General Terms and Conditions of Use

General

These Terms and Conditions of Use ("Terms" or "Agreement") constitute the contractual agreement between you, natural or legal person (the "Client" or "you") and Flashka OÜ, a private limited company incorporated under the laws of Estonia, domiciled at Harju maakond, Tallinn, Kesklinna linnaosa, F. R. Faehlmanni tn 6-12, 10125, Estonia, registered with the Estonian Commercial Register under no. 16813828 (hereinafter, "Flashka"). The Terms govern the access and use by the Client of the website (the "Website") made available by Flashka, https://www.flashka.ai/.

The fee-based Services (as defined below) have additional terms and conditions ("Additional Terms"). When the Additional Terms apply, the Terms and the Additional Terms form a single agreement. In case of discrepancies between the Terms and the Additional Terms, the latter shall prevail.

Using the Website implies full acceptance of these Terms. You declare to have reviewed and accepted these Terms, including the clauses listed at the end of these Terms and/or any other note, legal notice, information, or disclaimer published anywhere on the Site and referred to in this Terms. You shall not use the Website if you do not agree with the Terms.

For customer support, please contact Flashka through the following email david@flashka.ai.

Description of the Services

By accessing the Website, Flashka offers the following services (the "Services"):

• the "Pro PDF Upload": Clients can upload PDF documents to the app for visualization and processing.

• Visualization Tools: the Website provides visualization tools to display the uploaded PDF documents for Client's convenience.

• AI-powered Generation: utilizing advanced AI algorithms, the app generates explanations, flashcards, and quizzes based on the content of the uploaded PDF documents, texts or topic descriptions (the "Processed Content").

• Personal Use and Sharing: the generated materials are intended for personal educational use and may be shared with friends for collaborative learning purposes. Commercial use or use for profit requires explicit prior permission from Flashka.

• Contact Information: Users can contact customer support for assistance or inquiries regarding the app or its services.

The abovementioned Services are provided by means of a number of interactions between the Website and the Clients (the "Website Interactions"). Each interaction can be performed by the Website in favour of the Client for a maximum of 50 times per day.

Flashka may update the Website and change the available Services from time to time to improve performance, enhance functionality, reflect change to Website's users' needs or Flashka's business priorities or to address security issues. Flashka may also replace or remove some features for any justified reasons and with a reasonable prior notice, in compliance with any applicable mandatory laws.

Flashka is neither obligated to ensure nor warrants correctness or accuracy of the Processed Content. In particular, Flashka does not give any guarantee regarding the correctness of the Processed Content created by the machine learning system.

Appropriate use of the Website

You are responsible for your use of the Website, and for any use of the Website made using your account.

You may only use the Website for lawful purposes and in compliance with this Terms. You must not access or use the Website or any of the Services or content made available through the Website:

• in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any operating system;

• in a way that infringes Flashka's Intellectual Property rights (as defined below) or those of any third party in relation to the Client's use of the Website (to the extent that such use is not licensed by these terms);

• in a way that could damage, disable, overburden, impair or compromise Flashka's systems or security or interfere with other users;

• to collect, mine or harvest any information or data from the Website or Flashka's systems or attempt to decipher any transmissions to or from the servers running the Website or reverse engineer Flashka's software;

• to access or interfere with another user's account or information, impersonate another person or create or use a false identity or contact details; or

• in a way that is not authorised by Flashka or is detrimental to Flashka or our third party service providers.

Flashka is committed to maintaining a safe and respectful environment for all Clients who interact with our Website. To ensure constructive and respectful communication, within the limits provided by applicable law, Flashka reserves the right at any time to suspend the Client's access to the Website, or terminate Client's Agreement with Flashka and Client's use of the Website, immediately upon giving the Client a notice in writing if the Client uses the Website in a manner that it is deemed by Flashka to be contrary to these Terms or fraudulent.

Registration and Acceptance of the Terms

In order to access the Services, it is required to provide the following information: (i) e-mail address; (ii) a password; and (iii) those information required under the questionnaire (collectively, the "Information"). By clicking on the button "get started" and providing the Information you complete the registration process (the "Registration"). From the moment of the Registration the Client expressly accept the present Terms and their application to the Services.

