Terms of Use

Welcome to AI Flashcards: Study & Learn (also called Flashcards) (the "App"), operated by ULADZISLAU ZINCHANKA ("Company," "we," "us," or "our"), an individual entrepreneur based in Poland. These Terms of Use ("Terms") govern your access to and use of the App and related services (the "Service"). By downloading, installing, or using the App, you agree to these Terms and our Privacy Policy.

IMPORTANT NOTICE: These Terms include a Binding Arbitration Provision in Section 17 that affects your legal rights, including a waiver of class actions. Read Section 17 carefully.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Eligibility

The App may be suitable for younger users under store age ratings, with parental supervision recommended — especially for camera, photos, AI generation, and YouTube import.

1.1 Minimum Age

No account registration is required. Where consent is required for personal-data processing:

If you are too young to accept these Terms, a parent or guardian must accept them on your behalf.

1.2 Purchases

Premium purchases must be made by someone 18+, or by a parent/guardian using their Apple Account.

1.3 Parental Responsibility

If you allow a child to use the App, you agree to these Terms and the Privacy Policy on their behalf, supervise use of camera/photos/AI/YouTube features, and are responsible for purchases.

2. License

We grant you a limited, non-exclusive, non-transferable license to use the App on devices you own or control, solely as permitted by these Terms.

3. User Conduct

You agree not to:

Export / sanctions: You represent you are not prohibited under applicable U.S./EU/UK sanctions or export rules from using the Service.

4. Feedback

Suggestions you send us (e.g. by email) may be used by us without obligation to you.

5. Intellectual Property

The App, branding, and predefined library content we provide are owned or licensed by us or our licensors. You may not copy our materials except as allowed for personal study use of content we make available in-App.

6. User Content

You retain ownership of decks, cards, and images you create ("User Content"). Custom Study Content stays on your device unless you use AI features that transmit prompts as described in the Privacy Policy.

6.1 License for Communications

By emailing us, you grant a worldwide, royalty-free license to use those communications to operate and improve the Service. This does not grant us rights to your on-device decks except as needed to respond to support.

6.2 Your Responsibilities

You represent that User Content and AI source materials (topics, photos, files, YouTube URLs/transcripts) do not violate law or third-party rights, and that you have permission to process them.

6.3 AI-Generated Content

AI flashcards are created using third-party AI (OpenAI via Firebase Functions). You acknowledge that:

7. Subscriptions and Premium

7.1 General

Certain features require Premium, sold through the Apple App Store and managed with RevenueCat. Payments are processed by Apple.

7.2 Premium Features

Premium may include higher deck/card limits, expanded text formatting, higher AI generation limits, removal of free-tier learning limits, and other features designated as Premium in the App. Exact limits may be controlled by remote configuration and may change.

7.3 Plans

Plans, prices, and trials shown in the App at checkout control. Availability varies by region and time.

7.4 Free Tier

Without Premium you may face limits such as: maximum decks, maximum cards per deck, limited AI generations, and other restrictions shown in the App. Limits may change via remote configuration.

7.5 Trials

If a trial is offered, it will be stated at checkout. Unless you cancel at least 24 hours before the trial ends, Apple typically converts to a paid auto-renewing subscription.

7.6 Automatic Renewal

Subscriptions renew until cancelled in your Apple Account. Uninstalling the App does not cancel subscription. Cancel at least 24 hours before renewal per Apple’s rules.

7.7 Pricing Changes

We may change prices as allowed by law, with notice when required. New prices generally apply at the next renewal.

7.8 Billing

You authorize Apple to charge your payment method. Except where law requires otherwise, purchases are final and non-refundable.

7.9 Refunds

Request App Store refunds through Apple. California/Connecticut residents may have short statutory cancel rights for subscriptions where applicable.

7.10 Cancellation & Management

Manage or cancel in Apple Account settings (see Apple’s guide) or the in-App subscription screen if available. Help: dev.ohmyapp@gmail.com.

7.11 Restore

Restore purchases on devices signed into the same Apple Account; entitlements depend on Apple / RevenueCat.

7.12 No Future Commitments

Purchases are not contingent on future features. We may add, change, or remove features.

8. Third-Party Services

The App uses Firebase / Google (including Auth, Functions, Storage, Crashlytics, Remote Config), OpenAI (via Functions), Mixpanel, RevenueCat, Apple, and — when you use YouTube → cards — YouTube/Google caption endpoints from your device. Their terms and privacy policies apply. Details on data flows are in the Privacy Policy.

9. Privacy

Use of the App is subject to our Privacy Policy.

10. App Store Terms

Distribution is through the Apple App Store. Apple and its subsidiaries are third-party beneficiaries of these Terms as needed to protect their rights.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

11.1 Educational Use

The App is for educational / study purposes. We do not guarantee accuracy of predefined decks, user-created cards, or AI-generated content. It is not a substitute for professional advice, accredited coursework, or exam preparation guarantees.

11.2 AI Disclaimer

AI output may be wrong. Review before use. AI providers may be unavailable or change behavior.

11.3 EU Consumers

Nothing limits mandatory EU/UK consumer rights that cannot be waived.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (1) AMOUNTS YOU PAID FOR THE SERVICE IN THE PRIOR 12 MONTHS, OR (2) USD 100.

WE DO NOT EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

13. Indemnification

To the fullest extent permitted by law, you will indemnify us against claims arising from your use of the Service, your User Content / AI sources, or your violation of these Terms or third-party rights.

14. Termination

We may suspend or terminate access for breach or lawful reasons. You may stop by uninstalling; cancel subscriptions separately via Apple. Provisions that should survive (IP, disclaimers, liability, indemnity, arbitration) survive.

15. Updates

We may update these Terms by posting a new version at this URL. Continued use after changes constitutes acceptance where permitted. If you disagree, stop using the Service and cancel any subscription.

16. Governing Law

These Terms are governed by the laws of Poland, without conflict-of-law rules. Mandatory consumer protections of your country of residence still apply where they cannot be waived.

17. Dispute Resolution by Binding Arbitration

PLEASE READ CAREFULLY.

17.1 Agreement to Arbitrate

Except as below or where prohibited, disputes arising from these Terms or the Service will be resolved by binding individual arbitration, not class actions.

17.2 Exceptions

17.3 Class Waiver

YOU AND WE WAIVE JURY TRIAL AND CLASS / REPRESENTATIVE ACTIONS to the fullest extent permitted by law.

17.4 Procedure

Arbitration before a single arbitrator under AAA Consumer Arbitration Rules (or Commercial Rules if Consumer Rules do not apply), in English, seated in Poland unless agreed otherwise or mandatory consumer law requires another venue.

17.5 Opt-Out

Email dev.ohmyapp@gmail.com within 30 days of first accepting these Terms to opt out of arbitration. Other Terms remain in effect.

17.6 EU/UK Consumers

Mandatory consumer protections and local courts may apply where arbitration is not enforceable against you as a consumer.

18. EU Withdrawal

Where digital content is supplied immediately with your consent, withdrawal rights may be waived as permitted by law. App Store refunds remain subject to Apple’s rules. Contact dev.ohmyapp@gmail.com where withdrawal still applies.

19. Miscellaneous

If any provision is unenforceable, the rest remains. These Terms + Privacy Policy are the entire agreement. You may not assign without our consent; we may assign in a business transfer. Failure to enforce is not a waiver. Force majeure applies to events beyond reasonable control.

20. Contact

ULADZISLAU ZINCHANKA
Email: dev.ohmyapp@gmail.com