Terms of service

These Terms of Service (the “Terms”) are an agreement between you and First Capital Merchant Solutions, Inc., a Florida corporation doing business as ClassFactor (“ClassFactor,” “we,” “us,” or “our”). Our postal address is 10001 NW 50th St, Ste 114, Sunrise, FL 33351-8087, USA, and you can reach us at support@classfactor.com.

These Terms govern your access to and use of the ClassFactor website at www.classfactor.com, the web app at app.classfactor.com, our iOS and Android apps, our APIs, and all related features and services (together, the “Services”).

The following documents are part of these Terms and are incorporated by reference: our Privacy Policy, which explains how we handle personal information; our Cookie Policy, which explains our use of cookies and similar technologies; our Refund Policy; and our list of subprocessors at /subprocessors. If you use the Services on behalf of a business or other organization, a Data Processing Addendum is available at /dpa and applies once you request it by emailing support@classfactor.com.

Headings are for convenience only and do not affect how these Terms are interpreted. The words “including” and “for example” mean “including without limitation.”

When you create a ClassFactor account, you are asked to tick a checkbox confirming that you meet the age requirements in Section 5 (or have a parent’s or guardian’s permission where required) and that you agree to these Terms and our Privacy Policy. We record that confirmation together with the version of the Terms you accepted and the date and time. By ticking that box, or by otherwise accessing or using the Services, you agree to these Terms.

If you do not agree to these Terms, do not create an account and do not use the Services.

This agreement is made electronically. You agree that your electronic acceptance has the same legal effect as a handwritten signature, and that we may provide these Terms, notices and other communications to you electronically.

If we update these Terms, your continued use of the Services after the updated Terms take effect means you accept them, as explained in Section 30. We may also ask you to review and accept updated Terms the next time you sign in.

If you use the Services on behalf of a business or other organization, you confirm that you are authorized to accept these Terms on its behalf, and “you” includes both you and that organization.

Please read Section 28 carefully. If you live in the United States, it requires you and ClassFactor to resolve most disputes through binding individual arbitration instead of in court, except for claims that qualify for small-claims court and certain intellectual-property and injunctive-relief claims.

Under Section 28, you and ClassFactor each give up the right to a jury trial and the right to bring or take part in a class action, class arbitration, or other representative proceeding. Disputes must first go through a 60-day informal resolution process.

You can opt out of the arbitration agreement by sending us a written opt-out notice within 30 days of first accepting Terms that contain it, as described in Section 28.

If you live in the European Economic Area (EEA), the United Kingdom, or another place whose laws do not allow consumers to be bound by pre-dispute arbitration agreements or class-action waivers, those provisions do not apply to you, and you keep every right your local law gives you to bring a claim in your local courts.

ClassFactor is an AI study platform. You add your own study material, and ClassFactor uses artificial intelligence to help you learn it.

You can add material such as PDFs, Word, PowerPoint and Excel documents, typed or pasted text, images and photos, audio and video files, recordings made in the app, links to web pages, Google Docs and YouTube videos, and Anki (.apkg) decks. From that material, ClassFactor can generate flashcards, image-occlusion cards, quizzes, timed exams, notes, and guided lessons that may include AI-generated figures.

The Services also include an AI tutor that explains answers by text or through an optional real-time voice call; an AI Study Coach that you can chat with, that can send you daily study tips, and that can use a study profile you choose to fill in; “Listen,” which reads content aloud using text-to-speech; spaced-repetition review scheduling; streaks, experience points (XP), levels and a leaderboard; referral rewards; public share links for decks, quizzes, notes and lessons; personal classes and folders for organizing your own material; data export; email, push and in-app notifications; and support tickets. Our website also offers ClassBot, an AI help assistant that answers questions about ClassFactor.

The Services are offered worldwide through the web, the Apple App Store and Google Play. Some features may not be available on every platform, in every location, or on every plan.

We are continually improving ClassFactor. We may add, change, limit, or remove features, AI models, integrations, supported file types and limits at any time. If we make a change that materially reduces a paid feature you are currently paying for, we will give you reasonable notice where practical, and you may cancel as described in Section 13.

You must be at least 13 years old to create an account or use the Services. ClassFactor is not directed to children under 13, and children under 13 may not use it. If we learn that an account belongs to someone under 13, we will delete that account and its content.

If you live in the EEA or the United Kingdom and are under 16, you may use ClassFactor only with the consent of a parent or legal guardian.

If you are under the age of majority where you live (18 in most places), you may use ClassFactor only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By allowing a minor to use the Services, the parent or guardian accepts these Terms and is responsible for the minor’s use of the Services, including any purchases.

ClassFactor is offered to individuals for their own study. We do not offer school or institutional accounts, class rosters, gradebooks, or tools for schools to run classes or manage students. The “My Classes” feature in ClassFactor is a personal way for you to organize your own study material. No teacher, school or other organization may create an account for someone else or consent to these Terms on another person’s behalf, and every person who uses ClassFactor needs their own account and must meet the requirements in this section.

You may not use the Services if doing so is prohibited by the laws that apply to you, if you are located in a country or region subject to comprehensive sanctions, if you are a person with whom we are prohibited from dealing under applicable sanctions laws (see Section 32), or if we have previously terminated your account for breaching these Terms.

