Terms of Service

These Terms of Service (“Terms”) govern your use of the Cardluent mobile application (the “App”) operated by Cardluent (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are at least 13 years of age. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Description of Service

Cardluent is a language learning application that allows you to:

• Create vocabulary flashcards by capturing photos or videos with your device camera.
• Generate flashcard content (vocabulary words, translations, and example sentences) using artificial intelligence.
• Review flashcards using a spaced repetition system designed to optimize memory retention.
• Organize flashcards into custom decks.
• Track your learning progress through analytics, streaks, and daily goals.
• Optionally geotag flashcards with your location.

The App supports 18 languages, including Spanish, French, German, Italian, Portuguese, Japanese, Korean, Chinese, Russian, Turkish, Arabic, Urdu, Dutch, Swedish, Norwegian, Danish, Latin, and English.

3. Account Registration

3.1 Account Creation

To use the App, you must create an account using a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.2 Account Security

You agree to notify us immediately at support@cardluent.com if you become aware of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

3.3 Accurate Information

You agree to provide accurate and complete information when creating your account and to keep your information current.

4. Subscription and Payments

4.1 Free Tier

The App offers a free tier that includes access to core features such as spaced repetition review, deck organization, and local storage of cards. New accounts receive a one-time starter bonus of five (5) free card generations, which may be used at any pace. Once the starter bonus is exhausted, free users may create up to one (1) flashcard per day.

4.2 Cardluent Pro

Cardluent Pro is a paid subscription that unlocks additional features, including:

• Increased daily card creation limits.
• Cloud synchronization of flashcards across devices.
• Cloud backup of flashcard data and media.

4.3 Pricing and Billing

• Cardluent Pro is available as a monthly or annual subscription.
• All purchases are processed through the Apple App Store or Google Play Store (“App Store”).
• Prices are displayed in the App and may vary by region and currency.
• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your App Store account settings.
• Cancellation takes effect at the end of the current billing period. You will retain access to Pro features until that date.
• Refunds are subject to the policies of the applicable App Store. We do not process refunds directly.

4.5 Price Changes

We reserve the right to change subscription prices. Any price change will take effect at the start of your next billing period. We will provide notice of price changes through the App or via email.

5. User Content

5.1 Your Content

“User Content” refers to all content you create, upload, or submit through the App, including photos, videos, flashcard text, notes, and feedback.

You retain ownership of your User Content. By using the App, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purposes of:

• Providing, maintaining, and improving the App and its features.
• Syncing your content across devices (if you use cloud sync).
• Generating anonymized, aggregated analytics to improve the service.

This license ends when you delete your content or your account, except for anonymized, aggregated data that can no longer be linked to you.

5.2 Content Restrictions

You agree not to upload, create, or submit content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Infringes on any third party's intellectual property rights, privacy rights, or other rights.
• Contains viruses, malware, or any harmful code.
• Is designed to circumvent the App's rate limits, security measures, or intended functionality.

We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts that repeatedly violate these restrictions.

5.3 Content Reporting

You may report flashcard content that you believe is inaccurate, inappropriate, or offensive using the in-app reporting feature. We review reports and may take action including content removal at our discretion.

6. AI-Generated Content

6.1 Nature of AI Content

The App uses artificial intelligence to generate flashcard content, including vocabulary words, translations, and example sentences. This content is generated automatically based on the images you provide and may not always be accurate, complete, or appropriate.

6.2 No Guarantee of Accuracy

We do not guarantee the accuracy, quality, or suitability of AI-generated content. You are responsible for reviewing and, if necessary, editing generated flashcards before saving them. AI-generated translations and example sentences should not be relied upon as authoritative language references.

6.3 Reporting Errors

If you encounter inaccurate or problematic AI-generated content, you can report it through the in-app reporting feature or edit the content directly.

7. Acceptable Use

You agree to use the App only for its intended purpose of language learning. You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to access, tamper with, or use non-public areas of the App, our systems, or our service providers' systems.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the App.
• Use automated tools, bots, scripts, or other means to interact with the App in a manner inconsistent with normal human use.
• Circumvent or attempt to circumvent rate limits, usage restrictions, or other technical measures.
• Interfere with or disrupt the App's infrastructure or other users' use of the App.
• Create multiple accounts to circumvent usage limits or restrictions.
• Share your account credentials with others or allow others to access your account.
• Use the App to harvest, collect, or store personal information of other users.

8. Rate Limits and Usage Restrictions

8.1 Daily Limits

Card creation is subject to limits based on your subscription tier. New free accounts receive a one-time starter bonus of five (5) generations. After the starter bonus is used, free users may create up to one (1) card per day. Pro users are subject to higher daily limits.

8.2 Monthly Limits

All users, regardless of subscription tier, are subject to a monthly card creation limit. If you exceed this limit, your ability to generate new cards will be temporarily restricted. This measure exists to prevent abuse and ensure fair use of the service.

8.3 Request Rate Limiting

The App enforces per-minute request limits to maintain service quality. Excessive requests in a short period may be temporarily throttled.

8.4 Enforcement

We reserve the right to restrict, suspend, or terminate your access to the App if we detect unusual activity or violations of these usage restrictions.

9. Intellectual Property

9.1 Our Property

The App, including its design, features, code, graphics, user interface, and all related intellectual property, is owned by Cardluent and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the App as described herein.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the App, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

10. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

11. Third-Party Services

The App integrates with third-party services to provide its functionality, including cloud infrastructure, AI content generation, payment processing, error tracking, and push notifications. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

12. Disclaimers

12.1 “As Is” Basis

The App is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or availability.

12.2 No Warranty on AI Content

We do not warrant that AI-generated content will be accurate, complete, reliable, or free of errors. The App is a language learning aid and should not be used as a sole reference for language accuracy.

12.3 Service Availability

We do not guarantee that the App will be available at all times or that it will be free of errors, bugs, or interruptions. We may modify, suspend, or discontinue the App or any feature at any time without prior notice.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cardluent, its owner, affiliates, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or loss of goodwill, arising out of or in connection with your use of or inability to use the App, regardless of the theory of liability.

Our total aggregate liability for all claims arising out of or related to these Terms or the App shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or fifty dollars (USD $50.00), whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cardluent and its owner from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Any User Content you create or submit through the App.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@cardluent.com and attempt to resolve the dispute informally for at least thirty (30) days.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Cardluent agree to resolve any claims relating to these Terms or the App through final and binding arbitration, except as set forth in Section 15.4 below.

• Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider.
• The arbitration will be conducted in English.
• The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Each party will bear its own costs, and the filing and arbitration fees will be split as provided by the AAA's rules.

15.3 Class Action Waiver

You and Cardluent 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 action. The arbitrator may not consolidate more than one person's claims.

15.4 Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. Account Termination

16.1 By You

You may delete your account at any time through the Profile screen in the App. Deleting your account permanently removes all your data from our servers, including your profile, flashcards, media, and usage history. This action cannot be undone.

16.2 By Us

We may suspend or terminate your account and access to the App at any time, with or without cause, with or without notice, if we believe you have violated these Terms or if we discontinue the App. If we terminate your account without cause, we will make reasonable efforts to provide notice.

16.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Sections 5.1 (license to anonymized data), 9, 12, 13, 14, 15, and 17 survive termination.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. To the extent litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the federal and state courts located in the United States.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by other appropriate means at least thirty (30) days before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the App and delete your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cardluent regarding your use of the App and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, power failures, internet or telecommunications failures, or denial-of-service attacks.

20. Contact Us

If you have questions or concerns about these Terms, please contact us at:

Email: support@cardluent.com