FlashCard | Spaced Repetition · Esus LLC
This is a product-specific legal page for the FlashCard iOS application, published by Esus LLC. Where these product-specific terms conflict with the Esus LLC site-level Terms or Privacy Policy, these product-specific terms control for this product.
Effective: March 21, 2026 · Last updated: March 21, 2026
FlashCard | Spaced Repetition ("the App") is published by Esus LLC ("Company," "we," "us," or "our"). We take a privacy-first, data-minimization approach. We do not collect, store, transmit, or process any personal data through this App.
All flashcard decks, cards, study progress, spaced repetition scheduling data, and user preferences are stored exclusively on your device using Apple's SwiftData framework. This data never leaves your device except via Apple iCloud sync (see Section 4). We have no server, no database, and no backend that receives your data.
If you have iCloud enabled on your device, Apple's CloudKit may sync your flashcard data across your devices signed into the same Apple Account. This sync is managed entirely by Apple under Apple's Privacy Policy. We have no access to your iCloud data, no server-side database, and no ability to read, modify, or delete your synced content. We do not operate any CloudKit server-side code.
The App contains zero third-party SDKs, analytics frameworks, advertising networks, attribution tools, or tracking libraries. The only dependencies are Apple system frameworks (SwiftUI, SwiftData, CloudKit, WidgetKit, ActivityKit). No data is shared with any third party through the App.
The App does not contain, use, or connect to any artificial intelligence or machine learning service. The App provides a copy-paste prompt that users may optionally use with their own AI tools (e.g., ChatGPT, Claude, Gemini) outside the App. We have no visibility into, and collect no data from, any external AI interactions.
This App is intended for users aged 18 and older. We do not knowingly collect personal information from anyone, including minors. Because the App collects no personal data whatsoever, it is inherently compliant with the Children's Online Privacy Protection Act (COPPA), the EU Age Appropriate Design Code, and similar international regulations.
Because we do not collect, process, or store personal data, the General Data Protection Regulation (GDPR) data subject rights — including access, rectification, erasure, portability, restriction of processing, and objection — are inherently satisfied. There is no personal data to access, correct, or delete on our end. All data resides on your device and/or your Apple iCloud account, both exclusively under your control. We do not act as a data controller or data processor with respect to your flashcard content.
We do not sell, share, or disclose personal information as defined by the California Consumer Privacy Act and California Privacy Rights Act. We do not use personal information for cross-context behavioral advertising or profiling. California residents have no personal information held by us to request disclosure of or deletion of.
The App processes no data on any server. All data remains on-device or within Apple's iCloud infrastructure (governed by Apple's data processing practices). There are no cross-border data transfers initiated by us.
You can delete all App data at any time by: (a) using Settings → Erase All Data within the App; or (b) deleting the App from your device. If iCloud sync is enabled, deleting the App removes local data; iCloud data can be managed via iOS Settings → Apple Account → iCloud → Manage Storage.
We may update this Privacy Policy from time to time. Changes will be posted at this URL with an updated effective date. Your continued use of the App after changes constitutes acceptance of the revised policy.
For privacy inquiries, email flashcards@esus.ai with subject line "PRIVACY REQUEST." We will respond within 30 days. Identity verification may be required for data-related requests.
Effective: March 21, 2026 · Last updated: March 21, 2026
By downloading, installing, accessing, or using FlashCard | Spaced Repetition ("the App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all of these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Esus LLC ("Company," "we," "us," or "our").
You must be at least 18 years old to use this App. By using the App, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not download, install, or use the App.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the App for personal, non-commercial educational purposes on Apple devices you own or control, subject to the Apple Media Services Terms and Conditions and Apple's standard End User License Agreement (EULA).
You may create flashcard decks and cards ("User Content") within the App. You retain all rights to User Content you create. We claim no ownership of, and acquire no rights in, your User Content.
You are solely and exclusively responsible for all User Content you create, import, store, or share through the App. You represent and warrant that:
The App is designed for personal educational use. While fair use doctrines in many jurisdictions may permit limited use of copyrighted material for personal study, fair use is a complex, fact-specific legal doctrine that depends on the specific circumstances of each use. We do not provide legal advice and make no determination as to whether your use of any third-party content qualifies as fair use. If you are uncertain, consult a qualified attorney in your jurisdiction.
All User Content is stored locally on your device and optionally synced via your personal Apple iCloud account. We have no ability to access, review, moderate, monitor, or remove your User Content. We do not host, serve, cache, index, or distribute User Content on any server or infrastructure we operate. The App functions as a personal tool analogous to a private notebook.
