Terms & Conditions

To use our Services, you must:

• Be at least 16 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

To access certain features of the Services, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Immediately notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not transfer your account to anyone else without our prior written consent. We reserve the right to suspend or terminate accounts that appear to be shared or used by multiple individuals.

Free and Paid Plans

Nerdy offers both free and paid subscription plans. Free plans may have limitations on features, storage, or usage. Paid subscriptions provide access to premium features as described at the time of purchase.

Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment is processed through your app store (Apple App Store or Google Play) or our payment processor
• All fees are stated in USD unless otherwise indicated
• You authorize us to charge your payment method for all fees when due

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can manage and cancel your subscription through your app store account settings or within the Nerdy app.

Refunds

Refunds are handled in accordance with the refund policies of the Apple App Store or Google Play Store, as applicable. We may provide refunds at our discretion in exceptional circumstances. Contact us at support@iamnerdy.ai for refund requests.

Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of the next billing period following notice to you. Your continued use after the price change takes effect constitutes acceptance of the new price.

Ownership

You retain all ownership rights to the content you create, upload, or record using our Services ("Your Content"). We do not claim any ownership rights to Your Content.

License to Nerdy

By using our Services, you grant Nerdy a limited, non-exclusive, worldwide license to access, process, and store Your Content solely for the purpose of providing and improving the Services. This license includes the right to:

• Transcribe, summarize, and analyze your audio recordings
• Generate notes, flashcards, and other outputs from Your Content
• Store Your Content securely in accordance with our Privacy Policy

Your Responsibilities

You are solely responsible for:

• The legality, accuracy, and appropriateness of Your Content
• Obtaining all necessary consents and permissions before recording
• Ensuring Your Content does not violate any third-party rights
• Backing up Your Content (we recommend keeping your own copies)

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Record conversations without the consent of all parties where required by law
• Upload, record, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Exploit, harm, or attempt to exploit or harm minors in any way
• Impersonate any person or entity, or falsely claim affiliation with any person or entity
• Transmit spam, chain letters, or other unsolicited communications
• Interfere with or disrupt the Services or servers connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems (bots, scrapers) to access the Services without our permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Circumvent any security or access controls
• Use the Services to develop a competing product or service

By using Nerdy's recording features, you represent and warrant that:

• You have obtained all necessary consents from all parties before recording any conversation
• You will comply with all applicable federal, state, and local laws regarding recording
• You understand that unauthorized recording may result in civil and criminal liability
• You will not hold Nerdy responsible for any claims arising from your unauthorized recordings

Our Intellectual Property

The Services, including all software, algorithms, designs, graphics, logos, trademarks, and other content (excluding Your Content) are owned by Nerdy or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose without any obligation to you.

Our Services may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to the third party's terms and conditions.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Transcriptions or summaries will be 100% accurate
• The Services will meet your specific requirements
• Any defects will be corrected

AI-generated content may contain errors or inaccuracies. You should always review and verify important information before relying on it.

In no event shall our total liability to you exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Nerdy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your Content or any recordings you create
• Your violation of these Terms
• Your violation of any third-party rights or applicable laws
• Any unauthorized recording of conversations

By You

You may stop using the Services and delete your account at any time. Deleting your account will permanently remove your data in accordance with our Privacy Policy.

By Nerdy

We may suspend or terminate your access to the Services at any time, with or without cause, including if:

• You violate these Terms or our policies
• We are required to do so by law
• We discontinue the Services (with reasonable notice)

Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Informal Resolution

Before filing a formal legal claim, you agree to contact us at legal@iamnerdy.ai and attempt to resolve any dispute informally. We will try to resolve the dispute within 60 days.

Arbitration

If we cannot resolve the dispute informally, you and Nerdy agree to resolve any disputes through binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

You may bring claims in small claims court if your claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

We may modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Provide notice through the app, email, or other reasonable means
• Give you at least 30 days' notice before material changes take effect

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

• Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nerdy regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

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