Terms and Conditions

1. Acceptance of Terms

By accessing or using the Flashycards application and any associated services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”), which form a legally binding agreement between you (“User” or “you”) and Flashycards Limited (“Company,” “we,” “our,” or “us”). If you do not agree to these Terms in their entirety, you are not authorised to access or use the Service and must cease all use immediately.

These Terms incorporate by reference the Company’s Privacy Policy, Community Guidelines, and any other policies or supplemental terms published by the Company on the Service (collectively, the “Policies”). In the event of any conflict between these Terms and any Policy, these Terms shall prevail to the extent of the inconsistency.

The Company reserves the right, at its sole discretion, to amend these Terms at any time. Notice of material modifications shall be provided by posting the revised Terms within the Service, together with an updated “Effective Date.” Your continued access to or use of the Service following the posting of any modifications shall constitute your binding acceptance of such revised Terms. It is your responsibility to review these Terms periodically for changes.

2. Eligibility

The Service is intended for individuals aged thirteen (13) years or older, or such higher minimum age as may be required by the laws of your jurisdiction. Persons who have not attained the applicable minimum age in their jurisdiction are strictly prohibited from accessing or using the Service. Where required by applicable law, use of the Service by minors is subject to the verifiable consent of a parent or legal guardian, who shall be deemed to have agreed to these Terms on the minor’s behalf.

By accessing or using the Service, you represent and warrant that: (a) you have attained the applicable minimum age required by the laws of your jurisdiction to enter into this agreement; (b) all information provided by you during registration or at any other time is truthful, accurate, current, and complete; (c) you shall maintain and promptly update such information to ensure it remains truthful, accurate, current, and complete; and (d) your access to and use of the Service does not and shall not violate any applicable law, rule, regulation, or ordinance.

3. Account Registration and Security

Access to certain features of the Service may require you to register for and maintain an active account. You are solely and fully responsible for safeguarding the confidentiality of your account credentials, including your username and password, and for any and all activities that occur under your account, whether or not authorised by you. You agree to notify the Company immediately upon becoming aware of any unauthorised access to or use of your account or any other breach of security.

The Company shall not be liable for any loss or damage arising from your failure to comply with the foregoing obligations. The Company reserves the right, in its sole discretion, to suspend, deactivate, or permanently terminate your account at any time, with or without notice or cause, including but not limited to any conduct that the Company determines violates these Terms or the Policies, is harmful to the Service, other users, or any third party, or for any other reason the Company deems appropriate.

4. User Content

The Service may permit you to submit or otherwise make available flashcard sets, study materials, text, images, and other content (“User Content”). You retain all ownership rights in and to your User Content. However, by making any User Content available through the Service, you hereby grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable licence to use, copy, reproduce, process, adapt, modify, display, distribute, and otherwise exploit such User Content solely in connection with the operation, maintenance, improvement, and promotion of the Service.

You are solely responsible for all User Content that you make available through the Service and represent and warrant that: (a) you own or have obtained all necessary rights, licences, consents, and permissions to use and authorise the Company to use such User Content as contemplated herein; (b) your User Content does not and shall not infringe, misappropriate, or violate any intellectual property rights, proprietary rights, rights of publicity or privacy, or any other rights of any third party; (c) your User Content does not contain any material that is unlawful, threatening, abusive, harassing, defamatory, libellous, obscene, or otherwise objectionable; (d) your User Content does not contain any viruses, worms, trojan horses, malware, or other harmful or destructive code; and (e) your User Content does not violate any applicable law, rule, or regulation.

The Company reserves the right, but assumes no obligation, to monitor, review, or remove any User Content, in whole or in part, at any time and for any reason, without prior notice to you and in the Company’s sole discretion.

5. Community Guidelines

Your use of the Service is subject to the Company’s Community Guidelines, which are incorporated herein by reference and available within the Service. The Community Guidelines establish standards of conduct for all users and set forth additional rules regarding acceptable and prohibited behaviour on the Service.

The Company reserves the right to amend the Community Guidelines at any time, in its sole discretion. Violations of the Community Guidelines may result in the removal of User Content, suspension or termination of your account, or such other remedial action as the Company deems appropriate. It is your responsibility to review the Community Guidelines periodically and to ensure that your use of the Service remains in compliance therewith.

6. Subscriptions and Payment Terms

The Company may offer optional paid subscription plans (“Subscriptions”) that provide access to enhanced features, additional functionality, or premium content within the Service. Subscriptions may be purchased either by: (a) paying a recurring subscription fee; or (b) making a one-time pre-payment granting access for a specified period of time (“Pre-Paid Period”). The scope, features, and pricing of each Subscription plan shall be as described within the Service at the time of purchase.

Pre-Paid Subscriptions shall automatically terminate at the end of the Pre-Paid Period without further obligation by either party. Recurring Subscriptions shall automatically renew for successive periods of the same duration at the then-current subscription rate, unless you cancel your Subscription at least twenty-four (24) hours prior to the expiration of the current billing period. Cancellation may be effected through your account settings within the Service. Upon cancellation, your Subscription shall not renew on the next auto-renewal date; however, you shall continue to have access to Subscription features until the end of the then-current billing period, after which your account shall automatically revert to the free tier.

Except as required by applicable law, all Subscription fees are non-refundable, and no refunds or credits shall be issued for partial billing periods, downgrades, or unused portions of a Subscription. No refunds shall be provided in the event that Subscription pricing is reduced or the Company offers subsequent promotional pricing or modifies the content or features of the Service. Subscriptions purchased through third-party platforms, including but not limited to the Apple App Store or Google Play Store, are subject to the refund policies of those respective platforms. The Company is not responsible for the policies or practices of such third-party platforms.

The Company reserves the right to modify Subscription pricing at any time upon reasonable notice to you. Any price changes shall become effective at the commencement of the next billing period following the date on which notice of such change was provided. Your continued use of the Subscription after the price change takes effect constitutes your acceptance of the new pricing.

The Company may cancel your Subscription at any time, with or without notice or cause. In the event of such cancellation by the Company, the Company shall be under no obligation to provide a refund of any amounts previously paid.

7. Premium and Third-Party Content

The Service may from time to time make available content provided by third-party publishers, educators, or other content providers (“Premium Content”). Access to Premium Content may be granted by: (a) purchasing a content-specific subscription or licence directly within the Service (“Content Subscription”); or (b) entering a publisher-provided access code (“Access Code”).

Access to Premium Content purchased as part of a Content Subscription is subject to the terms and conditions set forth during the purchase process, and you are bound by the restrictions included therein. Access to Premium Content through use of a publisher-provided Access Code is subject to the terms and conditions set forth by the applicable publisher.

Once you have purchased a Content Subscription or redeemed an Access Code, you shall be granted a limited, non-exclusive, non-transferable, revocable licence to access and use the applicable Premium Content for the designated period of time and in accordance with any applicable restrictions. Premium Content is provided “as is,” and the Company makes no representations or warranties regarding the accuracy, completeness, or quality of any Premium Content. The Company is not responsible for any claims, disputes, or liabilities arising from your use of Premium Content or your interactions with third-party content providers.

8. Intellectual Property Rights

The Service and all content, features, functionality, software, code, designs, text, graphics, logos, trademarks, service marks, trade names, and other intellectual property contained therein (collectively, “Company IP”) are and shall remain the exclusive property of the Company and its licensors, and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. These Terms do not convey to you any right, title, or interest in or to the Company IP, except for the limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Company IP without the prior express written consent of the Company.

9. Copyright Infringement and Takedown Procedures

The Company respects the intellectual property rights of others and expects all users of the Service to do the same. It is the Company’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers of third-party copyrights.

