Terms of Service

1. Acceptance of Terms

Welcome to Temar ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Temar, a provider of spaced repetition and learning management software services (collectively, the "Service").

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

If you are using the Service on behalf of an organization, company, or other entity (such as your employer), you represent and warrant that you have the full legal authority to bind that organization to these Terms. In such cases, "you" and "User" will refer to that organization, and you agree to these Terms on behalf of that organization.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Account" means your registered user account for accessing and using the Service.
• "Content" means any text, data, information, images, photographs, videos, audio, documents, or other materials.
• "Service" means the Temar spaced repetition and learning management platform, including all features, functionality, websites, mobile applications, APIs, and other interfaces provided by us.
• "User Content" means any Content that you upload, submit, post, create, store, or otherwise make available through the Service, including but not limited to learning topics, study notes, flashcards, spaced repetition schedules, progress tracking data, and attachments.
• "Subscription Plan" means the specific pricing tier and feature set you have selected for your Account (e.g., Free, Pro, Team).
• "Intellectual Property Rights" means all patent rights, copyright rights, trademark rights, trade secret rights, moral rights, and any other intellectual property rights recognized in any jurisdiction worldwide.
• "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

3. Eligibility and Account Registration

3.1 Age and Capacity Requirements

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that: (a) you meet the minimum age requirement; (b) you have the legal capacity to enter into a binding contract; (c) you are not barred from using the Service under any applicable laws; and (d) all information you provide is accurate, complete, and current.

3.2 Account Creation and Security

To access certain features, you must create an Account by providing accurate information including your name and email address. You are solely responsible for:

• Maintaining the confidentiality of your Account credentials (username, password, API keys, or access tokens).
• All activities that occur under your Account, whether authorized by you or not.
• Immediately notifying us of any unauthorized use, security breach, or suspected compromise of your Account.
• Ensuring that you log out from your Account at the end of each session when using a shared or public computer.

We reserve the right to suspend or terminate your Account if any information you provide is inaccurate, false, misleading, or incomplete. You may not create multiple Accounts, share your Account credentials with others, or transfer your Account to any third party without our prior written consent.

4. Subscription Plans and Payment

4.1 Subscription Terms

We offer various Subscription Plans with different features and pricing. By selecting a paid Subscription Plan, you agree to pay all applicable fees as described at the time of purchase. All fees are exclusive of taxes, and you are responsible for paying all applicable taxes.

4.2 Billing and Renewal

Paid subscriptions automatically renew for successive periods equal to your initial subscription term unless cancelled before the renewal date. You authorize us to charge your payment method for all renewal fees. You may cancel your subscription at any time through your Account settings, and cancellation will take effect at the end of your current billing period.

4.3 Refunds

Unless otherwise required by applicable law, all fees are non-refundable. We do not provide refunds for partial months of service, unused features, or downgrades. If you believe you were charged in error, you must contact us within 30 days of the charge to dispute it.

5. License and Restrictions

5.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial learning purposes (or internal business purposes if using a Team plan). This license does not permit you to resell, redistribute, or make the Service available to unauthorized third parties.

5.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service.
• Removing, altering, or obscuring any copyright, trademark, or proprietary rights notices.
• Circumventing any security features, authentication measures, or usage limitations of the Service.
• Using automated systems (bots, scrapers, crawlers, spiders) to access the Service without our express written permission.
• Interfering with or disrupting the Service, servers, or networks connected to the Service.
• Attempting to gain unauthorized access to any portion of the Service, other users' Accounts, or our systems.
• Overloading our infrastructure through excessive requests, resource abuse, or denial-of-service attacks.
• Using the Service for any illegal purpose or in violation of any applicable laws.

6. User Content

6.1 Ownership

You retain all ownership rights, title, and interest in and to your User Content. We do not claim ownership of any User Content you create, upload, or submit through the Service. Nothing in these Terms grants us any rights to your User Content beyond the limited license described below.

6.2 License to User Content

By uploading, submitting, or creating User Content on the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of:

• Providing, operating, maintaining, and improving the Service.
• Storing, syncing, and backing up your User Content across devices.
• Generating spaced repetition schedules, analytics, and learning insights.
• Complying with legal obligations and enforcing these Terms.

This license terminates when you delete your User Content or Account, except that: (a) deletion may not be immediate due to technical limitations or backup retention periods; and (b) we may retain copies as required by law or for legitimate business purposes.

6.3 Content Restrictions

You represent and warrant that your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party Intellectual Property Rights, privacy rights, or publicity rights; (b) contain viruses, malware, ransomware, or other harmful code; (c) be defamatory, obscene, pornographic, threatening, harassing, abusive, hateful, or discriminatory; (d) promote illegal activities, violence, or self-harm; (e) impersonate any person or entity; or (f) violate any applicable law or regulation.

