Terms and Conditions for Make Study Cards

Last Updated: September 26, 2024

Welcome to MakeStudyCards!

These Terms of Service ("Terms") govern your use of the MakeStudyCards website and application ("Service") operated by Merlinsbeard Pty Ltd ("we," "us," or "our"). By using our Service, you agree to these Terms.

1. Description of MakeStudyCards

MakeStudyCards is an AI-powered platform that converts lectures, presentations, and study materials into interactive flashcards using artificial intelligence. Our Service helps students and learners create study materials more efficiently through automated card generation and spaced repetition learning systems.

2. Service Usage and Account

2.1 Account Creation: You must create an account to access certain features of our Service. You are responsible for maintaining the confidentiality of your account credentials.

2.2 Acceptable Use: You agree to use our Service only for lawful purposes and in accordance with these Terms. You may not:
- Upload copyrighted material without proper authorization
- Use the Service to generate inappropriate or harmful content
- Attempt to reverse engineer or compromise our systems
- Share your account credentials with others

2.3 Content Ownership: You retain ownership of the original content you upload. The flashcards generated by our AI remain your intellectual property for personal use.

3. Subscription and Payments

3.1 Paid Features: Certain features require a paid subscription. Subscription fees are charged in advance and are non-refundable except as provided in our refund policy.

3.2 Refund Policy: We offer refunds within 7 days of purchase according to the following terms:
- If you have not used any AI credits, you are eligible for a full refund
- If you have used AI credits, your refund will be calculated as: (Plan Cost - AI Credits Used) = Refund Amount
- AI credits are valued at their standard rate at the time of purchase
- Refunds will be processed back to your original payment method within 5-10 business days
- To request a refund, contact us at jake@makestudycards.com

3.3 Payment Processing: Payments are processed securely through Paddle. We do not store your payment information on our servers.

4. User Data and Privacy

We collect and store user data, including name, email, payment information, and study content, as necessary to provide our services. For complete details on how we handle your data, please refer to our Privacy Policy at /privacy-policy.

5. AI Services and Credit Usage

5.1 AI Integration: Our Service uses OpenAI's API to generate flashcards from your content. By using our Service, you acknowledge that your content may be processed by these third-party AI services in accordance with their respective terms and our Privacy Policy.

5.2 AI Credits: AI-powered features consume credits from your plan. Credit usage is deducted in real-time when you generate flashcards. Once credits are used, they cannot be restored, which affects refund calculations as outlined in our refund policy.

5.3 Credit Tracking: You can view your remaining credit balance in your account dashboard. We recommend monitoring your usage to avoid unexpected plan limitations.

5.4 AI Content Disclaimer: AI-generated flashcards are provided for educational purposes only. While we strive for accuracy, AI-generated content may contain errors or inaccuracies. Users are responsible for verifying the correctness of generated content before relying on it for study purposes. We make no warranties about the accuracy, completeness, or suitability of AI-generated content.

6. Limitation of Liability

6.1 Types of Damages: To the maximum extent permitted by law, Merlinsbeard Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

6.2 Maximum Liability Cap: In no event shall Merlinsbeard Pty Ltd's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

6.3 Essential Services: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

6.4 Time Limitation: Any claim against us must be brought within one (1) year after the cause of action arises, or such claim will be permanently barred.

7. Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of our Service at any time with reasonable notice.

8. Intellectual Property

The MakeStudyCards platform, including its design, functionality, and underlying technology, is owned by Merlinsbeard Pty Ltd and protected by intellectual property laws.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

11. Updates to the Terms

We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Users will be notified of any material changes via email and continued use of the Service constitutes acceptance of the updated Terms.

12. Contact Information

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

Email: jake@makestudycards.com
Company: Merlinsbeard Pty Ltd

Thank you for using MakeStudyCards!