Terms of Service

Welcome to Memicorn! These Terms of Service ("Terms") govern your use of the Memicorn language learning application, including our mobile applications (iOS and Android), web services, and API (collectively, the "Service"). By accessing or using Memicorn, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, downloading our 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 constitute a legally binding agreement between you and Memicorn.

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

2. Eligibility

2.1 Age Requirements

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

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

2.2 Capacity

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

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Choose a strong, unique password
• Not share your account credentials with others
• Not create multiple accounts for fraudulent purposes

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Types

We may offer different account types (free, premium, etc.) with varying features and limitations. The specific terms for each account type will be presented during signup or upgrade.

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/export functionality for learning materials
• Progress tracking and statistics
• Community features for sharing public learning content

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5. Software License Grant

5.1 License Grant

Subject to your compliance with these Terms, Memicorn hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Memicorn mobile application ("App") on compatible devices that you own or control, solely for your personal, non-commercial use in connection with accessing and using the Service.

5.2 Scope of License

This license permits you to:

• Download and install the App on a reasonable number of compatible devices (smartphones, tablets) that you own or control
• Access and use the App for personal language learning purposes
• Create one backup copy of the App solely for archival or disaster recovery purposes, provided such copy is not installed or used on any device except for restoration
• Receive and install updates, upgrades, and new versions of the App as we make them available

5.3 License Restrictions

You may NOT:

• Copy, modify, or create derivative works of the App or any part thereof
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App, except where such activity is expressly permitted by applicable law
• Rent, lease, sublicense, sell, transfer, distribute, or otherwise commercially exploit the App
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App
• Use the App to develop a competing product or service
• Use the App for any commercial purpose or for the benefit of any third party
• Circumvent or disable any security features or technological measures that control access to the App
• Use the App in any manner that could damage, disable, overburden, or impair our servers or networks
• Share your account credentials to allow others to access the App through your licensed copy

5.4 Ownership

The App and Service are licensed, not sold, to you. Memicorn and its licensors retain all right, title, and interest in and to the App, Service, and all associated intellectual property rights. This license does not grant you any rights to use Memicorn's trademarks, service marks, or other brand features.

5.5 Updates and New Versions

We may provide updates, upgrades, bug fixes, patches, and other modifications to the App ("Updates"). Updates may be required for you to continue using the App or Service. You agree that:

• We may automatically download and install Updates without further notice
• Updates are subject to these Terms unless accompanied by separate terms
• We have no obligation to provide Updates or to continue to provide or enable any particular features or functionality
• You consent to such automatic Updates and agree that these Terms will apply to all such Updates

5.6 Open Source Components

The App may contain or be distributed with components subject to open source licenses ("Open Source Components"). Your use of Open Source Components is governed by the applicable open source licenses, which can be found in the App's documentation or by contacting us at info@memicorn.com. To the extent any open source license terms conflict with these Terms regarding Open Source Components, the open source license terms shall prevail.

5.7 Export Restrictions

You agree not to export, re-export, or transfer the App in violation of any applicable export laws or regulations, including but not limited to U.S. export control laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

5.8 App Store and Google Play Additional Terms

If you download the App from Apple App Store or Google Play Store, you acknowledge and agree that:

• These Terms are between you and Memicorn only, not with Apple or Google
• Apple or Google has no obligation to provide maintenance or support services for the App
• Apple or Google is not responsible for any product warranties or claims
• Apple or Google is not responsible for addressing any third-party claims relating to the App
• You must comply with applicable third-party terms when using the App
• Apple and Google are third-party beneficiaries of these Terms with respect to your use of the App downloaded from their respective stores

5.9 License Termination

This license is effective until terminated. Your rights under this license will terminate automatically without notice if you:

• Fail to comply with any term of these Terms
• Violate our Acceptable Use Policy
• Engage in any activity that infringes our intellectual property rights
• Delete your account or cease using the Service

Upon termination of this license, you must cease all use of the App and delete all copies from your devices. Termination will not limit any of Memicorn's other rights or remedies at law or in equity.

5.10 Survival

Sections 5.3 (License Restrictions), 5.4 (Ownership), 5.7 (Export Restrictions), 5.9 (License Termination), and this Section 5.10 (Survival) shall survive any termination of this license.

