Terms of Service

1. Acceptance of Terms

Welcome to MemoSwift! By accessing or using MemoSwift ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Services

MemoSwift is a comprehensive learning platform that provides:

Core Features

• Flashcard System: Create, study, and share digital flashcard sets
• AI-Powered Learning: Personalized study assistance with AI tutors
• MemoTV Study Rooms: Live collaborative study sessions with video chat
• Gamification: XP system, achievements, leagues, and rewards
• Progress Tracking: Detailed analytics and study statistics
• Social Features: Follow friends, join study groups, share sets

Platform Availability

MemoSwift is available as:

• Web application (desktop and mobile browsers)
• Mobile apps (iOS and Android)
• API for developers

3. User Accounts

Account Creation

To use certain features of MemoSwift, you must create an account by providing:

• A valid email address
• A unique username
• A secure password
• Accurate profile information

Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and up-to-date

4. Subscriptions and Payments

Subscription Plans

Billing Terms

• Free Trial: New users receive a 7-day free trial of Plus features
• Payment Processing: All payments are processed securely through Stripe
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Refunds: We offer refunds within 14 days of purchase for annual plans
• Student Discount: 30% off for verified students with .edu email
• Currency: All prices are in USD unless otherwise specified

Cancellation Policy

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You retain access until the end of your current billing period
• Your data remains accessible if you resubscribe
• No partial refunds for unused time

5. User Content

Content Ownership

You retain ownership of all content you create on MemoSwift, including:

• Flashcard sets and study materials
• Notes and comments
• Profile information and photos
• Study room recordings (if enabled)

Content License

By uploading content to MemoSwift, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, display, and distribute your content on the platform
• Make backups and archives
• Enable sharing features as per your privacy settings
• Improve our services through anonymized analytics

Prohibited Content

You may not upload or share content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains malware, viruses, or harmful code
• Is obscene, offensive, or inappropriate for minors
• Promotes academic dishonesty or cheating
• Contains personal information of others without consent

6. Rules of Conduct

Community Guidelines

MemoSwift is a learning community. All users must:

• Treat others with respect and kindness
• Use appropriate language in all communications
• Respect intellectual property rights
• Maintain academic integrity
• Report inappropriate behavior or content

Prohibited Activities

Users may not:

• Harass, bully, or threaten other users
• Impersonate others or create fake accounts
• Use automated scripts or bots without permission
• Attempt to hack or compromise the service
• Share or sell account access
• Violate any applicable laws or regulations
• Circumvent subscription limits or payment requirements

MemoTV Study Rooms Guidelines

When using video study rooms:

• Maintain appropriate appearance and background
• No recording without consent of all participants
• Keep conversations focused on studying
• Report inappropriate behavior immediately
• Respect privacy of other participants

7. Privacy and Data Protection

Data Collection

We collect and process data in accordance with our Privacy Policy, including:

• Account information (email, username, profile)
• Study activity and progress data
• Usage analytics and performance metrics
• Communication preferences
• Payment information (processed by Stripe)

GDPR Compliance

For users in the European Union, we comply with GDPR requirements:

• Right to Access: Request a copy of your personal data
• Right to Rectification: Correct inaccurate personal data
• Right to Erasure: Request deletion of your data
• Right to Portability: Export your data in a portable format
• Right to Object: Opt-out of certain data processing

CCPA Compliance

For California residents, we comply with CCPA requirements:

• Right to know what personal information is collected
• Right to delete personal information
• Right to opt-out of the sale of personal information
• Right to non-discrimination

8. Intellectual Property

MemoSwift Property

The following are property of MemoSwift/SwiftSpark LLC:

• The MemoSwift name, logo, and branding
• Platform design and user interface
• Proprietary algorithms and AI models
• Marketing materials and content
• Source code and technical infrastructure

User Rights

You may:

• Create and share original study materials
• Use MemoSwift's features for personal educational purposes
• Export your own content at any time
• Share content according to your privacy settings

Copyright Infringement

If you believe content on MemoSwift infringes your copyright, please contact us with:

• Description of the copyrighted work
• Location of the infringing content
• Your contact information
• A statement of good faith belief

9. API Usage

Developer Access

Developers using the MemoSwift API must:

• Register for API credentials
• Comply with rate limits and usage quotas
• Not attempt to reverse engineer the service
• Attribute MemoSwift in their applications
• Follow our API documentation and guidelines

API Restrictions

• Maximum 1000 requests per hour (Free tier)
• Maximum 10,000 requests per hour (Paid tiers)
• No storing or caching user credentials
• No competing services using our API

10. Termination

Voluntary Termination

You may close your account at any time through account settings. Upon closure:

• Your profile will be deactivated
• Personal data will be deleted per our retention policy
• Shared content may remain visible to others
• You can request data export before closure

Involuntary Termination

We may suspend or terminate accounts that:

• Violate these Terms of Service
• Engage in fraudulent activities
• Harm other users or the platform
• Remain inactive for over 24 months

11. Disclaimers and Limitations

Service Disclaimer

MemoSwift is provided "as is" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free service
• Accuracy of AI-generated content
• Academic outcomes or success
• Compatibility with all devices or browsers

Educational Disclaimer

Limitation of Liability

To the maximum extent permitted by law, MemoSwift shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of data or profits
• Service interruptions or downtime
• Third-party content or actions

Indemnification

You agree to indemnify and hold harmless MemoSwift, its officers, directors, employees, and agents from any claims arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party

12. Changes to Terms

We may update these Terms of Service from time to time. When we do:

• We will notify you via email or in-app notification
• The "Effective Date" at the top will be updated
• Continued use constitutes acceptance of new terms
• Major changes will require explicit consent

You can always view the current Terms of Service at memoswift.com/terms

13. Contact Information