Terms of Service

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase an Access Pass. If you are under the age of majority, you may use the Services only with the consent and supervision of a parent or legal guardian, who shall be responsible for your use of the Services.

You agree to provide accurate, complete, and current information when registering for an account and to keep such information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must notify us immediately at contact@mockgarden.com if you suspect any unauthorized access to or use of your account.

MockGarden provides educational technology services designed to assist users in preparing for the TOEFL examination, including but not limited to:

1. AI-generated TOEFL mock tests, available as full tests, section-based tests, or task-type-based tests;
2. AI-assisted grading, feedback, comments, and performance evaluation;
3. TOEFL Reading, Writing, Speaking, and Listening practice materials;
4. text-based learning hubs discussing TOEFL sections, preparation strategies, and test-taking methods;
5. daily practice exercises and flashcards for fundamental skills; and
6. paid Access Pass access to premium Mock Test features.

Daily practice and flashcards may be offered free of charge, subject to change at our discretion. Starting AI-generated Mock Tests and related premium features requires an active paid Access Pass.

MockGarden is an educational preparation tool. The Services are not affiliated with, endorsed by, sponsored by, or approved by ETS, TOEFL, or any official TOEFL examination provider unless expressly stated in writing.

All scores, grades, comments, evaluations, and recommendations generated through the Services are provided for educational and practice purposes only. They are not official TOEFL scores and do not guarantee any particular examination outcome, admission result, visa result, academic result, or professional result.

The Services use artificial intelligence and automated systems to generate practice tests, evaluate responses, provide comments, and produce learning recommendations.

You acknowledge and agree that AI-generated content may contain errors, inaccuracies, omissions, inconsistencies, or outputs that do not reflect official TOEFL scoring standards. While we aim to provide useful and high-quality educational support, we do not warrant that any AI-generated test, answer key, score, comment, recommendation, or explanation will be accurate, complete, reliable, uninterrupted, or suitable for your specific needs.

You are responsible for independently reviewing and verifying any outputs before relying on them.

MockGarden offers non-renewing paid Access Passes, including:

1. Sprint: 30 days for USD 29, or such other price as displayed at Checkout;
2. Focus: 90 days for USD 59, or such other price as displayed at Checkout; and
3. Horizon: 180 days for USD 99, or such other price as displayed at Checkout.

The applicable fixed access period, features, limitations, currency, taxes, and payment terms will be displayed at or before Checkout. Access Passes do not renew automatically.

We reserve the right to modify Access Pass options, features, prices, fixed access periods, free features, or access limits at any time. Any material changes apply in accordance with applicable law and the terms displayed at the time of purchase.

By purchasing an Access Pass, you authorize us and/or our third-party payment processor to charge your selected payment method once for all applicable fees, taxes, and other charges associated with that Access Pass.

You represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete.

We do not store full payment card details unless expressly stated. Payment processing may be handled by third-party payment providers subject to their own terms and privacy policies.

Access Passes are one-time purchases and do not renew automatically. Access begins when payment is confirmed and lasts for the fixed number of days shown at Checkout.

You cannot extend an active Access Pass early or purchase an overlapping Access Pass. After access expires, or after a successful one-time 7-day refund guarantee request ends it, you may purchase another Access Pass.

Failure to use the Services during an Access Pass period does not create a refund right beyond the one-time 7-day refund guarantee or rights required by applicable law.

The first successful Access Pass payment on your account includes a one-time 7-day refund guarantee. A request must be made within 168 hours of payment confirmation while Refund Usage remains below 100 points. Later Access Pass purchases do not create another guarantee.

An eligible one-time 7-day refund guarantee request refunds the complete first-payment amount and ends your active Access Pass for future Mock Test starts. Because only one Access Pass may be active at a time, the refund is never prorated against overlapping purchases. Mock Tests already started, Test Results, and history remain available.

We may also provide Billing Corrections or remedies required by applicable law. Billing Corrections do not recreate the guarantee or restore ended Access Pass access.

Our Refund Policy explains eligibility, Refund Usage, how to request a refund, and related billing matters in detail. The Refund Policy is incorporated into these Terms by reference.

MockGarden may provide free access to certain features, such as daily practice and flashcards. We may modify, suspend, limit, or discontinue any free feature at any time without liability.

Free features may be subject to usage limits, account restrictions, availability restrictions, and content limitations.

