Terms of Service

These Terms of Service ("Terms") govern your access to and use of the flashcard application and website available at https://penguen.io ("the App"), operated by penguen.io, 37 Mayne Road, Bowen Hills QLD 4006, Australia ("we", "us", or "our").

By creating an account or using the App in any way, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. By using the App, you confirm that you meet this requirement.

If you are under 18, you confirm that you have your parent's or guardian's permission to use the App and that they have read and agreed to these Terms on your behalf.

We do not knowingly allow children under 13 to create accounts. If we become aware that a user is under 13, we will close their account and delete their data.

2. Your Account

2.1 Registration

To use the full features of the App, you must create an account using a valid email address and a password. You agree to provide accurate and current information when registering and to keep it up to date.

2.2 Account Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you suspect unauthorised access, notify us immediately at support@penguen.io. We are not liable for losses resulting from unauthorised use of your account.

2.3 One Account per Person

You may not create multiple accounts to circumvent restrictions or bans.

2.4 Account Closure

You may close your account at any time by contacting us at support@penguen.io. On closure, your personal data will be handled in accordance with our Privacy Policy.

3. The Service

3.1 What We Provide

penguen.io provides a flashcard-based learning tool that allows you to create, store, organise, and study flashcard decks linked to your account.

3.2 Service Availability

We aim to keep the App available at all times but do not guarantee uninterrupted or error-free access. We may suspend or restrict access to carry out maintenance, improvements, or in response to a security incident.

3.3 Changes to the Service

We may add, modify, or remove features at any time. Where a change materially reduces the service you are paying for, we will provide reasonable notice and, where applicable, a prorated refund for unused subscription time.

3.4 Beta Features

From time to time we may offer features in beta or preview. These are provided as-is and may be changed or withdrawn without notice.

4. Subscriptions and Payments

4.1 Paid Plans

Some features of the App require a paid subscription. Current pricing is displayed on our website at https://penguen.io.

4.2 Payment Processor

All payments are processed by Lemon Squeezy (Lemon Squeezy, LLC), who acts as the merchant of record for all purchases. By completing a purchase, you also agree to Lemon Squeezy's terms of service and privacy policy.

4.3 Billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you choose) until cancelled. By subscribing, you authorise Lemon Squeezy to charge your payment method at the start of each billing period.

4.4 Price Changes

We may change subscription prices with at least 30 days' notice. If you do not cancel before the price change takes effect, you will be charged at the new rate from your next billing date.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@penguen.io. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

4.6 Refunds

Because Lemon Squeezy acts as the merchant of record, refund requests are subject to Lemon Squeezy's refund policy. We will use reasonable efforts to assist you with legitimate refund requests. As a general policy, we offer refunds within 14 days of initial purchase if you have not made substantial use of the paid features. Recurring renewal charges are not refundable after they have been processed.

4.7 Taxes

Prices displayed may or may not include applicable taxes. Lemon Squeezy is responsible for calculating, collecting, and remitting applicable sales tax, GST, VAT, and similar taxes as the merchant of record.

5. Your Content

5.1 Ownership

You retain full ownership of the flashcard sets, decks, notes, and any other content you create and upload to the App ("Your Content").

5.2 Licence to Us

By storing Your Content on the App, you grant us a limited, non-exclusive, royalty-free licence to store, display, and reproduce Your Content solely to the extent necessary to provide the service to you. We do not use Your Content for advertising or to train artificial intelligence models without your explicit consent.

5.3 Your Responsibility

You are solely responsible for Your Content. You confirm that:

• You own Your Content or have the right to use it;
• Your Content does not infringe any third party's intellectual property rights, privacy rights, or any applicable law; and
• Your Content does not contain material that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.

5.4 Removal

We reserve the right to remove any content that we reasonably believe violates these Terms or applicable law, without prior notice.

5.5 Backup

We take reasonable steps to protect your data, but we do not guarantee that Your Content will never be lost. You are responsible for maintaining your own backups of important content.

6. Acceptable Use

You agree not to use the App to:

• Violate any applicable law or regulation;
• Infringe the intellectual property, privacy, or other rights of any person;
• Upload or distribute viruses, malware, or any code designed to disrupt or damage the App or its users;
• Attempt to gain unauthorised access to the App, its servers, or any related systems or networks;
• Use automated tools, bots, scrapers, or scripts to access or extract data from the App without our written permission;
• Harass, abuse, or harm another person;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the App for any commercial purpose not expressly permitted by these Terms; or
• Circumvent, disable, or interfere with security features of the App.

We reserve the right to suspend or terminate your account immediately if you breach this section.

7. Intellectual Property

7.1 Our Property

The App, including its design, code, branding, logo, and all content created by us, is owned by or licensed to penguen.io and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the App without our express written permission.

7.2 Feedback

If you submit suggestions, feedback, or ideas about the App, you grant us the right to use that feedback without restriction and without any obligation to compensate you.

8. Privacy

Our Privacy Policy explains how we collect and use your personal information. By using the App, you acknowledge that you have read and understood the Privacy Policy.

9. Third-Party Services

The App integrates with or links to third-party services including Lemon Squeezy, Google Analytics, and Cloudflare. We are not responsible for the practices, content, or availability of any third-party service. Your use of third-party services is governed by their own terms and policies.

10. Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The App will be uninterrupted, timely, or error-free;
• Defects will be corrected;
• The App or the servers that make it available are free of viruses or other harmful components; or
• The App will meet your specific requirements.

To the maximum extent permitted by applicable law, including the Australian Consumer Law, we exclude all implied warranties.

Nothing in these Terms excludes any guarantee, warranty, or condition implied by the Australian Consumer Law or any other legislation that cannot lawfully be excluded. If such a guarantee applies, our liability is limited, to the extent permitted by law, to resupplying the service or paying the cost of having the service supplied again.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the App;
• Our total aggregate liability to you for any claim arising out of or relating to these Terms or the App shall not exceed the greater of: (a) the total amount you paid to us in the 12 months before the claim arose; or (b) AUD 100.

These limitations apply whether the claim is based in contract, tort (including negligence), statute, or any other legal theory, and even if we have been advised of the possibility of such damages.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under Australian Consumer Law or other mandatory applicable law.

12. Indemnity

You agree to indemnify and hold harmless penguen.io and its officers, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the App in breach of these Terms;
• Your Content; or
• Your violation of any third party's rights.

13. Termination

13.1 By You

You may stop using the App and close your account at any time.

13.2 By Us

We may suspend or terminate your access to the App at any time if:

• You breach these Terms;
• We are required to do so by law; or
• We decide to discontinue the App, in which case we will provide reasonable advance notice.

13.3 Effect of Termination

On termination, your right to use the App ceases immediately. Sections 5, 7, 10, 11, 12, and 14 survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of Queensland, Australia. You and we agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the federal courts of Australia for the resolution of any disputes.

If you have a dispute with us, we encourage you to contact us first at support@penguen.io so we can try to resolve it informally.

Nothing in this section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the App, and we will update the "Last Updated" date at the top of this document. Your continued use of the App after the effective date of the updated Terms constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you must stop using the App and may close your account.

16. General

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force.

16.3 No Waiver

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

16.4 Assignment

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

16.5 Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, internet outages, government actions, or third-party service failures.

17. Contact

If you have any questions about these Terms, please contact us:

Email: support@penguen.io
Post: penguen.io, 37 Mayne Road, Bowen Hills QLD 4006, Australia