Terms of Service

Effective Date: December 15, 2024

Note: These Terms of Service also serve as the End User License Agreement (EULA) for the MemoryTrap mobile application. By using the App, you agree to both the terms of service and the software license contained herein.

1. Acceptance of Terms

By downloading, installing, or using the MemoryTrap mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

MemoryTrap is an AI-powered mobile application that allows users to create flashcards from screenshots and images. The App uses artificial intelligence to extract text and generate study materials, incorporating spaced repetition algorithms to optimize learning.

3. User Accounts

3.1 Account Creation

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. Acceptable Use

4.1 Permitted Use

You may use the App for personal, educational, and non-commercial purposes in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

  • Use the App for any unlawful purpose or in violation of any applicable laws
  • Upload or process copyrighted material without proper authorization
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Use the App to create content that is harmful, offensive, or inappropriate
  • Interfere with or disrupt the App's functionality or servers
  • Create multiple accounts to circumvent limitations or restrictions

5. Intellectual Property Rights

5.1 Our Rights

The App and its original content, features, and functionality are owned by MemoryTrap and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content

You retain ownership of any content you upload to the App. By using the App, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the App's functionality.

5.3 AI-Generated Content

Flashcards and study materials generated by our AI from your uploaded content are provided for your personal use. You are responsible for ensuring you have the right to use any source material you upload.

5.4 Software License

MemoryTrap grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the MemoryTrap mobile application on your personal devices solely for your personal, non-commercial use in accordance with these Terms. This license does not grant you any rights to:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App for any commercial purpose without our express written consent

This license is effective until terminated by you or us. We may terminate this license at any time if you breach these Terms.

6. AI Processing and Consent

By using MemoryTrap, you consent to the processing of your uploaded images and content through artificial intelligence systems for the purpose of creating flashcards and study materials. This processing may involve:

  • Optical Character Recognition (OCR) to extract text from images
  • Natural Language Processing to generate questions and answers
  • Content analysis to optimize learning materials

7. Subscriptions and Payments

7.1 Premium Features

Certain features of the App may require a paid subscription. Subscription fees are charged in advance and are non-refundable except as required by law.

7.2 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage your subscription through your device's app store settings.

7.3 Free Trial

We may offer free trials for premium features. If you do not cancel before the trial ends, you will be charged for the subscription.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the App, to understand our practices regarding the collection and use of your information.

9. Service Availability

We strive to provide reliable service, but we do not guarantee that the App will be available at all times. The App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

10. Disclaimers and Limitation of Liability

10.1 Disclaimers

The App is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

10.2 Limitation of Liability

To the maximum extent permitted by law, we 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.

11. Indemnification

You agree to indemnify and hold harmless MemoryTrap and its affiliates from any claims, damages, or expenses arising from your use of the App or violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting the App and ceasing all use of our services.

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms in the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MemoryTrap regarding the use of the App.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@memorytrap.com
Legal Inquiries: support@memorytrap.com