You must give us accurate, current and complete information when you register, and keep it up to date, so that we can provide the Services and contact you about your account, billing and these Terms.

Each account is for one person only. You may not share your account or sign-in details with anyone, and you may not sell, rent, transfer, or give anyone else access to your account or to paid features.

You may sign up with an email address and password, or, where offered, with your Google or Apple account. If you use Google or Apple to sign in, your use of that sign-in service is also governed by that provider’s terms, and we receive basic information from it as described in our Privacy Policy. We require you to verify your email address before you can use some or all features.

You are responsible for keeping your password and devices secure and for all activity under your account. Use a strong password that you do not use elsewhere, and sign out of shared devices. If you believe your account has been accessed without your permission or your credentials have been compromised, tell us promptly at support@classfactor.com.

To protect you, other users and the Services, we may require additional verification, reset your session, or temporarily suspend or restrict access to an account where we reasonably suspect unauthorized access, fraud or another security risk.

“Your Content” means everything you upload, record, link, type or otherwise submit to the Services, together with the flashcards, quizzes, exams, notes, lessons and other study material generated from it for you, your chats with the tutor and Study Coach, and your study profile. As between you and us, you own Your Content. These Terms do not transfer ownership of Your Content to us.

To run the Services, we need your permission to handle Your Content. You grant ClassFactor a worldwide, non-exclusive, royalty-free license, for as long as Your Content is stored in the Services (and afterward only as described in our Privacy Policy), to host, store, copy, process, transmit, adapt, translate, reformat, analyze and display Your Content, and to create study material derived from it, for the following purposes only:

(a) providing, maintaining, securing and supporting the Services for you, including sending relevant parts of Your Content to the AI and infrastructure providers listed on our Subprocessors page so they can process it on our behalf;

(b) improving and developing the Services, for example by diagnosing errors, measuring quality and reviewing content that is reported to us;

(c) creating and serving share links and other shared content when you choose to share it (see Section 9);

(d) keeping backups;

(e) moderating content, enforcing these Terms and protecting the safety of users and the public; and

(f) complying with the law and with valid legal requests.

We do not use Your Content to train our own AI models. We use the AI providers listed on our Subprocessors page under their paid commercial API terms, under which they do not use content submitted through their APIs to train their models, although they may retain it for a limited period, typically up to 30 days, to monitor for abuse and misuse. We do not sell Your Content.

You are responsible for Your Content. You confirm that you have all the rights and permissions needed to upload it and to grant the license above, and that our use of it as described in these Terms will not infringe anyone’s rights or break any law.

We do not guarantee that Your Content will always be available or retrievable, and you should keep your own copies of anything important. You can download a copy of your account data at any time from Settings, under Your data.

If you send us feedback, ideas or suggestions about ClassFactor, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without paying or crediting you. Please do not send us confidential information as feedback.

Only upload material you have the right to use. Textbooks, question banks, past exam papers, course packs, publisher slides, lecture recordings and subscription content are often protected by copyright or by the terms under which you received them. Uploading a work to ClassFactor does not give you any right to use it. Whether an exception such as fair use applies depends on the facts, and it is your responsibility to decide.

Do not upload recordings of lectures, classes or conversations, or material containing other people’s personal information, if recording, sharing or processing that material is restricted by law, by your institution’s rules, or by the terms under which you obtained it.

We respect intellectual-property rights and respond to notices of alleged copyright infringement in accordance with the United States Digital Millennium Copyright Act (DMCA) and other applicable laws. If you believe material available through the Services infringes your copyright, send a written notice by email to support@classfactor.com with the subject line “Copyright complaint,” or by mail to First Capital Merchant Solutions, Inc. (ClassFactor), Attn: Copyright Complaints, 10001 NW 50th St, Ste 114, Sunrise, FL 33351-8087, USA.

Your notice must include all of the following:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;

(b) identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notice, a representative list of them;

(c) identification of the material you claim is infringing, with enough information for us to locate it, such as the share link or other URL;

(d) your name, postal address, telephone number and email address;

(e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

When we receive a notice that meets these requirements, we may remove or disable access to the material and will take reasonable steps to notify the user who provided it.

If material you provided was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice to the same email or postal address. Your counter-notice must include all of the following:

(a) your physical or electronic signature;

(b) identification of the material that was removed or disabled and where it appeared before it was removed;

(c) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and

(d) your name, postal address and telephone number, a statement that you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and a statement that you will accept service of process from the person who sent the original notice or that person’s agent.

If we receive a valid counter-notice, we may forward it to the person who sent the original notice and may restore the material as permitted by law, unless we are told that a court action has been filed to restrain the alleged infringement.

Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and attorneys’ fees, under 17 U.S.C. § 512(f). If you are unsure whether material infringes your rights, consider seeking independent advice before sending a notice.

We will, in appropriate circumstances, disable or terminate the accounts of users who repeatedly infringe the intellectual-property rights of others.

You decide what to share. You can create a public share link for a deck, quiz, note or lesson. Anyone who has the link can view the shared content, and may be able to save a copy of it to their own ClassFactor account, without needing your permission each time. We may show you how many times a share link has been viewed.

You can revoke a share link at any time, after which the link stops working. Revoking a link does not remove copies that other people already saved, downloaded, screenshotted or otherwise made while the link was active, and we cannot recall those copies.

