Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Surge Flashcards LLC ("Company," "we," "us," or "our"). By accessing or using the Surge Flashcards mobile application, website, or any associated services (collectively, the "Service" or "Platform"), you ("User," "you," or "your") enter into a legally binding agreement with Surge Flashcards LLC.

1.1 Legal Agreement

These Terms constitute a legally binding contract between you and Surge Flashcards LLC, governing your access to and use of our Platform. This agreement supersedes all prior agreements, communications, and proposals between you and us.

1.2 Amendments

We reserve the right to modify, amend, or update these Terms at any time. Material changes will be communicated through:

• In-app notifications
• Email notifications to your registered email address
• Prominent notices on our website or app
• Updates to the "Last Updated" date at the top of this document

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modifications, you must discontinue use of the Service immediately.

2. Description of Service

Surge Flashcards LLC is a comprehensive digital learning platform designed to enhance educational outcomes through technology. Our Service includes, but is not limited to:

• Flashcard Creation & Management: Create, edit, organize, and study digital flashcards
• AI-Powered Content Generation: Utilize artificial intelligence to generate educational content
• Quiz & Assessment Tools: Multiple quiz formats including multiple-choice and typed-answer questions
• Study Tracking & Analytics: Monitor progress, streaks, and performance metrics
• Team Collaboration: Share decks and collaborate with teams
• Interactive Learning Games: Gamified learning experiences (e.g., Surge Storm)
• Progress Monitoring: Track study time, accuracy, and achievement badges
• Credit System: Purchase or earn credits for premium features

3. Eligibility and Account Registration

3.1 Age Requirements and Parental Consent

Minimum Age: You must be at least 13 years old to use our Service. This complies with the Children's Online Privacy Protection Act (COPPA).

Minor Users (Ages 13-17): Users between 13 and 17 years of age must obtain verifiable written consent from a parent or legal guardian before creating an account. By using our Service as a minor, you represent that you have obtained such consent.

Parental Responsibility: Parents or legal guardians who provide consent are responsible for supervising their minor's use of the Service and for all activities under the minor's account.

3.2 Account Creation Requirements

To access certain features of our Service, you must create an account by providing:

• A valid email address
• A secure password meeting our security requirements
• Accurate and truthful account information
• Acceptance of these Terms and our Privacy Policy

3.3 Account Security and Responsibility

You are solely responsible for:

• Confidentiality: Maintaining the confidentiality of your login credentials
• Account Activity: All activities conducted under your account, whether authorized or unauthorized
• Unauthorized Access: Immediately notifying us of any suspected unauthorized access or security breach
• Account Information: Ensuring your account information remains current, accurate, and complete

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 One Account Per Person Policy

STRICTLY PROHIBITED: Creating or maintaining multiple accounts. Each person may create and maintain ONLY ONE (1) account. Creating multiple accounts to:

• Circumvent usage limits or restrictions
• Gain additional free credits or trials
• Access features beyond your subscription tier
• Manipulate our systems or policies

...is strictly prohibited and will result in immediate termination of all associated accounts without refund.

3.5 Business and Educational Accounts

Organizations, schools, or businesses wishing to create accounts for multiple users must contact us for appropriate licensing arrangements. Unauthorized use of personal accounts for commercial purposes is prohibited.

4. Credit System, Subscription Plans, and Payment Terms

4.1 Credit-Based System Overview

Our Service operates on a dual credit system:

Credit Type	Description	Expiration	Deduction Priority
Subscription Credits	Monthly allowance from paid subscriptions	Reset at the end of each billing cycle	1st (used first)
Purchased Credits	One-time credit purchases that roll over	After 1 year of account inactivity	2nd (used after subscription credits)

IMPORTANT: Credits are consumed when generating AI content (flashcards, quiz questions, topic suggestions). All credits are:

• Non-transferable between accounts
• Non-refundable under any circumstances
• Non-sharable between users
• Subject to expiration as described above

4.2 Subscription Tiers and Plans

We offer multiple subscription tiers designed to meet varying educational needs:

• Free Tier: Limited features and credits for basic use
• Paid Tiers: Enhanced features, increased credits, ad-free experience, and priority support

Feature availability, credit allocations, and pricing are subject to change with 30 days' advance written notice. Changes do not affect existing subscription terms until renewal.

