Learnerly AI is a product of SonicSpark LLC, registered in NM, US ("SonicSpark LLC"). References to "Learnerly", "we", "us", or "our" in these Terms mean SonicSpark LLC.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Learnerly ("Learnerly", "we", "us", or "our") governing your access to and use of our website, mobile and desktop applications, products, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services.

3. Accounts

To use certain features, you may need to create an account. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.

4. Beta Status

Some parts of the Services are offered in beta. You understand that beta features may contain bugs, be incomplete, or change at any time. We appreciate your feedback and may contact you regarding your beta experience, including via our community channels such as Discord.

5. Credits, Subscriptions, and Payments

• Credits: AI operations may consume credits based on usage. Details appear in the product and pricing pages.
• Subscriptions: If you purchase a subscription (e.g., Student or Scholar), it will auto-renew unless canceled before the renewal date.
• Pay-As-You-Go: Credit packs are one-time purchases and, unless stated otherwise, do not expire.
• Trials and Promotions: Free trials or promotional offers are subject to change and may have usage limitations.
• Billing: You authorize us and our payment processors to charge your payment method for the selected plan or credits. Taxes may apply.
• Refunds: Except where required by law, payments are non-refundable. We may, at our discretion, provide refunds or credits.

6. User Content

You retain ownership of the content you submit, upload, or process through the Services ("User Content"). You grant us a limited license to host, process, and display User Content solely to provide and improve the Services. You represent that you have all rights necessary to submit the User Content and that it does not violate any laws or third-party rights.

7. Acceptable Use

You agree not to misuse the Services or help anyone else to do so. Prohibited activities include, without limitation: illegal activity; infringement; reverse engineering; attempting to bypass security; generating or disseminating malware; scraping without permission; or using the Services to create content that is unlawful, harmful, or violates others’ rights.

8. Intellectual Property

The Services, including software, features, and content (excluding User Content), are owned by Learnerly or its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Services.

9. Third-Party Services

The Services may link to or integrate with third-party sites or providers (e.g., app stores, analytics, payment processors, community platforms like Discord). We are not responsible for third-party services and your use is subject to their terms.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and safeguard your data.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNERLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Learnerly and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Upon termination, the rights granted to you will cease immediately.

15. Changes to the Services or Terms

We may modify the Services or these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the “Last Updated” date. Your continued use of the Services constitutes acceptance of the changes.

16. Governing Law

These Terms are governed by the laws of your local jurisdiction unless a different governing law is required by mandatory consumer protection laws. Any disputes will be subject to the exclusive jurisdiction of the courts in such jurisdiction.

17. Contact Us

If you have questions about these Terms, contact us at [email protected] or join our community at Discord.