Terms of Service for Final Phase

Effective Date: 02.04.2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE FINALPHASE PROGRESSIVE WEB APPLICATION OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Final Phase ("Final Phase," "we," "us," or "our"), concerning your access to and use of the Service. You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms. Our Privacy Policy Our Privacy Policy is incorporated by reference into these Terms.

2. Description of Service

Final Phase provides a web-based application designed to assist users with learning and memorization... The Service is accessible via modern web browsers on various devices (as a Progressive Web App - PWA). Core functionality relies on local browser storage (IndexedDB), allowing for some offline use of previously loaded data. Full functionality, including AI features and data synchronization across devices, requires an internet connection and, for synchronization, a user account.

3. User Accounts

• Registration: To access most features of the Service, especially data synchronization and backup to our self-hosted cloud infrastructure (on Hetzner), you must register for an account. You may register by authenticating through a supported third-party service, such as GitHub or Google ("Third-Party Account"). When you register via a Third-Party Account, you authorize us to access and use certain account information from that service (e.g., your name, email address) as permitted by the third party and your privacy settings on that service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
• Account Termination: You may terminate your account at any time by contacting us. We reserve the right to suspend or terminate your account at any time, without notice, if you violate these Terms or engage in conduct that we deem harmful to the Service or other users.

4. User Content

• Your Content: You retain ownership of the content you create, upload, or generate within the Service, such as the text on your flashcards, your flashcards, study plans, and sets ("User Content").
• License Grant to Final Phase: By creating or submitting User Content through the Service, you grant Final Phase a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, display, distribute, and process your User Content solely for the purposes of operating, providing, improving, and promoting the Service. This includes processing your User Content through third-party AI services (like Google AI API) to provide AI-powered features you choose to use.
• Responsibility for Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to grant the licenses herein and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party, nor does it violate any applicable laws or regulations.
• Prohibited Content: You agree not to upload or create User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Attempt to circumvent any rate limiting imposed on API usage, particularly for AI features or data synchronization.
• Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
• Scrape, index, or otherwise collect information from the Service without our express written permission (except by standard search engine protocols).
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
• Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Overload, flood, spam, or crash the Service or interfere with any other party's use of the Service.
• Misuse AI features, such as attempting to generate prohibited content or unduly burdening the AI systems.

6. Intellectual Property Rights

Other than your User Content, the Service and its original content (including but not limited to software, text, graphics, logos, icons, images, audio clips, video clips, data compilations), features, and functionality are and will remain the exclusive property of Final Phase and its licensors. The Service is protected by copyright, trademark, and other laws of Poland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Final Phase.

AI-Generated Content: Content generated by the AI features ("AI Output") is provided for your use within the Service. While you may use the AI Output as part of your study materials, Final Phase and/or its AI provider (Google) may retain certain rights to the underlying models and the generation process itself. You remain responsible for ensuring the accuracy and appropriateness of any AI Output you use.

7. Premium Services and Payments

• Subscription Plans: Final Phase offers both free and paid subscription plans ("Premium"). Features available under each plan are described on our Pricing Section.
• Billing: Premium plans are billed on a subscription basis (e.g., monthly or annually) in advance. You will be billed automatically on a recurring basis through our third-party payment processor (Stripe).
• Payment Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You authorize us (through Stripe) to charge your chosen payment method for your subscription plan.
• Cancellations: You may cancel your Premium subscription at any time through your account settings or by contacting us. The cancellation will take effect at the end of your current billing cycle, and you will not be charged for subsequent cycles.
• No Refunds: Payments are non-refundable, and we do not provide refunds or credits for partially used subscription periods, unless required by applicable law (e.g., specific consumer rights in certain jurisdictions).
• Price Changes: We reserve the right to change the prices for our Premium plans at any time. We will provide reasonable notice (e.g., 30 days) of any price changes before they take effect, likely via email or an in-app notification.

8. Third-Party Services

The Service integrates with or relies upon third-party services, including but not limited to:

• Stripe: For processing payments. Your use of Stripe is subject to Stripe's terms and privacy policy.
• Google AI API (e.g., Gemini, Vertex AI): For providing AI-powered features. Your use of these features involves sending User Content to Google for processing, subject to Google's terms and privacy policies.
• Umami Analytics: For collecting usage data to improve the Service, subject to Umami's terms and privacy policy.
• Authentication Providers:
  • Google: For providing the option to register and log in to your Final Phase account using your Google credentials (OAuth). Your use of Google Sign-In is subject to Google's Terms of Service and Privacy Policy.
  • GitHub: For providing the option to register and log in using your GitHub credentials (OAuth). Your use of GitHub for authentication is subject to GitHub's Terms of Service and Privacy Statement.
• Backend Software: We utilize the open-source Supabase platform for backend infrastructure, authentication, and cloud database services.
• Infrastructure Hosting: Our primary infrastructure provider, hosting the Service and our self-hosted backend/database (using Supabase software), is Hetzner. Your use of the service is implicitly subject to Hetzner's acceptable use policies where applicable via our hosting.

Final Phase is not responsible for the operation, availability, or practices of these third-party services (Stripe, Google, Umami, Hetzner). Your interaction with these services is governed by their respective terms and policies.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 4), warranty disclaimers (Section 10), indemnity (Section 12), and limitations of liability (Section 11).

10. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FINALPHASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING AI-GENERATED CONTENT) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

SPECIFIC DISCLAIMER FOR AI FEATURES: THE AI FEATURES WITHIN THE SERVICE GENERATE CONTENT BASED ON THE DATA THEY WERE TRAINED ON AND THE INPUT YOU PROVIDE. WHILE WE STRIVE FOR USEFULNESS, FINALPHASE MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT GENERATED BY THE AI FEATURES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND USING AI-GENERATED CONTENT APPROPRIATELY. DO NOT RELY ON AI-GENERATED CONTENT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR VERIFIED INFORMATION.

Data Sync Disclaimer: While we strive to ensure reliable data synchronization for logged-in users between local storage and our self-hosted cloud backend (using Supabase software on Hetzner infrastructure), we do not guarantee that synchronization will always be instantaneous, complete, or error-free. Network conditions, device limitations, or service interruptions may affect sync performance. We are not liable for data loss resulting from sync failures, although we implement reasonable measures to prevent it. Users are encouraged to ensure critical data is synced before relying on it across devices or after significant offline periods.

11. Limitation of Liability

IN NO EVENT SHALL FINALPHASE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING AI-GENERATED CONTENT); AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR FIFTY DOLLARS ($50 USD), WHICHEVER IS GREATER. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU).

12. Indemnification

You agree to defend, indemnify, and hold harmless Final Phase and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) User Content posted on or submitted to the Service.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, likely via email or an in-app notification. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Final Phase regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us at: support@finalphase.app