These Terms and Conditions (“Terms”) govern your use of the Nemasis mobile application and the website at www.nemasis.app (together, the “Service”), operated by Nemasis (“we”, “us”, or “our”).

By downloading, installing, or using Nemasis, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

Australian Consumer Law Notice

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law that cannot be excluded, restricted, or modified by agreement.

1. Eligibility

You must be at least 13 years of age to use Nemasis. If you are under 18, you confirm that you have the consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements.

2. Your Account

You may need to create an account to use certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Please notify us promptly at support@nemasis.app if you suspect any unauthorised use of your account.

3. The Service

Nemasis is a vocabulary learning app that uses mnemonics and AI-generated images. The Service allows you to create flashcard decks, write mnemonic descriptions, generate AI illustrations, and practise recall.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable. We will endeavour to notify you of material changes.

4. Free Tier and Subscriptions

4.1 Free tier

New users receive 30 free AI-generated images. You may create unlimited decks and cards, and use text-only mnemonics (captions, rhymes, acrostics) without limit.

4.2 Paid subscription

Subscriptions provide additional AI image generation capacity (currently 300 images per month). Subscriptions are billed on a recurring monthly basis at the price displayed at the time of purchase (currently from $4.99 USD/month).

4.3 Billing

All subscription purchases are processed through the Apple App Store or Google Play Store. Billing, payment terms, and renewal are governed by the respective platform’s terms. Your subscription will automatically renew unless you cancel it at least 24 hours before the end of the current billing period through your App Store or Google Play account settings.

4.4 Price changes

We may change subscription pricing from time to time. Any price change will take effect at the start of the next billing cycle following notice of the change. Continued use after a price change constitutes acceptance of the new price.

5. Your Content

5.1 Ownership

You retain ownership of all vocabulary data, mnemonic descriptions, captions, and other text content you create within Nemasis (“Your Content”). We do not claim ownership of Your Content.

5.2 Licence to us

By using the Service, you grant us a limited, non-exclusive, worldwide licence to use, store, and process Your Content solely to operate and improve the Service, including sending your image prompts to our AI image generation provider. This licence ends when you delete Your Content or your account.

5.3 AI-generated images

Images generated by the AI based on your prompts are provided for your personal, non-commercial use within the app. The intellectual property rights in AI-generated images are subject to the terms of the underlying AI service provider. We do not warrant that AI-generated images are free from third-party intellectual property claims.

5.4 Acceptable use

You agree not to use Nemasis to:

We reserve the right to remove content and suspend or terminate accounts that violate these Terms.

6. Intellectual Property

All rights in the Nemasis app, website, brand, logo, design, and underlying technology (excluding Your Content) are owned by us or our licensors. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features without our prior written consent.

7. Disclaimers

To the maximum extent permitted by law:

Statutory guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your subscription and to a refund for the unused portion; and for compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems rectified in a reasonable time.

8. Limitation of Liability

To the maximum extent permitted by Australian law, and subject to Section 7 (statutory guarantees), our total liability to you for all claims arising from or related to the Service is limited to the amount you have paid to us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, to the extent permitted by law.

9. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the Service, or Your Content, except to the extent caused by our negligence or breach.

10. Termination

You may stop using Nemasis and delete your account at any time. We may suspend or terminate your access if you breach these Terms, with notice where practicable.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnity) will continue to apply.

11. Privacy

Your use of Nemasis is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. For significant changes, we may also notify you within the app. Continued use of Nemasis after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of Australia. Any disputes arising under these Terms will be subject to the non-exclusive jurisdiction of the courts of Australia. Nothing in this clause limits your right to bring proceedings in a tribunal or court with jurisdiction under Australian Consumer Law.

14. General

15. Contact Us

Nemasis

Email: support@nemasis.app

Website: www.nemasis.app