Terms and Conditions

Effective Date: August 1, 2025
Last Updated: August 1, 2025

1. Introduction and Acceptance

Welcome to Nimbus, an AI-powered study platform operated by Nimbus Edu L.L.C., a Delaware limited liability company ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website at www.nimbus.study, our mobile applications available on iOS and Android app stores, and all related services (collectively, the "Service").

By accessing, downloading, installing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Service.

Company Information:

Legal Name: Nimbus Edu L.L.C.
Registered Address: 1111B S Governors Ave STE 26917, Dover, DE 19904, US
Contact Email: hello@nimbus.study
Website: www.nimbus.study

2. Eligibility and Account Registration

2.1 Age Requirements and Parental Controls

Ages 6-12 (Elementary/Primary School):

May use the Service only with direct parental supervision and consent
Requires parent or guardian to create and manage the account
All activities must be monitored by parent/guardian or educational institution
Limited data collection in compliance with COPPA regulations
Enhanced privacy protections and parental controls enabled

Ages 13-17 (Middle/High School):

May create accounts with parental notification and consent
Parents retain oversight and control options
Enhanced safety features and content filtering
Academic institution supervision recommended
Parental access to progress reports and analytics

Ages 18+ (College/Adult Learners):

Full account privileges and feature access
Complete control over privacy settings and data sharing
Access to all platform features and analytics
Professional and institutional collaboration features

2.2 Account Creation

To access certain features, you must create an account by providing:

Valid email address
Secure password meeting our requirements
Accurate personal information
Educational affiliation (if applicable)

2.3 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your login credentials
All activities that occur under your account
Immediately notifying us of any unauthorized use
Ensuring all information provided is accurate and current

2.4 Institutional Accounts

Educational institutions may create institutional accounts subject to separate agreements and enhanced data protection measures.

3. Description of Service

3.1 Platform Features

Nimbus provides an AI-powered study platform that includes:

AI-Generated Summaries: Automatic condensation of study materials into key takeaways
Smart Flashcards: AI-created flashcards from uploaded content
Interactive Quizzes: Personalized quizzes based on study materials
Study Planning: AI-powered scheduling and structured learning routines
Text-to-Speech: Advanced audio playback of content with read-along features
Performance Analytics: Progress tracking and learning insights tailored by age group
Multi-Format Support: Processing of various document types and materials
Parental Controls: Comprehensive oversight tools for younger users (ages 6-17)
Age-Appropriate Content: Filtering and adaptation based on grade level and age

3.2 AI Technology

Our Service uses advanced artificial intelligence, including:

Large language models for content processing and generation
Machine learning algorithms for personalized learning experiences
Natural language processing for content analysis and adaptation
Advanced text-to-speech synthesis technology
Age-appropriate content filtering and recommendation systems
Adaptive learning algorithms that adjust to individual learning styles

3.3 Platform Limitations

AI-generated content may contain errors or inaccuracies
Service availability depends on third-party AI providers
Processing capabilities are subject to technical limitations
Some features may require internet connectivity

4. Subscription Plans and Billing

4.1 Service Tiers

Freemium Tier:

Basic AI features with limitations
Ad-supported experience
Limited storage and processing
Community support only

Premium Tier:

Ad-free experience
Advanced AI features and enhanced summaries
Unlimited flashcards and quizzes
In-depth study insights and analytics
Priority customer support
Monthly or annual billing options

Premium Plus Tier:

All Premium features
Institutional benchmarking capabilities
Predictive learning analytics
Enhanced AI support for personalized learning
Advanced integration options
Dedicated account management

Family Plan (Ages 6-17):

Multi-child account management
Comprehensive parental controls and oversight
Age-appropriate content filtering
Progress reports and educational insights for parents
Enhanced safety features and content moderation
Educational institution integration
Dedicated family support

Institutional Licenses:

Custom pricing and features
Bulk user management
Enhanced analytics and reporting
FERPA compliance features
Service level agreements (SLA)
On-premises deployment options (where available)

4.2 Billing and Payment

Subscription fees are charged in advance
Payment methods include credit/debit cards and approved payment processors
Automatic renewal unless cancelled
All fees are non-refundable except as required by law
Taxes may apply based on your location

4.3 Price Changes

We reserve the right to modify subscription prices with 30 days' notice to existing subscribers. Changes will take effect at your next billing cycle.

4.4 Cancellation and Refunds

You may cancel your subscription at any time
Cancellation takes effect at the end of your current billing period
No refunds for partial billing periods except as required by law
Free trial cancellations take effect immediately

5. User Content and Data

5.1 Your Content

You retain ownership of all content you upload, including:

Study materials and documents
Personal notes and annotations
Created flashcards and customizations
Profile information and preferences

5.2 License to Use Your Content

By uploading content, you grant us a limited, non-exclusive, royalty-free license to:

Process your content through our AI systems
Generate summaries, quizzes, and study materials
Store and synchronize your content across devices
Provide technical support and service improvements

5.3 Content Standards

You agree not to upload content that:

Violates copyright, trademark, or other intellectual property rights
Contains malicious code, viruses, or harmful software
Includes personal information of others without consent
Violates any applicable laws or regulations
Contains hate speech, discriminatory, or offensive material
Infringes on academic integrity policies

5.4 Content Removal

We reserve the right to remove content that violates these Terms or our policies without notice.