The App does not contain or connect to any AI service. If you use the App's optional prompt-builder feature to generate flashcard content using your own external AI tools, you are solely responsible for verifying the accuracy, legality, and copyright status of any AI-generated content you import. We make no representations about the accuracy, reliability, or legal status of AI-generated content.
To the extent applicable, we comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and similar international copyright frameworks. As a local-first application that does not host, transmit, cache, or make user content publicly available on any server we operate, the App functions as a personal tool. We do not store, serve, or distribute User Content.
If you believe content made available through any feature of the App infringes your copyright, you may send a DMCA takedown notice to our designated agent:
DMCA Agent: Esus LLC
Email: flashcards@esus.ai
Subject: DMCA Notice
Your notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing and information sufficient to locate it; (c) your contact information (name, address, telephone, email); (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; (f) your physical or electronic signature.
If you believe your content was wrongly identified as infringing, you may submit a counter-notification per 17 U.S.C. § 512(g), including: (a) identification of the material removed; (b) a statement under penalty of perjury that removal was a mistake or misidentification; (c) your name, address, and telephone number; (d) consent to jurisdiction of the federal court in your district; (e) your physical or electronic signature.
We reserve the right to terminate access to the App for users who are determined to be repeat infringers, in accordance with applicable law.
The App, including its source code, object code, design, user interface, icons, graphics, animations, and documentation, is the exclusive property of Esus LLC and is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and international jurisdictions. All rights not expressly granted herein are reserved.
You agree not to:
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.
We do not warrant that: (a) the App will meet your specific requirements; (b) the App will be uninterrupted, timely, secure, or error-free; (c) the results or learning outcomes obtained from the App will be accurate, reliable, or effective; (d) any defects in the App will be corrected; (e) the App is free of viruses, malware, or other harmful components.
We make no representations or warranties regarding the effectiveness, accuracy, or suitability of any spaced repetition algorithm for any particular learning outcome, examination, certification, or educational goal. Educational results may vary. The App is not a substitute for professional instruction, tutoring, or academic guidance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESUS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, STUDY PROGRESS, EXAMINATION RESULTS, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY DOLLARS ($50.00 USD).
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Esus LLC, its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and settlement amounts) arising from or relating to:
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.
Before filing any claim or initiating any dispute resolution proceeding, you must send a written notice describing the dispute to flashcards@esus.ai with subject line "LEGAL DISPUTE." We will have thirty (30) calendar days from receipt to attempt to resolve the dispute informally. You agree not to commence any arbitration or court proceeding until this 30-day period has elapsed.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR YOUR USE THEREOF, THAT IS NOT RESOLVED THROUGH THE PRE-LITIGATION NOTICE PROCESS, SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES.
Arbitration shall take place in Albuquerque, New Mexico, or at the claimant's election, via telephone, video conference, or written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND ESUS LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.
Any claim or cause of action arising out of or related to these Terms or the App must be filed within one (1) year after the claim arose, or be permanently barred. This limitation applies regardless of the nature of the claim or the theory of liability.
We may terminate or suspend your license to use the App at any time, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your license ceases immediately and you must delete all copies of the App. Sections 4, 5, 6, 8, 9, 10, 11, and 13 survive termination.
We reserve the right to modify these Terms at any time. Material changes will be posted at this URL with an updated effective date. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
For all legal, support, and general inquiries:
Esus LLC
Email: flashcards@esus.ai
Effective: March 21, 2026
FlashCard | Spaced Repetition is a local-first application. User-created flashcard content is stored exclusively on the user's device and/or their personal Apple iCloud account. We do not host, cache, index, serve, or distribute user-generated content on any server or infrastructure we operate.
To the extent any current or future feature enables sharing or distribution of content, we will comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and will promptly respond to valid takedown notices.
Send written notice to our designated DMCA agent:
DMCA Agent: Esus LLC
Email: flashcards@esus.ai
Subject line: DMCA Notice
Your notice must comply with 17 U.S.C. § 512(c)(3) and include: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (3) your contact information (name, address, telephone number, email address); (4) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (5) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; (6) your physical or electronic signature.
If you believe content was wrongly identified as infringing, you may submit a counter-notification per 17 U.S.C. § 512(g), including: (1) identification of the material that was removed or disabled and its prior location; (2) a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification; (3) your name, address, and telephone number; (4) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located; (5) your physical or electronic signature.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts or access of users who are determined to be repeat infringers.
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