Terms of Service

These Terms of Service ("Terms") are an agreement between you and [GistWise, Inc.] ("GistWise," "we," "us") and govern your use of the GistWise apps, the website at gistwise.ai and related services (the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. Section 13 contains an arbitration agreement and class action waiver that affect your legal rights.

1. Eligibility and accounts

• You must be at least 13 years old to use GistWise. If you are under the age of majority where you live, you may use GistWise only with a parent's or guardian's permission, and they agree to these Terms for you.
• You are responsible for your account and for keeping your sign-in secure. Tell us right away if you think someone else has accessed your account.
• Give accurate information and keep it up to date. One person per account.

2. The Services and our content

GistWise offers short audio lessons ("Gists"), with scripts, sources, quizzes and related features. Gists are researched and written with the help of artificial intelligence, narrated with synthetic voices, checked against sources and reviewed by people before publication.

We work hard to keep Gists accurate, but information can change and mistakes can happen. We do not guarantee that every Gist is complete, current or error-free. If you find an error, please use "Report an issue" in the app.

We may add, change or remove Gists, topics and features at any time. Some features may be available only to Premium subscribers or only in certain countries.

3. Subscriptions, free trials and billing

Free and Premium plans

The free plan includes the Gist of the Day and other features we describe in the app. GistWise Premium gives you access to the full library and additional features, offered as monthly or annual subscriptions. Current prices are shown in the app before you buy and may vary by country.

Purchases through Apple and Google

Subscriptions are sold and billed by Apple (App Store) or Google (Google Play), using the payment method in your store account. Their terms and policies also apply to your purchase.

Automatic renewal

Your subscription automatically renews at the end of each billing period (monthly or yearly) at the then-current price, and your store account is charged within 24 hours before the period ends, unless you cancel at least 24 hours before the end of the current period.

Free trials

We may offer a free trial, such as 7 days on the annual plan. Unless you cancel at least 24 hours before the trial ends, your trial converts to a paid subscription and you will be charged the subscription price shown when you started the trial. Free trials are limited to one per person, and eligibility may depend on your store account.

How to cancel

• iPhone or iPad: Settings → your name → Subscriptions → GistWise → Cancel Subscription.
• Android: Google Play Store → profile icon → Payments & subscriptions → Subscriptions → GistWise → Cancel.

Cancellation takes effect at the end of your current billing period, and you keep Premium access until then. Deleting the app or your GistWise account does not cancel your subscription.

Refunds

Because purchases are processed by Apple or Google, refunds are handled under their policies. You can request a refund from Apple at reportaproblem.apple.com or from Google in your Google Play order history. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods.

Price changes

We may change subscription prices. We will tell you in advance, as required by Apple, Google and applicable law, and the new price will apply from your next renewal. If you don't agree, you can cancel before the change takes effect.

4. Your license and acceptable use

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services and listen to Gists for your own non-commercial learning.

You agree not to:

• Copy, record, download (except with the in-app download feature), redistribute, broadcast, sell or publicly perform Gists, scripts or other content.
• Scrape, crawl or bulk-extract content, or use our content to train or improve artificial intelligence or machine-learning models.
• Share your account or Premium access outside features we provide, or get around access controls, paywalls or limits.
• Reverse engineer, decompile or interfere with the Services, or introduce malware.
• Use the Services for anything unlawful, harmful or abusive, or in a way that infringes others' rights.

5. Feedback and reports

If you send us ideas, suggestions, issue reports or other feedback, you allow us to use it without restriction or payment to you. Please don't send confidential information or material you don't have the right to share.

6. Intellectual property

The Services and their content, including Gists, scripts, audio, quizzes, software, the GistWise name and logos, are owned by GistWise or its licensors and are protected by intellectual property laws. Except for the limited license above, these Terms do not give you any rights to them. For copyright concerns, see our Copyright Policy.

7. Third-party services and links

The Services may link to sources and other websites, or rely on services we don't control, such as the App Store, Google Play and sign-in providers. We are not responsible for third-party content or services, and your use of them is governed by their terms.

8. Suspension and termination

You can stop using GistWise and delete your account at any time. We may suspend or end your access if you break these Terms, if required by law, or to protect users or the Services. If we end your access without cause, we will tell you how to obtain a refund for any unused prepaid period where the store allows it. Sections that by their nature should survive termination (including 6 and 9 through 15) will survive.

9. Disclaimers

The Services and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, or that any content is accurate, complete or current. Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

10. Limitation of liability

To the fullest extent permitted by law, GistWise and its affiliates, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, data or goodwill, arising out of or related to the Services or these Terms. Our total liability for any claim arising out of or related to the Services or these Terms will not exceed the greater of (a) the amount you paid for the Services in the 12 months before the claim arose or (b) US $100.

These limits do not apply where the law does not allow them.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless GistWise from claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Services or your violation of these Terms or of others' rights.

12. Governing law

These Terms are governed by the laws of the State of [State] and applicable US federal law, without regard to conflict-of-law rules. Subject to Section 13, any claims will be brought in the state or federal courts located in [County, State], and you and GistWise consent to their jurisdiction.

13. Dispute resolution, arbitration and class action waiver

Talk to us first. Before filing a claim, you agree to contact us at legal@gistwise.ai and try to resolve the dispute informally for at least 60 days.

Arbitration. If we can't resolve it, you and GistWise agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property infringement. The Federal Arbitration Act governs this section.

Class action waiver: you and GistWise may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative action.

Opt out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@gistwise.ai with your name, account email and a clear statement that you opt out of arbitration.

14. Additional terms for Apple devices

If you downloaded GistWise from the Apple App Store:

• These Terms are between you and GistWise only, not Apple. GistWise, not Apple, is responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• GistWise, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims.
• GistWise, not Apple, is responsible for investigating and resolving any claim that the app infringes a third party's intellectual property rights.
• You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Your use of the app must also comply with the App Store's usage rules.

15. Changes and general terms

We may update these Terms. If changes are material, we will notify you in the app or by email before they take effect; continuing to use the Services afterward means you accept the updated Terms. These Terms, with our Privacy Policy and Copyright Policy, are the entire agreement between you and GistWise about the Services. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets.

16. Contact

[GistWise, Inc.]
[Company mailing address]
Email: legal@gistwise.ai · Support: hello@gistwise.ai