Retain - Terms of Use

Welcome to Retain, the first and only goal-oriented innovative AI learning product designed to reach your personalized learning goal (“Service”). This Service is provided by Retain ("we", "us", or "our"). By accessing or using our Service, you agree to abide by these Terms of Service ("Terms"). Please review these Terms thoroughly before utilizing our Service. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and us concerning your access to and use of the www.app.retain.cards website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

1. Who are we

1.1. The Retain GbR, operating under the name "Retain," is the entity providing the services described herein. Further details about our company can be found at the bottom of this document.

2. Term definitions

This section provides definitions for certain terms used throughout this document.
  • "User" - individuals or organizations utilizing our Service, whether or not registered with us.
  • "Content" - all forms of information, including flashcards, posts, comments, images, photos, audio, video, advertisements, displayed, stored, or transmitted on or via our Service.
  • "Service" - encompasses our website and any associated services.

3. Entering a legal contract with us

3.1. When you register for our Service through our web application you are entering into a legal contract with us to use our Service.

3.2. By accessing any part of our Service that does not require registration or payment, you are also bound by these terms to the extent they are relevant.

4. Updates to Terms of Service and Notification of Changes

4.1. Additional terms and conditions or related documents that may be published on the Site periodically are included here by reference. We reserve the right, at our discretion, to update or modify these Terms as necessary. Changes will be indicated by updating the "Last updated" date of these Terms and you waive the right to receive individual notice of each modification. Please ensure that you review the relevant Terms each time you visit our Site to understand the current Terms in effect. By continuing to use the Site after the posting date of any revised Terms, you are acknowledging and accepting the changes.

4.2. If you do not agree to the new terms, particularly if they entail significant changes unrelated to legal amendments or regulations, you may notify us via email (at the address provided below) to terminate this contract before the new terms come into effect.

5. Account Registration

5.1. To access certain features of the Service, you may be required to create an account. You agree to provide accurate and complete information during registration and to keep this information updated. You are responsible for safeguarding your account and for all activities that occur under your account.

5.2. Your account is strictly for personal use and is non-transferable. You agree not to permit anyone else to utilize your account.

5.3 We reserve the right to remove, reclaim, or modify any username you select if, at our sole discretion, we deem it inappropriate, obscene, or otherwise objectionable.

6. Prohibited Activities

You are only permitted to access or use the Site for the purposes for which it is intended. Any commercial activities conducted on the Site must be explicitly endorsed or approved by us.

As a user of the Site, you agree not to:
  • Systematically retrieve data or other content from the Site without written permission from us.
  • Violate any laws or encroach upon the rights of others.
  • Attempt to bypass, disable, or disrupt security-related features of the Site, including those designed to prevent or limit access to content, or enforce usage restrictions on the Site or its content.
  • Engage in victimization or harassment of others.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner that contradicts any relevant laws or regulations.
  • Upload, transmit, or attempt to upload or transmit viruses, Trojan horses, or any other material that interferes with the uninterrupted use and enjoyment of the Site by any party. This includes, but is not limited to, excessive use of capital letters, spamming (continuous posting of repetitive text), or any action that modifies, impairs, disrupts with the use functions, operation, or maintenance of the Site.
  • Copy or adapt the Site's software, including but not limited to HTML, CSS, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Use the Site as part of any attempt to compete with us or engage in any revenue-generating or commercial activities using the Site or its Content.
  • Intercept or modify communications.
  • Deliberately exploit any bugs discovered within our Service.

We reserve the right to suspend or terminate your account and access to the Service if you are found to be in violation of these Terms.

7. User Data

7.1. You are responsible for your Content.

7.2. While we conduct regular backups, you bear sole responsibility for all data transmitted or associated with your Site activities. You agree that we bear no liability for any loss or corruption of such data, and you waive any claims against us arising from such loss or corruption.

7.3. You agree that you possess (and will maintain) all necessary rights to authorize us to utilize your Content as outlined by the Service and these terms and conditions.

8. Dealing with other Users

8.1. We do not endorse or recommend any Users or their Content. Your interactions with other users are undertaken at your own risk. We bear no legal responsibility for the accuracy of, or in relation to, flashcards or other Content, nor for any transactions between users.

9. Payment

9.1. Users are required to pay subscription fees to access certain features and services on retain.cards. Subscription fees are billed in advance, either through subscription (monthly, annually, or as otherwise described at the point of purchase) or on a one-time basis, as applicable. Prices, subscription periods, and accepted payment methods are explained on our Service.

9.2. All payments on retain.cards are securely processed through our third-party payment processor, Stripe. Users must provide accurate payment information and ensure its continued accuracy.