6.4 Backup Responsibility

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR USER CONTENT. While we implement backup systems for operational purposes, we do not guarantee the availability, integrity, or recovery of your User Content in all circumstances. You should regularly export and back up your important learning materials.

7. Intellectual Property Rights

7.1 Service Ownership

The Service, including all software, algorithms, interfaces, designs, text, graphics, logos, trademarks, service marks, and all other Content (excluding User Content), is owned by us or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights laws. These Terms do not grant you any rights to use our trademarks, service marks, logos, or other brand features without our prior written consent.

7.2 Feedback

If you provide us with any feedback, suggestions, ideas, or proposals regarding the Service ("Feedback"), you hereby assign to us all rights, title, and interest in and to such Feedback. We may use Feedback for any purpose without restriction, compensation, or attribution to you. Feedback is provided "as is" without warranty of any kind.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. Specifically, you agree not to use the Service to:

• Violate any applicable federal, state, local, or international law or regulation, including those concerning data privacy, intellectual property, and export control.
• Exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information.
• Transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation.
• Impersonate or attempt to impersonate Temar, a Temar employee, another user, or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm us or users of the Service, or expose them to liability.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.

9. Termination and Suspension

9.1 Termination by You

You may terminate your Account at any time by following the account deletion process in your Account settings or by contacting us. Upon termination, your access to the Service will immediately cease, and we will delete or archive your User Content in accordance with our data retention policies.

9.2 Termination by Us

We may, in our sole discretion and without prior notice or liability, suspend or terminate your Account and access to the Service if: (a) you breach any provision of these Terms; (b) we are required to do so by law or regulatory authority; (c) your conduct creates risk or legal exposure for us; (d) you fail to pay applicable fees; or (e) we decide to discontinue the Service. We reserve the right to determine what constitutes a violation of these Terms in our reasonable judgment.

9.3 Effect of Termination

Upon termination of your Account: (a) your license to use the Service immediately terminates; (b) you must immediately cease all use of the Service; (c) we may delete your Account and User Content; (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 6.2 (License to User Content), 7 (Intellectual Property), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 15 (General Provisions).

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) WARRANTIES THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; (D) WARRANTIES REGARDING THE SECURITY, RELIABILITY, OR AVAILABILITY OF YOUR USER CONTENT; AND (E) WARRANTIES THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitation of Liability

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

11.2 Exclusion of Damages

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR: (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY LOSS OR CORRUPTION OF YOUR USER CONTENT; OR (G) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

11.3 Exceptions

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; OR (D) CRIMINAL ACTIVITY COMMITTED BY US OR OUR AUTHORIZED REPRESENTATIVES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

11.4 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. THE PRICING AND NATURE OF THE SERVICE REFLECT THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES IN THIS SECTION.

12. Indemnification

You agree to defend, indemnify, and hold harmless Temar, our parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from or relating to:

• Your access to and use of the Service.
• Your User Content and any content you submit, post, or transmit through the Service.
• Your violation of any provision of these Terms.
• Your violation of any third-party right, including without limitation any Intellectual Property Rights, privacy rights, or contractual rights.
• Your violation of any applicable law, statute, ordinance, regulation, or treaty.
• Any willful misconduct, fraud, or criminal activity you engage in through or in connection with the Service.

This indemnification obligation will survive the termination of your Account and these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms, the Service, or your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

13.2 Informal Dispute Resolution

Before filing any claim against us, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.

13.3 Arbitration Agreement

YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR RELATIONSHIP WITH US SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) you or we may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights.

The arbitration shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be held in Wilmington, Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.4 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE AGREE OTHERWISE, 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. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 13 SHALL BE NULL AND VOID.

13.5 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. DMCA Copyright Policy

We respect the Intellectual Property Rights of others and comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that any User Content or other material on the Service infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for notice of alleged copyright infringement can be reached at: [email protected].

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service and supersede and replace any prior agreements, communications, and proposals, whether oral or written, between you and us.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, terrorism, war, natural disasters, failure of common carriers, power outages, or governmental restrictions.

15.6 Notices

We may provide notices to you by posting them on the Service, sending them to your registered email address, or through other reasonable means. You may provide notices to us by email to [email protected] or by physical mail to our registered business address.

15.7 Export Compliance

You represent and warrant that you are not: (a) located in any country subject to U.S. Government embargo or designated as a "terrorist supporting" country; (b) listed on any U.S. Government list of prohibited or restricted parties; or (c) prohibited from receiving U.S. origin products under any applicable export control laws. You agree to comply with all applicable export and re-export control laws and regulations.

16. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, by posting the changes on the Service or by sending you an email notification. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service immediately. You are advised to review these Terms periodically for any changes.

17. Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails, push notifications, and messages posted to your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, please contact us at:

Email: [email protected]
Support: [email protected]