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Terms and Conditions for MindCards

Last Updated: January 17, 2025

1. Acceptance of Terms

By accessing and using MindCards ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement.

Apple's Standard EULA: These Terms incorporate by reference the Licensed Application End User License Agreement ("Standard EULA") published by Apple Inc., as it may be updated from time to time. The Standard EULA is available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. In the event of any conflict between these Terms and the Standard EULA with respect to Apple's rights and obligations or matters related to the App Store, the Standard EULA shall govern. These Terms govern matters specific to the MindCards application and service.

2. Description of Service

MindCards is an AI-powered flashcard application that:

  • Enables you to create, store, and manage digital flashcards and collections
  • Provides AI-powered features for generating flashcards from images and text prompts
  • Stores your flashcards locally on your device
  • Offers optional cloud synchronization for your flashcard data
  • Processes images through third-party AI services (Google's services) for image recognition and text extraction

3. Data Processing and Storage

  • Local Storage: Your flashcard collections and cards are initially stored on your local device.
  • Cloud Storage: If you use cloud features, your flashcard data may be securely stored on our backend servers to enable synchronization across devices.
  • Processing: When you use AI-powered features (such as image-to-flashcard generation), images are temporarily forwarded to our backend services and processed using Google's services for image recognition and text extraction.
  • Data Retention: We do not permanently store your images on our backend services after processing is complete. Your flashcard data is retained as long as your account is active or until you delete it.
  • Account Information: Starting from MindCards V1.4, account creation is no longer part of the onboarding process. For accounts created before V1.4, minimal account information may be stored as necessary for authentication purposes.

4. License Grant

The MindCards application is licensed, not sold, to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the application on any Apple-branded devices that you own or control for personal or commercial use.

License Restrictions: You may not:

  • Copy, modify, or create derivative works of the application
  • Reverse engineer, disassemble, or attempt to derive the source code
  • Distribute, sublicense, rent, lease, or lend the application to third parties
  • Remove, alter, or obscure any proprietary notices

5. Content and Intellectual Property

  • Your User-Generated Content: You retain all intellectual property rights to the UGC you create. By creating and storing UGC on our App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your UGC in connection with the App and our business. This license is necessary for us to provide our services, such as storing your MindCards and making them accessible to you.
  • Your Use of the Generative AI Feature:
    • Uploaded Content: You retain ownership of the images and text prompts you upload to the Generative AI feature. You are solely responsible for the content you upload and must ensure you have the necessary rights to use it. You agree not to upload any content that is illegal, infringing, or violates the rights of any third party.
    • AI-Generated Content: The ownership of intellectual property rights in AI-Generated Content is a complex and evolving area of law. While you may use the AI-Generated Content for your personal, non-commercial use within the App, we do not make any representations or warranties regarding your ability to claim copyright ownership in the AI-Generated Content.
  • Our Intellectual Property: The App, its features, and all related software, content (excluding your UGC), and intellectual property are and will remain the exclusive property of Stein Janssen.

6. Acceptable Use

You agree that you will NOT:

  • Use the Service for any illegal or unlawful activities
  • Create, upload, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • Use the Service for malicious purposes or to harm others
  • Process content that violates applicable laws or regulations
  • Infringe on any third party's intellectual property rights, including copyright, trademark, or patent rights
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation
  • Interfere with or disrupt the App or servers or networks connected to the App
  • Engage in any activity that could damage, disable, or impair the Service

7. Service Tiers and Usage Limits

  • Free Tier: We reserve the right to modify usage limits for free tier users at any time without prior notice. These limits may include, but are not limited to, the number of MindCards you can create, the amount of cloud storage available to you, or the number of times you can use the Generative AI feature per day.
  • Premium Users: Usage limit changes will take effect on your next billing date. We will notify you of such changes through the app interface.
  • Changes to Features: We are constantly working to improve the App, which means we may add, modify, or remove features at any time, with or without notice.
  • Transition to Premium Features: You understand and agree that features that are currently available for free may become part of a paid subscription plan ("Premium Features") in the future. We will provide notice if a feature you are using is transitioning to a Premium Feature. Your continued use of such a feature after the transition will require payment. We are under no obligation to continue providing any feature or service for free.

