Terms of Service

Effective Date: September 20, 2024

Welcome to SmartFlash! These Terms of Service (“Terms”) govern your access to and use of our mobile application, services, and products (collectively, the “Service”). By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Definitions

• Service: The SmartFlash mobile application and all related features, content, and services offered by SmartFlash.

• Content: Includes all materials within the SmartFlash app, such as AI-generated flashcards, text, graphics, and software, which are owned by SmartFlash or its licensors.

• Subscription: A paid access model offering additional features within the Service.

• Free Trial: A trial period offering limited-time access to premium features for new users.

2. Acceptance of Terms

By using the SmartFlash application (“App”), you agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply. You confirm that you are at least 13 years old (or older, as required by local laws) or have obtained parental consent to use the Service.

3. Changes to Terms

We may modify these Terms at any time. Significant changes will be communicated through an updated “Effective Date” at the top of these Terms. Your continued use of the Service after any modifications constitutes acceptance of the new Terms. If you do not agree to the changes, discontinue using the Service.

4. Description of the Service

SmartFlash provides users with access to AI-generated flashcards for educational purposes, with no requirement to create an account or log in. Users can access basic features for free, while additional features are available through a premium subscription.

5. Subscription and Payment

SmartFlash offers a premium subscription service with additional features.

• Billing: Subscriptions are billed on a recurring basis (weekly, monthly, or annually) depending on your chosen plan. Payments are charged to your iTunes or Google Play account at confirmation of purchase.

• Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Renewal charges will be applied within 24 hours before the end of the current period.

• Management and Cancellation: Manage and cancel your subscription through the App Store or Google Play settings. Cancelling will not provide a refund for previous charges, and partial refunds are not available.

• Refund Policy: Refunds are issued according to the policies of the app store from which you purchased the subscription (Apple App Store or Google Play Store). Please consult their respective policies for more information.

6. Free Trial

SmartFlash may offer a limited-time free trial to new users. The free trial period’s duration will be communicated during sign-up. After the trial period, unless canceled, the subscription fee will be automatically charged. Free trials are limited to one per user.

7. Content Ownership and Usage

All Content provided through SmartFlash, including AI-generated flashcards, graphics, and software, is protected by intellectual property laws and is owned by SmartFlash or its licensors.

• License: You are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal, educational purposes.

• Restrictions: You may not copy, reproduce, distribute, modify, or create derivative works of the Content without express permission from SmartFlash.

8. Data Collection and Privacy

We collect, use, and protect your data according to our Privacy Policy. By using the Service, you consent to the data practices outlined in our Privacy Policy, accessible at [Privacy Policy URL].

9. Prohibited Activities

By using the Service, you agree not to:

• Use the Service for any illegal, unauthorized, or commercial purposes.

• Reverse engineer, modify, or tamper with the App’s features.

• Use automated systems (e.g., bots) to collect data from the Service.

• Interfere with the Service’s operation or any security features.

10. Termination

SmartFlash reserves the right to suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or for any other reason. Upon termination, all rights granted to you under these Terms will cease immediately.

11. Disclaimer of Warranties

SmartFlash provides the Service “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee that:

• The Service will meet your specific requirements.

• The Service will be uninterrupted, secure, or error-free.

• The results obtained from using the Service will be accurate or reliable.

12. Limitation of Liability

To the fullest extent permitted by law, SmartFlash shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses resulting from:

• Your access to or use of the Service.

• Any conduct or content of any third party on the Service.

• Unauthorized access, use, or alteration of your content or data.

Our liability shall not exceed the amount paid by you to SmartFlash in the 12 months preceding the incident giving rise to liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.

14. Dispute Resolution

In the event of any disputes arising from or relating to these Terms or the Service, the parties agree to first attempt resolution through informal negotiations. If unsuccessful, disputes shall be resolved through binding arbitration in San Francisco, California, USA. Users may opt out of arbitration if required by local law.

15. Contact Us

For questions or concerns regarding these Terms, please contact us at:

• Email: h4633791@gmail.com

By using SmartFlash, you agree to these Terms of Service.