You agree not to:

1. use the Services for any unlawful, fraudulent, misleading, harmful, or abusive purpose;
2. copy, reproduce, scrape, crawl, extract, redistribute, sell, sublicense, or commercially exploit the Services or any content without written permission;
3. attempt to reverse engineer, interfere with, disrupt, or compromise the security or operation of the Services;
4. upload viruses, malware, or harmful code;
5. use automated systems, bots, scripts, or other non-human access methods without authorization;
6. impersonate any person or entity;
7. share, sell, lease, or transfer your account credentials;
8. use the Services to generate or distribute offensive, defamatory, discriminatory, infringing, unlawful, or harmful content;
9. use the Services to violate academic integrity rules, examination rules, institutional policies, or applicable laws; or
10. use the Services in a manner that places unreasonable load on our systems.

We reserve the right to suspend or terminate access if we reasonably believe that you have violated these Terms.

"User Content" means any text, answers, essays, speaking responses, audio recordings, prompts, messages, files, comments, feedback, or other materials submitted, uploaded, entered, or transmitted by you through the Services.

You retain ownership of your User Content. By submitting User Content, you grant Athena AI a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, analyze, display, transmit, adapt, and use such User Content solely for the purposes of operating, providing, maintaining, securing, improving, and developing the Services, including generating feedback, grading responses, and improving educational functionality.

You represent and warrant that you have all rights necessary to submit your User Content and that your User Content does not infringe, misappropriate, or violate the rights of any third party or any applicable law.

Subject to your compliance with these Terms and payment of applicable fees, you may use AI-generated outputs provided to you through the Services for your personal, non-commercial study and TOEFL preparation purposes.

You acknowledge that similar or identical outputs may be generated for other users and that AI-generated outputs may not be unique. We do not guarantee exclusivity in any AI-generated content.

The Services, including software, website design, application interface, databases, trademarks, logos, service names, test-generation systems, educational content, flashcards, prompts, grading logic, learning materials, and all related intellectual property, are owned by or licensed to Athena AI and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, create derivative works from, or exploit any part of the Services without our prior written consent.

TOEFL and related marks are owned by their respective owners. MockGarden is not affiliated with or endorsed by ETS or any official TOEFL examination provider unless expressly stated.

Any references to TOEFL are made solely for descriptive educational purposes.

We aim to provide reliable access to the Services, but we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.

We may suspend, modify, restrict, or discontinue all or part of the Services for maintenance, security, legal, operational, technical, commercial, or other reasons.

The Services may integrate with or rely on third-party services, including payment processors, cloud hosting providers, analytics providers, communication providers, AI infrastructure providers, and other technology vendors.

We are not responsible for third-party services, websites, content, policies, practices, interruptions, or errors. Your use of third-party services may be subject to separate terms and privacy policies.

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal data. By using the Services, you acknowledge our Privacy Policy.

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Athena AI disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and educational outcome.

We do not warrant that:

1. the Services will meet your expectations or requirements;
2. the Services will improve your TOEFL score;
3. AI-generated grading will match official TOEFL grading;
4. any feedback will be error-free or complete;
5. access will be uninterrupted or secure; or
6. defects will be corrected.

To the maximum extent permitted by applicable law, Athena AI, its directors, officers, employees, contractors, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or loss-based damages, including loss of profits, loss of data, loss of goodwill, loss of business opportunity, examination failure, academic loss, or reliance-based loss, arising out of or relating to your use of or inability to use the Services.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of:

1. the total amount paid by you to Athena AI in the three months preceding the event giving rise to the claim; or
2. USD 100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless Athena AI, its directors, officers, employees, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

1. your use or misuse of the Services;
2. your violation of these Terms;
3. your User Content;
4. your violation of any law or third-party right; or
5. your breach of any representation or warranty.

We may suspend, restrict, or terminate your account or access to the Services at any time if we reasonably believe that:

1. you have violated these Terms;
2. your account is being used fraudulently, unlawfully, or abusively;
3. your use creates risk to us, other users, or third parties;
4. payment is overdue, reversed, declined, or disputed; or
5. suspension or termination is necessary for legal, security, operational, or regulatory reasons.

Upon termination, your right to access the Services will cease immediately. Sections intended to survive termination shall continue to apply, including intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution provisions.

We may update these Terms from time to time. The updated version will be posted on our website or made available through the Services with a revised "Last Updated" date.

Where required by applicable law or where changes are material, we may provide additional notice. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those Terms.

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles.

Subject to applicable law, the courts of Hong Kong shall have exclusive jurisdiction over any dispute, claim, action, or proceeding arising out of or relating to these Terms or the Services.

Before commencing formal proceedings, you agree to first contact us at contact@mockgarden.com and attempt to resolve the dispute in good faith.

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate these Terms or any rights or obligations under them in connection with a merger, acquisition, restructuring, sale of assets, change of control, or operation of law.

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with the Privacy Policy and any incorporated policies or additional terms, constitute the entire agreement between you and Athena AI concerning the Services and supersede all prior or contemporaneous agreements, communications, and understandings.

For questions about these Terms, please contact: