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Terms of Service for FlashOne.ai

Last Updated: April 29, 2025

Welcome to FlashOne.ai. These Terms of Service constitute a legally binding agreement between you and FlashOne.ai LLC ("FlashOne.ai", "we," "us," or "our") governing your use of our website, mobile application, and all related tools and services (collectively referred to as the "Service").

IMPORTANT – PLEASE READ CAREFULLY:
BY REGISTERING FOR AN ACCOUNT, DOWNLOADING OUR APPLICATION, OR USING ANY PART OF THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH INCORPORATE OUR PRIVACY POLICY (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS OR DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS.
ARBITRATION AND CLASS ACTION WAIVER NOTICE: Except for specific types of disputes mentioned in Section 17, you agree that any disputes between you and FlashOne.ai LLC arising under these Terms will be resolved through binding, individual arbitration. BY ACCEPTING THESE TERMS, BOTH YOU AND FLASHONE.AI LLC WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. Disputes will be decided by a neutral arbitrator, not a judge or jury (See Section 17 for details).

1. Service Description

FlashOne.ai offers a digital platform designed to assist users in creating, organizing, studying, and sharing flashcards. The Service includes features that may utilize artificial intelligence to aid in content generation, such as image creation, aiming to enrich the learning process.

2. User Eligibility

To utilize the Service, you must be at least 13 years old, or the minimum age legally required in your jurisdiction to consent to online services. If you are under 18 (or the age of legal majority in your location), you may only use the Service under the guidance and agreement of a parent or legal guardian who accepts these Terms on your behalf. By using the Service, you confirm that: (a) you meet the required age criteria or have obtained parental/guardian consent; (b) you haven't been previously barred or removed from using the Service; and (c) your use complies with all pertinent laws and regulations. If representing an organization, the individual accepting these Terms affirms they possess the authority to bind the organization.

3. Account Creation and Responsibility

Accessing many features requires creating an account. You commit to providing truthful, current, and complete information during registration and maintaining its accuracy. Keeping your account password confidential is your responsibility. All activities occurring under your account are attributable to you. Sharing your login credentials is prohibited. Inform us immediately at support@flashone.ai if you suspect unauthorized account use.

4. Payments for Enhanced Services

Some Service features may necessitate payment, often through a subscription ("Subscription Service"). Applicable fees will be presented for your review before you commit to payment. Unless stated otherwise, all fees are in U.S. Dollars and are non-refundable, except where mandated by law or explicitly stated in these Terms.

4.1 Pricing Structure. We establish the pricing for our Service features. While we strive to keep pricing information on the Service current, fees may change. For existing subscribers, we will provide advance notice (typically at least 30 days) before fee changes affecting renewals take effect. Promotional offers may be available selectively and won't apply unless specifically offered to you.

4.2 Payment Authorization. You grant FlashOne.ai LLC and its designated third-party payment processors (like Stripe, Apple, Google) permission to charge your chosen payment method for all fees associated with your orders and selected Service levels, including applicable taxes. Pre-authorization of your payment method may occur.

4.3 Subscriptions and Automatic Renewal. Subscription Services commence on the purchase date ("Subscription Billing Date") for your chosen initial term (e.g., monthly, yearly) ("Initial Subscription Period"). SUBSCRIPTIONS RENEW AUTOMATICALLY for consecutive periods of the same length unless cancelled prior to the renewal date. By subscribing, you authorize recurring charges to your payment method until cancellation. To prevent charges for the next period, cancel your Subscription Service before the renewal date via your account or platform settings (e.g., App Store, Play Store) or by contacting support@flashone.ai.

4.4 Trial Periods. Occasionally, we might offer free trials. If not cancelled before the trial ends, it may convert into a paid subscription, and the corresponding fee will be charged.

4.5 Unpaid Accounts. Access to the Service (including paid features) may be suspended or terminated for accounts with outstanding unpaid balances. Additional fees related to collection efforts or chargebacks may apply.

5. Service License Grant

5.1 Limited Usage License. Conditioned on your adherence to these Terms, FlashOne.ai LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for personal, non-commercial use to: (a) install and operate our mobile application on devices you own or control; and (b) access and utilize the Service through its intended interfaces.

5.2 Usage Restrictions. Unless explicitly permitted by law, you are prohibited from: (a) distributing, publicly displaying, or performing the Service; (b) altering or creating derivative works from the Service; (c) interfering with security measures or access controls; or (d) attempting to reverse engineer or extract the source code of the Service.

5.3 User Feedback. Should you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant FlashOne.ai LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up license to use, modify, distribute, and otherwise exploit such Feedback for any purpose, including service improvement, without owing you compensation or attribution.

6. Intellectual Property Ownership

FlashOne.ai LLC owns and operates the Service. All components of the Service, including software, design, graphics, data, code, and other related elements ("Materials"), are protected by intellectual property laws and belong to FlashOne.ai LLC or its licensors. These Terms do not grant you any rights to use our Materials except as explicitly stated. We retain all rights not expressly granted.

7. User-Generated Content

7.1 Your Content. The Service allows users to create, upload, store, and share content like flashcards, text, and images (including those generated via AI tools) ("User Content"). Subject to the licenses granted herein, you retain ownership of the intellectual property rights you hold in your User Content.

7.2 License to Us. By submitting User Content through the Service, you grant FlashOne.ai LLC a worldwide, non-exclusive, royalty-free, fully paid license (sublicensable through multiple tiers) to host, store, transfer, display, perform, reproduce, modify (for formatting purposes), and distribute your User Content. This license is solely for the purposes of operating, providing, maintaining, improving, and promoting the Service. As detailed in our Privacy Policy, anonymized or aggregated User Content may be used for analytics and service enhancement, potentially including AI model refinement.

7.3 Your Responsibilities for Your Content. You bear sole responsibility for your User Content and any consequences of sharing it. By providing User Content, you represent and warrant that:

7.4 AI-Assisted Content. The Service's AI tools generate content algorithmically. This content may occasionally be inaccurate, unsuitable, or resemble existing materials. You are responsible for reviewing AI-generated content for accuracy, appropriateness, and compliance with these Terms before use. You own the rights to your unique prompts and the resulting generated content, subject to our licenses herein and any third-party rights in the underlying AI models.

7.5 Content Monitoring and Disclaimers. We have no obligation to monitor, edit, or control User Content posted by you or others and assume no liability for it. However, we reserve the right to screen, remove, edit, or block any User Content at any time, without notice, if we deem it violates these Terms or is otherwise objectionable.

8. Interactions with Third Parties

8.1 External Services and Links. The Service might link to or integrate with third-party services (e.g., AI providers, analytics tools). We don't control these external services and are not responsible for their practices, content, or privacy policies. Your interactions with them are governed by their respective terms.

8.2 Incorporated Third-Party Software. Our Service may contain open-source or other third-party software components ("Third-Party Components"). These components are subject to their own licenses, and nothing in these Terms restricts your rights under those licenses.

9. Service Communications

9.1 Electronic Messages. Using the Service implies consent to receive electronic communications from us (e.g., emails, in-app messages) as detailed in our Privacy Policy. You agree that electronic communications satisfy any legal requirement for written notice.

9.2 Push Notifications. Upon installing our app, push notifications may be enabled. You can typically manage these permissions through your device's settings.

9.3 Email Options. We may send emails regarding our Service. Promotional emails will include instructions for opting out (unsubscribing).

10. Rules of Conduct

WHEN USING THE SERVICE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES:

11. Intellectual Property Protection (DMCA Process)

11.1 Respecting Rights. FlashOne.ai LLC respects intellectual property and expects users to do the same. Infringement is not permitted on our Service.

11.2 Reporting Copyright Infringement. We adhere to the Digital Millennium Copyright Act (DMCA). If you believe content on our Service infringes your copyright, please send a compliant "Notification of Claimed Infringement" to our designated Copyright Agent via email:

FlashOne.ai LLC Legal Department (Copyright Agent)
Email: legal@flashone.ai (Subject: DMCA Notification)

Your notification must substantially include (see 17 U.S.C. § 512(c)(3)): (a) Signature (physical/electronic) of authorized person; (b) Identification of the copyrighted work; (c) Identification of the infringing material and its location; (d) Your contact information; (e) Good faith statement of unauthorized use; (f) Statement of accuracy under penalty of perjury.

11.3 Counter-Notification Process. If your content was removed due to a DMCA notice you believe was mistaken, you may send a compliant "Counter Notification" to our Copyright Agent via email (legal@flashone.ai), including (see 17 U.S.C. § 512(g)(3)): (a) Your signature; (b) Identification of removed material and its prior location; (c) Statement under penalty of perjury of good faith belief in mistake; (d) Your name, address*, phone number, and consent to jurisdiction (*Note: Providing an address may be necessary for legal validity).

11.4 Policy on Repeat Infringers. We reserve the right to terminate accounts of users found to be repeat infringers under appropriate circumstances.

11.5 Liability for Misrepresentation. Knowingly misrepresenting infringement or mistaken removal in DMCA notices/counter-notices can lead to liability for damages, including costs and attorney fees (17 U.S.C. § 512(f)).

12. Amendments to These Terms

We may revise these Terms periodically. Please check this page for updates. Significant changes impacting your rights or obligations will be communicated reasonably in advance (e.g., 30 days notice via email or in-app message) before taking effect. Your continued use of the Service after the notice period or explicit acceptance signifies agreement to the revised Terms. Minor changes are effective upon posting. Disputes will be governed by the Terms version effective when the dispute arose.

13. Service Duration, Termination, and Changes

13.1 Term Length. These Terms commence upon your acceptance or first use of the Service and remain effective until terminated.

13.2 Termination Rights. Violation of these Terms results in automatic termination of your authorization to use the Service. FlashOne.ai LLC reserves the right to terminate these Terms, your account, or your access to the Service at our discretion, for any reason or no reason, possibly without notice. You can terminate your account at any time via app settings (if available) or by contacting support@flashone.ai.

13.3 Consequences of Termination. Upon termination: (a) Your license rights cease; (b) Access to your account and the Service ends; (c) Outstanding payments become due; (d) Certain sections survive, including Feedback license, Ownership, User Content licenses to us, Prohibited Conduct, IP Protection, Termination Effects, Indemnity, Disclaimers, Liability Limits, Dispute Resolution, and Miscellaneous provisions.

13.4 Service Modifications. We retain the right to alter or cease the Service (or parts thereof) at any time, temporarily or permanently, without notice. We bear no liability for such changes or any resulting suspension/termination of access. Should we discontinue a paid feature you subscribe to without offering a suitable alternative, we may, at our discretion, provide a partial refund for prepaid, unused subscription time.

14. User Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless FlashOne.ai LLC and its directors, officers, employees, affiliates, agents, and consultants (collectively, "FlashOne.ai Entities") from any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from or related to: (a) your misuse or unauthorized use of the Service; (b) your breach of these Terms or violation of any law or regulation; (c) your infringement of any third-party right (e.g., intellectual property, privacy); or (d) any disputes between you and another party. We reserve the right to assume exclusive defense and control of indemnified matters, at your expense, and you agree to cooperate.

15. Disclaimers and Absence of Warranties

THE SERVICE, ALONG WITH ALL MATERIALS AND CONTENT PROVIDED THROUGH IT, IS OFFERED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. FLASHONE.AI LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, NOR DO WE WARRANT CORRECTION OF ANY ISSUES.

NO INFORMATION OR ADVICE, ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR FLASHONE.AI ENTITIES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR DAMAGES RESULTING FROM THE SERVICE OR YOUR INTERACTIONS WITH OTHER USERS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR DAMAGE TO YOUR PROPERTY (COMPUTER, MOBILE DEVICE) OR LOSS OF DATA, INCLUDING USER CONTENT.

THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM WARRANTIES OR RIGHTS WHERE PROHIBITED BY APPLICABLE LAW.

16. Limitations on Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, THE FLASHONE.AI ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, DATA LOSS, OR OTHER INTANGIBLE LOSSES) RELATED TO YOUR ACCESS/USE OF, OR INABILITY TO ACCESS/USE, THE SERVICE OR ITS CONTENT, REGARDLESS OF LEGAL THEORY (WARRANTY, CONTRACT, TORT, STATUTE) AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT AS STATED IN SECTION 17.5 (ARBITRATION FEES) AND TO THE FULLEST EXTENT ALLOWED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE FLASHONE.AI ENTITIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FLASHONE.AI LLC FOR SERVICE ACCESS IN THE 12 MONTHS PRECEDING THE CLAIM-GENERATING EVENT; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS OF LIABILITY, DISCLAIMERS, AND DAMAGE EXCLUSIONS ALLOCATE RISKS BETWEEN YOU AND US, FORMING AN ESSENTIAL PART OF OUR AGREEMENT. THEY ARE SEVERABLE AND APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

17. Dispute Resolution by Binding Arbitration

17.1 Agreement to Arbitrate. To resolve disputes expediently and cost-effectively, you and FlashOne.ai LLC agree to resolve nearly all disputes related to these Terms, the Service, or our communications through binding arbitration conducted on an individual basis. Arbitration is less formal than court litigation. THIS MEANS YOU AND FLASHONE.AI LLC WAIVE RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

17.2 Exclusions from Arbitration. This agreement does not limit either party's right to: (a) pursue individual small claims court actions; (b) seek enforcement through relevant government agencies; (c) request injunctive relief from a court to aid arbitration; or (d) file suit in court solely to address intellectual property infringement claims.

17.3 Opt-Out Procedure. You can reject this arbitration agreement within 30 days of first accepting these Terms by sending an email to legal@flashone.ai with the subject line "Arbitration Opt-Out". The email must include your full legal name, the email address linked to your FlashOne.ai account, and a clear statement of your intent to opt-out ("Opt-Out Notice"). Opting out nullifies this Section 17; disputes will then be governed by Section 18.2. Other Terms remain unaffected.

17.4 Arbitration Administrator. Arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") using its Consumer Arbitration Rules ("AAA Rules"), modified by these Terms. Find AAA Rules at www.adr.org.

17.5 Arbitration Process and Notice. A party initiating arbitration must first send written Notice of Arbitration to the other party via email. FlashOne.ai LLC's email for Notice is legal@flashone.ai. The Notice must detail the claim and requested relief. Parties shall attempt good-faith negotiation for 30 days. If unresolved, arbitration may commence. Settlement offers remain confidential from the arbitrator until after an award. If an arbitrator awards you more than our last written settlement offer, we'll pay the greater of the award or $1,000 (adjust amount if needed).

17.6 Arbitration Fees and Location. For claims under $10,000, if you initiate arbitration, we typically reimburse your filing fee unless the claim is deemed frivolous. Fee allocation otherwise follows AAA Rules. Hearings occur in San Francisco County, California, unless otherwise agreed. For claims $10,000 or less, you may choose document-only, phone, or in-person hearing based on AAA Rules. If your claim is found frivolous or improper (per Fed. R. Civ. P. 11(b)), you must reimburse us for fees we advanced.

17.7 Class Action Waiver. CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator cannot consolidate multiple claims or preside over class proceedings.

17.8 Severability/Opt-Out Effect. If the class action waiver (17.7) or this entire section (17) is deemed unenforceable, or if you validly opt-out, then this entire Section 17 becomes void, and disputes fall under the jurisdiction specified in Section 18.2.

18. General Provisions

18.1 Entire Agreement. These Terms, including the incorporated Privacy Policy and any Additional Terms, represent the complete understanding between you and FlashOne.ai LLC concerning the Service, superseding all prior agreements.

18.2 Governing Law and Venue. California state law governs these Terms, disregarding conflict-of-law principles. If court action is permitted (e.g., due to arbitration opt-out or unenforceability), you and FlashOne.ai LLC consent to exclusive personal jurisdiction and venue in the state and federal courts of San Francisco County, California.

18.3 Assignment. You cannot assign these Terms or associated rights without our prior written consent. We may assign these Terms freely.

18.4 Waiver. Failure to enforce any provision does not waive our right to enforce it later. Waivers must be written and signed.

18.5 Severability. If any part of these Terms is invalid or unenforceable, it will be enforced to the maximum extent possible; remaining parts stay in effect.

18.6 Interpretation. Section headers are for convenience. "Including" means "including but not limited to."

18.7 Privacy Policy Reference. Our data practices are detailed in the Privacy Policy, incorporated herein.

18.8 Additional Terms Reference. Use of specific features may be subject to posted Additional Terms, incorporated herein.

18.9 Electronic Communications Consent. Your consent is covered in Section 9.1.

18.10 Contact Details. The Service is offered by FlashOne.ai LLC. Contact us via email: legal@flashone.ai (legal matters) or support@flashone.ai (support).

18.11 Notice for California Users. California residents can reach the Complaint Assistance Unit of the Division of Consumer Services, Dept. of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or call (800) 952-5210 for complaints or service information.

18.12 Support Disclaimer. We have no obligation to provide customer support. Any support offered is governed by separate policies.

19. Notice Regarding Apple Platform

This section applies only to users of our iOS application. You acknowledge these Terms are between you and FlashOne.ai LLC only, not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content and has no obligation for maintenance or support. If the Service fails warranty conformance, you may notify Apple for a potential refund of the app purchase price (if any); Apple has no other warranty obligations. Apple isn't responsible for claims related to the Service (product liability, legal/regulatory non-conformance, consumer protection). Apple isn't responsible for investigating or settling third-party IP infringement claims related to your use/possession of the Service. Comply with relevant third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms, with the right to enforce them against you. You warrant you're not in a U.S. embargoed country or designated "terrorist supporting," nor on any U.S. Government prohibited/restricted party list.