In connection with the Registration, you agree to: (i) provide accurate, current and complete information about you as requested by Flashka; (ii) maintain the confidentiality of your password and other information related to the security of your account; and (iii) be fully responsible for all use of your account and for any actions that take place through your account.

Client Intellectual Property rights

The Client may upload any text, pictures, data, information, communication, material, such as electronic documents or images on the Website to use the Services (collectively, "Content");

Client retains and exclusively owns all rights, title and interest in the Content and is responsible for any and all use and obligations with respect to the accuracy, quality, and lawfulness of Content. Without limiting the foregoing, the Client will be solely responsible for obtaining from third parties all necessary rights for Flashka to use the Content for the purposes of these Terms. By uploading the Content on the Website, Client grants to Flashka a fully-paid up, royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, incorporate in other works, exploit and create derivative works from the Content, for any purpose and through any means, support, and media, including developing purposes, such as improving the Services or Website or the implementation of new technologies or services. Client will not be entitled to compensation for any use of the Content by Flashka under these Terms.

Client represents and warrants that any Content, to the best of its knowledge, will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic, or unlawful; (d) contain any viruses, worms, or other malicious computer programming codes intended to damage Flashka system or data; and (f) otherwise violate the rights of a third party. In particular, Client undertakes not to upload, display, or otherwise provide on or through the Website any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (ii) in Flashka's sole judgment, it is objectionable, restricts or inhibits any other person from using the Website, or may expose Flashka or its users to any harm or liability of any kind.

Client acknowledges that Flashka has no obligation to pre-screen Content, although Flashka reserves the right to remove any Content that violates these Terms or is unlawful or otherwise objectionable at Flashka own discretion.

Client understands that other users will have access to the Content and that neither they or Flashka have any obligation to you or anyone else to maintain the confidentiality of the Content.

Feedbacks

Flashka may enable Client to give feedbacks (the "Feedbacks") on the Services, Flashka, the Website, the Generative AI Features and any other feature or service provided to Client by Flashka.

Any Feedback shall be truthful, accurate, lawful, non-discriminatory, and non-denigratory, and shall not incentivize inappropriate or unlawful behaviours.

Client retains and exclusively owns all rights, titles and interests in the Feedbacks and is responsible for their compliance with Paragraph 6.2. By leaving the Feedbacks on the Website, Client grants to Flashka a fully-paid up, royalty free, perpetual, irrevocable, worldwide, exclusive, transferable, and sublicensable license to use the Feedbacks for PR, communication, marketing, promotional and advertising purposes.

Generative AI features

The Services may enable Client to use certain features that implement one or more generative artificial intelligence models or tools (the "Generative AI Features"). The Generative AI Features may allow Client to insert or upload as input the Content. Based on the Content, Client may generate and receive as output content such as text, images, video, or audio ("Processed Content"). The Processed Content is owned by the Client, who grants to Flashka a full-paid, royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, incorporate in other works, use for developing purposes, improving the Services or Website or new technologies or services and create derivative works from the Processed Content.

Flashka Intellectual Property Rights

Flashka or Flashka's licensors retain and exclusively own all rights, title and interest in and to the Services, the Website, (excluding any Content), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Services and in the Website.

Limitation of Liability

Flashka shall only be liable towards you with respect to our contractual obligation to provide the Services. To the maximum extent permitted by applicable law, in no event shall we be liable for any actions or omissions of any third parties.

For the avoidance of doubt, nothing in these Terms shall limit or exclude the liability of Flashka or Flashka's agents and employees for (i) death or personal injury resulting from our negligence; (ii) fraud, fraudulent misrepresentation or gross negligence; and (iii) any other liability that cannot be excluded or limited by applicable law.

Flashka shall not in any way be liable to the Client or third parties, except in cases of wilful misconduct or gross negligence, for: (i) loss of profit; (ii) loss of business opportunities; and (iii) direct or indirect loss arising from or in connection to the Terms.