8. Premium Subscriptions and In-App Purchases

Premium subscriptions are available on a recurring basis (monthly or annually). All purchases, billing, subscription management, cancellations, and refunds are handled exclusively through Apple's App Store and are subject to Apple's Terms of Sale and their subscription policies.

To manage your subscription, cancel, or request a refund, please visit your Apple ID Account Settings or refer to Apple's subscription management documentation.

Price Changes: We may change subscription prices at any time. Price changes for existing subscribers will take effect at the start of the next subscription period following notice to you.

Support: Apple is not responsible for providing maintenance or support services for the application. Any questions, issues, or support requests regarding the application should be directed to support@codehub.nl.

9. Termination and Cancellation

  • Your Rights: You may cancel your subscription at any time through your Apple ID Account Settings. Cancellation will take effect at the end of your current billing period.
  • Our Rights: We reserve the right to suspend or terminate your access to the Service, with or without notice, if you violate these Terms or engage in fraudulent, abusive, or illegal activity. Your license under these Terms will terminate automatically if you fail to comply with any of its terms.
  • Effect of Termination: Upon termination, you must cease all use of the application and may be required to delete it from your devices. Termination does not entitle you to a refund of any fees already paid.

10. Analytics and Usage Tracking

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the application.

We collect anonymous analytics data including:

  • Page views and navigation patterns
  • Feature usage statistics
  • Performance metrics
  • Device and system information

We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. This data is not linked to any individual user and is used solely to improve user experience.

11. User Feedback and Contributions

We welcome any ideas, suggestions, or feedback you may have about the App ("Feedback"). Users may submit feedback, improvement ideas, or bug reports to support@codehub.nl. By submitting such content, you acknowledge that:

  • No compensation will be provided for implemented suggestions or fixed bugs
  • We may use your feedback to improve the Service
  • You retain no ownership rights in implemented suggestions
  • You grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your Feedback for any purpose whatsoever, without any obligation to you

Early Access (Beta Features): From time to time, we may offer you access to new features that are in a testing or "beta" phase ("Early Access Features"). These Early Access Features are provided "as-is" and without warranty of any kind. They may contain bugs, errors, or other issues, and may not be as reliable as other parts of the App. We may modify or discontinue Early Access Features at any time without notice, and we reserve the right to decide that an Early Access Feature will not become a part of the standard App offering.

12. Third-Party Services and External Services

AI Processing: Our Service utilizes Google's services for image processing and AI features. Your use of the Service is also subject to Google's terms and policies regarding their services.

External Services: The application may enable access to third-party services and websites (collectively, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.

You will not use External Services in any manner that is inconsistent with these Terms or that infringes the intellectual property rights of any third party. External Services may not be available in all languages or regions, and may not be appropriate for use in any particular location. We reserve the right to change, suspend, remove, or disable access to any External Services at any time without notice or liability to you.

13. Disclaimers and Limitation of Liability

Disclaimer for AI-Generated Content: The Generative AI feature is provided on an "as-is" and "as-available" basis. We do not guarantee the accuracy, completeness, or reliability of any AI-Generated Content. The AI may produce inaccurate or offensive content. You agree to use the Generative AI feature at your own risk and to independently verify any information before relying on it.

Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MINDCARDS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by law, in no event will we, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

14. Copyright and DMCA Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App, please notify our copyright agent at support@codehub.nl.

15. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information. By using the App, you agree to the collection and use of your information in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

16. Governing Law and Jurisdiction

These Terms and the relationship between you and MindCards shall be governed by the laws of the Netherlands, excluding its conflicts of law provisions, except where applicable law requires otherwise.

If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence, and you may have additional consumer rights under local law.

Specifically excluded from application to these Terms is the United Nations Convention on the International Sale of Goods.

17. Claims and Disputes

Any claims relating to the application or your use of the Service should be directed to support@codehub.nl. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the application distributed through the Apple App Store, and Apple will have the right to enforce these Terms against you as a third-party beneficiary.

In the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of the Service constitutes acceptance of modified terms. If you do not agree to the modified terms, you must discontinue use of the Service and cancel your subscription. We will provide notice of material changes through the App or via the email address associated with your account, if applicable.

19. Contact Us

If you have any questions about these Terms, please contact us at support@codehub.nl.