If you believe that any content on the Service infringes your copyright or other intellectual property rights, you may submit a notification of claimed infringement to the Company’s designated agent in accordance with the United States Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the European Union Digital Services Act, or the equivalent provisions of any other applicable law. Such notification must contain the following: (a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material on the Service; (d) your contact information, including your address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury (where applicable), that you are authorised to act on behalf of the copyright owner.

All copyright infringement notices shall be directed to the Company’s designated copyright agent at: [email protected]. Upon receipt of a valid notification, the Company shall take such action as it deems appropriate, which may include the removal of or the disabling of access to the allegedly infringing material.

If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a written counter-notification to the Company’s designated copyright agent containing: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled; (c) a statement under penalty of perjury (where applicable) that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the courts in your applicable jurisdiction and that you will accept service of process from the person who provided the original infringement notification.

10. Third-Party Links and Content

The Service may contain links to third-party websites, applications, resources, or services (“Third-Party Services”) that are not owned or controlled by the Company. The Company has not reviewed, and cannot review, all content made available through Third-Party Services, and is not responsible for the content or practices of any Third-Party Services.

Inclusion of any link to a Third-Party Service does not imply the Company’s endorsement, sponsorship, or recommendation of such Third-Party Service or any association with its operators. Your access to and use of any Third-Party Service is solely at your own risk and is subject to the terms, conditions, and privacy policies of such Third-Party Service. The Company shall have no liability whatsoever arising from or related to your use of any Third-Party Service.

11. Prohibited Conduct

In connection with your access to and use of the Service, you agree that you shall not, and shall not permit or encourage any third party to: (a) use the Service for any purpose that is unlawful, fraudulent, or prohibited by these Terms or the Community Guidelines; (b) attempt to gain unauthorised access to the Service, any related systems or networks, or any other user accounts; (c) interfere with, disrupt, damage, or impair the integrity, security, or proper functioning of the Service or any servers, networks, or infrastructure connected thereto; (d) use any automated means to access the Service without the Company’s prior written consent; (e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (f) use the Service to facilitate, promote, or engage in academic dishonesty, cheating, or any other form of intellectual fraud; or (g) engage in any conduct that, in the Company’s sole judgement, restricts or inhibits any other user from using or enjoying the Service.

12. Privacy

Your privacy is important to the Company. The Company’s collection, use, storage, sharing, and protection of your personal information is governed by the Company’s Privacy Policy, which is available within the Service and is incorporated into these Terms by reference. By accessing or using the Service, you acknowledge that you have read and understood the Privacy Policy and consent to the practices described therein.

The Company processes personal data in compliance with applicable data protection laws. For further information regarding your rights under applicable data protection law, please refer to the Privacy Policy.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED POUNDS STERLING (£100). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, obligations, losses, damages, judgements, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your access to or use of the Service; (b) your User Content; (c) your violation or alleged violation of these Terms or the Policies; (d) your violation of any applicable law, rule, regulation, or the rights of any third party; or (e) any dispute between you and any third party arising in connection with the Service. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with the Company in the defence of any such claim.

16. Termination

You may discontinue your use of the Service at any time by ceasing all access to the Service and, if applicable, by deleting your account. The Company may, in its sole discretion, terminate or suspend your access to all or any part of the Service at any time, with or without notice or cause, including but not limited to a breach of these Terms or the Policies.

Upon any termination of these Terms or your access to the Service: (a) all rights and licences granted to you hereunder shall immediately cease; (b) you shall immediately cease all use of the Service; and (c) the Company may, in its sole discretion, delete your account and any associated User Content without any obligation to provide further access thereto. Any provisions of these Terms that by their nature should survive termination shall so survive, including but not limited to Sections 4, 8, 9, 12, 13, 14, 15, and 17.

17. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, the Community Guidelines, and any other Policies published by the Company on the Service, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

20. Contact Information

All notices, requests, demands, and other communications under these Terms shall be directed to the Company at the following address: [email protected]. All copyright-related enquiries shall be directed to: [email protected]. The Company shall endeavour to respond to all enquiries within a reasonable timeframe.