TERMS OF SERVICE

1. Preliminary

1.1. These Terms of Service (\"Terms\") govern your access to and use of the flashcard application, including all associated software, content, and services (collectively, the \"Service\") provided by GENERATIVE INNOVATIONS PTY LTD (ABN 34 670 968 322) (\"Company,\" \"we,\" \"us,\" or \"our\"), a company registered in Australia.

1.2. The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Service without the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

1.3. These Terms incorporate our Privacy Policy [Link to Privacy Policy], which is available on our website and forms part of this agreement.

2. Contact Information and Support

2.1. For any inquiries, notices, or support requests relating to these Terms or the Service, please contact us via the following official channels:

• Email: [email protected] (For legal notices and formal correspondence)
• Support Email: [email protected] (For customer support and general inquiries)
• Registered Address: [Your Company's Registered Physical Address in Australia]

2.2. We will endeavor to respond to support inquiries made through the designated support channels within [e.g., 2-3 business days], but do not guarantee a specific response time unless otherwise stated in a separate service level agreement (if applicable). Formal legal notices must be sent to the specified email and registered address.

3. Nature of Service and Licence

3.1. The Service provides users with access to a digital flashcard application, which may include features for creating, studying, and managing flashcards, and other related functionalities as offered by us from time to time. The Service is provided on a subscription basis.

3.2. Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial educational purposes.

3.3. All rights, title, and interest in and to the Service (including all intellectual property rights) are and will remain the exclusive property of the Company and its licensors.

4. Subscription Fees and Payment

4.1. Access to certain features of the Service requires an active paid subscription ("Subscription"). Subscription fees ("Fees") are set out on our website or within the application and are subject to change upon reasonable notice.

4.2. Subscriptions automatically renew for successive periods equivalent to your initial subscription term unless cancelled by you prior to the renewal date in accordance with Section 6 (Cancellation Policy). You authorize us to charge your nominated payment method for renewal Fees.

4.3. All Fees are stated in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax), unless otherwise specified.

6. Cancellation Policy

6.1. You may cancel your Subscription at any time through your account settings within the Service or by contacting our customer support.

6.2. Cancellation will be effective at the end of your current paid subscription period. You will continue to have access to the subscribed features of the Service until the end of this period.

6.3. As per Section 5, cancellation does not entitle you to a refund of any pre-paid Fees for the current or any prior subscription period, except as required by law.

6.4. We may suspend or terminate your access to the Service, at our discretion, for any breach of these Terms, with or without notice.

7. Legal or Export Restrictions

7.1. You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Australian export control laws.

7.2. The Service 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.

8. Terms and Conditions of Promotions

8.1. From time to time, the Company may offer promotional offers, discounts, or trials ("Promotions"). All Promotions are subject to these Terms and any additional terms and conditions specific to the Promotion, which will be made available at the time of the offer.

8.2. Promotions are for a limited time only, may be subject to eligibility criteria, and are not transferable or redeemable for cash. The Company reserves the right to modify or cancel any Promotion at its discretion.

9. Disclaimers and Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE ACL, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE ACL, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

9.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.4. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you may have under the ACL or any other statute if that right or remedy cannot be excluded, restricted or modified by agreement. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

10. Governing Law and Dispute Resolution

10.1. These Terms and any dispute arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia.

10.2. You irrevocably agree that the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

10.3. Before commencing any legal proceedings, each party agrees to notify the other party in writing of the dispute and attempt to resolve it through good faith negotiations within thirty (30) days of such notification. Notices to the Company must be sent to the legal contact email and registered address specified in Section 2.

11. Amendments to Terms

11.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (as determined by us in our sole discretion), we will use reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect, for example by posting a notice on our website or sending an email to the address associated with your account.

11.2. By continuing to access or use our Service after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.