Only share content that you have the right to share. Do not share copyrighted material that belongs to someone else, other people’s personal information, or anything that breaks Section 11. You are responsible for the content you share and for choosing who you share it with.

ClassFactor includes a leaderboard. On the leaderboard, you appear under an alias name rather than your real name, and you can opt out of the leaderboard in your settings. You can block other users so that you no longer see them, and you can report display names, shared content and AI Study Coach replies that you believe break these Terms. Reports are reviewed by people on our team, and we may act on them as described in Section 12.

Many ClassFactor features use artificial intelligence, including the generation of flashcards, quizzes, exams, notes, lessons, lesson figures and image-occlusion labels; transcription of audio, video and YouTube content; text recognition in images and PDFs; tutor explanations; the AI Study Coach and its tips; Listen read-aloud audio; and ClassBot on our website (together, “AI Output”). We use third-party AI providers to deliver these features, and a request may be handled by a different provider if one is unavailable. Our Subprocessors page lists these providers.

AI makes mistakes. AI Output may be inaccurate, incomplete, outdated, biased, inconsistent, or simply wrong, and it can sound confident when it is wrong. It may leave out important information in your source material or include information that is not in your source material at all.

AI Output is a study aid. It is not a substitute for your textbooks, instructors, course materials, official exam materials or your own judgment. You must check AI Output against reliable sources before you rely on it, and you are responsible for how you use it.

AI Output is not professional advice. ClassFactor does not provide medical, clinical, health, mental-health, legal, financial, tax, safety or any other professional advice, even when you study those subjects. The AI Study Coach can offer general study tips, including tips that relate to study habits or sleep, but it is not a doctor, therapist or counselor. If you need professional advice, consult a qualified professional. If you are in crisis or think you may be in danger, contact your local emergency services.

Do not use ClassFactor or AI Output to make decisions that have legal or similarly significant effects on you or anyone else, such as decisions about health care, employment, housing, credit, insurance or legal matters.

We do not guarantee results. We make no promise about grades, exam scores, pass rates, admissions, certification or licensure outcomes, or any other result, and nothing in the Services or our marketing is such a promise.

When you start a voice call with the AI tutor, audio from your microphone is streamed from your device to our AI provider in real time so it can respond, and a transcript of the call may be saved to your account. Only start a call where you are comfortable being recorded and do not include other people in a call without their permission.

Lesson figures are images generated by AI, and Listen audio is a synthetic voice generated by text-to-speech. Neither is a photograph, recording or voice of a real person. Listen audio may be stored and reused when anyone requests the exact same text to be read aloud.

AI Output is not unique. Other users who provide similar material or prompts may receive the same or similar output, and you do not have exclusive rights in AI Output that is generated for others.

To reduce harmful output, we use safety instructions in our prompts, the safety systems of our AI providers, and user reporting with human review. These measures are not perfect. If you see AI Output that is harmful, offensive or clearly wrong, please report it.

You must use the Services lawfully, respectfully and in line with these Terms. You must not, and must not help or encourage anyone else to, do any of the following:

(a) upload, generate, share or store content that is illegal, or that infringes or misappropriates anyone’s copyright, trademark, trade secret, privacy, publicity or other rights;

(b) upload, generate, share or request child sexual abuse material or any sexual content involving minors, or content that sexualizes, grooms or exploits minors; we report apparent child sexual exploitation to the appropriate authorities;

(c) harass, bully, threaten, stalk, intimidate or abuse anyone, or share content that is defamatory or that promotes hatred or violence against people based on race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, age or any other protected characteristic;

(d) promote, encourage or provide instructions for suicide, self-harm or eating disorders, or promote terrorism or violent extremism;

(e) use the Services to plan or carry out illegal activity, or to create content intended to cause real-world harm, such as instructions for weapons capable of mass casualties;

(f) upload viruses, malware, exploit code or anything designed to damage, disrupt or gain unauthorized access to any system or data;

(g) scrape, crawl, spider, harvest or bulk-extract content or data from the Services, or access the Services with bots, scripts or other automated means, except through an interface we expressly provide for that purpose;

(h) copy, modify, reverse engineer, decompile or disassemble the Services, or try to discover their source code, underlying models, system prompts or non-public interfaces, except to the extent the law expressly allows despite this restriction;

(i) get around or try to get around usage limits, credit charges, rate limits, paywalls, trial eligibility, plan restrictions or any other technical or commercial limit, including by creating multiple accounts;

(j) use prompt injection, jailbreaking or other techniques to make AI features reveal system prompts or confidential instructions, ignore their safety measures, or produce content that these Terms prohibit;

(k) create accounts by automated means or under false pretenses, or buy, sell or trade accounts;

(l) resell, sublicense, rent, lease or commercially redistribute the Services, your access to them or AI Output, or offer the Services to others as a service bureau;

(m) access or benchmark the Services in order to build, or help someone else build, a competing product or service;

(n) use the Services or AI Output to develop, train, fine-tune or evaluate AI models or products that compete with ClassFactor;

(o) misuse the referral program, for example by referring yourself, using alias or disposable email addresses, or creating accounts in order to earn rewards;

(p) impersonate any person or organization, or misrepresent your identity, age or affiliation;

(q) send spam or unwanted messages, including through referral invitations or share links;

(r) probe, scan or test the vulnerability of the Services or breach any security or authentication measure without our prior written permission; if you believe you have found a security vulnerability, please report it to support@classfactor.com and do not access, change or delete data that does not belong to you;

(s) interfere with, overload or disrupt the Services or the networks and infrastructure they run on;

(t) upload or process other people’s personal information without a lawful basis and any consent the law requires, including sensitive information such as health records of others; or

(u) use the Services in a way that breaks the academic-integrity rules, honor code, exam conditions or AI policy of your school, university, program or examination body. Many institutions restrict the use of AI tools. It is your responsibility to know and follow the rules that apply to you.

This list is not exhaustive. We may investigate suspected breaches and take the actions described in Section 12, and where appropriate we may report conduct to law enforcement or other authorities.

We are not obliged to monitor or review content, but we may do so. We may remove, disable access to, or restrict any content, including Your Content and shared content, where we reasonably believe it breaks these Terms or the law, creates legal, security or safety risk, has been reported to us and upheld after review, or where we are required to act by a court, regulator or other authority.

We may suspend, limit or terminate your account, or your access to all or part of the Services, where:

(a) you have materially or repeatedly breached these Terms, or we reasonably suspect that you have;

(b) we reasonably believe it is necessary to prevent fraud, abuse, security threats or harm to you, other users, us or third parties;

(c) payment for your subscription or purchase fails, is reversed or is charged back;

(d) we are required to do so by law or by a valid legal request; or

(e) we discontinue the Services or the relevant part of them.

Where appropriate, and unless giving notice would be unlawful, would compromise an investigation or security, or would risk harm to someone, we will tell you what action we took and why, and we will generally give you a chance to fix a minor or easily corrected problem first. In serious cases, such as illegal content, threats to safety or fraud, we may act immediately and without notice.

If we terminate your account because you breached these Terms, you lose access to Pro features and any unused credits (including purchased credits), and you are not entitled to a refund, except where the law requires otherwise. If we suspend or terminate a paid subscription for a reason that is not your fault, such as discontinuing the Services, we will refund the unused portion of any prepaid period for web purchases.

If you believe we made a mistake, you can appeal by emailing support@classfactor.com with your account email address and an explanation. We will review your appeal and tell you our decision. This does not affect any other rights you have under the law.

ClassFactor offers a Free plan and a paid Pro plan. The features, credit allowances and usage limits of each plan are described in the Services and may differ between plans and platforms. Prices, billing periods, any applicable taxes and any trial or promotional terms are shown to you before you buy.

Pro is available with monthly or yearly billing. Subscriptions are billed in advance at the start of each billing period. Your subscription automatically renews at the end of each billing period for another period of the same length, and you authorize us (or Apple or Google, if you bought through their store) to charge the price then in effect using your payment method on file, until you cancel.

You can buy Pro in three ways. On the web, payments are processed by Stripe, and your payment details are held by Stripe rather than by us. In our iOS app, purchases are made through Apple App Store in-app purchase. In our Android app, purchases are made through Google Play Billing. Store purchases are billed, renewed, cancelled and refunded by Apple or Google under their terms (see Sections 18 to 20).

How to cancel. You can cancel at any time. For a web subscription, go to Settings, then Plan & billing, then Manage, and cancel in the Stripe customer portal. For an App Store subscription, cancel in your Apple account’s subscription settings on your device. For a Google Play subscription, cancel in your Google Play subscriptions settings. Deleting the ClassFactor app does not cancel a subscription.

When you cancel, your subscription will not renew, and you keep Pro access until the end of the billing period you have already paid for. After that, your account moves to the Free plan and Free plan features and limits apply. Cancelling does not refund charges already made, except as described in our Refund Policy or where the law requires.

Free trials. We may offer a free trial of Pro to first-time subscribers. The length of any trial and the price that will apply afterward are shown at checkout. Unless you cancel before the trial ends, your subscription will begin automatically at the end of the trial and you will be charged the price shown at checkout. Trials are limited to one per person, and we may change or withdraw trial and promotional offers for future purchases at any time.

Price changes. We may change the price of Pro. If we change the price of a subscription you already have, we will give you at least 30 days’ notice by email or in the Services, and the new price will apply from your first billing period that starts after the notice period ends. If you do not want to pay the new price, you can cancel before it takes effect. For store subscriptions, Apple and Google may also ask you to agree to a price increase in accordance with their rules.

Taxes. Prices may or may not include sales tax, VAT, GST or similar taxes, depending on where you are and how you buy, and this is shown at checkout. You are responsible for all taxes that apply to your purchase, other than taxes on our income.

Failed payments. If a renewal payment fails, we or the relevant store may retry the charge and ask you to update your payment method. If payment is not made, we may suspend or end your Pro access. You remain responsible for any amounts properly owed.

One subscription at a time. You should hold only one Pro subscription at a time. The Services will prevent you from buying a second subscription through another channel while one is active. If you end up with two active subscriptions anyway, contact support@classfactor.com and cancel the one you do not want in the channel where you bought it.

Fair use. Pro plans include generous but limited usage. Plan limits, credit allowances and the fair-use limits described in Section 15 apply to every plan, and paying for Pro does not entitle you to unlimited use of any feature.

