Terms of Service

The terms and conditions governing the use of our services

2025/03/10

Last Updated: March 10, 2025

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Online Flashcard Maker ("Company," "we," "our," or "us") governing your access to and use of the Online Flashcard Maker website, platform, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility

2.1 Age Requirements

You must be at least 13 years of age to use our Services. Users between 13 and 18 years of age must have parental or guardian consent to use the Services.

2.2 Account Registration

To access certain features, you must register for an account by providing accurate and complete information. You agree to:

  • Provide truthful, current, and complete registration information
  • Maintain and update your information to keep it accurate
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access to your account

2.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not authorized by you.

3. Description of Services

Online Flashcard Maker is a digital learning platform that provides:

  • Flashcard creation and management tools
  • AI-powered flashcard generation from text, notes, and documents
  • Spaced repetition learning algorithms
  • Progress tracking and analytics
  • Study mode features and learning tools
  • Content sharing and community features
  • Mobile and web access to study materials

4. User Accounts and Subscription Plans

4.1 Free Plan

  • Limited features and storage
  • Access to basic flashcard creation and study tools
  • Credit-based system with monthly allocation

4.2 Pro Plan (Subscription)

  • Monthly or annual subscription options
  • Enhanced features and increased credit allocation
  • Priority support and advanced tools
  • Automatic renewal unless cancelled

4.3 Lifetime Plan

  • One-time payment for permanent access
  • All Pro features included
  • No recurring charges

4.4 Payment Terms

  • All fees are in USD and non-refundable except as required by law
  • Subscription fees are charged in advance on a recurring basis
  • You authorize us to charge your payment method for all fees
  • Price changes will be communicated 30 days in advance
  • Payment processing is handled securely by Stripe

4.5 Cancellation and Refunds

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial subscription periods
  • Refunds may be provided at our discretion within 14 days of purchase
  • Lifetime plans are generally non-refundable except as required by law

5. User Content and Conduct

5.1 Your Content

You retain ownership of all content you create, upload, or share through the Services ("User Content"). User Content may include:

  • Flashcard decks and individual cards
  • Images, audio, and other media files
  • Study notes and materials
  • Comments and interactions

5.2 License to Your Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

  • Use, reproduce, modify, adapt, and publish your content
  • Display and distribute your content in connection with the Services
  • Create derivative works for the purpose of providing the Services
  • This license terminates when you delete your content, except for content shared with others

5.3 Public Content

Content you share publicly or with other users:

  • Will be accessible to other users of the Services
  • May be used by others in accordance with the sharing permissions you set
  • Cannot be completely removed if others have copied or saved it

5.4 Prohibited Content and Activities

You agree not to create, upload, or share content that:

  • Violates any applicable law or regulation
  • Infringes on intellectual property rights of others
  • Contains malware, viruses, or harmful code
  • Is defamatory, obscene, hateful, or discriminatory
  • Contains personal information of others without consent
  • Promotes violence, terrorism, or illegal activities
  • Constitutes spam, unauthorized advertising, or commercial solicitation

You agree not to:

  • Impersonate any person or entity
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any systems or accounts
  • Use automated systems (bots, scrapers) without permission
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the Services without authorization
  • Use the Services for any illegal purpose

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, and design, are owned by us and protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

6.2 Trademarks

"Online Flashcard Maker" and associated logos are our trademarks. You may not use our trademarks without prior written permission.

We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us at support@onlineflashcardmaker.com with:

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

Our Services may contain links to third-party websites or integrate with third-party services (e.g., Google OAuth, Stripe payments). We are not responsible for:

  • The content, privacy practices, or terms of third-party services
  • Any damages or losses caused by third-party services
  • The availability or accuracy of third-party content

Your use of third-party services is governed by their respective terms and policies.

8. Service Availability and Modifications

8.1 Availability

We strive to provide continuous access to our Services but do not guarantee uninterrupted or error-free operation. Services may be unavailable due to:

  • Scheduled maintenance
  • Technical issues or emergencies
  • Force majeure events
  • Third-party service disruptions

8.2 Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Services at any time
  • Change features, functionality, or pricing with reasonable notice
  • Update these Terms as necessary

We will provide reasonable notice of material changes when feasible.

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

  • Violate these Terms or our policies
  • Engage in fraudulent or illegal activities
  • Abuse or misuse the Services
  • Fail to pay fees when due

9.3 Effect of Termination

Upon termination:

  • Your right to access and use the Services ceases immediately
  • We may delete your account and User Content after 90 days
  • No refunds will be provided except as required by law
  • Provisions of these Terms that should survive will continue to apply

10. Disclaimers and Warranties

10.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding security, accuracy, or reliability
  • Warranties that the Services will be uninterrupted or error-free

10.2 Educational Tool

Our Services are educational tools designed to assist learning but do not guarantee:

  • Academic success or specific learning outcomes
  • Accuracy or completeness of AI-generated content
  • Suitability for specific educational requirements

YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL CONTENT AND MATERIALS.

10.3 Third-Party Content

We do not endorse, verify, or take responsibility for User Content or third-party content available through the Services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Loss of goodwill or reputation
  • Personal injury or emotional distress
  • Any other intangible losses

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, or
  • $100 USD

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Online Flashcard Maker, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

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

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at support@onlineflashcardmaker.com to attempt to resolve the dispute informally for at least 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

13.3 Arbitration

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

13.4 Class Action Waiver

You agree to resolve disputes on an individual basis only and waive any right to participate in class actions or class-wide arbitration, except where prohibited by law.

14. General Provisions

14.1 Entire Agreement

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

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

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

14.5 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last Updated" date.

Material changes will be communicated through:

  • Email notification to registered users
  • Prominent notice on our website
  • In-app notifications

Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

Email: support@onlineflashcardmaker.com

Contact Form: https://onlineflashcardmaker.com/contact

Response Time: We will respond to inquiries within 2-3 business days.

17. Acknowledgment

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.