Terms of Service — StudyPromptAI

1. Agreement to Terms

By accessing or using StudyPromptAI — including the iOS app and the Learning Portal at studypromptai.com — you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

The Service is operated by John Kushwarra ("StudyPromptAI," "we," "us," or "our"). You must be at least 13 years of age to use the Service.

2. Description of Service

StudyPromptAI is a study tool that helps students and professionals capture, organize, and export study materials — including audio recordings, transcriptions, photos, scanned documents, and notes — for use with external AI platforms such as Google NotebookLM, ChatGPT, and Claude.

The Service consists of:

iOS app — for capturing and organizing study sessions.
Learning Portal (studypromptai.com) — a free web interface for accessing Study Packs you have exported to your Google Drive.

3. The Learning Portal Is Free

Access to the Learning Portal at studypromptai.com is provided free of charge. There is no subscription required to view Study Packs you have exported to your Google Drive.

4. iOS App Subscription

The iOS app is free to download and includes one course at no cost. To add a second course or more, a subscription of $5.00 USD per month is required.

Subscriptions are processed and managed through the Apple App Store. Apple's purchase terms apply.
You may cancel your subscription at any time through your Apple ID subscription settings.
Cancellation takes effect at the end of the current billing period. No partial-month refunds are issued.
Cancelling your subscription does not delete your content. Study Packs stored in your Google Drive remain accessible.

5. Your Data, Content, and Where It Is Stored

You retain full ownership of all content you create using the Service — including recordings, transcriptions, notes, photos, and Study Pack PDFs.

Where your content lives: All recordings, notes, photos, scanned documents, and Study Pack PDFs are stored either on your device (in the app's local storage) or in your own Google Drive account when you choose to export. StudyPromptAI's servers store only metadata — such as pack names, file references, and your email address — and never store copies of your actual study content.

What we cannot do: StudyPromptAI has no ability to access, modify, or delete any files in your Google Drive other than within the "StudyPrompt AI" folder we create on your behalf. We have no mechanism to recover content that you or Google have deleted from your Drive.

Google Drive responsibility: Study Packs exported to Google Drive are stored in your own Google account. If Google Drive experiences data loss, unavailability, account suspension, or termination for any reason, your recourse is with Google, not StudyPromptAI. StudyPromptAI is not a backup service and assumes no responsibility for the availability or integrity of your Google Drive.

Device responsibility: Content stored locally on your device that has not been exported to Google Drive cannot be recovered by StudyPromptAI if your device is lost, damaged, reset, or stolen. We strongly recommend exporting all Study Packs to Google Drive regularly.

By using the Service, you grant StudyPromptAI a limited, non-exclusive license to process your content solely as necessary to provide the Service (e.g., generating a PDF and uploading it to your Drive). This license terminates when you delete the content or stop using the Service.

6. Recording Consent

The iOS app includes an audio recording feature. You are solely responsible for complying with all applicable federal, state, and local laws governing the recording of audio and video in your jurisdiction.

Recording consent laws vary significantly by location. Some jurisdictions require the consent of all parties being recorded before a recording may be made. StudyPromptAI makes no representation that use of the recording feature is lawful in your specific location or circumstances.

StudyPromptAI shall not be liable for any claim, penalty, or damages arising from your use of the recording feature, including any claim by a third party who was recorded without their consent. By using the recording feature, you represent that you have obtained all legally required consents.

7. Accounts

Access to the Learning Portal requires signing in with a Google account. You are responsible for maintaining the security of your Google credentials. One account per person. You may not share access with others.

8. Acceptable Use

You agree not to:

Reverse engineer, decompile, or disassemble any part of the Service.
Scrape, harvest, or systematically extract data from the Service.
Use the Service to store or distribute illegal content.
Record any individual without obtaining all legally required consents.
Attempt to gain unauthorized access to our systems or other users' accounts.
Use the Service in any way that violates applicable law or infringes the rights of others.