Some AI features use credits. Each plan includes a monthly credit allowance, which is shown in the Services. Your monthly allowance resets each month, and unused monthly credits do not roll over.

Pro users can buy one-time credit packs. Purchased credits do not expire while your account remains open, and they are used only after your monthly credits for the period have run out.

When you start a task that uses credits, we may reserve the estimated number of credits. If the task fails, or delivers less than was reserved, the unused credits are returned to your balance automatically.

Credits are a limited license to use certain features of the Services. They have no cash value, are not your property, cannot be sold, transferred, gifted or exchanged for money or anything else, and cannot be used outside ClassFactor. Credits are non-refundable except as required by law or as set out in our Refund Policy.

We may correct a credit balance that is wrong because of a technical error, and we may remove credits, or place a hold on your account, where credits were obtained through fraud, abuse, a refunded purchase, a chargeback or a breach of these Terms.

If you delete your account, or we terminate your account because you breached these Terms, any remaining credits, including purchased credits, are forfeited, except where the law requires otherwise.

To keep ClassFactor fast, fair and affordable for everyone, we apply limits to how the Services can be used. These may include limits on file size, number and length of uploads, the number of items generated, how often a feature can be used in a period, monthly generation quotas, the number of tasks you can run at the same time, voice call minutes, and the total AI processing cost that can be incurred by one account in a period. Some limits are shown in the Services and some operate automatically in the background.

We also use a platform-wide capacity safeguard. At times of very high demand, or if an AI provider is unavailable or degraded, AI tasks may be queued, delayed, processed with a different model or provider, or temporarily refused. If a task that reserved credits is refused or fails, those credits are returned as described in Section 14.

We may change these limits at any time to protect the Services, prevent abuse, or respond to changes in costs or capacity.

We work hard to keep ClassFactor available, but we do not guarantee that the Services will be available at any particular time, or uninterrupted or error-free, and we do not offer any uptime commitment or service-level agreement. We may take the Services offline for maintenance, updates or emergencies, and we will try to keep planned downtime to a minimum.

Our Refund Policy at /refunds explains in full when you can get a refund. In summary: if you are not satisfied, you can request a full refund within 14 days of the first payment of a new Pro subscription bought on the web; renewals are generally not refundable except where the law requires; and credit packs are generally non-refundable except where the law requires or a pack was not delivered.

Purchases made through the Apple App Store or Google Play are refunded by Apple or Google under their own policies, and you must request those refunds from them. We cannot issue refunds for store purchases.

Nothing in these Terms or our Refund Policy limits any refund or cancellation right you have under mandatory consumer-protection law where you live.

We may offer a referral program that rewards you, and the friend you invite, with Pro time or other rewards when your friend signs up and meets the conditions described in the Services. The rewards, eligibility requirements and conditions that apply are those shown in the Services at the time of the referral.

When you invite a friend by email through ClassFactor, we send that person a single invitation email on your behalf. Only invite people you know and who you reasonably believe would welcome the invitation.

Rewards have no cash value and cannot be sold, transferred or exchanged for money. Rewards are void, and may be removed, if they were obtained through abuse, such as referring yourself, using alias or disposable email addresses, creating multiple accounts, or spamming. We may also suspend accounts involved in referral abuse.

We may change, suspend or end the referral program at any time. Changes do not affect rewards already properly earned, unless those rewards were obtained through abuse.

Our iOS and Android apps are licensed, not sold, to you. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the apps on devices you own or control, for your own study.

The apps need a supported operating-system version and an internet connection. We may stop supporting older devices or operating-system versions, and older app versions may stop working. We may deliver updates to the apps automatically, including over-the-air updates. You are responsible for your device and for any data charges from your carrier.

The apps may ask for device permissions, such as access to your microphone (to record lectures and make voice calls), your photo library (to import images), notifications, and, on Android 12 or later, nearby Bluetooth devices (to use a headset during voice calls). All of these permissions are optional. If you decline one, the features that depend on it will not work, but you can still use the rest of the app, and you can change your choice at any time in your device settings.

You can delete your account from within the mobile apps as well as on the web, as described in Section 31.

This section applies if you downloaded our app from the Apple App Store. If there is a conflict between this section and the rest of these Terms, this section applies to your use of the iOS app.

These Terms are between you and ClassFactor only, and not with Apple Inc. (“Apple”). ClassFactor, not Apple, is solely responsible for the app and its content.

Your license to use the app is limited to a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where available.

Apple has no obligation whatsoever to provide any maintenance or support services for the app. ClassFactor is responsible for maintenance and support, as described in these Terms or as required by applicable law.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are ClassFactor’s responsibility, to the extent they are not disclaimed or limited by these Terms.

ClassFactor, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

If any third party claims that the app, or your possession and use of it, infringes that third party’s intellectual-property rights, ClassFactor, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with any applicable third-party terms of agreement when using the app, such as the terms of your wireless data service provider.

Questions, complaints and claims about the app should be sent to ClassFactor at support@classfactor.com or at our postal address in Section 34.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Subscriptions bought through the App Store are charged to your Apple account when you confirm the purchase and renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. You manage and cancel them in your Apple account settings. Cancelling within ClassFactor or deleting your ClassFactor account does not cancel an App Store subscription. Refunds for App Store purchases are handled by Apple, not ClassFactor.

