Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Sam The Wise ("the App," "Service," "we," "us," or "our"), you agree to these Terms of Service, our Privacy Policy, and any additional guidelines posted within the App. If you do not agree, do not use the Service.

2. Changes to Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email and a prominent in-app notice. Non-material changes will update the "Last Updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

3. Description of Service

Sam The Wise is an AI-powered study companion application that provides the following features:

3.1 Study System

• Flashcard Decks: Create, import, and study flashcard decks with multiple question types (multiple choice, free response, true/false, cloze, matching, numeric, and ordering).
• Spaced Repetition: Scientifically-based review scheduling using the FSRS (Free Spaced Repetition Scheduler) and SM-2 algorithms to optimize long-term retention.
• Deck Import: Import flashcard decks from external sources including CSV files.
• Deck Sharing: Share decks with other users via direct links.
• Folder Organization: Organize decks into nested folder hierarchies.
• Official Decks: Access curated, pre-made study decks aligned with specific curricula (e.g., FOS/Fachoberschule).

3.2 AI Tutor ("Sam")

• Conversational Tutoring: An AI-powered tutor that provides interactive, personalized learning assistance through natural conversation.
• Multiple Modes: The tutor operates in different modes including Learning, Answering, and Explaining to adapt to your study needs.
• Deck Generation: Generate flashcard decks from tutor conversations (available on eligible subscription tiers).
• Custom Sam (Unlimited Tier): Personalize the AI tutor's teaching personality, chat appearance, study preferences, and custom instructions.
• Text-to-Speech: Listen to tutor responses read aloud.

3.3 AI Quiz Generation

• Document Upload: Upload documents (PDFs, images, text files) for AI-powered quiz generation.
• Automatic Question Creation: AI generates study questions from your uploaded materials with quality scoring.
• File Processing: Uploaded files are processed by AI services and automatically deleted after processing (see Privacy Policy for details).

3.4 Essay Writing & AI Grading

• Essay Editor: A distraction-free writing environment for composing essays.
• AI Grading: Submit essays for AI-powered feedback and scoring based on rubric criteria.
• Official Essay Prompts: Access curated essay prompts with grading rubrics from the Official Decks library.

3.5 Exam Simulation

• Exam Mode: Practice under exam-like conditions with a distraction-free interface, timers, and no live feedback.
• Exam Reports: Receive AI-generated performance analysis and feedback after completing exams (available on eligible subscription tiers).

3.6 Grade Tracking

• Grade Management: Track your academic grades across subjects and semesters.
• Multiple Grading Systems: Support for percentage (0–100%), German points (1–6), letter grades (A–F), UK classifications, and custom scales.
• Grade Calculation: Weighted grade averages, trend analysis, and target grade calculators.

3.7 Social Features

• Friends: Add friends, view their profiles, and see their online status.
• Leaderboards: Compete on leaderboards ranked by XP, streaks, cards studied, and accuracy.
• Referral Program: Invite friends using your unique referral code (format: SAM-XXXXXX) or shareable link. Both the referrer and the referred user receive subscription rewards after the referred user answers at least 20 questions. Reward tiers:
  • Bronze (1–3 referrals): 7 days Student Plus per referral
  • Silver (4–7 referrals): 10 days Student Plus per referral
  • Gold (8–14 referrals): 14 days Student Plus per referral
  • Ambassador (15+ referrals): 14 days Unlimited per referral
  Referral rewards are subject to change with notice.
• Deck Sharing: Share study decks with friends via direct links.

3.8 Gamification

• Achievements: Earn achievements across categories including Consistency, Capability, Depth, Creation, and Growth Mindset.
• Streaks: Maintain daily study streaks.
• XP System: Earn experience points for study activities.

3.9 Analytics & Insights

• Study Analytics: View detailed statistics about your study habits, accuracy, and progress over time.
• Learning Insights: AI-generated insights about your learning patterns.

3.10 Offline Mode

• Offline Study: Study your downloaded decks without an internet connection.
• Sync: Changes made offline are automatically synced when you reconnect.

3.11 Push Notifications

• Study Reminders: Optional daily reminders to maintain your study habits.
• Review Due Reminders: Periodic reminders when spaced repetition cards are due for review.
• Streak Alerts: Notifications if you haven't studied yet today and have an active streak.
• Streak at Risk Alerts: Urgent reminders when a multi-day streak is about to expire.
• Achievement Notifications: Notifications when you unlock achievements.
• Friend Activity: Notifications about your friends' study milestones (sessions, achievements, streaks, new decks).
• Deck Shared: Notifications when someone copies one of your shared decks.
• Cards Due Soon: Morning reminders when a large number of review cards are due.
• Weekly Progress Summary: A weekly summary of your study activity.
• Weekly Recap: A weekly XP and leaderboard summary.
• Quest Expiring Alerts: Reminders before daily quests expire.
• Milestone Approaching: Notifications when you're close to reaching a study milestone.
• Welcome Back Reminders: Re-engagement reminders after a period of inactivity (3–14 days).
• Exam Coming Up: Multi-level reminders at 7 days, 3 days, and 1 day before exams.
• Grade Reminders: Weekly reminders to keep your grade tracker up to date.
• Leaderboard Changes: Notifications when your leaderboard rank changes significantly.
• Daily Schedule Digest: Opt-in morning summary of your classes, free periods, and upcoming exams.
• Smart Scheduling: All notifications respect quiet hours (Do Not Disturb) and a daily cap of 5 notifications.

