TERMS OF USE

1. Acceptance of terms

These Terms of Use ("Terms") govern access to and use of the Memorix application ("Memorix" or the "App"), made available by BRUNO GONÇALVES LEITE BONECKER DOS SANTOS, registered under CNPJ/CPF No. 054.468.987-96, hereinafter referred to as "Memorix," "we," or "us."

By creating an account, installing, or using Memorix, you ("User" or "you") fully agree to these Terms and to Memorix's Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with any provision of these Terms, you should not use the App.

If you are under 18 years of age, your use of Memorix is subject to the authorization and supervision of your parents or legal guardians, as detailed in Section 4 of these Terms and Section 12 of the Privacy Policy.

2. Description of the service

Memorix is a study and memorization app that allows Users to create, organize, and review flashcard decks, with the goal of supporting learning and content-retention processes.

Memorix is built on the Base44 platform and may, over time, incorporate new features, including, without limitation, community and deck-sharing features among Users ("Community Features"), subscriptions or paid versions ("Premium Features"), and artificial intelligence integrations. The availability of any specific feature may vary depending on the version of the App installed and the User's region.

We reserve the right to modify, suspend, or discontinue, in whole or in part, the App or any of its features at any time, with or without prior notice, without this giving rise to any right to compensation, except for consumer rights applicable to paid, unused Premium Features.

3. Registration and user account

To use most of Memorix's features, you must create an account by providing a valid email address and password. Authentication is processed through Base44's native system, as described in the Privacy Policy.

You are responsible for maintaining the confidentiality of your password and for all activities carried out under your account. You agree to notify us immediately of any unauthorized use of your account, through the contact email listed in Section 15 of these Terms.

You agree to provide true, complete, and up-to-date information when registering, and to keep it updated. Memorix may suspend or terminate accounts that contain false information or that violate these Terms.

Each User may maintain only one personal account, unless expressly authorized otherwise. Accounts may not be assigned, sold, or transferred to third parties.

4. Minimum age and use by minors

Memorix is an educational app that may be used by students of different ages. Users under 18 years of age may use the App provided the rules in this section and Section 12 of the Privacy Policy are observed.

Children under 12 years of age may only use Memorix with the specific and prominent consent of at least one parent or legal guardian, who must supervise the child's use of the App.

Teenagers between 12 and 17 years of age may create and use their own account; parental or guardian oversight of digital app usage in general is recommended, particularly with respect to any Community Features and in-app purchases.

Parents and legal guardians are responsible for supervising the use of Memorix by minors in their care, including any purchases made within the App.

5. User-generated content

"User Content" means any deck, flashcard, text, image, or other material that you create, upload, or store in Memorix.

You are solely responsible for the User Content you create, including its accuracy, legality, and appropriateness. You represent and warrant that you hold all necessary rights to any User Content you publish, and that such content does not infringe copyrights, trademarks, image rights, or any other third-party rights, and does not contain illegal, offensive, discriminatory, or inappropriate material.

You retain ownership of the User Content you create. By submitting User Content to Memorix, you grant us a worldwide, non-exclusive, royalty-free, limited license to host, store, reproduce, and display that content solely to the extent necessary to operate, maintain, and provide the App to you (and, when you choose to use Community Features, to other Users with whom you share the content). This license lasts for as long as the content remains stored in the App and terminates upon deletion of the content or your account, except for backup copies retained for a reasonable technical period or to preserve the functionality of Memorix, particularly within Community Features.

Memorix does not claim ownership of User Content and does not undertake to verify the pedagogical or factual accuracy of decks and flashcards created by Users.

6. Community features (sharing among users)

Memorix may, in future versions, offer Community Features that allow Users to share, publish, or make decks visible to other Users, whether publicly or within specific groups. This section applies whenever such features are active in the version of the App you are using.

By choosing to share User Content through Community Features, you understand and agree that such content may become visible to other Users, and you grant those Users a limited license to view and use the shared content solely for personal study purposes, and you may not authorize its redistribution outside the App without your permission.

When using Community Features, you agree not to publish User Content that: (a) infringes third-party copyrights or other intellectual property rights; (b) contains hate speech, harassment, discrimination, or sexually explicit content; (c) contains third-party personal information without consent; (d) contains malware, spam, or malicious links; or (e) violates any applicable law.

Memorix reserves the right, but not the obligation, to moderate, hide, or remove User Content shared through Community Features that violates these Terms, and to suspend or terminate the accounts of repeat offenders, without prejudice to any other applicable measures.

If you believe that User Content shared through Community Features infringes your copyright or other rights, you may notify Memorix in accordance with the procedure to be detailed in Memorix's Copyright and Intellectual Property Policy.

7. Memorix's intellectual property

Memorix, including its name, logo, design, source code, algorithms (including the spaced-repetition system, where applicable), interface, and all material that is not User Content, is owned by Memorix or its licensors and is protected by applicable intellectual property laws.

