Terms of Use

Introduction

FluentFlash, Inc. (“FluentFlash,” “we,” “us,” or “our”) provides a web-based flashcard and study platform accessible via fluentflash.com and associated mobile and progressive web applications (collectively, the “Services”). The Services include AI-powered flashcard generation, spaced repetition study modes (FSRS), and related educational content. By accessing or using the Services, you agree to be bound by these Terms of Use (the “Terms”). Please review them carefully before using our Services.

Eligibility

You must be at least 13 years old and legally able to enter into contracts in your jurisdiction to use the Services. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Services and that they have reviewed and agreed to these Terms. Organizations (such as schools, companies, or groups) using the Services must have authorized representatives who can bind the entity to this agreement.

1. Use of Services

FluentFlash grants you a limited, revocable, non-exclusive, non-assignable right and license to access and use the Services subject to these Terms. We reserve the right to suspend or revoke access at any time, with or without notice, for any reason, including violation of these Terms. No implied licenses exist beyond what is explicitly stated here.

2. User Content

You hold complete responsibility for the flashcards, decks, notes, documents (including PDFs you upload), and any other content you create or provide through the Services (“User Content”). You represent that you have all necessary rights to your User Content and that it does not violate any laws, regulations, or third-party rights.

You grant FluentFlash a non-exclusive, worldwide, royalty-free license to store, process, transfer, modify, and display your User Content solely as necessary to deliver the Services you request. For any content you choose to make publicly available (such as publicly shared decks), you grant FluentFlash a non-exclusive, worldwide, perpetual, irrevocable, sublicensable right and license to reproduce, modify, distribute, publicly perform, and publicly display such Public Content for the purposes of operating and promoting the Services.

You agree to defend and indemnify FluentFlash against third-party claims arising from your User Content.

3. AI-Generated Content

The Services include features that use artificial intelligence (specifically Anthropic Claude models) to generate flashcards, explanations, and study material from inputs you provide. You acknowledge that:

• AI-generated content may contain errors, inaccuracies, or outdated information. You are responsible for reviewing and verifying AI-generated content before relying on it for study, exams, or any other purpose.
• FluentFlash makes no representations about the accuracy, completeness, or suitability of AI-generated content for any particular purpose, including but not limited to academic, professional, or medical use.
• You should not rely on AI-generated content as professional advice (legal, medical, financial, or otherwise). Always consult qualified professionals for important decisions.
• FluentFlash may use your inputs (such as text you paste for card generation) to deliver the requested AI features and to improve our Services, subject to our Privacy Policy.

4. Third-Party Authentication

You may choose to sign in using third-party authentication providers such as Google, Apple, or others supported by our authentication partner (Clerk). By doing so, you authorize FluentFlash to access limited information from the third-party provider per their privacy policy and your settings with them.

5. Third-Party Services Disclaimer

FluentFlash is not responsible for third-party services, including authentication providers, payment processors (Stripe, if applicable), AI model providers (Anthropic), analytics providers (PostHog, Google Analytics), or any external websites or resources our content may link to. You must review these providers' separate terms and privacy policies. We bear no responsibility for their accuracy, availability, reliability, or compliance practices.

6. Prohibited Practices

You agree not to:

• Infringe intellectual property rights of others (including by uploading copyrighted material without permission)
• Violate any applicable laws or regulations
• Post harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene content
• Use the Services to generate content promoting violence, illegal activity, or harm to others
• Compromise account security or attempt to access other users' accounts
• Collect personal information about other users without authorization
• Attempt to bypass rate limits, usage quotas, or subscription gating
• Send spam or unsolicited communications through the Services
• Use robots, spiders, scrapers, or crawlers to collect content from the Site
• Copy substantial portions of our content for competitive purposes
• Reverse engineer, decompile, or attempt to derive source code
• Use the Services for benchmarking against competing products
• Impersonate others or misrepresent your affiliation with any person or entity
• Create derivative works of FluentFlash's content or code without permission
• Interfere with or disrupt the integrity or performance of the Services

Violations may result in immediate termination of your account without notice.

7. Subscriptions and Payment

The Services include a free tier and may include paid subscription tiers (currently Plus and Lifetime). Paid subscriptions are billed in advance on a recurring basis (monthly or annually) unless you cancel, or as a one-time payment for Lifetime access. You may cancel at any time through your account settings. Cancellation takes effect at the end of your current billing period. Refunds are provided at our sole discretion and in accordance with applicable consumer protection laws.

Pricing is subject to change with advance notice. Continued use of paid features after a price change constitutes acceptance of the new pricing.

8. Modification of Terms

FluentFlash may modify these Terms at any time by posting updated versions with new effective dates on the Site or via email or in-app notifications. Your continued use of the Services after updates constitutes acceptance of the revised Terms.

9. Feedback

If you provide feedback, suggestions, ideas, or comments about the Services, you grant FluentFlash a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable, perpetual, worldwide right and license to use such feedback for any purpose, provided that we do not identify you personally in connection with it.

10. Mobile App Terms

If you access the Services through a mobile app distributed via the Apple App Store or Google Play Store, these Terms are between you and FluentFlash, not Apple Inc. or Google LLC. Apple and Google disclaim all responsibility for service content, warranties, maintenance, claims, liability, and compliance. Both are third-party beneficiaries with enforcement rights. You must comply with the applicable App Store and Google Play Terms of Service in addition to these Terms.

11. Warranty Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED BY FLUENTFLASH ON AN “AS IS” AND “AS AVAILABLE” BASIS.

FluentFlash disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, suitability, accuracy, and non-infringement. We make no representations that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, nor that AI-generated content will be accurate or complete.

FluentFlash is an educational technology platform only. The Services are not a substitute for qualified educational, medical, legal, financial, or other professional advice.

12. Limitation of Liability

Exclusion of Consequential Damages: To the fullest extent permitted by law, neither party shall be liable for special, incidental, indirect, or consequential damages, including lost business, revenue, profits, goodwill, or data.

Damage Caps:FluentFlash's aggregate liability shall not exceed $500 or the fees you paid to FluentFlash in the preceding twelve months, whichever is greater. FluentFlash bears no liability for third-party acts or omissions.

These limitations are fundamental to the agreement and apply to the fullest extent permitted by law.

13. Termination

Either party may terminate this agreement at any time. You may terminate by discontinuing use of the Services and deleting your account. FluentFlash may terminate by blocking access or providing notice. Provisions that by their nature should survive termination (including intellectual property rights, warranty disclaimers, limitations of liability, and dispute resolution) will remain effective.

14. Independent Contractors

The parties maintain an independent contractor relationship. Neither party can bind the other or incur obligations on its behalf.

15. Force Majeure

Performance obligations (except payment) are excused if prevented by causes beyond reasonable control, including acts of God, civil or military authority, riots, war, strikes, pandemics, or infrastructure outages. The affected party must resume performance as soon as reasonably possible.

16. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles.

Informal Resolution Required: Before filing any formal proceeding, the parties agree to first attempt to resolve the dispute informally by contacting each other in good faith. If unresolved after 60 days, disputes proceed to binding arbitration.

Arbitration Terms:The American Arbitration Association's Consumer Arbitration Rules apply. One arbitrator presides in English. Awards are final and binding, enforceable in any competent court.

Exceptions: This provision does not prevent either party from seeking preliminary injunctions or equitable relief, nor does it prevent users from pursuing small claims court actions in their home county.

Class Action Waiver: Disputes must be resolved individually, not as part of any class action, collective action, or representative proceeding.

Contact

Questions about these Terms? Contact us at [email protected].