6. AI-Generated Content and Accuracy

6.1 AI Limitations

AI-generated summaries, quizzes, and study materials are created automatically
Content may contain errors, inaccuracies, or misinterpretations
AI output should be reviewed and verified by users
We do not guarantee the accuracy or completeness of AI-generated content

6.2 Academic Use

AI-generated content is intended as a study aid, not a replacement for original learning
Users are responsible for ensuring academic integrity compliance
Original source materials should always be consulted
AI content should not be submitted as original work without proper attribution

6.3 Continuous Improvement

We continuously work to improve AI accuracy, but perfect accuracy cannot be guaranteed.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, algorithms, designs, trademarks, and copyrighted material, is owned by Nimbus Edu L.L.C. or our licensors. You may not:

Copy, modify, or reverse engineer our software
Use our trademarks or branding without permission
Create derivative works based on our platform
Remove or alter any proprietary notices

7.2 Third-Party Intellectual Property

Our Service integrates with third-party technologies:

OpenAI API and models
Kokoro TTS technology
Google Cloud Platform services
Flutter framework and related libraries

7.3 User-Generated Content

You retain rights to your original content but grant us necessary licenses for service operation.

7.4 DMCA Compliance

We comply with the Digital Millennium Copyright Act (DMCA). To report copyright infringement, contact hello@nimbus.study with:

Identification of the copyrighted work
Location of the allegedly infringing material
Your contact information
Statement of good faith belief
Statement of accuracy under penalty of perjury
Electronic or physical signature

8. Privacy and Data Protection

8.1 Privacy Policy

Your privacy is governed by our Privacy Policy, incorporated by reference into these Terms.

8.2 Educational Privacy and COPPA Compliance

For Users Ages 6-12:

Full COPPA compliance with enhanced protections
Parental consent required for all data collection
Limited data collection to essential educational functions only
No behavioral advertising or third-party data sharing
Parental right to review, delete, or restrict data collection
Automatic data deletion upon account termination or parental request

For Users Ages 13-17:

Enhanced privacy protections beyond standard requirements
Parental notification and oversight options
Restricted data sharing with third parties
Educational institution coordination for school-based accounts

For All Educational Users:

Family Educational Rights and Privacy Act (FERPA) compliance
Children's Online Privacy Protection Act (COPPA) compliance
State student privacy laws compliance
International privacy regulations as applicable

8.3 Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.

9. Prohibited Uses and Conduct

You agree not to:

9.1 Technical Violations

Attempt to gain unauthorized access to our systems
Use automated tools to scrape or harvest data
Interfere with or disrupt service operation
Bypass security measures or access controls
Reverse engineer or decompile our software

9.2 Content Violations

Upload malicious, illegal, or harmful content
Share copyrighted material without permission
Distribute false, misleading, or defamatory information
Upload content that violates academic integrity policies

9.3 Commercial Violations

Resell or redistribute our services without authorization
Use the service for commercial purposes without appropriate licensing
Create derivative commercial products based on our platform

9.4 Community Violations

Harass, threaten, or abuse other users
Impersonate others or provide false information
Engage in discriminatory or hateful conduct
Spam or send unsolicited communications

10. Service Availability and Modifications

10.1 Service Availability

We strive for 99.9% uptime but cannot guarantee uninterrupted service
Scheduled maintenance may temporarily interrupt service
Third-party dependencies may affect availability
Force majeure events may impact service delivery

10.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue features
Update AI models and algorithms
Change system requirements or compatibility
Implement new security measures

10.3 Notice of Changes

Material changes will be communicated through:

Email notifications to registered users
In-app notifications
Website announcements
Updated terms with effective dates

11. Third-Party Services and Integrations

11.1 Third-Party Dependencies

Our Service relies on carefully selected third-party providers:

AI Processing Partners: Advanced language models for content generation and analysis
Cloud Infrastructure: Secure hosting and data processing services
Text-to-Speech Technology: Professional-grade voice synthesis systems
App Distribution: iOS App Store and Google Play Store
Payment Processing: Secure payment gateway services
Analytics Services: Privacy-compliant usage analytics (with appropriate consent)

11.2 Third-Party Terms

Use of integrated services is subject to their respective terms of service and privacy policies.

11.3 Service Integration Changes

Third-party service changes may affect our platform functionality, which may require service adjustments.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

12.1 Service Warranties

No warranty of uninterrupted or error-free operation
No guarantee of AI accuracy or completeness
No warranty of compatibility with all devices or systems
No guarantee of data preservation or backup

12.2 Educational Disclaimers

AI-generated content is not a substitute for professional educational guidance
Study materials should be verified with original sources
Platform use does not guarantee academic success
Users are responsible for academic integrity compliance

12.3 Technical Disclaimers

Software may contain bugs or security vulnerabilities
Performance may vary based on device and network conditions
Third-party service interruptions may affect functionality

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 Liability Exclusions

NIMBUS EDU L.L.C. SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, or consequential damages
Loss of profits, data, or business opportunities
Damages resulting from AI content inaccuracies
Third-party service interruptions or failures
User content loss or corruption

13.2 Liability Cap

Our total liability for any claims shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

13.3 Educational Use Limitations

We are not liable for:

Academic performance or outcomes
Disciplinary actions resulting from platform use
Violation of academic integrity policies
Educational institution decisions

14. Indemnification

You agree to indemnify, defend, and hold harmless Nimbus Edu L.L.C., its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your use of the Service
Content you upload or share
Violation of these Terms
Infringement of third-party rights
Academic integrity violations

15. Termination

15.1 Termination by You

You may terminate your account at any time by:

Canceling your subscription through account settings
Contacting customer support
Deleting the mobile application

15.2 Termination by Us

We may terminate or suspend your account for:

Violation of these Terms
Fraudulent or illegal activity
Extended inactivity
Non-payment of fees
Technical or security reasons

15.3 Effect of Termination

Upon termination:

Access to paid features ceases immediately
Your data may be deleted after a reasonable retention period
Outstanding fees remain due
Certain provisions of these Terms survive termination

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by Delaware state law and applicable federal laws of the United States.

16.2 Jurisdiction

Any legal proceedings must be brought in state or federal courts located in Delaware.

16.3 Informal Resolution

Before filing any legal claim, you agree to attempt informal resolution by contacting hello@nimbus.study.

16.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits or collective arbitrations.

16.5 Limitation Period

Any claims must be filed within one (1) year of when the claim arose or be forever barred.

17. International Use and Export Controls

17.1 International Access

The Service is controlled and operated from the United States and may not be available in all countries.

17.2 Export Compliance

You agree to comply with all applicable export control laws and regulations.

17.3 Local Law Compliance

International users are responsible for compliance with local laws and regulations.

18. Accessibility and Accommodations

18.1 Accessibility Features

We strive to make our Service accessible to users with disabilities through:

Text-to-speech functionality
Keyboard navigation support
Screen reader compatibility
Adjustable text and display settings

18.2 Accommodation Requests

Users requiring additional accommodations may contact hello@nimbus.study for assistance.

19. Educational Institution Provisions

19.1 FERPA Compliance

For educational institution users, we comply with FERPA requirements through:

Appropriate data use agreements
Limited data disclosure
Parental rights protection
Directory information protocols

19.2 Institutional Accounts

Educational institutions may:

Create bulk user accounts
Access aggregated analytics
Implement institutional policies
Manage student data in compliance with educational privacy laws

19.3 Student Data Protection by Age Group

Elementary Students (Ages 6-12):

Maximum COPPA protections applied
Minimal data collection limited to educational purposes
Parental consent and oversight required for all activities
No cross-platform data sharing without explicit parental permission
Enhanced security measures and access controls

Secondary Students (Ages 13-17):

FERPA protections with parental notification rights
Age-appropriate privacy controls and data management
Educational institution collaboration with parental oversight
Restricted third-party integrations and data sharing

All Student Users:

Educational record confidentiality maintained
Limited directory information disclosure
Parental rights protection under applicable privacy laws
Institutional policy compliance and coordination

20. Miscellaneous Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nimbus Edu L.L.C.

20.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

20.3 Waiver

Our failure to enforce any provision does not constitute a waiver of our rights.

20.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

20.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

20.6 Notices

Legal notices will be sent to your registered email address or posted on our website.

20.7 Language

These Terms are written in English. Any translations are provided for convenience only.

21. Updates to Terms

21.1 Modification Rights

We may update these Terms periodically to reflect:

Changes in our services or features
Legal or regulatory requirements
Industry best practices
User feedback and improvements

21.2 Notice of Changes

Material changes will be communicated through:

Email notification to registered users
Prominent website notice
In-app notifications
30-day advance notice for significant changes

21.3 Acceptance of Changes

Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

22. Contact Information

For questions about these Terms or our Service, contact us:

Nimbus Edu L.L.C.
Email: hello@nimbus.study
Website: www.nimbus.study
Address: 1111B S Governors Ave STE 26917, Dover, DE 19904, US

For legal notices, send correspondence to the address above, marked "Legal Department."

Effective Date: August 1, 2025
Version: 1.0

By using the Nimbus platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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