Terms of Service, Privacy Policy, and Refund Policy

Last updated and effective date: December 2, 2024

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PERIPLUS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PERIPLUS WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES OR APPLICATIONS OFFERED FROM TIME TO TIME BY PERIPLUS IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

"The Site" refers to the websites operated by Periplus, as well as any associated applications, services, features, content, and functionalities offered by Periplus.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Periplus. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Periplus from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Periplus may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that:

• Would constitute a violation of any applicable law, rule or regulation
• Infringes any intellectual property or other right of any other person or entity
• Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
• Creates content that exploits or abuses others
• Generates or disseminates verifiably false information with the purpose of harming others
• Impersonates or attempts to impersonate others
• Disrupts or interferes with the learning experience of other users
• Attempts to manipulate or game the learning algorithms or systems
• Creates or distributes spam, malware, or other harmful content

Further, you shall not (directly or indirectly):

1. Take any action that imposes or may impose an unreasonable or disproportionately large load on Periplus's (or its third party providers') infrastructure
2. Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service
3. Bypass any measures Periplus may use to prevent or restrict access to the Service (or parts thereof)
4. Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site
5. Use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API
6. Reverse engineer, decompile, reverse compile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services
7. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission
8. Attempt to access, search, or create accounts for the Service by any means other than our publicly supported interfaces
9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation

DMCA and Takedowns Policy

Periplus respects intellectual property rights and expects users to do the same. If you believe content on our platform infringes your copyright, please write to [email protected] with details about the alleged infringement. We will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.

Modification of Terms of Service

At its sole discretion, Periplus may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Periplus website or Service or by sending you an email. Periplus may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Trademarks and Patents

All Periplus logos, marks and designations are trademarks or registered trademarks of Periplus. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Periplus or their respective owners. Portions, features and/or functionality of Periplus's products may be protected under Periplus patent applications or patents.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Periplus or by law:

1. You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for personal or business use
2. You own the content you create with the Services, including notes, flashcards, and learning materials
3. We hereby assign to you all rights, title and interest in and to such content for your personal or commercial use

By using the Services, you grant to Periplus, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, and display content you input into the Services, or content produced by the Service at your direction. This license authorizes Periplus to:

• Make the content available as needed to provide, maintain, promote and improve the Services
• Comply with applicable law and enforce our policies

You agree that this license is provided with no compensation paid to you by Periplus, as the use of the Services is hereby agreed as being sufficient compensation for the grant of rights herein.

Fees and Payments

You agree that Periplus provides you immediate access to digital content and begins service consumption immediately upon purchase. Due to the high costs of AI processing and infrastructure, we maintain the following payment and refund policies:

Subscription Terms

1. Monthly Subscriptions:
   • Billed automatically each month
   • No refunds for partial use
   • Can be cancelled at any time, effective at the end of current billing period

Unless otherwise stated, your subscription fees ("Fees") do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes.

If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create multiple accounts to benefit from free trials or promotional offers. If we believe you are not using the Service in good faith, we may charge you standard fees or stop providing access to the Services.

The subscription will be automatically renewed for the same period of time after the agreed term. If you do not wish to renew your subscription at the end of the term, you should cancel prior to the renewal date of your subscription through your account settings.

Privacy Policy

Our commitment to privacy and data protection is reflected in this Privacy Statement which describes how we collect and process personal and non-personal information.

Information We Collect

We collect information in the following ways:

1. Information you provide directly:

   • Account information (name, email)
   • Payment information
   • Content you create (notes, flashcards, annotations)
   • Learning preferences and study data
   • Communications with us

2. Information collected automatically:

   • Device information (type, operating system, browser)
   • IP address and location data
   • Usage statistics and interaction data (via Sentry, if analytics enabled)
   • Error and crash reports (via Sentry, if analytics enabled)
   • Technical data about how you interact with our Service (via Sentry, if analytics enabled)

3. Information from third parties:

   • Payment processors (Stripe)
   • Error monitoring services (Sentry)
   • AI service providers (OpenAI, Anthropic, Google, Groq)

How We Use Your Information

We use collected information to:

1. Provide and maintain our Service
2. Process payments and manage subscriptions
3. Personalize your learning experience
4. Analyze usage patterns and enhance features
5. Communicate with you about your account
6. Provide customer support
7. Ensure platform security
8. Prevent abuse and maintain quality
9. Comply with legal obligations

Information Sharing

We share information about you:

1. With your consent
2. With service providers who assist in operating our platform
3. When required by law or to respond to legal process
4. To protect rights, property, or safety
5. In connection with a business transfer or acquisition
6. In aggregated or anonymized form that cannot identify you

Data Security

We implement appropriate technical and organizational measures to protect your personal information. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security of data transmitted over the Internet.

Data Retention

We retain personal data for as long as necessary to:

1. Provide our services
2. Comply with legal obligations
3. Resolve disputes
4. Enforce our agreements
5. Maintain appropriate business records

Termination

Periplus may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Either party may terminate the Services for any reason and at any time upon written notice. Any fees paid hereunder are non-refundable.

Upon termination:

1. All rights and licenses granted to you in this Agreement shall immediately terminate
2. You lose access to all features and content
3. Your data may be deleted according to our data retention policies
4. Provisions that should survive termination will survive termination

Indemnification

You shall defend, indemnify, and hold harmless Periplus, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

1. Your use or misuse of the Service
2. Your violation of the Terms of Service
3. Your violation of any applicable law, contract, policy, regulation or other obligation
4. Any content you submit to the Service

Periplus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Periplus in connection therewith.

Limitation of Liability

IN NO EVENT SHALL PERIPLUS OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:

1. FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
2. FOR YOUR RELIANCE ON THE SERVICE
3. FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500
4. FOR ANY MATTER BEYOND OUR REASONABLE CONTROL

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

THE SERVICE AND ANY CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Periplus does not warrant that:

1. The Service will meet your requirements
2. The Service will be uninterrupted, timely, secure, or error-free
3. The results obtained from using the Service will be accurate or reliable
4. Any errors in the Service will be corrected
5. The quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate

You and Periplus agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Prohibition of Class and Representative Actions

YOU AND PERIPLUS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Changes to Terms

We may change these Terms at any time. If we make changes:

1. We will notify you via email or through the Service
2. We will provide at least 14 days notice before any changes take effect
3. Your continued use of the Service after changes take effect constitutes acceptance

Contact

For questions about these Terms or the Service, contact us at: [email protected]

Miscellaneous

1. These Terms constitute the entire agreement between you and Periplus regarding the Service
2. Our failure to enforce any right or provision of these Terms will not be considered a waiver
3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect
4. You may not assign any of your rights under these Terms, and any such attempt will be void
5. Periplus may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service

Your use of the Service acknowledges your acceptance of these Terms of Service, Privacy Policy, and Refund Policy.