Terms of Use

1. Eligibility & Age Requirements

Minimum Age: You must be at least 13 years old to create an account on EliteElise without direct parental consent (or older if required by local law). If you are under 13, a parent or legal guardian must create an account on your behalf and agree to these Terms for you.

Local Variations: If you reside in a country where the age of digital consent is higher than 13 (e.g., 16 in some EU Member States), you must meet that age or have appropriate parental consent.

2. Account Creation & Parental Consent

• Parent-Managed Child Accounts: If you are a parent or guardian creating an account for a minor, you must ensure you have all necessary rights and consents to do so.
• Teacher-Managed Child Accounts: Educators setting up student accounts represent they have obtained permission from the children’s parents/guardians as required by law.
• Accurate Information: You agree to provide and maintain accurate information in your profile and promptly update if anything changes.

Note: We comply with child protection laws like COPPA (U.S.), GDPR (EU), and others. See our Privacy Policy for details.

3. Acceptable Use & Prohibited Conduct

You agree to use EliteElise in a manner that is lawful, respectful, and aligned with its educational mission.

• No Harmful or Illegal Content: Do not post hate speech, harassment, obscene material, or anything illegal.
• No Intellectual Property Violation: Only upload/share content you have rights to or that is permitted by fair use.
• No Circumventing Security: Do not attempt to hack, disrupt, or gain unauthorized access to the app or other users’ data.
• No Commercial Exploitation: You may not use the platform for commercial solicitation, advertising, or spamming, unless specifically allowed (e.g., approved teacher marketplaces).

We reserve the right to remove any content that violates these rules, and to suspend or terminate accounts for repeated or serious violations.

4. User-Generated Content & Licensing

• You Own Your Content: Any notes, flashcards, quizzes, or other materials you create and post remain your intellectual property.
• License to Us: By posting or sharing content on EliteElise, you give us a non-exclusive, worldwide, royalty-free license to host, display, and modify your content (e.g., reformat or translate) for the purpose of operating and improving our services.
• Sharing with Others: If you make content public or share it with a group, you grant other users a limited license to view and use that content for personal educational purposes. They may not resell or distribute it without your permission.
• Right to Remove: We may remove or restrict access to user content that violates these Terms or the law. We are not required to monitor all content, but we may do so at our discretion.
• DMCA / IP Complaints: If you believe your copyrighted work has been posted without authorization, please follow our DMCA policy for takedown requests.

5. AI Personalization & Opt-Out

EliteElise uses AI to personalize learning suggestions and study paths. This may involve analyzing your activity, answers, and progress to recommend relevant content or automatically generate new learning materials.

• Optional Feature: You can disable AI personalization at any time via your account settings.
• Data Usage: By using AI features, you allow us (and potentially our trusted AI providers) to process your user data/content to generate personalized outputs.
• No Guarantee of Accuracy: AI-generated suggestions may contain errors or omissions. Always review and use your own judgment before relying on AI outputs.
• Responsible Use: Do not prompt the AI to produce disallowed or harmful content. Any AI-generated content you publish is considered “user content” under these Terms.

6. Paid Features & Refunds

• Premium Subscriptions: Some advanced lessons or premium features require payment. Prices and payment details are shown at checkout. By purchasing, you agree to pay any applicable fees and taxes.
• Peer Marketplace (If Offered): If users buy/sell educational content to each other, EliteElise only facilitates the transaction. We are not liable for the quality or legality of user-sold materials. Disputes should be settled between buyer and seller.
• Refund Policy: Unless required by local law, all digital purchases are generally final and non-refundable. However, if you are in the EU or other jurisdictions with statutory “cooling-off” rights, those rights apply to the extent mandated by law.
• Third-Party App Stores: If purchased through Apple App Store, Google Play, or another platform, their payment/refund policies may govern. We do not control those refund processes.

7. Termination of Accounts

• User’s Right to Leave: You can delete your account or stop using EliteElise at any time. If you have an active subscription, you may need to cancel it separately to avoid future charges.
• Our Right to Suspend/Terminate: We may suspend or end your access if you violate these Terms, break the law, or if your use poses a risk to others or our service. We will attempt to notify you unless the violation is severe.
• Effect of Termination: You may lose access to your data or content. Public or shared content may remain accessible to others. Certain clauses (like intellectual property rights, disclaimers, limitation of liability, and dispute resolution) survive termination.
• No Refund for Violations: If your account is terminated due to misconduct, you will not be entitled to refunds for any remaining subscription period.

8. Disclaimers & Limitation of Liability

“As Is” Basis: EliteElise is provided on an “as is” and “as available” basis without warranties of any kind, to the fullest extent permitted by law. We do not guarantee the service will be error-free, uninterrupted, or meet your expectations.

Limitation of Damages: To the maximum extent allowed by law, EliteElise (and its owners, affiliates, employees) will not be liable for indirect, incidental, special, or consequential damages, including lost profits or data, arising from your use of or inability to use the service. Our total liability to you for all claims will not exceed the amount you have paid us in the past 12 months, or USD $50 if you have not made any payments.

Exceptions: Some jurisdictions do not allow certain warranty exclusions or liability limitations, so these limits may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by our negligence or fraud.

9. Dispute Resolution & Governing Law

• Informal Resolution: If you have a dispute, please contact us first. We prefer to address your concerns amicably before resorting to formal means.
• Arbitration & Class Action Waiver (U.S. Users): Except where prohibited by law, any dispute will be resolved by binding arbitration (under AAA rules) on an individual basis. You waive any right to join a class action or consolidated proceeding. If your local law disallows this, it does not apply to you.
• Governing Law: These Terms are governed by the laws of the State of California, USA, without regard to conflicts of law principles. Local consumer protections in your home jurisdiction may still apply.
• Venue: If a claim is not subject to arbitration, it must be filed in the state or federal courts located in [County], California, unless otherwise required by local law.

10. Updates to These Terms

We may update these Terms from time to time. If we make significant changes, we will notify you (for example, by email or in-app notice). Continued use after changes means you accept the new Terms. The “Last Updated” date at the top indicates when these Terms were last revised.

11. Contact Us

If you have questions or comments about these Terms, please reach us at:

Email: terms@flashnest.app