4.3 Credit Usage, Expiration, and Activity-Based Rules

Credit Deduction: Credits are deducted automatically when you:

• Generate AI flashcard decks
• Request AI-powered quiz question generation
• Use AI topic suggestion features
• Access other premium AI-powered features

Purchased Credit Expiration Policy: Purchased credits (one-time purchases) expire after 1 YEAR OF CONTINUOUS INACTIVITY on your account. Activity includes:

• Logging into the app or website
• Generating flashcard decks or quizzes
• Studying existing flashcards
• Taking quizzes or playing games
• Any other meaningful interaction with the Service

Each activity resets the 1-year inactivity timer. We are not responsible for lost or expired credits due to inactivity.

4.4 Billing, Payment, and Payment Processing

Billing Cycle: Subscription fees are billed in advance on either a monthly or annual basis, depending on your selected plan.

Payment Processing by Stripe: All payment processing is handled by Stripe, Inc., a third-party payment processor. We do NOT store, process, or have access to your complete credit card information. By providing payment information, you agree to Stripe's Terms of Service and Privacy Policy.

Authorized Charges: By subscribing, you authorize us (and our payment processor, Stripe) to:

• Charge your designated payment method for all recurring subscription fees
• Charge for one-time credit purchases
• Automatically renew your subscription unless cancelled before the renewal date
• Update payment methods automatically if provided by your card issuer

Price Changes: We reserve the right to modify subscription pricing. You will receive at least 30 days' advance notice of price changes. Price changes take effect at your next billing cycle. If you do not agree to the new pricing, you may cancel your subscription before the renewal date.

Taxes: All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.), which will be added to your invoice where required by law.

4.5 Refund Policy

NO REFUNDS: All fees paid for subscriptions and credit purchases are non-refundable, except as:

• Expressly required by applicable law (e.g., EU consumer protection laws)
• Authorized in writing by Surge Flashcards LLC on a case-by-case basis
• Resulting from a billing error on our part

Partial Period Refunds: No refunds will be provided for partial billing periods if you cancel mid-cycle. You will retain access to paid features through the end of your current billing period.

4.6 Subscription Cancellation

How to Cancel: You may cancel your subscription at any time through:

• Your account settings in the app
• Contacting our support team
• Following cancellation instructions in your subscription confirmation email

Effect of Cancellation: Cancellation takes effect at the end of your current billing period. You will:

• Retain access to paid features until the end of the billing period
• Not receive a refund for the unused portion of your subscription
• Lose unused subscription credits at the end of the billing period (they do not roll over)
• Revert to the Free Tier after the billing period expires

4.7 Failed Payments and Account Suspension

If a payment fails (due to insufficient funds, expired card, etc.):

• We will attempt to process payment up to 3 times
• You will receive email notifications of payment failures
• Your account may be downgraded to Free Tier if payment is not resolved within 7 days
• Access to paid features will be suspended until payment is successful

4.8 Feature Availability and Service Changes

5. AI-Generated Content: Disclaimers and Limitations

5.1 Nature of AI Technology

Our Service utilizes third-party AI providers (including but not limited to Anthropic's Claude and xAI's Grok models) to generate educational content. AI technology:

• Is not infallible and can produce incorrect or misleading information
• May generate content based on outdated training data
• Can misinterpret context or generate nonsensical responses
• May inadvertently reproduce biased or culturally insensitive content
• Cannot replace human expertise, judgment, or professional advice

5.2 User Verification Requirement

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR:

• Verifying the accuracy, completeness, and appropriateness of ALL AI-generated content before use
• Cross-referencing information with multiple reliable, authoritative sources
• Consulting qualified professionals or subject matter experts when necessary
• Determining the suitability of content for your specific educational needs
• Ensuring content complies with applicable laws, regulations, and ethical standards

We strongly recommend independent verification through textbooks, peer-reviewed sources, academic databases, and qualified educators.

