Terms of Service

Welcome to S4 ("Service"), operated by 1573341 B.C. Ltd. (operating as S4mple) ("Company," "we," "us," or "our"), a British Columbia corporation (Incorporation Number: BC1573341). By accessing or using our desktop application, web application, or any related services, you agree to be bound by these Terms of Service ("Terms").

Please read these Terms carefully before using S4. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, downloading the desktop application, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

The Service is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.

3. Account Registration

To access certain features of the Service, including cloud synchronization and web-based flashcard review, you must create an account. When creating an account, you agree to:

• Confirm that you meet the eligibility requirements in Section 2 (including age requirements)
• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Service Description

S4 is a flashcard application with spaced repetition learning capabilities. The Service includes:

• Desktop Application: A free, offline-first application for macOS that allows unlimited local flashcard creation and review
• Cloud Synchronization: Optional paid feature to sync flashcards across devices
• Web Application: Browser-based flashcard review for subscribed users
• AI Features: Optional features including OCR and semantic search powered by third-party AI services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4.1 Beta Service Notice

5. Subscriptions and Payments

5.1 Free Tier

The desktop application is free to use locally with unlimited flashcards. No account or payment is required for local-only usage.

5.2 Paid Subscriptions

Certain features require a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Payment is processed through Stripe, and you agree to Stripe's terms of service.

5.3 Cancellation and Data Retention

You may cancel your subscription at any time through your account settings or the Stripe customer portal. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• Your account will automatically downgrade to the free tier after the billing period ends
• Your synced data will remain accessible but new sync operations will be disabled
• You can resubscribe at any time to restore full functionality

If you wish to permanently delete your account and all associated data, you can do so through your account settings. Account deletion begins immediately and is irreversible. All data will be permanently deleted within 30 days as detailed in our Privacy Policy.

5.4 Price Changes

We reserve the right to change subscription prices. Any price changes will be communicated at least 30 days in advance via email and will take effect at the start of the next billing cycle after the notice period. You may cancel your subscription before the price change takes effect if you do not wish to continue at the new price.

5.5 Refund Policy

Due to the digital nature of the Service, subscription payments are generally non-refundable, except where required by British Columbia consumer protection laws. You may be eligible for a refund in the following circumstances:

• First-time subscription: Cancel within 7 days of your initial signup for a full refund
• Technical errors: Service unavailable due to errors on our part
• Billing errors: Duplicate charges or incorrect amounts
• Legal requirement: Where BC consumer protection laws require a refund

When you cancel a subscription (other than within the 7-day window), you will not receive a refund for the unused portion of your current billing period, but you will retain access to paid features until the period ends.

To request a refund, contact billing@s4mple.com within 7 days of the charge. We aim to respond to refund requests within 5 business days.

5.6 Payment Disputes

If you believe you have been charged in error, please contact us before disputing the charge with your bank or credit card company. We will work with you to resolve any billing issues. Chargebacks initiated without first contacting us may result in immediate account suspension.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Upload or transmit malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Service or its systems
• Use automated scripts, bots, or scrapers to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Harass, abuse, or harm other users
• Upload content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Resell, redistribute, or sublicense access to the Service

7. User Content

7.1 Ownership

You retain ownership of all content you create, upload, or store through the Service ("User Content"), including flashcards, notes, and images.

7.2 License Grant

By using cloud synchronization features, you grant us a limited, non-exclusive license to store, process, and transmit your User Content solely for the purpose of providing the Service. This license terminates when you delete your content or account.

7.3 Responsibility

You are solely responsible for your User Content. You represent that you have all necessary rights to your User Content and that it does not violate any third-party rights or these Terms.

8. Intellectual Property

The Service, including its source code, design, graphics, logos, and all related intellectual property, is owned by 1573341 B.C. Ltd. and is protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal use (including professional development and work-related learning). This license does not include the right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer or attempt to extract the source code
• Remove any copyright or proprietary notices
• Transfer or sublicense your rights under this license

8.1 Copyright Infringement

If you believe that content uploaded by a user infringes your copyright, please contact us at legal@s4mple.com with the following information:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material that you claim is infringing and its location in the Service
• Your contact information (email address and phone number)
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement that the information in your notice is accurate
• Your physical or electronic signature

We will respond promptly to valid notices and may remove or disable access to allegedly infringing material. Repeat infringers may have their accounts terminated.

9. Third-Party Services

The Service integrates with third-party services to provide certain features. By using these features, you acknowledge and agree that:

• Stripe: Processes all payments and stores payment information
• OpenAI: Provides AI features including OCR and semantic embeddings (your content may be processed by OpenAI)
• Cloudflare R2: Stores uploaded images and files
• Resend: Sends transactional emails (password resets, account notifications)
• Neon: Hosts our PostgreSQL database infrastructure

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services. For more details on what data is shared with each provider, see our Privacy Policy.

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless 1573341 B.C. Ltd. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• Any provisions of these Terms that by their nature should survive termination shall survive

You may terminate your account at any time by contacting us or through your account settings.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or severe weather events
• War, terrorism, civil unrest, or government actions
• Epidemics, pandemics, or public health emergencies
• Power outages, internet service disruptions, or telecommunications failures
• Cyberattacks, including denial-of-service attacks
• Failures of third-party service providers

In such events, our obligations will be suspended for the duration of the force majeure event.

16. Export Compliance

The Service may be subject to Canadian export control laws and regulations, as well as export or import regulations in other countries. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to Canadian or international trade sanctions.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

19. Contact Information

If you have any questions about these Terms, please contact us: