2.1 Account Creation

In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

2.2 Age Limits

You represent and warrant that you are at least 16 years old in order to create an account and accept these Terms. If you are under 16 years of age, you may only access or use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You may not access the Services if you are barred from doing so under applicable law.

2.3 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these security requirements.

3.1 Limited License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, non-commercial use.

3.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

• Commercial Use: You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or platform content, whether in whole or in part, except as explicitly permitted for authorized Contributors publishing and selling ACE CARDs via the native in-app marketplace;
• Engineering Limits: You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;
• Market Competition: You shall not access the Services in order to build a similar or competitive website, product, or service;
• Content Replication: Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release or functionality addition shall be subject to these Terms.

3.3 Acceptable Use Policy

You agree not to use the Services to collect, upload, transmit, display, or distribute any user-generated content or material:

• That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind;
• That is harmful to minors in any way; or
• That is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

Additionally, you agree not to upload or distribute any computer viruses, worms, or software intended to damage or alter systems; send unsolicited advertising, spam, or junk mail; scrape, mine, or harvest data from the platform without explicit consent; or interfere with or disrupt servers or networks connected to the Services.

4.1 Company Ownership

Excluding any content or input you provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content (including FLOW sessions, ACE CARDs, software, designs, and branding) are owned by Company or Company's suppliers. Neither these Terms nor your access to the Services transfers to you or any third party any rights, title, or interest in or to such intellectual property rights.

4.2 User Content License

By submitting information, study materials, or content to or through our platform, you hereby grant to Company an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works of, and otherwise use your content solely for the purpose of operating and including your content within the Services.

4.3 Feedback

If you provide Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit it in any manner it deems appropriate. Company will treat any Feedback as non-confidential and non-proprietary.

How We Use YouTube

• We use YouTube API Services to search for educational videos relevant to your study topics and exam syllabi.
• Videos are embedded in your study sessions alongside explanations, flashcards, and notes for a comprehensive learning experience.
• All YouTube content remains hosted on YouTube and is subject to YouTube's Terms of Service.
• We clearly identify YouTube as the source of video content displayed in our platform.

Data Collection and Privacy

When you watch YouTube videos through AceBuddy:

• We may temporarily collect and store video metadata (such as titles, thumbnails, and descriptions) to improve your study experience.
• We do not collect, store, or access your personal YouTube account data.
• We do not require you to log in to YouTube to watch educational videos on our platform.
• When you load a YouTube video in AceBuddy, some basic data is shared with YouTube to render the video and determine its playability (as is standard with all YouTube embeds).

Data Storage and Usage

• Any YouTube video metadata we store is refreshed or deleted within 7 calendar days.
• We use YouTube data solely to provide relevant educational content for your studies.
• We do not aggregate, sell, or share YouTube data with third parties.
• We do not modify, replace, or interfere with YouTube's video content, advertisements, or functionality.

Your Rights

• You can request deletion of any YouTube-related search history or preferences we have stored.
• Contact us at support@acebuddy.so with questions about how we use YouTube content.

8.1 Disclaimers

THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS, WILL OPERATE WITHOUT INTERRUPTION, BE TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICES WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

8.2 Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

13.1 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any conflict of law principles.

13.2 Dispute Resolution & Arbitration Agreement

Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

• Applicability: You agree that any dispute between you and Company relating in any way to the Site, the Services, or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you or Company may assert individualized claims in small claims court if the claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.
• Informal Resolution: Before initiating arbitration, you and Company agree to engage in a good-faith informal meeting via telephone or videoconference to attempt to resolve the issue. You must provide a written description of your dispute to legal@acebuddy.so before starting this process.
• Arbitration Rules and Forum: The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, and will be governed by the Federal Arbitration Act. Unless otherwise agreed, hearings will occur on an individual basis in the county where you reside.
• Waiver of Jury Trial & Class Actions: YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.1 Export Control

The Services may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company in violation of United States export laws.

14.2 Electronic Communications

Communications between you and Company use electronic means. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if they were provided in hard-copy form.

14.3 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision is held invalid or unenforceable, the remaining provisions will remain fully unimpaired.