5.3 Express Disclaimer of Warranties for AI Content

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO:

• Warranties of accuracy, correctness, or truthfulness
• Warranties of completeness or comprehensiveness
• Warranties of reliability, timeliness, or currentness
• Warranties of fitness for a particular educational purpose
• Warranties of merchantability or non-infringement

USE AI-GENERATED CONTENT ENTIRELY AT YOUR OWN RISK.

5.4 No Liability for Educational Outcomes

WE ARE NOT RESPONSIBLE OR LIABLE FOR:

• Educational outcomes, test scores, exam results, or academic performance
• Misinformation or errors in AI-generated content
• Learning delays, academic setbacks, or educational harm
• Professional, academic, or career consequences resulting from use of inaccurate content
• Decisions made based on AI-generated information

You assume all risks associated with relying on AI-generated educational content.

5.5 AI Service Availability and Limitations

AI services may be unavailable or degraded due to:

• Third-party AI provider outages or rate limits
• High demand or server capacity issues
• Technical problems, bugs, or system failures
• Scheduled or emergency maintenance
• Changes to third-party AI provider terms or pricing

We do not guarantee AI service availability, reliability, or performance. We are not liable for any content generation failures, delays, or quality issues.

5.6 Measurement Units and Temperature Scales

AI-generated content involving measurements or temperatures may include both Imperial/English and Metric systems, as well as Fahrenheit and Celsius scales, to serve a diverse user base. Users are responsible for verifying the correctness and relevance of units for their specific needs.

6. Acceptable Use Policy and Prohibited Conduct

6.1 Permitted Uses

You may use our Service for lawful purposes, including:

• Creating, organizing, and studying flashcards for personal education
• Taking quizzes and assessments to test your knowledge
• Tracking your learning progress and study habits
• Sharing appropriate educational content with others
• Collaborating with teams for educational purposes
• Playing interactive learning games

6.2 Prohibited Uses and Conduct

You expressly agree NOT to:

6.2.1 Legal and Regulatory Violations

• Violate any applicable local, state, national, or international law or regulation
• Engage in any conduct that could constitute a criminal offense or give rise to civil liability
• Use the Service for any unlawful, fraudulent, or malicious purpose

6.2.2 Intellectual Property Violations

• Infringe upon or violate any intellectual property rights (copyrights, trademarks, patents, trade secrets)
• Upload, share, or distribute copyrighted material without authorization
• Plagiarize or misappropriate others' work
• Reverse engineer, decompile, or disassemble any part of our Platform

6.2.3 Harmful or Offensive Content

• Upload, post, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable
• Distribute content promoting violence, hatred, discrimination, or harm against individuals or groups
• Share sexually explicit, pornographic, or age-inappropriate material
• Post content containing viruses, malware, or malicious code

6.2.4 System Abuse and Security Violations

• Attempt to hack, breach, bypass, or compromise our security measures
• Access or attempt to access accounts, data, or systems not authorized to you
• Use automated tools, bots, scripts, or spiders to scrape or access our Service without express written permission
• Introduce viruses, worms, Trojan horses, or other malicious code
• Attempt to overwhelm, disable, or impair our servers or networks (e.g., DDoS attacks)
• Probe, scan, or test vulnerabilities in our systems

6.2.5 Account and Credential Abuse

• Share, sell, rent, or transfer your account credentials to others
• Allow multiple individuals to use a single account
• Create multiple accounts to circumvent usage limits or subscription restrictions
• Impersonate another person or entity, or falsely claim affiliation with any person or organization

6.2.6 System Gaming and Exploitation

6.2.7 Interference with Other Users

• Interfere with or disrupt other users' enjoyment or use of the Service
• Harass, bully, stalk, or threaten other users
• Spam or send unsolicited communications to other users

6.3 Content Standards and User-Generated Content

All user-generated content (flashcards, decks, comments, etc.) must be:

