Terms of Service

Welcome to Affectly. Please read these Terms of Service ("Terms") carefully before using our emotion-aware learning platform. By accessing or using Affectly, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using Affectly ("Service," "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after modifications constitutes acceptance of the updated Terms.

2. Description of Service

Affectly is an emotion-aware learning platform that adapts educational content based on user emotional states and learning preferences. The Service includes personalized learning experiences, flashcard systems, progress tracking, and related features.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Accounts

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including all content, features, functionality, software, algorithms, methodologies, designs, graphics, logos, and trademarks, is owned by Affectly and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our proprietary emotion-aware learning technology, adaptive algorithms, and educational methodologies constitute valuable trade secrets and confidential information. Unauthorized copying, reverse engineering, decompilation, or creation of derivative works is strictly prohibited.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes only. This license does not include the right to:

• Modify, copy, or create derivative works
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices
• Use the Service for commercial purposes without authorization
• Transfer your rights to any third party

5. User Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for operating and improving the Service.

You represent that your content does not violate any third-party rights or applicable laws.

6. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Scrape, harvest, or collect data from the Service
• Use automated systems or bots without permission
• Impersonate others or provide false information
• Engage in any conduct that restricts others' use of the Service
• Copy, reproduce, or imitate our platform, features, or business model

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your requirements, achieve any intended results, or be compatible with any other software or systems.

Educational content provided is for informational purposes only and should not be considered professional advice. We make no guarantees regarding learning outcomes.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFECTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE
• DAMAGES RESULTING FROM INTERRUPTION OR CESSATION OF SERVICE
• DAMAGES FROM BUGS, VIRUSES, OR ERRORS IN CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless Affectly and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or submissions
• Any misrepresentation by you

10. Dispute Resolution

10.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. We will attempt to resolve the dispute within 30 days.

10.2 Binding Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration, except for claims eligible for small claims court. Arbitration shall be conducted on an individual basis; class actions and class arbitrations are not permitted.

10.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AFFECTA.

11. Governing Law

For Australian Users: These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable Australian law that cannot be excluded by agreement.

For Other Users: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Affectly operates, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in that jurisdiction.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive termination.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy and Copyright Notice, constitute the entire agreement between you and Affectly regarding the Service and supersede all prior agreements.

15. Waiver

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

16. Assignment

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

17. Contact Information

For questions about these Terms, please contact us at:

Affectly
Email: origae.dev@gmail.com