Terms of Service

1. Acceptance of Terms

By creating an account, downloading the app, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms form a legally binding agreement between you and Memicorn.

We may update these Terms from time to time. Your continued use of the Service after changes indicates acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old, or 16 in certain jurisdictions, to use Memicorn. By using the Service, you represent that you meet the minimum age requirement in your jurisdiction.

If you are under 18 years old, or under the age of majority in your jurisdiction, you must have your parent or guardian's permission and they must agree to these Terms on your behalf.

You represent that you have the legal capacity to enter into these Terms and are not barred from using the Service under applicable law.

3. Account Registration and Security

Some Service features require an account. You agree to provide accurate, current, and complete registration information and to keep it updated.

• Choose a strong, unique password if using email registration.
• Do not share account credentials with others.
• Do not create multiple accounts for fraudulent purposes.
• Maintain the confidentiality of account credentials.
• Immediately notify us of unauthorized account use.

You are responsible for all activities that occur under your account. We are not liable for loss or damage arising from your failure to protect account information.

4. Service Description

Memicorn is a language learning platform that provides:

• Digital flashcard creation and management tools.
• Spaced repetition learning algorithms.
• AI-powered content generation and enhancement.
• Import and export functionality for learning materials.
• Progress tracking and statistics.
• Community features for sharing public learning content where available.

We may modify, suspend, or discontinue any part of the Service at any time with or without notice. We are not liable for modifications, suspension, or discontinuance.

5. Software License Grant

Subject to your compliance with these Terms, Memicorn grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Memicorn app on compatible devices you own or control, solely for personal, non-commercial use.

The app and Service are licensed, not sold. Memicorn and its licensors retain all right, title, and interest in the app, Service, and associated intellectual property rights.

The app may contain open source components governed by their own licenses. If an open source license conflicts with these Terms for that component, the open source license controls.

You agree not to export, re-export, or transfer the app in violation of applicable export laws and regulations.

If you download the app from the Apple App Store, you acknowledge that these Terms are between you and Memicorn only, not Apple; Apple has no obligation to provide maintenance or support; and you must comply with applicable third-party terms.

6. User Content

"User Content" means content you create, upload, import, or share through the Service, including flashcards, categories, notes, and related learning materials.

You retain ownership of your User Content. By submitting User Content, you grant Memicorn a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform User Content in connection with operating and providing the Service.

• Public Content: If you make content public, other users may view, copy, and use it for personal learning. You may later switch content to private, but copies already made by other users may persist.
• Representations: You represent that you own or have necessary rights to your User Content, that it does not infringe third-party rights, and that it complies with these Terms and applicable law.
• Removal: We may remove User Content that violates these Terms or is otherwise objectionable, without prior notice and at our sole discretion.

7. Acceptable Use Policy

You agree not to use the Service to upload, share, distribute, or generate illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, infringing, discriminatory, hateful, violent, malware-related, or otherwise objectionable content.

• Do not upload content that contains personal information of others without consent.
• Do not impersonate any person or entity or misrepresent affiliation.
• Do not interfere with or disrupt the Service or servers.
• Do not attempt unauthorized access to any part of the Service.
• Do not use bots, scrapers, or other automated means without permission.
• Do not circumvent content filtering or security measures.
• Do not use the Service for commercial purposes without written consent.
• Do not violate applicable laws or regulations.

Violation of this Acceptable Use Policy may result in immediate account termination and legal action where appropriate.

8. Intellectual Property Rights

The Service, including original content, features, and functionality, is owned by Memicorn and protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

"Memicorn" and associated logos are trademarks of Memicorn. You may not use our trademarks without prior written permission.

If you provide feedback, suggestions, or ideas, you grant us the right to use that feedback without restriction or compensation.

If you believe your copyrighted work has been infringed, send a notice to info@memicorn.com identifying the copyrighted work, infringing material, your contact information, a good-faith statement, an accuracy statement under penalty of perjury, and your physical or electronic signature.

9. Third-Party Services

The Service integrates with third-party services including OpenAI for AI features, Google and Apple for authentication, Firebase for analytics and notifications, AWS for file storage, and Supabase for database hosting.

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party practices, websites, or content.

10. AI Services and Generated Content

The Service uses artificial intelligence to generate learning content. AI-generated content may contain errors or inaccuracies, should be verified where important, and is provided as-is without warranties.

• Do not input personal information of others into AI features without consent.
• Do not use AI features to generate harmful or illegal content.
• Comply with OpenAI usage policies where applicable.
• Content you generate using AI features is treated as User Content.
• AI features depend on third-party services and may be unavailable at times.

11. Payment and Subscriptions

We may offer free and paid services. Some features may require a subscription or one-time payment.

• Subscription billing occurs at the beginning of each subscription period.
• Subscriptions automatically renew unless cancelled.
• You may cancel at any time, effective at the end of the current period.
• Refunds are generally not provided for partial subscription periods except as required by law or at our discretion.
• We may change subscription prices with 30 days notice, effective for the next subscription period.
• Payments are processed by third-party payment providers.

12. Disclaimers

We do not warrant that the Service will be uninterrupted, secure, error-free, accurate, reliable, or meet your expectations.

Memicorn is an educational tool. We do not guarantee specific learning outcomes or language proficiency improvements. Results depend on individual effort and consistency.

The Service is not intended to diagnose, treat, cure, or prevent any medical condition, including learning disabilities. Consult appropriate professionals for medical or educational concerns.

13. Limitation of Liability

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Memicorn and its affiliates, officers, directors, employees, agents, licensors, and suppliers from claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising from your violation of these Terms, use of the Service, User Content, violation of another party's rights, or violation of applicable law.

15. Termination

You may terminate your account at any time through the account deletion feature in app settings or by contacting info@memicorn.com.

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms, violate the Acceptable Use Policy, engage in fraudulent or illegal activity, or create risk or legal exposure for us.

Upon termination, your right to use the Service ends immediately, we may delete your account and User Content, refunds are not required unless applicable law says otherwise, and surviving provisions remain in effect.

16. Modifications to Terms

We may modify these Terms at any time. For material changes, we will notify you by email or in-app notification where practical and provide at least 30 days notice before changes take effect. Continued use after changes indicates acceptance.

For non-material changes, we may update these Terms without notice, effective upon posting. If you disagree with changes, you may terminate your account.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Before filing a claim, you agree to try to resolve disputes informally by contacting info@memicorn.com. We will try to resolve disputes informally for 30 days after receipt of notice.

If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except you may assert claims in small claims court if eligible.

YOU AGREE THAT DISPUTES WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entire arbitration provision is null and void.

Nothing prevents either party from seeking injunctive relief for intellectual property violations in courts of competent jurisdiction.

18. General Provisions

• Entire Agreement: These Terms and our Privacy Policy form the entire agreement between you and Memicorn regarding the Service.
• Severability: If any provision is unenforceable, remaining provisions continue in effect.
• Waiver: Failure to enforce a right or provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign our rights without restriction.
• Force Majeure: We are not liable for failure or delay due to circumstances beyond our reasonable control.
• Export Controls: You may not use or export the Service in violation of applicable export laws.
• Notice: We may provide notices by email, in-app notification, or posting on the Service. Electronic notices satisfy legal written communication requirements.

19. Contact Information