• Accurate and Truthful: Not intentionally misleading, false, or deceptive
• Respectful of IP Rights: Not infringing on copyrights, trademarks, or other intellectual property
• Legally Compliant: Compliant with all applicable laws and regulations
• Appropriate: Not harmful, offensive, obscene, or inappropriate for an educational platform

6.4 Monitoring and Enforcement

We reserve the right (but are not obligated) to:

• Monitor user activity and content for compliance with these Terms
• Remove or modify content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal activity to law enforcement authorities
• Cooperate with legal investigations and court orders

6.5 Reporting Violations

If you become aware of any content or conduct that violates these Terms, please report it immediately to support@surgeflashcards.com. We take violations seriously and will investigate all reports.

7. Intellectual Property Rights

7.1 Our Intellectual Property

Surge Flashcards LLC retains all rights, title, and interest in and to:

• Platform and Software: The Surge Flashcards application, website, and all underlying technology, software, code, and architecture
• Proprietary Technology: Algorithms, processes, methods, and systems developed by us
• Branding: Trademarks, service marks, trade names, logos, and brand identities, including "Surge Flashcards," "Surge Storm," and all related marks
• Content: Text, graphics, images, audio, video, and other content we create or license
• Design Elements: User interface designs, layouts, and visual elements

All rights not expressly granted to you in these Terms are reserved by Surge Flashcards LLC.

7.2 Your Intellectual Property and License to Us

Content Ownership: You retain full ownership of all content you create through our Service, including flashcards, decks, quizzes, and other user-generated content.

License Grant to Us: By creating content on our Platform, you grant Surge Flashcards LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Store, process, reproduce, and display your content to provide and maintain the Service
• Transmit and distribute your content when you choose to share it with other users or teams
• Use aggregated, anonymized, and de-identified data derived from your content for service improvement, analytics, and research
• Create backups and derivative works as necessary to provide the Service

Limitations on Our License:

• We will not sell your content to third parties
• We will not use your personally identifiable content for advertising without your consent
• We will comply with your privacy settings and content sharing preferences

7.3 AI-Generated Content Ownership

Content generated using artificial intelligence through our Platform may be subject to the terms and conditions of the AI provider (e.g., Anthropic, xAI). We make no claims of ownership over AI-generated content. To the extent permissible, you own content generated for you, but you acknowledge:

• AI providers may impose restrictions on commercial use
• AI-generated content may not be eligible for copyright protection in some jurisdictions
• Similar or identical content may be generated for other users

7.4 Third-Party Content and Licenses

Our Service may include content licensed from third parties. Such content remains the property of its respective owners and may be subject to separate license terms.

7.5 Copyright Infringement and DMCA Policy

We respect intellectual property rights and expect our users to do the same. If you believe content on our Platform infringes your copyright, please send a DMCA takedown notice to legal@surgeflashcards.com with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Platform
• Your contact information (name, address, phone, email)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act
• Your physical or electronic signature

Repeat Infringers: We may terminate accounts of users who repeatedly infringe intellectual property rights.

8. Privacy and Data Protection

Your privacy is critically important to us. Our collection, use, storage, and protection of your personal information is governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Points:

• Data Collection: We collect data necessary to provide and improve our Service
• Third-Party Services: We use Supabase (database), Firebase (hosting), Stripe (payments), and AI providers (content generation)
• Payment Security: We do NOT store your credit card information - all payment processing is handled securely by Stripe
• Data Protection: We implement industry-standard security measures to protect your data
• Your Rights: You have rights to access, correct, export, and delete your personal data (subject to legal limitations)
• GDPR/CCPA Compliance: We comply with applicable data protection laws including GDPR and CCPA

By using our Service, you consent to the data practices described in our Privacy Policy. Please review the Privacy Policy carefully to understand how we handle your information.

