We are EMRE OZER ("Company," "we," "us," "our"), a company registered in Canada at __________, Ottawa, Ontario K2W0K7.
We operate the mobile application Nerdy: AI Study & Quizzes (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at +1(343) 558-4623, email at ozerr.emre10@gmail.com, or by mail to __________, Ottawa, Ontario K2W0K7, Canada.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and EMRE OZER, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only. Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate or objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Payments will be processed by the App Store in your local currency. We reserve the right to correct any errors or mistakes in pricing and to refuse any order placed through the Services.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge. The length of your billing cycle will depend on the type of subscription plan you choose.
We offer a 3-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.
To cancel your subscription:
Your cancellation will take effect at the end of the current paid term.
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
The Services allow you to upload, submit, and process content and materials, including but not limited to PDF documents, audio files, image files, raw text, and generated flashcards (collectively, "Contributions"). When you create, upload, or make available any Contributions, you thereby represent and warrant that:
We do not assert any ownership over your original Contributions (the files and text you upload) nor the flashcards generated from them. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.
However, by uploading your Contributions to the Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, and transmit your Contributions to our third-party Artificial Intelligence providers (such as the Google Gemini API) strictly for the purpose of analyzing the content and generating your educational flashcards and quizzes. You agree that we are not liable for any statements, representations, or inaccuracies present in the AI-generated content based on your Contributions.
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You must comply with applicable third-party terms of agreement when using the App (e.g., Apple Store terms). You acknowledge that Apple is not responsible for providing maintenance and support services with respect to the App.
The Services may contain links to Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply approval or endorsement thereof by us.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, or disable any of your Contributions; and (4) remove from the Services or disable all files and content that are excessive in size or burdensome to our systems.
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Canada and the United States. If you access the Services from any other region, you are transferring your data to Canada and the United States and expressly consent to that transfer.
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason. We may terminate your use or participation in the Services, or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times and will not be liable to you for any modification, price change, suspension, or discontinuance of the Services.
These Legal Terms shall be governed by and defined following the laws of Canada. EMRE OZER and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber according to the Rules of this ICAC. The number of arbitrators shall be one (1). The seat of arbitration shall be Ottawa, Canada. The language of the proceedings shall be English.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE AI-GENERATED CONTENT AND ASSUME NO LIABILITY FOR ERRORS, MISTAKES, OR INACCURACIES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; or (5) your violation of the rights of a third party, including intellectual property rights.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit. We shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity of the remaining provisions.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
EMRE OZER
__________
Ottawa, Ontario K2W0K7
Canada
Phone: +1(343) 558-4623
Email: ozerr.emre10@gmail.com