Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Amazy Design LLC, a California limited liability company ("Amazy Design," "we," "us," or "our"), which operates Neoneks (the "Service") at www.neoneks.com. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service. You must be at least 16 years old to use Neoneks. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

The Service

Neoneks is an AI-assisted adaptive learning application that generates flashcard content, text, audio, and images to support your studies, lets you import study material (including Anki .apkg packages, PDF, text, and URL or YouTube sources), and schedules reviews using spaced repetition (the FSRS algorithm). Where the Service permits, you may also publish, share, or distribute decks to other users. We may add, modify, suspend, or discontinue features at any time. The Service is intended as a study aid only.

Accounts

Accounts are created and managed via Clerk, our authentication provider. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate information, must be at least 16 years old to register, and must promptly notify us of any unauthorised use. We reserve the right to suspend or terminate accounts that violate these Terms.

Subscriptions & Billing

Neoneks offers a free tier and a Pro subscription plan:

• Pro Monthly: $9.00 USD per month
• Pro Yearly: $72.00 USD per year (equivalent to $6.00/month)

Pro subscriptions renew automatically at the end of each billing period. You will be charged via the payment method on file. Payments are processed by Stripe; we do not store your full card details.

You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period — you retain access to Pro features until that date. No partial refunds are issued for unused time within a billing period unless required by applicable law.

We reserve the right to change subscription prices. We will provide at least 30 days' written notice (via email or in-app notification) before any price change takes effect. Continued use of the Service after the notice period constitutes acceptance of the new price.

Refunds

All subscription fees are non-refundable except where a refund is required by applicable law. If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a contract for digital services within 14 days of purchase, provided the service has not been fully performed; by starting to use the paid Service during this period you acknowledge that your withdrawal right is limited accordingly. Cancelling a subscription stops future renewals; you keep access to paid features until the end of the current billing period.

Acceptable Use

You agree not to:

• Use the Service in a way that interferes with, disrupts, or damages it or its infrastructure
• Scrape, crawl, or extract data from the Service by automated means without our written permission
• Resell, sublicense, or redistribute access to the Service or its AI-generated outputs except as expressly permitted
• Upload, input, generate, publish, or share content that is unlawful, infringing, defamatory, harassing, hateful, obscene, or that violates the rights of any third party
• Attempt to circumvent usage limits, authentication, or access controls, or to reverse engineer, decompile, or probe the Service for vulnerabilities
• Upload or transmit viruses, malware, or any code of a destructive or disruptive nature
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

User Uploads & Licenses

You retain ownership of all materials you upload to or input into Neoneks, including text, documents, Anki packages, PDFs, URLs, and other source content ("User Content"). We claim no ownership of your User Content.

You represent and warrant that you own, or have obtained all rights, licences, consents, and permissions necessary to, upload your User Content and to grant the licences in these Terms, and that your User Content and our processing of it does not and will not infringe, misappropriate, or violate any third-party intellectual property, privacy, publicity, or other right, or any applicable law. You are solely responsible for your User Content and its legality.

By uploading or inputting User Content, you grant Amazy Design a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process (including by transmitting relevant excerpts to third-party AI providers such as OpenAI and Google to generate study materials on your behalf), display to you, and otherwise use your User Content solely to provide, operate, secure, and improve the Service. This licence ends when you delete the relevant User Content or your account, except to the extent the content has already been shared with or copied by other users under the section below, or where retention is required by law or for backup, security, or legal-compliance purposes.

Do not upload content you do not have the right to use. You are responsible for ensuring that any materials you upload do not infringe third-party copyright, trade secrets, or other intellectual property rights. We may remove User Content that we believe, in our sole discretion, violates these Terms or applicable law.

Publishing & Sharing Decks

Where the Service permits, you may publish a deck publicly or share it with other users ("Shared Content"). Publishing or sharing is entirely at your discretion and at your sole risk and responsibility.

In addition to the representations in the section above, when you publish or share a deck you further represent and warrant that you own or have all rights, licences, and permissions (including under copyright and other intellectual property and privacy laws) necessary to publish, share, distribute, and authorise others to use the Shared Content, and that the Shared Content is not infringing, unlawful, defamatory, deceptive, harmful, or otherwise in violation of these Terms or the rights of any third party.

By publishing or sharing a deck, you grant Amazy Design a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to host, store, reproduce, distribute, publicly display, publicly perform, and otherwise use the Shared Content, and to sublicense it to other users of the Service so that they may access, copy, study, and use it for their own personal, non-commercial learning. You grant each other user who accesses your Shared Content a non-exclusive, worldwide, royalty-free licence to use it for their own personal learning, subject to these Terms.

You acknowledge that, with respect to Shared Content, Amazy Design acts solely as a passive host and neutral intermediary that stores and transmits content at the direction of its users. We do not pre-screen, endorse, verify, or assume responsibility for Shared Content, and you — not Amazy Design — bear sole responsibility for any deck you publish or share.

We reserve the right, but assume no obligation, to monitor, review, refuse, restrict access to, remove, or take down any Shared Content at any time, for any reason or no reason, in our sole discretion, without prior notice and without liability to you or any third party.

If you delete Shared Content or your account, copies that other users have already saved, copied, or downloaded may persist, and the licences you granted to us and to those users with respect to such copies survive.

