least 30 days’ notice, and you may cancel before the change takes effect.
- Automated, bulk or resale use, or use that degrades the service for others, is not covered by any plan and may be rate-limited or suspended.
5. Prices and payment
Prices are shown in euro. Consumer prices include VAT where it applies; any tax is shown before you confirm. Payment is handled by Stripe — we never receive or store your card number. You warrant that you may use the payment method you provide.
If a payment fails we may retry it and, after notice, suspend paid features until it clears.
6. Renewal and cancellation
Subscriptions renew automaticallyat the end of each period — monthly or annually, as chosen at checkout — at the then-current price, until cancelled.
- Cancel any time from the billing portal in your account. Cancellation takes effect at the end of the paid period; you keep access until then.
- We give at least 30 days’ notice by email before any price increase applies to your renewal.
- After a subscription ends, your account reverts to the free plan. Lessons you created remain, but features the free plan excludes stop working.
7. Right of withdrawal (EU consumers)
If you are a consumer in the EU, you have 14 days from the day the contract is concluded to withdraw from it without giving a reason, under Directive 2011/83/EU as implemented in Italy by the Codice del Consumo (D.lgs. 206/2005).
How to withdraw
Tell us by an unambiguous statement — email to support@listeningnokidding.com is enough. You may use the model withdrawal form, but you do not have to. Sending the notice before the 14 days are up is sufficient. We refund within 14 days of receiving it, by the same payment method you used.
If you asked us to start immediately
At checkout you can ask for access to begin at once, before the withdrawal period ends. If you do, and you then withdraw, you owe an amount proportionate to what you used before withdrawing. If you asked us to start immediately and expressly acknowledged that you lose the right of withdrawal once the service has been fully supplied, that acknowledgement applies, as Article 16(m) of the Directive allows.
If you prefer to keep the right intact, do not request immediate access — your subscription will begin when the 14 days have passed.
Outside the withdrawal period
Beyond the 14 days we do not generally refund part-used periods, but if the Services are materially defective you keep your statutory remedies, which these Terms do not limit. Write to us; we would rather fix it than argue about it.
8. Your content
You keep ownership of the lessons, recordings and classroom material you create (“User Content”). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit and process it — including sending it to the AI providers listed on the sub-processors page — solely to operate the Services for you. The licence ends when you delete the content, apart from backups already made, which expire on their normal cycle.
We do not use your User Content to train AI models, and our providers’ paid API terms say the same about theirs. If you choose to publish a lesson to the public library, you grant other users a licence to use it for teaching.
9. Rights in audio and video you import
You must own or be licensed to use any audio or video you bring into the platform.
By importing content, you represent that:
- you own it, it is licensed for your use, or your use falls within a statutory exception such as the EU teaching exception (Article 5(3)(a) of Directive 2001/29/EC and its national implementations);
- you are not importing commercial films, broadcasts or music recordings without permission;
- when you build a lesson from a podcast, you have checked that your use is permitted by the publisher’s terms or an applicable exception.
We do not verify the rights status of what you import. Where the platform processes audio, it does so transiently to produce a transcript, and the temporary files are deleted once transcription finishes.
If you believe content on the platform infringes your rights, write to support@listeningnokidding.com identifying the work and the lesson. We remove infringing material and terminate repeat infringers.
10. Acceptable use
You agree not to use the Services to:
- break the law or infringe anyone’s rights;
- generate content that harasses, defames or discriminates, or that is sexual material involving minors or unlawful in the country where it will be used;
- put special-category personal data — health, religion, ethnicity, or assessments of identifiable students — into AI prompts;
- scrape, reverse-engineer, or circumvent rate limits, credit metering or security controls;
- resell or sublicense access without our written agreement.
We may suspend or terminate an account for a material breach. Where we can, we warn first and give you a chance to fix it; for serious or unlawful breaches we may act immediately. You can appeal any decision by writing to us, and we will give you a reasoned reply.
11. Availability
We aim to keep the Services running but do not guarantee uninterrupted availability. Maintenance, provider outages and events outside our control can interrupt them. Features marked beta are still in testing. Where a paid feature is unavailable for a prolonged period through our fault, contact us for a pro-rata credit.
12. Liability
Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited — including your mandatory rights as a consumer under Italian and EU law.
Subject to that, we are not liable for indirect or consequential loss, lost profits, or lost data where you could reasonably have kept your own copy; and our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim, or €50.
Because the Services generate content automatically, we are not responsible for the accuracy of AI output. Reviewing it before classroom use is your responsibility as the teacher.
13. Indemnity (business users only)
If you use the Services for business purposes, you agree to indemnify us against claims arising from your breach of these Terms or from content you imported without the necessary rights. This section does not apply to consumers.
14. Changes to these Terms
We may amend these Terms. For material changes we give at least 30 days’ notice by email or in-app before they take effect, and if you do not accept them you may cancel before that date without penalty. Changes required by law may take effect sooner.
15. Governing law and disputes
These Terms are governed by Italian law. If you are a consumer, you keep the protection of any mandatory rules of the country where you live, and you may bring proceedings in the courts of that country. For business users, the courts of Bari, Italy have exclusive jurisdiction.
Please write to us first — most disputes end there. Consumers may also use a certified alternative dispute resolution body; we will point you to a competent one on request. (The European Commission’s online dispute resolution platform closed in July 2025 and is no longer available.)
16. General
If a provision is found unenforceable, the rest stands. Our not enforcing a term is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to a successor of the business, without reducing your rights. These Terms, the Privacy Policy, the Cookie Policy and the pricing page are the whole agreement between us.