9. Disclaimers, Warranties, and Service Limitations

9.1 Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability: No warranty that the Service is fit for commercial use
• Fitness for Purpose: No warranty that the Service meets your specific educational needs
• Non-Infringement: No warranty that use of the Service will not infringe third-party rights
• Accuracy: No warranty regarding the accuracy, reliability, or completeness of content
• Uninterrupted Service: No warranty of continuous, uninterrupted, or error-free operation
• Security: No warranty that the Service is free from viruses, malware, or security vulnerabilities
• Results: No warranty of specific educational outcomes, test scores, or learning achievements

9.2 Service Availability and Interruptions

While we strive to maintain high availability, we do not guarantee uninterrupted access to our Service. The Service may be unavailable due to:

• Scheduled or emergency maintenance and updates
• Server outages, hardware failures, or technical problems
• Third-party service provider issues (Supabase, Firebase, AI providers, etc.)
• Network connectivity problems or internet service disruptions
• Cyber attacks, security incidents, or force majeure events
• Legal or regulatory requirements

We are not liable for any service interruptions, downtime, or resulting data loss.

9.3 Educational Content and Outcomes

CRITICAL DISCLAIMER: Our Service is designed as a supplemental educational tool, not a replacement for formal education, qualified instruction, or professional expertise.

We do not guarantee or warrant:

• The accuracy, completeness, or currency of any educational content
• That use of our Service will result in improved test scores or academic performance
• That our Service is suitable for any particular educational curriculum or standard
• That content is appropriate for all age groups, learning levels, or educational contexts
• Any specific educational, professional, or career outcomes

Users are responsible for:

• Verifying the accuracy and appropriateness of all content for their needs
• Consulting qualified educators, tutors, or subject matter experts
• Using our Service as a supplement to, not replacement for, comprehensive study
• Understanding that educational success depends on individual effort and various external factors

9.4 Third-Party Services and Dependencies

Our Service relies on various third-party providers:

Service	Provider	Purpose
Database & Authentication	Supabase	Data storage and user authentication
Web Hosting	Firebase (Google)	Web app hosting and deployment
Payment Processing	Stripe, Inc.	Subscription and credit purchase processing
AI Content Generation	Anthropic (Claude), xAI (Grok)	AI-powered flashcard and quiz generation
Advertising (Free Tier)	InfoLinks, Unity Ads	Ad serving and monetization

We are not responsible for the performance, availability, security, or policies of these third-party services. Issues with third-party providers may affect our Service, and we are not liable for any resulting disruptions or damages.

9.5 No Guaranteed Results or Outcomes

9.6 User Responsibility and Assumption of Risk

BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

• You use the Service entirely at your own risk
• You are responsible for evaluating the suitability of content for your needs
• You will not rely solely on our Service for critical educational decisions
• You understand the limitations of AI-generated content
• You accept full responsibility for your educational outcomes

10. Limitation of Liability

10.1 Types of Damages Excluded

THE SURGE PARTIES SHALL NOT BE LIABLE FOR:

10.1.1 Indirect and Consequential Damages

• Indirect, incidental, special, consequential, or punitive damages of any kind
• Loss of profits, revenue, business, or anticipated savings
• Loss of data, information, or content (including flashcards, decks, or user-generated content)
• Loss of educational opportunities, academic advancement, or career prospects
• Loss of goodwill or reputation

10.1.2 Educational and Academic Damages

• Poor test scores, exam failures, or academic performance issues
• Educational setbacks, delays, or missed opportunities
• Costs of retaking courses, exams, or certifications
• Academic probation, suspension, or dismissal
• Denial of admission to educational programs or institutions

10.1.3 Emotional and Psychological Damages

• Emotional distress, anxiety, or psychological harm
• Frustration, disappointment, or inconvenience
• Stress or mental anguish related to educational outcomes

10.1.4 Business and Economic Damages

• Business interruption or operational disruptions
• Loss of contracts, clients, or business opportunities
• Cost of substitute services or products
• Attorney fees or litigation costs (except as awarded by a court)

10.2 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The total aggregate liability of the Surge Parties to you for all claims arising from or related to your use of the Service, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the GREATER OF:

• The total amount you paid to Surge Flashcards LLC in the 12 months immediately preceding the event giving rise to the claim, OR
• One Hundred U.S. Dollars ($100.00)

