Terms of Service
Last Updated: December 1, 2024
1. Acceptance of Terms
By accessing or using the Anki card generation service (the "Service"), including any associated websites, APIs, applications, or content, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and the Service provider ("we," "us," or "our").
2. Definitions
- "Service" refers to our Anki card generation platform, including all features, functionalities, and content
"User," "you," or "your" refers to any individual or entity using the Service
"Content" includes text, images, flashcards, and any other materials generated or uploaded through the Service
"Generated Content" refers to flashcards and associated materials created using our AI technology
"Subscription" refers to paid access to premium features of the Service3. Service Description and License
3.1 Service License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
Access and use the Service for personal or internal business use
Generate and store flashcards within the specified limits of your subscription tier
Download and use generated content within the Anki ecosystem3.2 Restrictions
You may not:
Sublicense, sell, or lease any part of the Service
Reverse engineer or decompile the Service
Create derivative works based on the Service
Use the Service for any illegal or unauthorized purpose
Attempt to gain unauthorized access to any portion of the Service
Use the Service to store or transmit malicious code
Interfere with or disrupt the integrity of the Service4. Account Terms
4.1 Registration Requirements
You must be at least 18 years old, or at least 13 years old with parental consent
You must provide accurate, current, and complete information
You must maintain and update your information as needed
You may not use false or misleading information
You may not create accounts through automated means4.2 Account Security
You are responsible for maintaining password confidentiality
You must notify us immediately of any security breach
You are responsible for all activities under your account
We reserve the right to suspend accounts for security reasons
Multi-factor authentication may be required for certain features4.3 Account Restrictions
One account per individual
No sharing of accounts between multiple users
No transfer of accounts without our express permission
No impersonation of others
No creation of accounts for banned users5. Subscription Plans and Billing
5.1 Free Plan
Limited to 100 cards
Basic features as described in current pricing
No warranty of continued availability
Subject to usage restrictions
May be modified or discontinued at any time5.2 Paid Subscriptions
Pro Plan: $8.99/month or $89.99/year
Expert Plan: $19.99/month or $199.99/year
Features as described in current pricing documentation
Subject to change with notice
Auto-renewal unless cancelled5.3 Billing Terms
All fees in USD unless otherwise specified
Billed in advance on a recurring basis
No refunds for partial use periods
Taxes will be added where applicable
Failed payments may result in service suspension
Price changes effective upon renewal with notice
Payment information must be kept current5.4 Cancellation
Cancel at any time through account settings
No refunds for unused periods
Access continues until end of billing period
Data retention subject to our data retention policy
Cancellation may result in data deletion6. Intellectual Property Rights
6.1 Our Intellectual Property
All Service aspects protected by intellectual property laws
Including but not limited to software, design, logos, content
No implied licenses granted
All rights reserved unless explicitly granted6.2 User Content
You retain rights to your original content
Grant us worldwide, non-exclusive license to use content
Right to modify content for service operation
Right to display content for marketing purposes
Must have rights to content you upload6.3 Generated Content
AI-generated content subject to special terms
No guarantee of uniqueness or originality
May contain third-party intellectual property
Use at your own risk
Must comply with all applicable laws7. Data Protection and Privacy
7.1 Data Collection
Collection as described in Privacy Policy
Usage data collected for service improvement
Technical data collected for operation
Content data stored for functionality
Analytics data collected for optimization7.2 Data Security
Industry standard security measures
No guarantee of absolute security
Regular security assessments
Prompt breach notifications
Employee access controls7.3 Data Processing
GDPR compliance where applicable
Data processing agreements available
Sub-processors may be used
Data transfer safeguards
Right to audit upon request8. Acceptable Use Policy
8.1 Prohibited Content
No illegal content
No harmful content
No discriminatory content
No adult or explicit content
No copyrighted material without rights8.2 Prohibited Activities
No automated access without permission
No denial of service attacks
No network monitoring
No interference with service
No circumvention of limitations8.3 Content Monitoring
Right to monitor all content
Right to remove prohibited content
No obligation to pre-screen
Cooperation with law enforcement
User reporting mechanisms9. Affiliate Program
9.1 Participation Terms
Written approval required
Compliance with FTC guidelines
Accurate representation required
No spam or misleading promotion
Subject to separate affiliate agreement9.2 Commission Terms
Payment schedules as specified
Minimum payout thresholds
Commission rates subject to change
Fraud monitoring and prevention
Right to withhold suspicious payments10. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
SERVICE PROVIDED "AS IS" AND "AS AVAILABLE"
NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
NO WARRANTY OF MERCHANTABILITY OR FITNESS
NO WARRANTY OF ACCURACY OR COMPLETENESS
NO WARRANTY OF UNINTERRUPTED SERVICE
NO WARRANTY AGAINST INTERFERENCE OR ERRORS
NO WARRANTY OF COMPATIBILITY
ALL IMPLIED WARRANTIES DISCLAIMED11. Limitation of Liability
11.1 Liability Caps
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NOT LIABLE FOR INDIRECT DAMAGES
NOT LIABLE FOR CONSEQUENTIAL DAMAGES
NOT LIABLE FOR LOST PROFITS
NOT LIABLE FOR DATA LOSS
TOTAL LIABILITY LIMITED TO FEES PAID
NO LIABILITY FOR FREE TIER USAGE
NO LIABILITY FOR THIRD-PARTY ACTIONS11.2 Exclusions
Liability limitations may not apply to:
- Willful misconduct
- Gross negligence
- Statutory violations
- Personal injury
- Death12. Indemnification
You agree to indemnify, defend, and hold harmless us and our:
Officers
Directors
Employees
Agents
Licensors
Suppliers
From all claims, damages, and expenses arising from:
Your use of the Service
Your content
Your violations of these Terms
Your violations of rights
Your violations of laws13. Force Majeure
Not liable for failure or delay due to:
Natural disasters
War or terrorism
Government actions
Network failures
Power failures
Labor disputes
Other circumstances beyond reasonable control14. Dispute Resolution
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms.
The application of conflict of law principles is excluded.
14.2 Arbitration
Binding arbitration required
Individual basis only
No class actions
Arbitration location specified
Arbitration rules specified14.3 Small Claims
Right to bring individual action
Small claims court permitted
Local jurisdiction applies15. Modifications to Service
We reserve the right to:
Modify or discontinue features
Change or remove content
Alter technical specifications
Update security measures
Modify pricing
Change service providers
With or without notice16. General Provisions
16.1 Entire Agreement
Supersedes prior agreements
Includes all referenced policies
No other representations
Electronic form binding16.2 Severability
Invalid provisions severable
Remaining provisions enforceable
Court modification permitted
Essential purpose preserved16.3 Assignment
We may assign rights
You may not assign rights
Merger or acquisition permitted
Notice of assignment16.4 Waiver
No implied waivers
Written waiver required
Single instance only
Rights preserved16.5 Notices
Electronic notices binding
Email notices sufficient
Effective upon sending
Address updates required17. Contact Information
Legal notices to:
Elevate Medical Education Ltd
Stepney Way, London E1 2DP
18. Survival
The following sections survive termination:
Intellectual Property Rights
Payment Obligations
Warranty Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution
Confidentiality Obligations