Our Intellectual Property

The Neoneks platform, the Neoneks name and logo (for which trademark protection is being pursued), software, design, and any original content created by us are owned by Amazy Design LLC and protected by applicable intellectual property laws. Nothing in these Terms grants you any rights in our intellectual property other than the limited, revocable, non-transferable licence to access and use the Service as intended.

Feedback

If you send us suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), you grant Amazy Design a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use, reproduce, modify, and exploit that Feedback for any purpose, without any obligation, attribution, or compensation to you. Feedback is provided voluntarily and is non-confidential.

Copyright Policy (DMCA)

Amazy Design respects the intellectual property rights of others and expects users to do the same. We respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA").

If you believe content on the Service infringes your copyright, send a written notice to our designated agent at support@neoneks.com that includes all of the following (17 U.S.C. § 512(c)(3)): (1) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to let us locate it (e.g. a URL or deck identifier); (4) your contact information, including address, telephone number, and email; (5) a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

If your content was removed and you believe it was removed in error or misidentification, you may send a counter-notice to support@neoneks.com that includes: (1) your physical or electronic signature; (2) identification of the material that was removed and the location where it appeared before removal; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, the Northern District of California), and that you will accept service of process from the person who provided the original notice or their agent. We may reinstate the removed content as permitted under the DMCA.

In appropriate circumstances, and at our sole discretion, we will disable or terminate the accounts of users who are repeat infringers.

Designated DMCA agent: Amazy Design LLC, support@neoneks.com.

Third-Party Services & Links

The Service relies on and may link to third-party services (including Clerk, Stripe, OpenAI, Google, and others) and to third-party websites and content. We do not control and are not responsible for third-party services or content, and your use of them may be governed by their own terms and policies. We disclaim all liability arising from third-party services, links, or content.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Amazy Design LLC and its officers, members, managers, employees, contractors, and agents (the "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content or Shared Content (including any content you upload, generate, publish, or share); (b) your access to or use of the Service; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (e) your violation of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence.

Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice or liability, if you breach these Terms, if we are required to do so by law, or to protect the Service, other users, or third parties; we may also terminate with reasonable notice for any other reason. You may delete your account at any time via the Settings page. Upon termination, your right to use the Service ceases and the licences we grant you end. Licences you granted us in User Content terminate on deletion as described above, except that licences in Shared Content already copied or shared with other users survive. Provisions that by their nature should survive termination — including the User Uploads, Publishing & Sharing, Feedback, Indemnification, Disclaimers & Limitation of Liability, Dispute Resolution, and General provisions — survive.

Data Protection & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Under GDPR, EU/EEA users have rights including access, rectification, erasure, and data portability. To exercise these rights, or for any data-related inquiries, contact us at support@neoneks.com or use the data export and deletion tools in Settings.

Disclaimers of Warranties

THE SERVICE, INCLUDING ALL AI CONTENT, USER CONTENT, AND SHARED CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMAZY DESIGN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, timely, error-free, or available at any particular time or location, that defects will be corrected, or that AI Content or any results — including learning outcomes, retention, grades, or exam performance — will be accurate, reliable, complete, or achieved. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any rights you may have as a consumer under applicable mandatory law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMAZY DESIGN AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY RELIANCE ON AI CONTENT, OR ANY USER OR SHARED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF AMAZY DESIGN ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, and nothing limits any rights you may have as a consumer under applicable mandatory law.

Dispute Resolution; Arbitration & Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Except as set out below, you and Amazy Design agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by JAMS or, if JAMS is unavailable, the American Arbitration Association (AAA), under its then-current rules. The arbitration shall be held in California, or by videoconference or telephone where the rules permit, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this agreement to arbitrate.

YOU AND AMAZY DESIGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.

Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the matter stays in that court and proceeds on an individual basis.

You may opt out of this arbitration agreement and class-action waiver by sending written notice to support@neoneks.com within 30 days of first accepting these Terms, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the Governing Law section's court-jurisdiction provisions apply to disputes between you and us.

If you are a consumer resident in the EU, EEA, or the United Kingdom, this arbitration agreement and class-action waiver do not deprive you of the protection of mandatory provisions of the law of your country of residence, and you retain the right to bring proceedings in, and to rely on the mandatory consumer-protection rules and courts of, your country of residence.

Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law provisions, and, with respect to arbitration, by the U.S. Federal Arbitration Act. Subject to the Dispute Resolution section, and to the extent any dispute is not subject to arbitration, the state and federal courts located in California shall have exclusive jurisdiction, and you consent to their jurisdiction and venue. For EU/EEA and UK consumers, the mandatory consumer-protection rules and courts of your country of residence continue to apply regardless of this choice of law and forum.

Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or an in-app notice at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

General

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Amazy Design regarding the Service and supersede any prior agreements on that subject.

Assignment. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganisation, or sale of assets, without restriction. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this provision is void.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, governmental action, internet or power failures, or failures or outages of third-party services or providers.

Export & Sanctions Compliance. You represent that you are not located in, and are not a national or resident of, any country or on any list subject to U.S. or other applicable sanctions or export-control restrictions, and you agree to comply with all applicable export-control and sanctions laws in your use of the Service.

Notices. We may provide notices to you via email or in-app notification. You may contact us at support@neoneks.com.

Contact

For questions about these Terms, contact us at:

support@neoneks.com