Terms of Service

Welcome to Retain! These terms of service (the "Terms") govern your access and use of our web and mobile app, Retain (the "App"), and the services and features we offer (the "Services"). By accessing or using the App or Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App or Services. Eligibility You must be at least 13 years old to use the App or Services. By using the App or Services, you represent and warrant that you are at least 13 years old and that you have the right, authority, and capacity to enter into and abide by these Terms.

Account Registration

To use certain features of the App or Services, you may be required to create an account and provide certain personal information, such as your name, email address, and phone number. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or password. We are not liable for any loss or damage arising from your failure to comply with this requirement.

Content

The App and Services may allow you to create and share content, such as flashcards and study notes. You are solely responsible for the content you create and share using the App and Services, and you agree that you will not post any content that is unlawful, abusive, threatening, defamatory, obscene, or otherwise inappropriate. We have the right, but not the obligation, to remove any content that violates these Terms or that we determine is otherwise inappropriate. By posting content on the App or Services, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content throughout the world in any media. You represent and warrant that you have the right to grant this license and that your content does not infringe the intellectual property rights of any third party.

Subscriptions and Billing

Subscription Tiers

We offer a free version of the App ("Free Plan") and a paid subscription tier ("Pro Plan") that includes additional features such as Voice Study Mode, AI-generated content, and advanced analytics. The specific features and limits of each tier are described on our Pricing page.

Fees and Payment

By subscribing to the Pro Plan, you agree to pay the monthly or annual subscription fee (plus any applicable taxes). All payments are processed through our third-party payment processors. You must provide current, complete, and accurate billing information.

Automatic Renewal

Your subscription will automatically renew at the end of each monthly or annual billing cycle unless you cancel it before the renewal date. The renewal will be charged to the payment method currently on file.

Cancellation

You may cancel your Pro Plan subscription at any time through your account settings. Upon cancellation, you will continue to have access to Pro features until the end of your current paid billing period, at which point your account will revert to the Free Plan.

Refunds

Except as required by law, all subscription fees are non-refundable. We do not provide refunds or credits for any partial subscription periods or unused features.

Changes to Fees

I reserve the right to change the subscription fees or introduce new charges. Any price changes will apply no earlier than 30 days following notice to you via the email associated with your account or through a notification within the App.

Usage Limits

The Pro Plan is subject to certain usage limits (e.g., 60 minutes of Voice Study Mode per month). I reserve the right to enforce these limits and to modify them to ensure the stability and "fair use" of the Services for all users.

Copyright

The App and Services, and the materials included on them, are the property of Caleb Hester and are protected by copyright and other intellectual property laws. You may view and use the App and Services for your personal, non-commercial use only. You may not use the App or Services for any other purpose without the prior written consent of Caleb Hester. Modification of the App and Services We reserve the right to modify or discontinue the App or Services, or any features or functionality thereof, at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or Services.

Termination

We may terminate these Terms or your access to the App or Services at any time and for any reason, without notice. Upon termination, you will no longer have access to the App or Services and we will have no further obligations to you. The provisions of these Terms that by their nature should survive termination will survive termination, including, but not limited to, the provisions regarding intellectual property, indemnification, and limitations of liability.

Disclaimer of Warranties

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE APP OR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold us, and our affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any rights of another.

Governing Law

These Terms and your use of the App and Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in California. You and we irrevocably consent to the jurisdiction of such courts and waive any venue or other objections to such courts.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Waiver

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

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the App and Services, superseding any prior agreements or understandings, whether oral or written.

If you have any questions regarding these terms, please contact me at info@retaincards.com.