Terms of Service

Welcome to Optimem. These terms are the agreement between you and Organic Software LLC ("we," "us," "our") that governs your use of our website, mobile apps, watch app, and related services (the "Service"). By using Optimem, you agree to them. If you don't agree, please don't use the service.

Optimem is a spaced-repetition learning platform. You can use it to create, study, and share learning packs. Most of Optimem works offline, on your device, without an account. Some features -- like syncing progress across devices -- require one.

If you're using Optimem on behalf of an organization, you represent that you have authority to bind that organization to these terms.

Accounts are optional -- most features work without one. If you create one, you'll need a valid email address. You're responsible for keeping your login credentials secure and for all activity under your account. Each person may maintain one account.

If you suspect unauthorized access, let us know right away at support (at) orgsoft.org.

You own what you create. When you upload content to Optimem -- text, images, audio, video, or anything else in a pack -- it stays yours. We don't claim your work as ours.

If you choose to share a pack publicly, you grant us a license to host, display, and distribute it within the Service -- including to other users according to the sharing settings you choose. See our Content Policy for full license terms and what you're allowed to upload.

Changed your mind? You can revoke this license by deleting your content or contacting us at support (at) orgsoft.org. Once revoked, we'll remove it within a reasonable timeframe, though cached or previously distributed copies may take time to clear. Revocation doesn't affect sublicenses already granted to other users, or any use that occurred before revocation.

Optimem is for lawful, educational, and personal learning use. To keep it that way, please don't:

• Upload unlawful, harmful, abusive, harassing, defamatory, or discriminatory content
• Infringe on anyone's intellectual property, privacy, or publicity rights
• Upload viruses, malware, or other harmful code
• Interfere with or overload the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use automated means (bots, scrapers) to collect data without our written consent
• Impersonate any person or entity, or spam other users
• Collect personal data about other users without their consent
• Circumvent security features, or encourage others to do any of the above

Some features are powered by AI -- always optional, always labeled. AI output is for educational assistance only; it may contain errors and is not professional advice. You're responsible for verifying anything it produces. See our AI Policy for details.

The Service may include both free and paid features. If you purchase paid features:

• You agree to pay all applicable fees as described at the time of purchase.
• Subscriptions renew automatically unless you cancel before the renewal date. You can cancel anytime through account settings or your app store.
• We may change prices with 30 days' notice. Changes take effect at the next billing period.
• Fees are non-refundable except as required by applicable law.
• Purchases through the Apple App Store, Google Play, or other stores are subject to those stores' terms and refund policies.

The Service itself -- its design, features, software, logos, and all content we provide -- is owned by or licensed to Organic Software and protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational use. This doesn't include the right to modify, resell, or extract data from the Service.

"Optimem," "Organic Software," and related marks are our trademarks. Please don't use them without permission.

If you share feedback, suggestions, or ideas about the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use that feedback for any purpose.

We respect intellectual property rights and respond to valid DMCA takedown notices. We also terminate accounts of repeat infringers. See our DMCA Policy for how to submit a takedown request or counter-notification.

We reserve the right, but have no obligation, to review, edit, refuse, or remove any content at our discretion.

If someone violates these terms or our policies, we may remove or modify the content, suspend or terminate the account, report to law enforcement, or pursue legal remedies. We'll try to give notice when possible, but illegal content or security threats may require immediate action.

Optimem is a platform for sharing. We don't create, verify, or endorse user-uploaded content. Other users' packs may contain errors – use shared content with your own judgment.

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We don't warrant that the Service will be uninterrupted, error-free, or that all errors will be corrected. AI-generated content may contain errors; we make no warranties regarding its accuracy. The Service provides educational tools, not professional instruction or academic credentials, and we make no guarantees about learning outcomes.

We're a small, self-funded team building educational tools. These limits exist so we can keep doing that without existential legal risk from things outside our control.

To the maximum extent permitted by law, Organic Software, its affiliates, directors, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages -- including loss of profits, goodwill, data, or other intangible losses -- arising from your use of (or inability to use) the Service, any user or third-party conduct on the Service, any content obtained from the Service, or unauthorized access to your data.

Our total liability for all claims arising from these terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) $100 USD.

Some jurisdictions don't allow certain warranty exclusions or liability limitations. In those jurisdictions, our liability is limited to the minimum permitted by law.

This one's straightforward: if you upload something that gets us into legal trouble (like copyrighted material you didn't have the rights to share), you agree to cover the resulting costs.

More precisely, you agree to indemnify, defend, and hold harmless Organic Software, its affiliates, and their respective directors, officers, employees, agents, and licensors from any resulting claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys' fees). This covers claims arising from your content, your use of the Service, your violation of these terms, or your violation of any third party's rights.

We'll give you reasonable notice of any such claim and cooperate with your defense at your expense. We reserve the right to assume exclusive defense of any matter subject to your indemnification.

We'd rather work things out than go to court -- and most issues resolve with a conversation.

Start with a conversation. Before filing anything formal, contact us at support (at) orgsoft.org. We'll try to work it out for at least 30 days.

If we can't resolve it informally. You and Organic Software agree that any dispute arising from these terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section.

Arbitration will be conducted by a single arbitrator, in San Francisco, California, or (at your choice) by phone, video, or online. The arbitrator may award the same relief a court could.

Small claims exception. Either party may bring an individual action in small claims court if the dispute fits within that court's jurisdiction.

Class action waiver. You and Organic Software each agree to bring claims only in your individual capacity, not as part of any class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any class proceeding.

You can opt out of arbitration by emailing support (at) orgsoft.org within 30 days of first accepting these terms, with your name, mailing address, and a clear opt-out statement. If you opt out, the governing law and jurisdiction provisions below apply instead.

If any part of this arbitration section is found unenforceable, the rest continues to apply. If the class action waiver is found unenforceable for a particular claim, then this entire arbitration section is void for that claim, and a court will decide it.

These terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California.

By you. You can delete your account anytime through Settings or by contacting support (at) orgsoft.org.

By us. We may suspend or terminate your account at any time, for any reason, with or without notice.

After termination: all licenses we granted you end, and you must stop using the Service. We may (but aren't required to) delete your content. You can request a copy of your content by contacting privacy (at) orgsoft.org within 30 days of termination. Sections that should survive termination do survive: your content license to us, intellectual property, disclaimers, limits on our responsibility, indemnification, arbitration, and governing law.

Changes to these terms. We may update these terms. We'll notify you of significant changes through the app or email before they take effect. Continued use means acceptance.

Entire agreement. These terms, together with the Privacy Policy, AI Policy, and Content Policy, constitute the entire agreement between you and Organic Software regarding the Service.

Severability. If any provision is found invalid, the rest remains in effect.

Waiver. Our failure to enforce a right isn't a waiver. Waivers must be in writing.

Assignment. You can't assign these terms without our consent. We may assign them in connection with a merger, acquisition, or asset sale.

Force majeure. We're not liable for failures beyond our reasonable control, including acts of God, war, pandemic, natural disaster, government actions, or infrastructure failures.

Notices. We may send notices via email, in-app notification, or the Service. You may reach us at support (at) orgsoft.org.

No third-party beneficiaries. These terms don't create rights for anyone other than you and us.

Export controls. The Service may be subject to U.S. export control laws. You agree to comply with all applicable export laws.