10.3 Basis of the Bargain

You acknowledge and agree that:

• The disclaimers and limitations of liability set forth in these Terms reflect a reasonable allocation of risk between you and the Surge Parties
• These limitations are an essential element of the agreement between you and us
• The Service would not be provided to you on an economically feasible basis without these limitations
• Our pricing reflects these limitations of liability

10.4 Exceptions and Jurisdictional Variations

Legal Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties, liabilities, or damages. In such jurisdictions:

• Our liability is limited to the maximum extent permitted by applicable law
• The above limitations and exclusions may not apply to you
• You may have additional rights that cannot be waived or limited by contract

We do not exclude or limit liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

10.5 Independent Allocations of Risk

Each provision of this Section 10 is a separate and independent allocation of risk. If any provision is found to be unenforceable, all other provisions shall remain in full force and effect.

11. Indemnification

You agree to indemnify, defend, and hold harmless Surge Flashcards LLC and its officers, directors, employees, agents, contractors, affiliates, licensors, and service providers (the "Indemnified Parties") from and against any and all:

• Claims, demands, actions, or proceedings
• Liabilities, damages, losses, or expenses (including reasonable attorneys' fees and legal costs)

Arising from or related to:

• Your Use: Your access to or use of the Service
• Your Violations: Your violation of these Terms or any applicable law or regulation
• Your Content: Your user-generated content, including any infringement of intellectual property rights or privacy violations
• Third-Party Rights: Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights
• Your Conduct: Any harmful, illegal, or prohibited conduct by you
• Your Negligence: Any negligent or wrongful acts or omissions by you

11.1 Defense and Cooperation

If we are threatened with or subjected to any claim for which you are obligated to indemnify us:

• We may elect to control the defense and settlement of the claim, at your expense
• You agree to cooperate fully in the defense of any such claim
• You will not settle any claim without our prior written consent if it affects our rights or interests
• You will provide us with prompt notice of any such claim

11.2 Indemnification Survival

Your indemnification obligations shall survive termination of these Terms and your use of the Service.

12. Account Termination and Suspension

12.1 Termination by You

Voluntary Termination: You may terminate your account at any time by:

• Using the account deletion feature in the app settings
• Contacting our support team at support@surgeflashcards.com
• Cancelling your subscription (which takes effect at the end of the current billing period)

Effect of Voluntary Termination:

• Your access to paid features ceases at the end of the current billing period
• No refunds will be provided for partial billing periods
• Your data may be retained for a limited period as described in our Privacy Policy

12.2 Termination or Suspension by Us

We reserve the right to suspend or terminate your account immediately, without prior notice, for:

12.2.1 Terms Violations

• Violation of any provision of these Terms of Service
• Violation of our Acceptable Use Policy
• Prohibited conduct or content violations
• Attempts to manipulate, exploit, or game our systems

12.2.2 Fraudulent Activity

• Suspected or confirmed fraudulent account activity
• Use of stolen payment methods or unauthorized credit cards
• Chargeback abuse or payment disputes deemed frivolous
• Creating multiple accounts to circumvent restrictions

12.2.3 Payment Issues

• Non-payment of subscription fees or credit purchases
• Failed payment attempts that remain unresolved after notification
• Chargebacks or payment reversals

12.2.4 Legal and Regulatory Compliance

• Legal or regulatory requirements mandating termination
• Court orders, subpoenas, or government requests
• Violation of applicable laws or regulations
• Intellectual property infringement claims

12.2.5 Threat to Service or Users

• Actions that threaten the security, integrity, or availability of our Service
• Harmful conduct toward other users
• Distribution of malware, viruses, or malicious code
• Attempts to hack, breach, or compromise our systems

12.3 Effect of Termination

Upon termination or suspension of your account:

• Immediate Access Revocation: Your right to use the Service ceases immediately
• Data Retention: We may delete your account and associated data after a reasonable period (typically 30-90 days), as described in our Privacy Policy
• Outstanding Fees: All outstanding fees, charges, and amounts owed remain due and payable
• No Refunds: No refunds will be provided for subscription fees, credit purchases, or any other amounts paid
• Content Removal: We may remove or delete all content associated with your account
• Survival of Terms: Provisions that should survive termination (see Section 18) continue to apply

12.4 Appeals and Reinstatement

If your account is suspended or terminated and you believe it was done in error, you may contact us at support@surgeflashcards.com to appeal the decision. We will review appeals on a case-by-case basis, but we are under no obligation to reinstate your account.

