Terms of Service

1.1 Service Provider

The service "Memly" is an AI-powered flashcard learning platform provided by Kazuki Masuda (hereinafter "Provider").

Address: Aoyama Marutake Building 6F, 3-1-36 Minami-Aoyama, Minato-ku, Tokyo 107-0062, Japan
Proprietor: Kazuki Masuda

1.2 Application of Terms

These Terms of Service ("Terms") establish the rights and obligations between users and the Provider regarding the use of Memly services (including all platforms: Web, iOS, and Android). By using the service, users are deemed to have agreed to these Terms.

1.3 Changes to Terms

The Provider may modify these Terms as necessary. Unless otherwise specified, the revised Terms will become effective upon being displayed on the service. Significant changes will be notified in advance via email or other means.

2.1 Account Registration

Account registration is required to use this service. Please provide accurate and current information during registration.

• Users under 13 years of age require parental consent
• For corporate use, registration must be done by an authorized representative
• Only one account per person is allowed

2.2 Account Security

Users must properly manage their account authentication information, including passwords, and must not disclose them to third parties. If unauthorized use of your account is suspected, please contact us immediately.

3.1 License Grant

The Provider grants users a non-exclusive, non-transferable right to use the service in accordance with these Terms. This right is limited to personal and non-commercial learning purposes.

3.2 Prohibited Actions

Users must not engage in the following actions.

• Actions that violate laws, these Terms, or public order and morals
• Actions that infringe on the Provider's or third parties' intellectual property rights
• Actions that interfere with the operation of the service
• Actions that cause inconvenience to other users
• Using the service for commercial purposes (except with our prior written consent)
• Reverse engineering, decompiling, or similar actions

4.1 User Input Data

Users retain all input data (text, PDF, audio, video, etc.) and associated intellectual property rights.

Users grant Memly a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, translate, create derivative works, and display such input for the purpose of providing, maintaining, and improving the service.

4.2 AI-Generated Output

User Warranty: Users warrant that such output is either (i) completely original or (ii) properly licensed.

Memly's Usage Rights: Memly retains a non-exclusive license to use, reproduce, improve, and make such output publicly available solely for service operation and improvement.

4.3 Use of Learning Data

4.4 Disclaimer on Copyright Establishment

4.5 Third-Party Rights Infringement

Users warrant that their input and output do not infringe on third-party intellectual property rights and will promptly notify Memly if infringement is suspected.

4.6 Deletion and Rights Infringement Response

Upon receiving claims from rights holders, Memly reserves the right to investigate and temporarily suspend or delete the relevant flashcards. Please refer to our copyright infringement policy for detailed procedures.

5.1 Pricing Structure

This service offers a free plan (Trial) and paid plans (Plus, Pro). Prices are displayed in USD and automatically renew monthly or annually.

5.2 Payment Methods

Payments on the web are made by credit card (Visa, Mastercard, JCB, American Express) and are securely processed through our payment processor, Stripe Inc. Purchases made from the iOS or Android apps are processed as in-app purchases through the Apple App Store or Google Play, respectively.

5.3 Refund Guarantee and Cancellation Policy

Note: This money-back guarantee applies to purchases made directly on our website (processed by Stripe). For purchases made through the Apple App Store or Google Play in-app purchase, refunds are governed by Apple's or Google's refund policies. Please request them through the respective store.

5.4 Plan Changes and Cancellation

Plan changes and cancellations can be made anytime through account settings. In case of cancellation, the service remains available until the next renewal date. No prorated refunds are provided.

6.1 20% Educational Institution Discount

Eligibility and Contract Structure:

• Faculty and staff at accredited educational institutions
• Teachers sign up on behalf of their students and share account information with them
• Direct applications from students are not accepted
• Limited to educational purposes only

How to Apply:

1. Send educational institution verification documents to support (admin@memly.ai)
2. Photo or scan of faculty/staff ID issued by the educational institution
3. Discount applied after verification (typically within 3 business days)
4. The teacher signs up and gives students access to the service

Terms of Use:

• One educational institution contract per teacher
• Cannot be combined with other discounts or campaigns
• 20% discount applies to all plans
• Regular rates apply at next renewal if teacher status changes
• Discount immediately revoked and service suspended if fraudulent documents are detected

Termination Conditions:

• May be terminated without notice at the Provider's discretion
• Plans purchased before termination are not affected
• Discount immediately revoked if Terms of Service violations are detected

6.2 Other Promotions

Limited-Time Campaigns:

• Individual campaigns have dedicated terms of use
• Discount rates, applicable periods, and eligible plans vary by campaign
• Special conditions and restrictions are announced on campaign pages or via email

Referral Program:

• Details announced separately when implemented
• Benefits may be provided to both referrer and referee
• Fraudulent use is prohibited; account suspension may result if detected

6.3 Important Notes on Promotion Use

7.1 Use of Cookies

We use cookies and similar technologies to provide, improve, and secure our services. Cookies are small text files that websites store on your device.

7.2 Types of Cookies

• Essential Cookies: Cookies essential for basic service functionality (maintaining login status, etc.)
• Functional Cookies: Cookies for enhanced functionality such as remembering user preferences and language settings
• Analytics Cookies: Cookies for analyzing and improving service usage (Google Analytics, etc.)

7.3 Cookie Management

You can refuse cookies through your browser settings, but this may prevent some features from functioning properly. Please refer to your browser's help section for details.