This section applies if you downloaded our app from Google Play. These Terms are between you and ClassFactor only, and not with Google LLC or its affiliates (“Google”). ClassFactor, not Google, is responsible for the app, its content, and its maintenance and support. Your use of Google Play is also governed by the Google Play Terms of Service, and if there is a conflict between those terms and these Terms regarding your use of Google Play, the Google Play Terms of Service apply.

Subscriptions bought through Google Play are billed by Google and renew automatically until cancelled. You manage and cancel them in your Google Play subscriptions settings. Cancelling within ClassFactor or deleting your ClassFactor account does not cancel a Google Play subscription. Refunds for Google Play purchases are handled by Google under its policies, not by ClassFactor.

By creating an account, you agree that we may communicate with you electronically, including by email to the address on your account, by push notification and by messages within the Services. Electronic communications satisfy any legal requirement that a communication be in writing.

We send service emails that are needed to run your account, such as email verification, security alerts, receipts, trial-ending and renewal reminders, account deletion confirmations, replies to support requests and notices about changes to these Terms. You will receive these regardless of your marketing choices while you have an account.

We may also send marketing and newsletter emails. If you are in the EEA, the United Kingdom, or another place where the law requires your consent, we send them only if you opt in. Elsewhere, we may send them to account holders and people who ask to hear from us. Every marketing email includes an unsubscribe link, and you can unsubscribe at any time.

Study notifications, such as study reminders, weekly summaries, Study Coach tips and notices that your generated material is ready, can be turned on or off in the Services’ settings. Push notifications are sent only if you allow them on your device, and you can turn them off at any time in your device settings or app settings.

The Services, including our software, designs, text, graphics, mascot, prompts, and the ClassFactor name and logos, and all related intellectual-property rights, are owned by us or our licensors and are protected by law. These Terms do not give you any ownership rights in the Services.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for your own personal study. All rights not expressly granted to you in these Terms are reserved by us and our licensors.

ClassFactor and our logos are our trademarks. You may not use them without our prior written permission, except to refer to ClassFactor accurately and in a way that does not suggest we endorse you.

The Services work with, and may link to, products and services provided by third parties, such as Google and Apple sign-in, Stripe payments, the Apple App Store and Google Play, YouTube, Google Docs and other websites whose links you add. Your use of those third-party services is governed by their own terms and privacy policies, not these Terms.

We do not control and are not responsible for third-party services or websites, including their content, availability, accuracy, security or practices. A link to a third-party website is not an endorsement. If a third-party service changes or becomes unavailable, some features of ClassFactor may stop working.

When you add a link to third-party content, such as a web page or YouTube video, you are responsible for making sure you are allowed to use that content in the way you intend.

Our Privacy Policy explains what personal information we collect, how we use and share it, how long we keep it, and the rights you have, including under the GDPR, the UK GDPR, and the California Consumer Privacy Act and other US state privacy laws. Please read it.

You can download a copy of your data or permanently delete your account at any time from Settings, under Your data. You can also contact us at support@classfactor.com about privacy questions or requests.

To the maximum extent permitted by applicable law, the Services, AI Output and all content made available through the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory. We and our licensors and service providers disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade.

Without limiting the paragraph above, we do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure or error-free, or be free of viruses or other harmful components; that defects will be corrected; that AI Output or any other content will be accurate, complete, reliable or current; or that Your Content will be stored without loss.

No advice or information, whether spoken or written, that you obtain from us or through the Services creates any warranty that is not expressly stated in these Terms.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you. If you are a consumer in the EEA, the United Kingdom or another place with mandatory consumer guarantees, you have legal rights, for example that digital content and services are of satisfactory quality, fit for purpose and as described, and nothing in these Terms affects those rights.

To the maximum extent permitted by applicable law, ClassFactor and its officers, directors, employees, agents, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, opportunity or data, or for any damages arising from your reliance on AI Output, from exam results or grades, or from the loss, corruption or removal of Your Content, whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, and even if we have been told such damages are possible.

To the maximum extent permitted by applicable law, our total liability to you for all claims arising out of or relating to these Terms or the Services is limited to the greater of (a) the amounts you paid to us for the Services in the 12 months before the event giving rise to the claim, and (b) US $100.

These limitations apply even if a limited remedy fails of its essential purpose, and they reflect a reasonable allocation of risk between you and us.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct where the law does not permit that to be limited, or for any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you.

If you are a consumer in the EEA or the United Kingdom, the limitations in this section do not affect your statutory rights. In those places, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, and we are not responsible for loss or damage that is not foreseeable.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ClassFactor and its officers, directors, employees and agents from and against any third-party claims, and related liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to (a) Your Content or content you share; (b) your breach of these Terms or of any law; (c) your violation of anyone else’s rights, including intellectual-property and privacy rights; or (d) your misuse of the Services.

We will notify you of any claim for which we seek indemnification, and we may choose to control the defense of the claim, in which case you agree to cooperate with us. You may not settle a claim that imposes any obligation on us without our prior written consent.

This section does not apply to you if you are a consumer in a jurisdiction whose laws do not allow consumers to be required to indemnify a business, and it does not require you to indemnify us for claims caused by our own breach or negligence.