12.5 Restrictions After Termination

After termination for cause (violation of Terms), you may not create a new account or access the Service through alternate accounts without our express written permission.

13. Dispute Resolution and Governing Law

13.1 Governing Law and Jurisdiction

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Surge Flashcards LLC is registered, without regard to conflict of law principles.

Jurisdiction: Subject to the arbitration agreement below, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the state where Surge Flashcards LLC is registered.

13.2 Informal Dispute Resolution

Good Faith Negotiation: Before initiating arbitration or litigation, you agree to attempt to resolve any dispute informally by contacting us at legal@surgeflashcards.com. We will attempt to resolve the dispute informally by contacting you via email or your registered contact information.

60-Day Negotiation Period: Both parties agree to negotiate in good faith for at least 60 days before proceeding to formal arbitration or litigation.

13.3 Binding Arbitration Agreement

Agreement to Arbitrate: Except as provided in Section 13.4 (Exceptions to Arbitration), you and Surge Flashcards LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through binding individual arbitration rather than in court.

Arbitration Rules: The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider.

Arbitration Process:

• The arbitration shall be conducted by a single neutral arbitrator
• The arbitration may be conducted by telephone, video conference, written submissions, or in person
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

Costs and Fees:

• Each party shall bear their own attorneys' fees and costs unless awarded by the arbitrator
• The arbitrator may award attorneys' fees and costs to the prevailing party if permitted by law
• For claims under $10,000, Surge Flashcards LLC will pay all filing, administration, and arbitrator fees (unless deemed frivolous)

13.4 Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

• Small Claims Court: Actions brought in small claims court, provided they remain in small claims court and are brought on an individual basis
• Injunctive Relief: Requests for injunctive or equitable relief to prevent infringement of intellectual property rights or unauthorized use of the Service
• Intellectual Property: Disputes related to the validity, enforceability, or infringement of intellectual property rights (patents, copyrights, trademarks, trade secrets)

13.5 Class Action Waiver

You expressly waive your right to:

• Participate in a class action lawsuit or class-wide arbitration
• Act as a class representative or member in any class action
• Bring claims on behalf of any other person or entity
• Consolidate your claims with claims of other users

If the class action waiver is found to be unenforceable, the entire arbitration agreement shall be deemed unenforceable (except to the extent prohibited by law).

13.6 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND SURGE FLASHCARDS LLC WAIVE ANY RIGHT TO A JURY TRIAL in any court proceeding arising out of or relating to these Terms or your use of the Service.

13.7 Statute of Limitations

You agree that any claim or cause of action arising from or related to your use of the Service or these Terms must be filed within ONE (1) YEAR after the claim or cause of action arose. Otherwise, the claim is permanently barred.

13.8 Severability of Dispute Resolution Provisions

If any provision of this Section 13 is found to be unenforceable, the remaining provisions shall continue in full force and effect, except as specifically noted in Section 13.5.

14. Modifications to Terms

Right to Modify: We reserve the right to modify, amend, update, or replace these Terms of Service at any time, at our sole discretion.

14.1 Notification of Changes

Material Changes: For material changes that significantly affect your rights or obligations, we will provide at least 30 days' advance notice through one or more of the following methods:

• Posting updated Terms in the app with a prominent notice
• Sending email notifications to your registered email address
• Displaying prominent banners or pop-ups in the Service
• Updating the "Last Updated" date at the top of this document

Non-Material Changes: For minor or non-material changes (e.g., clarifications, formatting, contact information updates), we may update the Terms without advance notice by simply posting the revised version.

14.2 Your Acceptance of Changes

Continued use of the Service after changes take effect constitutes your binding acceptance of the modified Terms.

If you do not agree to the modified Terms:

• You must discontinue use of the Service immediately
• You may terminate your account as described in Section 12.1
• Continued use after the effective date of changes will be deemed acceptance

14.3 Reviewing Terms

It is your responsibility to review these Terms periodically for changes. We recommend checking the "Last Updated" date at the top of this document each time you access the Service.

15. General Provisions

15.1 Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

15.2 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and Surge Flashcards LLC regarding your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, proposals, or representations (whether oral or written) between you and us.

15.3 Assignment

By You: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment without consent shall be null and void.

By Us: We may assign, transfer, or delegate these Terms and our rights and obligations hereunder at any time without notice to you, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

15.4 Waiver

No waiver by Surge Flashcards LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. To be effective, any waiver must be in writing and signed by an authorized representative of Surge Flashcards LLC.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, earthquakes, floods, storms, etc.)
• War, terrorism, civil unrest, or acts of government
• Pandemics, epidemics, or public health emergencies
• Internet or telecommunications failures
• Cyber attacks, hacking, or security breaches
• Third-party service provider failures or outages
• Labor disputes, strikes, or lockouts
• Shortage of materials, equipment, or facilities

15.6 Headings and Interpretation

The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. The words "including," "include," and "includes" shall be deemed to be followed by "without limitation."

15.7 Notices

To You: We may provide notices to you via email to your registered email address, through in-app notifications, or by posting notices on our Service. Notices sent by email shall be deemed delivered 24 hours after sending.

To Us: You may provide legal notices to us by sending them to:

• Email: legal@surgeflashcards.com
• Mail: Surge Flashcards LLC, [Registered Business Address - to be inserted]

15.8 No Third-Party Beneficiaries

These Terms are for the benefit of, and shall be enforceable by, only you and Surge Flashcards LLC. These Terms are not intended to confer any right or benefit on any third party.

15.9 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Surge Flashcards LLC. You have no authority to make or accept any offers or representations on our behalf.

15.10 Export Compliance

You agree not to export, re-export, or transfer, directly or indirectly, any part of the Service or any technical data in violation of applicable export control laws and regulations of the United States or any other jurisdiction.

15.11 Language

These Terms are drafted in English. If translated into other languages, the English version shall prevail in the event of any conflict or discrepancy.

16. Contact Information and Customer Support

For questions, concerns, or issues regarding these Terms of Service or your use of the Service, please contact us:

• General Inquiries: support@surgeflashcards.com
• Legal Matters: legal@surgeflashcards.com
• Privacy Concerns: privacy@surgeflashcards.com
• Billing/Payment Issues: billing@surgeflashcards.com

Response Time: We strive to respond to all inquiries within 2-3 business days. For urgent security or privacy matters, please clearly mark your communication as "URGENT."

17. Advertising and Third-Party Links

17.1 Advertising on Free Tier

Free Tier users may see advertisements served through third-party ad networks (including InfoLinks on web and Unity Ads on mobile platforms). We do not control the content of these advertisements and are not responsible for the products, services, or websites advertised.

17.2 Third-Party Links

Our Service may contain links to third-party websites, services, or resources. These links are provided for convenience only. We do not endorse, control, or assume responsibility for any third-party sites or services. You access third-party sites at your own risk and should review their terms and privacy policies.

17.3 No Liability for Third-Party Content

We are not responsible or liable for any harm, loss, or damage arising from your interactions with third-party advertisements, websites, or services accessed through our Platform.

18. Survival of Terms

The following provisions shall survive termination or expiration of these Terms:

• Section 4: Payment obligations and credit policies
• Section 5: AI-Generated Content Disclaimers
• Section 7: Intellectual Property Rights
• Section 9: Disclaimers and Warranties
• Section 10: Limitation of Liability
• Section 11: Indemnification
• Section 13: Dispute Resolution and Governing Law
• Section 15: General Provisions
• Section 18: Survival (this section)

Additionally, any other provisions that by their nature should survive termination shall continue to apply.

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