8.1 Legal Basis for Data Processing

We process personal data in accordance with applicable data protection laws based on the following legal grounds.

• Performance of contract (to provide services)
• Legitimate interests (to improve services and ensure security)
• Consent (for optional processing such as marketing)
• Legal obligations (when required by law)

8.2 International Data Transfers

To provide our services, we may transfer your data outside of Japan (to the US, EU, etc.). When transferring to countries without adequacy decisions, we implement appropriate safeguards such as standard contractual clauses.

8.3 Data Retention Period

• Account Information: 30 days after account deletion
• Learning Data: 90 days after account deletion
• Payment Information: As required by law (typically 7 years)
• Log Data: 2 years from collection

8.4 Your Rights

Under applicable laws, you have the following rights.

• Right of Access: Right to request disclosure of personal data we hold
• Right to Rectification: Right to request correction of inaccurate personal data
• Right to Erasure: Right to request deletion of personal data
• Right to Data Portability: Right to request transfer of data

9.1 Our Intellectual Property

Intellectual property rights (copyrights, trademarks, patents, etc.) related to this service belong to us or legitimate rights holders. Users must not infringe on these rights.

9.2 User Content

Intellectual property rights for content uploaded by users to this service remain with the users. However, we have the right to use such content to the extent necessary for service provision.

10.1 Service Provision

We provide this service "as is" and do not guarantee the completeness, accuracy, or usefulness of the service. We are not liable for damages resulting from service interruptions, suspensions, or terminations.

10.2 Limitation of Liability

Our liability, regardless of legal grounds including breach of contract or tort, is limited to the total amount of fees paid by the user to us in the preceding 12 months. We are not liable for indirect damages or lost profits.

10.3 Priority Application of Consumer Protection Laws

Consumer protection laws apply with priority in contracts between consumers and businesses.

• Invalidation of unfair contract terms
• Right of cancellation (cancellation due to misunderstanding or confusion)
• Cooling-off and other consumer protection provisions

Important: If any provision of these Terms conflicts with consumer protection laws, the consumer protection laws prevail.

11.1 Compliance with Export Control Laws

This service is provided in compliance with the export control laws of various countries.

• Technology Classification: This service is not subject to advanced technology export restrictions
• Encryption Technology: The encryption technology used is at a general commercial level and does not require special export permits
• AI Technology: Educational support AI functions that do not include technology that could be diverted to military use

11.2 Restrictions on Sanctioned Countries and Regions

Service use is restricted from the following countries and regions.

• Countries sanctioned by the US Treasury Department's Office of Foreign Assets Control (OFAC)
• Countries and regions regulated under Japan's Foreign Exchange and Foreign Trade Act
• EU sanctioned countries and regions
• Other countries and regions subject to international sanctions and embargoes

Sanctioned targets change according to government policies; please check the latest sanctions lists.

11.3 User Obligations

Users agree to and are required to comply with the following.

• Prohibition of access and use from sanctioned countries and regions
• Prohibition of use by sanctioned individuals and organizations
• Prohibition of use for military purposes, terrorist activities, or other illegal acts
• Compliance with re-export restrictions on service technology and data

12.1 Apple App Store Auto-Renewable Subscriptions

Paid plans for Memly on iOS are offered as auto-renewable subscriptions through the Apple App Store. The following terms apply.

• Payment will be charged to your Apple ID account at confirmation of purchase
• The subscription automatically renews unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• If you purchase a subscription during a free trial, the unused portion of the trial will be forfeited

12.2 Managing and Cancelling on the Apple App Store

1. Open the Settings app on your iPhone
2. Tap your name (Apple ID)
3. Tap "Subscriptions"
4. Select Memly and tap "Cancel Subscription"

12.3 Google Play Auto-Renewable Subscriptions

Paid plans for the Android version of Memly are offered as auto-renewable subscriptions through Google Play. The following conditions apply.

• Payment is charged to your Google account upon confirmation of purchase
• Subscriptions renew automatically unless cancelled before the end of the current period
• The renewal fee is charged to your account at the end of the current period

12.4 Managing and Cancelling on Google Play

1. Open the Google Play Store app
2. Tap your profile icon, then "Payments & subscriptions"
3. Tap "Subscriptions"
4. Select Memly and tap "Cancel subscription"

12.5 Common Notes

13.1 How to Delete Your Account

You may delete your account and terminate your use of the service at any time through the following methods.

• In-app: Settings > Account > Delete Account
• Email: Send a deletion request to admin@memly.ai

13.2 Effects of Deletion

14.1 License Scope

The Provider grants you a revocable, non-exclusive, non-transferable, limited license to use the Application on Apple-branded devices that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions.

14.2 Maintenance and Support

The Provider is solely responsible for providing maintenance and support services for the Application. Apple Inc. has no obligation whatsoever to furnish any maintenance or support services.

14.3 Third-Party Beneficiary

14.4 Product Claims

The Provider, not Apple, is responsible for addressing any claims relating to the Application, including but not limited to product liability claims, any claim that the Application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation.

14.5 Intellectual Property Claims

In the event of any third-party claim that the Application infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Japan. If there are mandatory provisions such as consumer protection laws, those provisions prevail.

15.2 Jurisdiction

Disputes relating to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. However, this does not apply if jurisdiction is recognized in the consumer's place of residence under consumer protection laws.