Please read this section carefully. It affects your legal rights. It applies to you if you live in the United States, and to anyone else to the extent permitted by the law that applies to them.

Informal resolution first. Most concerns can be resolved quickly without a formal process. Before either of us starts arbitration or a court case, the party raising the dispute must send the other a written notice describing the dispute, the relief sought, and, if you are sending it, your name and the email address on your ClassFactor account. You must send your notice to support@classfactor.com with the subject line “Notice of dispute,” and may also send a copy by mail to our postal address in Section 34. We will send any notice to you at the email address on your account. For 60 days after the notice is received, we will both try in good faith to resolve the dispute informally, which may include a phone or video call if either of us asks for one. Any time limit for bringing the claim is paused during this 60-day period. If the dispute is not resolved within 60 days, either of us may start arbitration or, where permitted, a court case.

Agreement to arbitrate. Except as described below, you and ClassFactor agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, your account, any purchase, or our communications with you, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms (a “Dispute”), will be resolved by final and binding individual arbitration and not in court. This agreement to arbitrate does not apply to any claim that was already filed in court before you first accepted Terms containing it. The Federal Arbitration Act, 9 U.S.C. § 1 and following, governs the interpretation and enforcement of this arbitration agreement.

Arbitration rules and administrator. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the arbitration is started, as modified by this section. The AAA’s rules are available at www.adr.org. A single arbitrator will decide the Dispute. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court has authority to decide disputes about the class-action and representative-action waiver, the mass-arbitration procedures below, and whether a claim falls within the exceptions below.

Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules and consumer fee schedule, which limit the fees a consumer must pay. If the arbitrator finds that your claim was frivolous or brought for an improper purpose, the fees will be allocated as the AAA’s rules allow. Each party bears its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

Hearing location and format. If your claim is for US $25,000 or less, it will be decided on the basis of written submissions unless you or the arbitrator request a hearing. Any hearing will take place by video conference, unless you and we agree, or the arbitrator decides, that an in-person hearing is needed, in which case it will take place in the county where you live or another location we both agree on.

Individual relief only. The arbitrator may award the same damages and individual relief that a court could award to an individual under applicable law, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party’s individual claim. The arbitrator’s award is final and binding, and judgment on it may be entered in any court with jurisdiction. An award has no effect on any other dispute or party.

Exceptions. Either of us may bring an individual claim in small-claims court, as long as it stays in that court and is brought on an individual basis only. Either of us may also bring a claim in court to protect our intellectual-property rights, such as copyrights, trademarks, trade secrets or patents, and either of us may seek temporary or preliminary injunctive relief in court to stop unauthorized access to or misuse of the Services, or infringement of intellectual property, while an arbitration is pending.

Class-action and jury trial waiver. You and ClassFactor agree that each of us 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, whether in arbitration or in court. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective or representative proceeding, except as described in the mass-arbitration procedures below. You and ClassFactor each waive the right to a trial by jury.

Mass arbitration. If 25 or more demands for arbitration raising similar claims are filed against us, or by us, and the parties bringing them are represented by the same or coordinated counsel, those demands are “Mass Filings,” and the following applies in addition to the AAA’s rules (including any AAA supplementary rules for mass arbitrations). Counsel for the claimants and our counsel will each select up to 10 demands (20 in total) to proceed first as a bellwether batch, with each case assigned to a different arbitrator unless the parties agree otherwise. The remaining demands will not be filed, or if already filed will be held in abeyance, and no fees for them will be due, until the first batch is resolved. After the first batch, the parties will engage in a single global mediation session with a mediator paid for by us. If the remaining demands are not resolved, they will proceed in batches of up to 50 demands, with one arbitrator assigned to each batch unless the parties agree otherwise, and fees will be assessed per batch as the AAA’s rules allow. Any time limit for bringing a claim that is held under this paragraph is paused while it waits. A court may resolve any disagreement about whether this paragraph applies or how it is being carried out.

Right to opt out. You may opt out of this agreement to arbitrate by sending us a written opt-out notice within 30 days after you first accept Terms that contain this arbitration agreement. If you created your account before September 13, 2026, the 30 days start on the date you first accept these revised Terms. Your notice must include your full name, the email address on your ClassFactor account, and a clear statement that you want to opt out of the arbitration agreement in the ClassFactor Terms of Service. Send it by email to support@classfactor.com with the subject line “Arbitration opt-out,” or by mail to our postal address in Section 34. If you opt out, you and we may bring Disputes in court as described in Section 29, and the rest of these Terms continue to apply. Opting out does not affect any other arbitration agreement you may have with us.

Severability. If the class-action and representative-action waiver above is found unenforceable for any claim or request for relief, then that claim or request (and only that claim or request) must be severed from the arbitration and brought in the state or federal courts located in Broward County, Florida, and will be stayed until the individual claims in arbitration are resolved. In no case will a class or representative arbitration take place. If any law requires that a request for public injunctive relief be decided by a court, that request will be decided by those courts after the individual arbitration of all other claims and remedies, and will be stayed until then. If any other part of this arbitration agreement is found unenforceable, the rest of it remains in effect.

Changes to this section. If we make a material change to this section after you have accepted it (other than a change to our contact details), you may reject that change by sending us written notice to support@classfactor.com within 30 days of the change taking effect, in which case your existing arbitration agreement with us continues to apply.

