End User License Agreement

Last updated: January 1, 2025

This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("User" or "you") and BNT Flashcards ("Company," "we," "us," or "our") governing your use of the BNT Flashcards mobile application ("App" or "Licensed Application").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

1. License Grant

1.1 Grant of License

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.

1.2 Scope of License

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App.

1.3 License Restrictions

You may not:

• Copy, modify, or distribute the App or any part thereof
• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App
• Use the App for any illegal purpose or in violation of any local, state, national, or international law
• Use the App in any way that could damage, disable, overburden, or impair the App's servers or networks
• Attempt to gain unauthorized access to any services, accounts, or systems
• Use automated scripts, bots, or other means to access or use the App

2. Ownership and Intellectual Property

2.1 Company Ownership

The App, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), is owned by the Company, its licensors, or other providers of such material and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Your Content

You retain ownership of any content you create using the App, including flashcards, decks, and study materials ("User Content"). By using the App, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the App.

2.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the App ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback in any manner we deem appropriate.

3. In-App Purchases and Subscriptions

3.1 Premium Features

The App offers premium features and content available through in-app purchases and subscriptions. These purchases are processed through the Apple App Store or Google Play Store.

3.2 Subscription Terms

If you purchase a subscription:

• Payment will be charged to your App Store or Google Play account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off 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
• You can manage and cancel your subscriptions through your device's subscription settings
• Any unused portion of a free trial period will be forfeited when you purchase a subscription

3.3 Refunds

All purchases are final and non-refundable, except as required by applicable law. Refund requests must be submitted to Apple or Google, depending on where you made your purchase.

4. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the App, you agree to our collection and use of information as described in our Privacy Policy.

5. Third-Party Services

5.1 Third-Party Content

The App may display, include, or make available third-party content (including data, information, and other materials) or provide links to third-party websites or services.

5.2 No Endorsement

We do not control, endorse, or assume responsibility for any third-party content. Your use of third-party content is at your own risk and subject to those third parties' terms and policies.

6. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

WE DO NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR LEARNING OUTCOMES FROM USING THE APP.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNT Flashcards, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
• ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $50.00, WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless BNT Flashcards and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of this Agreement
• Your violation of any rights of another party
• Your User Content

9. App Store Terms

9.1 Apple App Store

If you downloaded the App from the Apple App Store:

• This Agreement is between you and BNT Flashcards only, not with Apple
• Apple has no obligation to provide maintenance and support services for the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Apple has no other warranty obligation with respect to the App
• Apple is not responsible for addressing any claims relating to the App or your possession and use of it
• Apple is a third-party beneficiary of this Agreement and may enforce it against you

9.2 Google Play Store

If you downloaded the App from the Google Play Store:

• This Agreement is between you and BNT Flashcards only, not with Google
• Google has no responsibility for the App or its content
• Google is not responsible for providing support services for the App

10. Updates and Changes

10.1 App Updates

We may from time to time develop and release updates to the App. These updates may include bug fixes, feature enhancements, or new features. You agree to install all updates to ensure optimal functionality and security.

10.2 Agreement Changes

We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement in the App or on our website. Your continued use of the App after such changes constitutes your acceptance of the new Agreement.

11. Termination

11.1 Termination by You

You may terminate this Agreement at any time by uninstalling the App and discontinuing use. Deletion of your account can be requested through the App settings or by contacting support.

11.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach this Agreement.

11.3 Effect of Termination

Upon termination:

• All rights granted to you under this Agreement will immediately cease
• You must immediately stop using the App and delete all copies from your devices
• Sections that by their nature should survive termination will survive

12. Governing Law and Dispute Resolution

12.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association], except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. General Provisions

13.1 Entire Agreement

This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and BNT Flashcards regarding the App.

13.2 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer this Agreement or your rights under it without our prior written consent. We may assign our rights and obligations under this Agreement without restriction.

14. Contact Information

By using the BNT Flashcards App, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.