To the maximum extent permitted by applicable law, in no event will Flashka be liable to you or any third party claiming through you for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Services or any portion thereof, including but not limited to the loss of use of the Services, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Flashka has been advised of the possibility of such damages.

Lastly, Flashka shall not be liable for the accuracy, reliability, or completeness of the Processed Content and Services provided by us on the Website or any damages that may arise from such Processed Content and Services.

Personal Data Protection

Flashka's privacy policy, available at this link (the "Privacy Policy"), describes the personal data collected by Flashka and the purposes for which Flashka processes such data in relation to its Services. The Privacy Policy and any parts of it are not meant as contractual clauses and do not become part of these Terms.

Minors

Our Services are not directed to, or intended for, children under 14 (fourteen) years old. Minors under the age of majority in their jurisdiction but that are at least 14 (fourteen) years of age are only permitted to agree to our Services if the relevant minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. By using the Services, you represent and warrant that you meet these requirements. In no circumstance Flashka collects Personal Data from persons being under 14 (fourteen) on purpose. If you have reason to believe that a person under 14 (fourteen) has provided Personal Data to Flashka, please email us at david@flashka.ai. We will investigate any notification and, if appropriate, delete the Personal Data from our systems.

Indemnification of Flashka

To the maximum extent permitted by the applicable laws, you agree to defend, indemnify and hold harmless Flashka and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including legal expense, arising out of or relating to your access or use of the Website, any false representation made to us (as part of these Terms or otherwise), your breach of any of these Terms, or any claim that any flashcard we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

Jurisdiction and governing law

These Terms will be interpreted, construed, enforced in accordance with the laws of Italy without regard to any rules governing choice of laws. Each party hereby submits to the exclusive jurisdiction and venue of the courts of Milan, with respect to any claim, action or proceeding arising out of or in connection with these Terms, without prejudice to the right of the consumers to start proceedings before the court of their place of residence or domicile. In respect of any and all disputes with consumers, the courts of the place or residence or domicile of the consumers shall have jurisdiction for any claim concerning them.

As an alternative to going to court, Clients can submit complaints to the European Online Dispute Resolution Platform. The European ODR Platform has been developed by the EU institutions to provide simple, fast and inexpensive out-of-court solutions for disputes arising from online sales. For more information about the European ODR Platform or to submit a complaint and initiate alternative dispute resolution procedures in relation to the Terms, consumers may use the following link: https://ec.europa.eu/odr.

Modification of the Terms

Flashka may amend, update, or change these Terms from time to time. In this case, we will duly notify the amendment with a reasonable prior notice of at least 15 (fifteen) days and providing a reasoning for such amendment where needed under applicable laws.

Amendments shall be implemented due to the following objectives reasons for the change: (a) adapt the terms to any laws or regulations in force or in the process of being adopted; (b) adapt the terms to any decision issued by a court, consumer authority or any other competent authority which affects the content of the Website or the services offered by it; (c) adapt the applicable tariffs (if applicable); (d) prevent abuse or damage or for security reasons; (e) reflect changes to our Services; (f) reflect changes and developments in the way Flashka operates its business; (g) reflect changes in market conditions or industry standard practices; (h) make mere formal amendments (e.g. to correct grammatical or spelling errors).

If amendments are made to the legislation and any provision of the present Terms becomes partially or totally null or void, the remaining Terms will remain in force.

If Clients do not agree with the revised Terms, they are requested to cease the use of the Website and the relevant Services and to cancel their account (if any). The use by the Clients of the Website following any such change will constitute acceptance of such changes and their agreement to be bound by the revised Terms.

Pursuant to Article 1341 and 1342 of the Italian Civil Code, Clients hereby declare to have read, understood and accepted the following clauses of these Terms: 3. Appropriate use of the Website, 5. Client Intellectual Property Rights, 8. Limitation of Liability, 11. Indemnification of Flashka, 12. Jurisdiction and Governing Law, 13. Modification of the Terms.