You can cancel your subscription at any time via the Stripe Billing Portal accessible through our website.

9.3. By providing payment information, you authorize us to charge the specified amount to your chosen payment method. If you choose a subscription-based payment model, your subscription will automatically renew at the end of each billing period unless canceled.

9.4. It is your responsibility to update your payment details as necessary.

10. Discount codes

10.1. Codes are subject to any additional specific terms and conditions specified at the point of issue. We reserve the right to discontinue or alter any discount codes at our discretion, without prior notification.

11. Ending or suspending this contract

11.1. You have the right to terminate this contract at any time, independent of cancelling your subscription, by deleting your account as detailed on our Service. For deleting your account please contact support@retain.cards.

11.2. We reserve the right to terminate this contract at any time if:
  • You breach this contract;
  • Any fees owed by you remain unpaid or are charged back;
  • Acting reasonably, we determine it necessary to protect you, us, or others;
  • We are legally obligated to do so by applicable law or regulation, or to comply with an order, instruction, or request from a competent authority;

12. Service Reliability and Performance

12.1. We cannot guarantee uninterrupted or error-free performance of the Service.

13. Restrictions on our legal responsibility

13.1. If you are a consumer, you will be liable to us for any reasonably foreseeable loss or damage we incur (including claims made by third parties) due to your breach of this agreement or misuse of our Service.

14. Intellectual property rights

14.1. You retain ownership of the intellectual property rights in your flashcards and any Content you submit to us for display on our Service. By providing such material, you grant us a royalty-free, perpetual license to use and adapt it in any manner we deem appropriate on our Service and other channels, including social media, for the purpose of enhancing, redistributing, and promoting our Service. Additionally, you grant us permission to utilize the data for training our own spaced-repetition models and thus improve the user experience.

14.2. We may collect and analyze data related to your usage of our services, including created flashcards and learning progress, for data analysis purposes and to enhance the functionality of our platform. This data may also be utilized to improve our AI models and algorithms. However, rest assured that this analysis will be conducted in an aggregated and anonymized manner to ensure your privacy is protected.

14.3. You also authorize us to take any necessary legal action to protect your intellectual property rights in the Content. Additionally, you waive any moral rights associated with the Content to the extent permitted by law.

14.4. If you share your flashcards or other Content, you grant our other Users the right to use your Content in accordance with these Terms.

15. Use

1. Retain is not liable for the uploaded materials of users.

2. By uploading learning materials, users assure the platform that they have rights of use to the learning materials they upload and that they are not committing copyright infringement.

3. By uploading their own content in this application, users grant the provider a non-exclusive, free of charge, irrevocable right to access, use, store, copy, modify, distribute, publish, create derivative works from, broadcast, transmit or otherwise exploit the content for the purpose of providing their own service and promoting it in any media and in any manner.

4. Users may use the content only to the extent necessary or appropriate for the proper use of the service. In particular, users are not permitted to reproduce, download or transfer the content to third parties.

5. The contents and services of Retain may not be misused.

6. Users assume responsibility for all materials they upload to or distribute or make available through this platform. Users acknowledge and agree that the Service Provider has no obligation to screen or filter such materials.

7. Retain reserves the right to delete all user content on the platform without giving reasons.

8. By using this platform, users agree that their data, including uploaded content, may be transmitted to and stored on servers located in various regions worldwide, including both EU and non-EU countries, for processing and storage purposes. The service provider will take appropriate measures to ensure data protection in compliance with applicable regulations, but users acknowledge that data may be subject to the laws of the jurisdiction where it is processed.

16. Fair Usage Policy

Our subscriptions enable unlimited uploading of documents for automated flashcard creation. However, to ensure fair usage and prevent abuse, this offer is subject to a Fair Usage Policy. The internal maximum of processed documents is set so that users can easily process the material of a semester. This cap serves to secure system integrity and service quality for all users, as well as to control costs. Should this limit be reached, the ability to upload further documents will be temporarily restricted, and no additional documents can be uploaded. Customers who reach their limit are invited to contact us to request reactivation for further uploads. This measure ensures continuous and fair access to our services for all users.

17. German law and courts

15.1 This agreement is subject to German law, and any disputes will be exclusively settled by the courts of Germany. If you are a consumer, you will benefit from the protections provided by mandatory laws of your country of residence. These Terms and Conditions do not affect your rights as a consumer to rely on such mandatory provisions of local law.

18. Complaints

16.1. If you have any complaints, kindly reach out to us using the contact information provided below.

19. Information about us

Retain GbR

support@retain.cards