These Terms do not grant you any ownership right in the App, but only a personal, limited, non-exclusive, non-transferable, and revocable license to install and use Memorix on your personal devices, for non-commercial purposes, in accordance with these Terms and the policies of the app store through which you obtained it.

You may not copy, modify, reverse engineer, decompile, create derivative works from, commercially distribute, or otherwise exploit Memorix in any unauthorized manner, except to the extent such restriction is prohibited by applicable law.

8. Purchases, subscriptions, and premium features

Memorix may offer, in whole or in part, additional features for payment, whether through a one-time purchase or a recurring subscription ("Premium Features").

All purchases made within the App are processed by the app store through which Memorix was obtained (for example, Google Play Billing), and are additionally subject to that store's payment, billing, refund, and cancellation terms. Memorix does not collect or store full credit card data or other payment method details.

Subscriptions, where available, may automatically renew at the end of each billing period, unless canceled by you directly in your account settings within the relevant app store, with the advance notice required by that store's policies.

Prices, plans, and the features included in each Premium Feature may be changed at any time, with such changes communicated to Users in advance, without prejudice to consumer rights applicable to periods already paid for and not yet used.

Refunds, where applicable, will follow the policies of the app store used and applicable consumer protection law, including the right of withdrawal provided for under Article 49 of Brazil's Consumer Protection Code, where applicable.

9. Rules of Conduct

When using Memorix, you agree not to:

1. (a) violate any applicable laws, regulations, or third-party rights;
2. (b) use the App for fraudulent, unlawful, or unauthorized purposes;
3. (c) attempt to gain unauthorized access to systems, servers, or other Users' accounts;
4. (d) use bots, automated scripts, or other technical means to extract data from the App ("scraping") or to overload its infrastructure;
5. (e) transmit viruses, malware, or any malicious code through the App;
6. (f) impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity;
7. (g) use Memorix for unauthorized commercial purposes, including reselling access to the App.
8. (h) deliberately use false and/or incorrect information that, whether intentionally or not, harms the user and their studies.

Failure to comply with these rules may result in the suspension or termination of your account, without prejudice to any other applicable legal measures.

10. Suspension and termination

You may terminate your account at any time, by request to the contact email listed in Section 15. Account termination will follow the data retention and deletion rules described in the Privacy Policy.

Memorix may suspend or terminate, temporarily or permanently, the access of any User who violates these Terms, with prior notice whenever possible, except in cases of serious violations or risk to the security of the App or other Users, in which case suspension may occur immediately.

Paid Premium Features that go unused due to account termination initiated by Memorix, without cause attributable to the User, may be refunded on a pro-rata basis, in accordance with applicable consumer protection law.

11. Disclaimer of warranties

Memorix is provided "as is" and "as available," without warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.

Memorix does not warrant that the App will operate uninterrupted or error-free, or that the educational content created by Users will be accurate, complete, or suitable for any specific learning, assessment, or certification purpose.

Nothing in this section is intended to exclude or limit consumer rights that cannot be validly excluded or limited under applicable Brazilian law.

12. Limitation of liability

To the fullest extent permitted by applicable law, Memorix shall not be liable for indirect, incidental, special or consequential damages arising from the use of, or inability to use, the Application, including loss of data, loss of profits or business interruption, where such exclusion is legally permitted.

Memorix does not guarantee any particular academic, educational or examination outcome, and shall not be responsible for poor academic performance or for decisions made by Users based solely on the use of the Application.

Where permitted by applicable law, Memorix’s aggregate liability arising out of or relating to these Terms or the use of the Application shall not exceed the total amount actually paid by the User to Memorix during the 12 (twelve) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or limits any liability or right that cannot lawfully be excluded or limited under applicable law, including rights and remedies available under the Brazilian Consumer Protection Code (Lei nº 8.078/1990), applicable data protection legislation, or liability arising from wilful misconduct, fraud or other circumstances for which limitation of liability is prohibited by law.

13. Indemnification

You agree to indemnify and hold Memorix, its developers, and contributors harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your User Content; (b) your violation of these Terms; or (c) your violation of third-party rights, to the extent permitted by applicable law.

14. Changes to these terms

These Terms may be updated periodically to reflect changes to the App, our practices, or applicable law. The current version will always be available within the App.

Material changes will be communicated to you with reasonable advance notice. Continued use of Memorix after such changes take effect constitutes your acceptance of the new Terms. If you do not agree with the changes, you must stop using the App and may terminate your account, as set out in Section 10.

15. Contact

If you have questions about these Terms, please contact us at: LEGAL@MEMORIXAPP.COM.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of RIO DE JANEIRO / RJ are elected to settle disputes, with express waiver of any other, however privileged, except for cases of mandatory jurisdiction provided for by law, such as those relating to consumer protection, which may guarantee the User the jurisdiction of their domicile.