Slam Thunk

Slam Thunk Terms of Service

Draft for attorney review. Not in effect. Effective date: [EFFECTIVE DATE]

Please read this carefully. Section 16 requires most disputes to go to individual binding arbitration and waives class actions and jury trials, unless you opt out within 30 days. Section 14 limits our liability.

1. This agreement

These Terms are a contract between you and Sumo Creations LLC, a [STATE] limited liability company ("Sumo Creations", "we", "us"). They cover the Slam Thunk app, its AI tutor Dunk, and the related backend services and websites (together, the "Service").

You accept these Terms when you tap to agree in the app, or when you use the Service. Our Privacy Policy explains how we handle personal information. If you do not agree, do not use the Service.

2. Who can use Slam Thunk

You must be at least 18, or the age of majority where you live if that is higher. The Service is for adults only. Children and teenagers may not use it, with or without a parent's permission.

By using the Service you confirm that you meet this age requirement and can form a binding contract. You also confirm that you are not barred from the Service under the laws of the United States or anywhere else that applies to you.

If we learn or reasonably suspect that a user is under 18, we will close the account and delete its data, without notice. If you believe a minor is using the Service, contact us at [PRIVACY EMAIL].

The Service is offered only in the countries where the App Store listing makes it available. You are responsible for following local law if you use it elsewhere.

3. Your account

You sign in with Apple. If you share an email address at sign-in, including a Hide My Email address, we may use it to contact you about your account and the Service, so keep it working. You are responsible for everything done through your account and for keeping your device and Apple ID secure. Your account is for you alone, so do not share it or let anyone else use it. Tell us promptly at [SUPPORT EMAIL] if you think someone has used your account without permission.

4. Licence to use the app

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the app on Apple-branded products that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions, for your own non-commercial learning. We and our licensors keep all other rights in the Service, including its software, design, characters, voices, names and logos. The app is licensed to you, not sold.

5. The AI tutor

Dunk is an AI, not a person. Dunk's replies, spoken lessons, flashcards, summaries and other generated material ("Output") are produced automatically by artificial intelligence. No human tutor is involved, and we do not review Output before you see it.

Your conversations are recorded and processed. When you use the Service, what you say and type is sent to our AI providers, turned into text where needed, and saved to your account as transcripts. You consent to this each time you use the Service. Do not use voice mode where other people can be heard, unless they have agreed to be recorded. You are responsible for getting that agreement. The Privacy Policy gives the details.

Output can be wrong. AI can state false things with confidence. Output may be inaccurate, incomplete, out of date, biased or offensive, and it can misdescribe a source you gave it. It can also be similar or identical to what other people receive. You must check anything that matters against a reliable source before you rely on it. You use Output at your own risk.

Slam Thunk is for general learning only. It is not, and does not replace:

Do not use Output to make a decision that could seriously affect you or anyone else, including decisions about health, safety, money, law, education or employment. Do not rely on the Service in an emergency.

Slam Thunk is not a crisis service. Dunk cannot get you help, and it may respond badly to a crisis. If you are thinking about harming yourself or others, or you are in danger, call your local emergency number. In the United States you can call or text 988 at any time.

Do not share sensitive information. Do not give Dunk health details, financial account numbers, government ID numbers, passwords or other information you would not want processed by AI providers. Do not share other people's personal information without their permission.

Availability and limits. Some features depend on third-party services and may change, fail or stop. We may set limits on use, including limits on calls, lessons and documents. Lessons may take time to prepare and may fail.

6. Your content and Output

Your Content. "Your Content" means what you provide to the Service: your voice, messages, names, interests, documents and links.

Ownership. As between you and us, you keep whatever rights you have in Your Content. To the extent the law allows, and if you comply with these Terms, we assign to you any rights we may have in Output, if any exist. We do not promise that Output can be protected by copyright, is unique, or is free of other people's rights. We keep all rights in the Service itself, including Dunk's character, voices, prompts and the flashcard designs and formats.

Your licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transcribe, process, adapt and transmit Your Content and Output, and to allow our service providers to do so. This licence is for operating, securing, supporting and maintaining the Service, complying with law, and enforcing these Terms. It lasts as long as we hold the content, and for any longer period described in the Privacy Policy. It survives for backups and for de-identified or aggregated data.

Your responsibility. You are solely responsible for Your Content and for how you use Output. You promise that you have all the rights, permissions and consents needed to provide Your Content, and for us and our providers to process it as these Terms describe. You also promise that Your Content does not break any law or infringe anyone's rights.

Using Output. You may use Output for your own lawful purposes. You may not claim it was written by a human, or use it to train or develop AI models that compete with us or our providers. Check Output before you share it, and do not present it as fact without checking it.

7. Uploaded documents and links

You can give Dunk PDFs and links to read. This Service is a private study tool, not a place to publish or share documents.

Upload only what you have the right to use. Upload or link to a document only if you own it, have permission, or are otherwise legally allowed to have it processed this way. We do not check rights in what you upload, and you alone are responsible for that decision. We do not grant you any rights in third-party works.

How documents are handled. We send text from your documents to AI providers to answer you and to prepare lessons. Other users cannot see your documents. Reading may fail, be partial or be wrong, especially for scanned or very long documents. We may limit file size, page count and the number of documents.

Do not upload anything confidential, regulated or containing other people's personal information.

8. Copyright complaints

We respect intellectual property rights and respond to notices that meet the requirements of the Digital Millennium Copyright Act. We may remove content and may close the accounts of people who repeatedly infringe.

If you believe content in the Service infringes your copyright, send our designated agent a written notice containing:

  1. your physical or electronic signature, as the owner or the person authorised to act for the owner
  2. a description of the copyrighted work
  3. a description of the allegedly infringing material and where it is located, in enough detail for us to find it
  4. your address, telephone number and email address
  5. a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law
  6. a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner

Designated agent: [AGENT NAME], Sumo Creations LLC, [ADDRESS], [DMCA EMAIL].

9. Subscriptions

Enhanced version. Parts of the Service may be free. Enhanced features require a paid auto-renewing subscription, bought through Apple's in-app purchase system. The price, billing period and what is included are shown before you buy. We may change what is included, and a feature being in the subscription today does not guarantee that it will stay.

Billing is handled by Apple. Apple charges you and handles payment. Your purchase is also governed by Apple's terms. We do not receive your card details.

Auto-renewal. Your subscription renews automatically for the same period at the then-current price, and your payment method is charged, until you cancel. Apple charges the renewal within the 24 hours before the current period ends. To stop renewal, cancel at least 24 hours before the current period ends.

How to cancel. Cancel in your device's Settings under your Apple Account, Subscriptions. You keep access until the end of the paid period. Deleting the app, or deleting your Slam Thunk account, does not cancel your subscription. You must cancel it with Apple.

Free trials and offers. If we offer a trial, the terms are shown before you start. Unless you cancel at least 24 hours before the trial ends, your subscription starts and you are charged. Any unused trial time ends when you subscribe.

Price changes. We may change prices. Apple will notify you as its rules require, and a change applies from a later renewal. If you do not agree, cancel before it takes effect.

Refunds. Except where the law requires otherwise, all fees are non-refundable, and we give no refunds or credits for partly used periods or unused features. Apple handles all refund requests, under its policies. We cannot issue refunds for App Store purchases. Request one at reportaproblem.apple.com. This section does not remove any refund right you have by law.

Restoring purchases. You can restore a subscription on another device signed in to the same Apple Account, using Restore Purchases in the app.

Loss of access. If we suspend or close your account because you broke these Terms, you are not entitled to a refund from us.

10. Acceptable use

You agree not to:

We may monitor, review and filter use of the Service to run it, keep it safe and enforce these Terms. We have no duty to do so.

11. Suspension and termination

You can stop using the Service at any time, and you can delete your account in Settings. We may suspend, limit or close your access, or remove content, at any time, with or without notice, if we reasonably believe you broke these Terms, if we need to protect the Service, users or others, or if the law requires it. We may also change or discontinue all or part of the Service at any time.

If we discontinue the whole Service, we will try to give reasonable notice. Sections that by their nature should continue will survive termination, including ownership, disclaimers, limits of liability, indemnity and dispute resolution.

12. Changes to these Terms

We may change these Terms. We will post the new version with its date. If a change is material, we will give reasonable notice, for example in the app or by email, and we may ask you to agree again. If you keep using the Service after a change takes effect, you accept it. If you do not agree, stop using the Service and cancel any subscription. Changes to Section 16 do not apply to disputes that arose before the change, and they carry the opt-out right described there.

13. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. YOU USE THEM AT YOUR SOLE RISK. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICE OR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, SAFE, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT YOU WILL LEARN ANYTHING OR ACHIEVE ANY RESULT. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, SOURCES OR CONTENT.

14. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

(a) SUMO CREATIONS LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS (THE "PROTECTED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OPPORTUNITY OR ACADEMIC OR PROFESSIONAL STANDING, EVEN IF TOLD THAT THEY WERE POSSIBLE.

(b) THE PROTECTED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, OUTPUT OR THESE TERMS, TAKEN TOGETHER, WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) US$100.

(c) THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY AND STATUTE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You understand that we offer the Service at its price because of these limits, and that they allocate risk between us. Your agreement is with the company. You agree not to bring a claim personally against any individual member, manager, employee or contractor of Sumo Creations LLC for anything arising from the Service, to the fullest extent the law allows.

Some places do not allow certain exclusions or limits, for example for death or personal injury caused by negligence, fraud, or gross negligence. Where that is so, these limits apply only as far as the law permits. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

To the fullest extent the law allows, you will defend, indemnify and hold harmless the Protected Parties from all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from: (a) Your Content, including any claim that it infringes someone's rights; (b) your use or misuse of the Service or Output; (c) your breach of these Terms or of any law; or (d) anyone else's use of your account. We may take over the defence of any such claim at your expense, and you will not settle one without our written consent.

16. Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AND WE EACH GIVE UP THE RIGHT TO SUE IN COURT, TO A JURY TRIAL, AND TO TAKE PART IN A CLASS ACTION, UNLESS YOU OPT OUT UNDER SECTION 16.6.

16.1 Scope. "Dispute" means any claim or dispute between you and us relating to the Service, Output, these Terms or our privacy practices, under any legal theory. It includes claims that arose before you accepted these Terms.

16.2 Talk to us first. Before starting a formal claim, send a written notice to [LEGAL EMAIL] with your name, the email address on your account or your Apple sign-in details, a description of the Dispute and the relief you want. We will send any notice to you at the contact details we hold. Each of us will try in good faith to resolve the Dispute for 60 days. Time limits for bringing a claim are paused during those 60 days. Neither of us may start arbitration until this step is complete.

16.3 Binding arbitration. If the Dispute is not resolved, it will be decided only by final, binding, individual arbitration, not in court. The arbitration will be run by [National Arbitration and Mediation (NAM)] under its rules for consumer disputes, including any supplemental rules for mass filings, as modified by this Section. If that provider is unavailable, the parties will agree on another, or a court will appoint one. The Federal Arbitration Act governs this Section.

A single arbitrator will decide the Dispute. The hearing will be by videoconference where possible. If it must be in person, it will be in the county where you live, or another place we both agree on. The arbitrator decides whether a Dispute must be arbitrated, except that a court decides the validity of Section 16.4 and any request for public injunctive relief. Arbitration fees are paid as the provider's rules require. We will not seek attorneys' fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.

16.4 Class action and jury waiver. YOU AND WE MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE CLAIMS OF MORE THAN ONE PERSON, EXCEPT UNDER SECTION 16.5, AND MAY GRANT RELIEF ONLY TO THE INDIVIDUAL PARTY. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court decides this waiver cannot be enforced for a claim or a type of relief, that claim or relief alone goes to court, after the arbitration of everything else, and the rest of this Section stays in force. If that would allow class arbitration, this Section 16 does not apply to that claim, and it goes to court.

16.5 Mass filings. If 25 or more similar demands are filed against us by the same or coordinated counsel within 90 days of each other, they will be handled in batches of up to 25 demands. Each batch will have one arbitrator, one set of fees and one hearing. Time limits for the demands waiting in later batches are paused. You and we agree that this process is fair to all claimants.

16.6 30-day right to opt out. You can opt out of Sections 16.3 to 16.5 within 30 days after you first accept these Terms. Email [LEGAL EMAIL] with the subject "Arbitration Opt-Out", your name, and the email address or sign-in details for your account. Opting out does not affect the rest of these Terms and will not affect your use of the Service. If we make a material change to this Section, you can opt out of that change within 30 days after it takes effect.

16.7 Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property or unauthorised use or abuse of the Service.

16.8 Time limit. To the extent the law allows, you must start any claim within one year after it arose, or it is permanently barred.

16.9 Governing law and courts. The laws of the State of [STATE] govern these Terms and any Dispute, without regard to conflict-of-laws rules. Except under Section 16.7, any claim not subject to arbitration must be brought only in the state or federal courts in [COUNTY, STATE], and you and we consent to their jurisdiction.

16.10 Consumers outside the United States. If you live in the European Economic Area, the United Kingdom or Switzerland, or anywhere else whose law forbids it, Section 16.3 to 16.5 and 16.8 do not apply to you. The governing-law choice does not remove any mandatory consumer protection of the place where you live, and you may bring claims in the courts there.

17. Apple

If you got the app from the Apple App Store, this Section applies, and it prevails over anything else in these Terms where they conflict. As between you and us, Sections 6, 7 and 15 still apply.

18. General

Entire agreement. These Terms, the Privacy Policy and any terms shown at purchase are the whole agreement between you and us about the Service.

Severability and waiver. If part of these Terms cannot be enforced, the rest stays in effect, except as Section 16.4 says. If we do not enforce a term, we do not waive it.

Assignment. You may not transfer these Terms. We may transfer them, including in a merger, sale of assets or reorganisation.

Events outside our control. We are not liable for failures caused by events beyond our reasonable control, including outages at AI, hosting or platform providers.

No special relationship. Nothing here creates a partnership, employment, agency, fiduciary or tutor-student relationship. There are no third-party beneficiaries, except Apple and the Protected Parties.

Notices. We may send notices in the app, by email or by push notification. An email notice counts as given when we send it to the email address we hold for your account. You must send notices to the address below.

Export. You must comply with U.S. export and sanctions laws.

19. Contact

Sumo Creations LLC, [STREET ADDRESS, CITY, STATE, ZIP, USA]

Phone: [PHONE NUMBER]

Questions, complaints and claims about the app: [SUPPORT EMAIL]

Legal notices: [LEGAL EMAIL]