9. Intellectual Property

The StudyPromptAI app, website, branding, and software are the intellectual property of John Kushwarra. You may not copy, modify, or distribute them without written permission.

You retain all rights to the content you create. We claim no ownership over your notes, recordings, or Study Packs.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant or represent that:

The Service will be uninterrupted, timely, secure, or error-free.
Your recordings, notes, transcripts, Study Packs, or any other content will be preserved or recoverable.
Audio transcriptions will be accurate, complete, or suitable for any purpose.
The Service will produce any particular academic or professional outcome.
External AI platforms (NotebookLM, ChatGPT, Claude, or others) will perform as expected with your exported content.
Google Drive or any third-party service will remain available or retain your data.

You use the Service entirely at your own risk. We strongly recommend maintaining your own backups of all important recordings and notes.

11. Limitation of Liability

To the maximum extent permitted by law, StudyPromptAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.

In no event shall StudyPromptAI be liable for loss of data, including loss of recordings, notes, transcripts, Study Pack files, or any other content, regardless of the cause — whether due to app malfunction, device failure, Google Drive unavailability, export failure, or any other reason.

Our total liability to you for any claim arising from your use of the Service shall not exceed the total fees you paid to StudyPromptAI in the three months preceding the claim. If you have paid nothing, our total liability shall not exceed $10.00 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Third-Party Services

The Service relies on third-party platforms including Google (authentication and Drive), Apple (iOS distribution and payments), Vercel (web hosting), and Neon (database). StudyPromptAI is not responsible for the availability, performance, data practices, or terms of any third-party service.

If any third-party service experiences an outage, data loss, policy change, or termination that affects the Service, StudyPromptAI shall not be liable for any resulting loss or inconvenience. Your use of Google Drive is governed by Google's Terms of Service and Privacy Policy.

Trademark Notice: ChatGPT is a trademark of OpenAI, L.L.C. Claude is a trademark of Anthropic, PBC. NotebookLM is a trademark of Google LLC. All third-party product names, trademarks, and brand names mentioned in these Terms or in the Service are the property of their respective owners. StudyPromptAI is not affiliated with, endorsed by, or sponsored by any of these companies.

13. Force Majeure

StudyPromptAI shall not be liable for any failure or delay in performing its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or infrastructure outages, government actions, third-party service failures, or cyberattacks.

14. Indemnification

You agree to indemnify, defend, and hold harmless StudyPromptAI and its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

Your use of or access to the Service.
Your violation of these Terms.
Your violation of any applicable law, regulation, or third-party right, including recording consent laws.
Any content you record, capture, store, or export using the Service.

15. Dispute Resolution & Arbitration

Informal resolution first: Before filing any claim, you agree to contact us at support@studypromptai.com and give us 30 days to attempt to resolve the dispute informally.

Binding arbitration: If the dispute is not resolved informally, you and StudyPromptAI agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Class action waiver: You and StudyPromptAI each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding of any kind.

Small claims exception: Either party may bring an individual claim in small claims court if the claim qualifies.

Opt-out: You may opt out of arbitration by notifying us in writing within 30 days of first accepting these Terms at support@studypromptai.com with subject line "Arbitration Opt-Out."

16. Termination

We reserve the right to suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason, with or without notice. Upon termination, your right to use the Service ceases immediately. Content in your Google Drive remains yours and is unaffected by termination.

17. Data Security & Breach Notification

We implement reasonable technical and organizational measures to protect the metadata we store (your email address, session identifiers, and pack references). In the event of a data breach affecting your personal information, we will notify you as required by applicable law, including the Pennsylvania Breach of Personal Information Notification Act.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date above. For material changes, we will require you to re-accept before continuing to use the Service. Continued use after non-material changes constitutes acceptance of the updated Terms.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. To the extent a dispute is not subject to arbitration, it shall be resolved in the courts of Pennsylvania.

20. Contact

For questions about these Terms: support@studypromptai.com