Time limit for claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be started, in arbitration or in court, within one year after the claim arises. Otherwise, the claim is permanently barred. This time limit does not apply where the law does not allow it to be shortened.

Consumers outside the United States. If you are a consumer who lives in the EEA, the United Kingdom, Switzerland or another place whose laws do not allow the arbitration agreement, class-action waiver, jury waiver or shortened time limit in this section to apply to consumers, those provisions do not apply to you. Nothing in these Terms takes away the protection of the mandatory consumer laws of the country where you live, or your right to bring a claim in the courts of that country.

These Terms and any Dispute are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules, except that the arbitration agreement in Section 28 is governed by the Federal Arbitration Act.

For any Dispute that is not subject to arbitration, or that is allowed to proceed in court under Section 28, you and ClassFactor agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Broward County, Florida, and each of us waives any objection to those courts on the grounds of inconvenient forum or lack of personal jurisdiction. This does not affect small-claims cases, which may be brought in any court with jurisdiction.

If you are a consumer in the EEA, the United Kingdom or another country whose laws give you the right to rely on local consumer protection law or to sue in your local courts, you keep those rights, and you may bring proceedings in the courts of the country where you live.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

We may update these Terms from time to time, for example to reflect changes to the Services, our business or the law. When we do, we will update the “last updated” date at the top of this page.

If we make material changes, we will notify you in advance by email to the address on your account or through a notice in the Services, and we will tell you when the changes take effect. We may ask you to review and accept the updated Terms the next time you sign in, and you may need to accept them to continue using the Services.

Unless we say otherwise, updated Terms take effect on the date stated in our notice, or, for changes that are not material or that are required by law, when we post them. Changes will not apply retroactively to Disputes that arose before the change took effect, except as described in Section 28.

If you do not agree to the updated Terms, stop using the Services, cancel any subscription before the changes take effect, and delete your account if you wish. If you continue to use the Services after the updated Terms take effect, you accept them.

You can stop using the Services at any time. You can permanently delete your account from Settings, under Your data, on the web or in our apps. We will email you a confirmation link that you must use to complete the deletion. Deletion is permanent: your account and Your Content are deleted and cannot be recovered, so download anything you want to keep first. Some limited records may be kept after deletion, as described in our Privacy Policy.

Deleting your account cancels an active subscription bought on the web. It does not cancel a subscription bought through the Apple App Store or Google Play, which you must cancel in the store yourself to avoid further charges. Any remaining credits are forfeited when your account is deleted.

When your account is deleted or terminated, your right to use the Services ends immediately and any share links you created stop working.

Any provision of these Terms that by its nature should continue after your account ends will continue, including Sections 7 (as to feedback and content you shared before your account ended), 8, 10, 12 (as to the effects of termination), 14 (as to forfeiture), 22, 25, 26, 27, 28, 29, 32, 33 and 34, and any obligation to pay amounts owed.

You must comply with all applicable export-control and economic-sanctions laws when you use the Services, including those of the United States. You may not use, export, re-export or transfer the Services, or allow anyone else to do so, in breach of those laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive US sanctions, and that you are not identified on, or owned or controlled by anyone identified on, any US government list of prohibited or restricted parties, such as the Specially Designated Nationals and Blocked Persons List. We may suspend or terminate access to the Services where we believe it is necessary to comply with these laws.

Entire agreement. These Terms, together with the documents incorporated in Section 1 and any additional terms you accept for a particular feature or purchase, are the entire agreement between you and ClassFactor about the Services, and they replace any earlier agreements about the same subject.

Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms to an affiliate or in connection with a merger, acquisition, reorganization or sale of all or part of our business or assets, provided that doing so does not reduce your rights under these Terms. These Terms bind and benefit each party and its permitted successors and assigns.

No waiver. If we do not enforce a provision of these Terms, that does not mean we waive our right to enforce it later. A waiver is effective only if it is in writing.

Severability. If any provision of these Terms is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full force, subject to the specific severability rules in Section 28.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, or failures or outages of third-party hosting, AI or payment providers.

Notices. We may give you notices by email to the address on your account, through the Services, or by posting them on our website. Notices by email are treated as received when sent. Keep your email address up to date. You may give us notices by email to support@classfactor.com, and legal notices should also be sent by mail to our postal address in Section 34. Notices to us are effective when received.

Language. These Terms are written in English. If we provide a translation, the English version controls to the extent of any conflict, except where the law requires otherwise.

Relationship. Nothing in these Terms creates any partnership, joint venture, employment, fiduciary or agency relationship between you and us.

Third-party beneficiaries. Except for Apple and its subsidiaries as described in Section 19, no one other than you and ClassFactor has any right to enforce these Terms.

Interpretation. If there is a conflict between these Terms and our Refund Policy about refunds, the Refund Policy controls. Otherwise, these Terms control over the documents incorporated into them.

ClassFactor is operated by First Capital Merchant Solutions, Inc., a Florida corporation doing business as ClassFactor.

Postal address: 10001 NW 50th St, Ste 114, Sunrise, FL 33351-8087, USA.

Email: support@classfactor.com. Use this address for help with your account, billing and refund requests, privacy and data requests, security reports, copyright complaints, notices of dispute, arbitration opt-outs and any other legal notices.