6. User Content

6.1 Your Content

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

6.2 Rights in User Content

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

6.3 Public Content

If you choose to make your content public:

• Other users may view, copy, and use your public content
• You grant other users a non-exclusive license to use your public content for personal learning purposes
• You may change your content from public to private at any time, but copies already made by other users may persist

6.4 Content Representations

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe any third-party rights
• Your User Content complies with these Terms and all applicable laws

6.5 Content Removal

We reserve the right to remove any 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:

7.1 Prohibited Content

• Upload, share, or distribute illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
• Share content that infringes intellectual property rights
• Distribute malware, viruses, or other harmful code
• Share content that promotes discrimination, hatred, or violence
• Upload content that contains personal information of others without consent

7.2 Prohibited Conduct

• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated means (bots, scrapers, etc.) to access the Service without permission
• Circumvent any content filtering or security measures
• Engage in any activity that could damage, disable, or impair the Service
• Use the Service for any commercial purpose without our written consent
• Violate any applicable laws or regulations

7.3 Enforcement

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

8. Intellectual Property Rights

8.1 Memicorn Property

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

8.2 Trademarks

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

8.3 Feedback

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

8.4 DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with a DMCA notice including:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Send DMCA notices to: info@memicorn.com

9. Third-Party Services

9.1 Third-Party Integration

The Service integrates with third-party services including:

• OpenAI for AI-powered features
• Google and Apple for authentication
• Firebase for analytics and notifications
• AWS for file storage
• Supabase for database hosting

9.2 Third-Party Terms

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

9.3 Third-Party Content

The Service may contain links to third-party websites or content. We do not control and are not responsible for third-party content or websites.

10. AI Services and Generated Content

10.1 AI-Generated Content

The Service uses artificial intelligence to generate learning content. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• You should verify important information from AI-generated content
• We are not responsible for decisions made based on AI-generated content
• AI-generated content is provided "as is" without warranties

10.2 Your Use of AI Features

When using AI features, you agree:

• Not to input personal information of others without consent
• Not to use AI features to generate harmful or illegal content
• To comply with OpenAI's usage policies
• That content you generate using AI features is your User Content

10.3 AI Service Availability

AI features depend on third-party services and may be unavailable at times. We do not guarantee continuous availability of AI features.

11. Payment and Subscriptions

11.1 Free and Paid Services

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

11.2 Subscription Terms

If you purchase a 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
• No refunds for partial subscription periods

11.3 Price Changes

We may change subscription prices with 30 days notice. Price changes will apply to your next subscription period.

11.4 Payment Processing

Payments are processed by third-party payment providers. By providing payment information, you authorize us to charge the applicable fees.

11.5 Refund Policy

Refunds are generally not provided except as required by law or at our sole discretion. Contact info@memicorn.com for refund requests.

12. Disclaimers

12.2 No Warranty

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors in the Service will be corrected

12.3 Educational Purpose

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

12.4 Medical Disclaimer

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 the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such 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 and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any rights of another party
• Your violation of any applicable laws

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

15. Termination

15.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in the app settings
• Contacting us at info@memicorn.com

15.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Violate our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Create risk or legal exposure for us

15.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and User Content
• We are not obligated to provide any refunds
• Provisions of these Terms that should survive termination will remain in effect

16. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes:

• We will notify you via email or in-app notification
• We will provide at least 30 days notice before changes take effect
• Your continued use after changes indicates acceptance
• If you disagree with changes, you may terminate your account

For non-material changes, we may update these Terms without notice, and changes are effective upon posting.

17. Governing Law and Dispute Resolution

17.1 Governing Law

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

17.2 Informal Resolution

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

17.3 Binding Arbitration

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

17.4 Class Action Waiver

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 shall be null and void.

17.5 Exceptions

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

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memicorn regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, pandemics, or disruptions of utilities or telecommunications.

18.6 Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations or any other applicable export laws.

18.7 Notice

We may provide notices to you via email, in-app notifications, or by posting on the Service. You agree that electronic notices satisfy any legal requirement for written communication.

19. Contact Information

For questions about these Terms, please contact us at: