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Terms of Service

Effective Date: May 9, 2026

Introduction

Welcome to flashcardaudit.com (the "Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Island Cookie Shop LLC ("Company", "we", "us", or "our"), a California limited liability company.

By accessing or using the Service, you execute a binding contract with us under these Terms. If you do not agree to these Terms, you may not use the Service.

1. Age Requirement

You must be at least 18 years old to enter into this contract. If you are under 18, you may not use the Service. We do not knowingly collect information from or direct our services to minors. By accessing the Service, you represent and warrant that you are of legal age to form a binding contract.

2. The Service & "As-Is" Disclaimer

The Service provides automated analysis of Anki flashcards using artificial intelligence (AI) models, including Google Gemini. You acknowledge and agree that:

  • AI Probabilistic Nature:AI models are probabilistic and may produce erratic, incorrect, or hallucinated results. The "QualityScore" and audit reports are generated estimates, not statements of fact.
  • No Warranty:THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • Not Educational/Medical Advice: The Service is for informational purposes only. It is not a substitute for professional educational instruction or medical advice. You remain solely responsible for the accuracy of your learning materials.

3. Intellectual Property Rights

  • Your Content:You retain ownership of the Anki decks (.apkg) you upload ("User Content").
  • License to Us: By uploading User Content, you grant the Company a worldwide, royalty-free, perpetual, sublicensable, and irrevocable license to use, copy, modify, process, and create derivative works from your User Content in order to: (i) perform the requested audit and return the results to you; (ii) generate aggregated statistics (e.g., site-wide quality benchmarks); (iii) display anonymized, non-identifiable excerpts of your flashcards alongside their audit results on our website for promotional and demonstration purposes; and (iv) extract underlying factual information, generate anonymized textual transformations, and maintain de-identified excerpts and derivative content within our global card registry to improve our algorithms, conduct internal research, and develop, power, distribute, and display related educational tools, features, and services provided by the Company or its affiliates. We will not use your content to train third-party generative AI models.
  • Your Warranty: You represent and warrant that you possess all necessary rights and permissions to upload the User Content and to grant the Company the licenses described above (including, without limitation, the right to extract and retain underlying factual concepts in anonymized form), and that any factual content, text, or media you upload is either in the public domain, licensed for your use, or originally created by you.
  • Our IP:The Service, including its code, design, "QualityScore" algorithm, and methodology, is the exclusive property of the Company.

4. User-Defined Metadata (Audit Titles)

You are responsible for any names or titles you assign to your audits ("Metadata"). You represent and warrant that your Metadata does not contain Personally Identifiable Information (PII) or inappropriate/offensive content. We reserve the right, at our sole discretion, to: (a) rename Metadata that violates this clause; or (b) delete any audit associated with violating Metadata without notice and without providing a refund.

5. Data Retention & Anonymization

  • Raw Data Deletion: We are committed to privacy. We automatically delete your raw uploaded files (e.g., .apkg) from our active processing servers within 30 days of audit completion.
  • Cached Analysis Results: To reduce costs and improve performance, we cache the analysis results (scores, justifications, and quality assessments) of individual flashcards. This cached data is stored indefinitely and shared across all users. If another user uploads an identical card (same content and metadata), they may receive the cached analysis at no charge instead of a fresh AI analysis. You acknowledge and agree that your audit results may benefit other users, and vice versa.
  • Anonymized Data Retention: Notwithstanding the above, you acknowledge and agree that we may retain indefinitely: (a) aggregated, de-identified statistics derived from your User Content (e.g., site-wide averages); and (b) de-identified text excerpts, structural transformations, and underlying factual concepts derived from your User Content. This anonymized data is essential for maintaining our global card registry, improving the "QualityScore" algorithm, conducting internal research, and powering related educational tools, features, and services across our platform. It cannot be linked back to you and is not used to train third-party generative AI models.

6. Third-Party AI Providers

The Service utilizes artificial intelligence technologies provided by third parties, including but not limited to Google (Vertex AI/Gemini). By using the Service, you acknowledge and agree that your anonymous content may be processed by these third-party providers in accordance with their respective terms of service. You agree to be bound by any applicable terms found here: Google Cloud AI Terms.

7. Medical & Educational Disclaimer

  • No Professional Advice: The Service is for educational and informational purposes only. The audit reports generated by our AI are not a substitute for professional medical, legal, or financial advice. We make no guarantees regarding the accuracy of the information for high-stakes testing, board exams (e.g., USMLE, Bar Exam), or professional practice.
  • User Responsibility: You are solely responsible for verifying the accuracy of your flashcards. Reliance on any information provided by the Service is solely at your own risk.

8. Payments and Refunds

  • Final Sale:All sales are final. Because the Service incurs immediate computational costs upon upload, you waive any right of withdrawal or "cooling-off" period once performance has begun.
  • No Refunds: Payments are non-refundable generally. We may, at our sole discretion, offer refunds on a case-by-case basis (e.g., for demonstrable technical failures), but this does not create a legal obligation to do so.

9. Limitation of Liability

To the fullest extent permitted by law, in no event shall Island Cookie Shop LLC, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

Our total liability for any claim arising out of or relating to these Terms or the Service shall be limited to the amount you paid us to use the Service in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless the Company against any claims, damages, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights, including intellectual property rights (e.g., uploading copyrighted decks you do not own). This obligation expressly extends to any claim arising from anonymized excerpts, textual transformations, derivative works, or factual concepts derived from your User Content in cases where you lacked the rights necessary to grant the licenses set forth in Section 3.

11. Governing Law and Dispute Resolution (Binding Arbitration & Class Action Waiver)

  • Governing Law: These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.
  • Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco County, California, rather than in court. You and the Company both agree to waive the right to a trial by jury.
  • Arbitration Rules: The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
  • Class Action Waiver:YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  • Severability: If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
  • Exceptions:Notwithstanding the above, either party may bring an individual action in small claims court. Furthermore, either party may seek emergency injunctive relief in a state or federal court located in San Francisco County, California, to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights (such as your User Content or our proprietary algorithms).

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on this page. Assessment of whether a change is material is at our sole discretion. Continued use of the Service after any changes constitutes your acceptance of the new Terms.