Terms of Service

Version 1.2 — Effective Date: 2026-05-18

Operator: Adrian Vlasov, Vaud, Switzerland

Service: mLearn Cloud relay and sync infrastructure (mlearn-cloud.kikan.net)

1. Scope

These Terms of Service ("ToS") apply ONLY to the cloud-hosted services accessible through a mLearn Cloud account, including:

Cloud LLM relay (mlearn-cloud.kikan.net)
Cloud OCR processing
Cloud TTS / voice cloning (via Modal infrastructure)
Watch Together session coordination (playback state sync only)
Flashcard and settings sync (via Cloudflare Durable Objects and Supabase)
Quota tracking

These ToS do NOT apply to self-hosted, local-only, or forked versions of the software.

1.1 Definitions

For the purposes of these Terms:

"Service" means the mLearn Cloud relay and sync infrastructure accessible at mlearn-cloud.kikan.net.
"Cloud Features" means features that require a connection to the Service, including but not limited to Cloud LLM relay, Cloud OCR, Cloud TTS, Watch Together, and flashcard sync.
"Quota" means the allocated usage limit for Cloud Features.
"Institutional User" means a school, university, tutoring center, or other educational institution.
"Operator", "We", or "Us" means Adrian Vlasov.
"You" or "User" means the individual using the Service.

1.2 Hierarchy

To the extent of any conflict between the mLearn End User License Agreement (EULA) and these Terms of Service, these Terms govern Cloud Services and the EULA governs the Software.

1.3 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU ASSUME ALL RISKS ASSOCIATED WITH USE. WE DO NOT GUARANTEE AVAILABILITY, COMPATIBILITY, OR ERROR-FREE OPERATION OF THE SERVICE.

2. Account & Eligibility

You must create an account to use cloud features. By creating an account, you certify that:

You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher;
You will provide accurate account information;
You are legally capable of entering into a binding contract.

One person per account. We may suspend accounts used for credential sharing, abuse, or circumvention of rate limits.

2.1 No Institutional or Minor Use

These cloud terms apply to individual adult users only. Schools, universities, tutoring centers, and other institutions may NOT create accounts on behalf of students under 18. If you are an educator, consult SCHOOL_DEPLOYMENT.md for the self-hosting package.

3. Cloud AI Features

3.1 Nature of Service

The Cloud LLM relay forwards your messages to third-party AI providers. We do not train or fine-tune models on your data. We do not store the content of your conversations. All AI outputs are probabilistic and may be inaccurate, inappropriate, or unexpected.

3.2 Safety Screening

An optional automated screening tool may analyze conversation content for potentially harmful references. If triggered, the conversation is terminated and crisis resources are displayed. This tool:

is NOT 100% accurate;
is NOT medically validated;
is NOT emergency services or human monitoring;
is provided for convenience only.

You may disable this tool in Settings, subject to quota implications.

3.3 No Professional Advice

The cloud AI features are language-learning tools only. They do not provide medical, legal, psychological, or safety-critical advice.

4. Acceptable Use

You agree NOT to use the cloud service to:

Generate or distribute illegal content (CSAM, hate speech, incitement to violence);
Clone voices without the speaker's explicit consent;
Harass, impersonate, or defame any person;
Circumvent rate limits, quotas, or authentication;
Reverse-engineer, scrape, or abuse the API endpoints;
Upload copyrighted material for OCR unless you have the right to do so.

Violations may result in immediate account suspension and forfeiture of remaining quota.

5. Data & Privacy

We process data only to provide the service. See the Privacy Policy for retention periods and third-party processors.

Briefly:

We do NOT store chat logs or conversation content
OCR images and TTS audio are deleted immediately after processing
Job metadata may be retained briefly for status tracking
We do NOT train AI models on your data
We do NOT sell your data

6. Quotas

Cloud features are currently offered with limited free quota. We reserve the right to modify or discontinue free quota at any time.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE OPERATOR FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE CLOUD SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE OPERATOR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THIS LIMITATION DOES NOT APPLY TO: (A) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) LIABILITY THAT CANNOT BE EXCLUDED UNDER MANDATORY SWISS LAW.

8. Termination

You may delete your account at any time. We may suspend or terminate your account for violations of this ToS, abuse, or if required by law. Upon termination, your quota is forfeited and sync data will be deleted within thirty (30) days, except where retention is required by law or for fraud prevention.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of Switzerland. Disputes shall be resolved in the courts of the canton of Vaud, unless mandatory consumer law requires otherwise.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us. If unresolved within thirty (30) days, either party may pursue mediation. Nothing in this clause prevents either party from seeking injunctive relief. Mandatory consumer protection law in your jurisdiction may override the governing law and jurisdiction clauses above to the extent required by mandatory law.

10. Changes

We may update these Terms. Material changes will be notified via email and/or in-app notice. Continued use of the Cloud Service after notification constitutes acceptance.

11. Indemnification

You agree to indemnify and hold harmless the Operator from claims arising solely from your misuse of the Service, your breach of these Terms, or your violation of third-party rights through content you upload or generate.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Acceptance

BY CREATING AN ACCOUNT OR USING THE CLOUD SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.

If you do not agree, do not use the Service.