Each notification type can be individually enabled or disabled in Settings > Notifications, or disabled entirely through your device settings.

3.12 Sam Remembers (Learning Memory)

• Persistent Learning Profile: Sam builds a longitudinal profile of your learning patterns, including topic mastery, areas of difficulty, upcoming events, and key takeaways from tutor conversations.
• AI Memory Extraction: After tutor conversations, AI analyzes the conversation to extract structured learning insights (topics discussed, mastery levels, struggles identified, upcoming deadlines mentioned).
• Memory Strength: A computed metric indicating how well Sam understands your learning patterns, based on the breadth and depth of your learning profile.
• Tier-Gated Access: Sam Remembers is available only to Student Plus and Unlimited subscribers, with varying limits on tracked topics, struggles, events, and insights.

3.13 WebUntis Timetable Integration

• School Timetable Sync: Connect your WebUntis account to automatically import your class schedule, exams, and homework into Sam's calendar.
• School Search: Search for your school in the WebUntis registry.
• Authentication: Connect using your WebUntis username and password, or via QR code.
• Automatic Sync: Your timetable is periodically synced to keep your calendar up to date.
• Disconnect: You may disconnect your WebUntis account at any time in Settings, with the option to delete all synced events.
• Tier-Gated Access: WebUntis integration is available to Student, Student Plus, and Unlimited subscribers.

3.14 Calendar Features

• Calendar View: View and manage your study schedule, exams, and events.
• AI Calendar Integration (Optional): With your explicit consent ("Calendar AI" toggle), calendar events (including WebUntis-synced events) may be shared with the AI Tutor and Learning Memory to provide context-aware assistance (e.g., Sam can reference your upcoming exams in conversations).
• You can enable or disable Calendar AI at any time in Settings.

3.15 Daily Schedule Digest

• Morning Notifications: Opt-in daily notifications summarizing your schedule for the day (classes, upcoming exams, homework due).
• You can enable or disable the Daily Schedule Digest in Settings > Notifications.

3.16 Unlimited Preview

• Temporary Tier Upgrade: Eligible subscribers may receive a temporary preview of Unlimited tier features (typically 2 days). At the end of the preview period, you revert to your original tier. No charge is applied for the preview.

4. Eligibility and Account Registration

4.1 Account Creation

To use the Service, you must create an account using one of the following methods:

• Email and password
• Google OAuth sign-in
• Apple Sign-in

You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at [email protected] if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized use of your account due to your negligence or credential disclosure. Account sharing is prohibited.

5. Subscription Plans and Payments

5.1 Subscription Tiers

Sam The Wise offers the following subscription tiers:

Feature availability, quotas, and limits are subject to change. We will provide reasonable notice before reducing quotas for existing subscribers.

5.2 Pricing

• Student: €4.99/month or €47.99/year
• Student Plus: €9.99/month or €95.99/year (includes 7-day free trial)
• Unlimited (Sam Unleashed): €16.99/month or €162.99/year

Prices are in Euros (EUR) and include applicable taxes. Prices may vary by region and are subject to change with 30 days' notice to existing subscribers.

5.3 Free Trial and Beta Access

Student Plus includes a 7-day free trial for new subscribers. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the applicable rate.

Beta Access: During our beta period (ending June 1, 2026), new users who sign up with Google or Apple may receive complimentary Student Plus access. This beta access expires on June 1, 2026, after which your account will revert to the Free tier unless you have an active subscription. Beta access terms may change at any time.

5.4 Payment Processing

• iOS: Payments are processed through Apple In-App Purchase. Apple's terms and refund policies apply.
• Android and Web: Payments are processed through Stripe. Stripe's terms apply.

5.5 Cancellation and Refunds

• You may cancel your subscription at any time.
• Cancellation takes effect at the end of the current billing period. You retain access to paid features until then.
• iOS refunds: Contact Apple Support or request through the App Store.
• Stripe refunds: Contact us at [email protected] within 14 days of purchase. Refund eligibility is assessed on a case-by-case basis in compliance with EU consumer protection law.
• Under EU law, you have a 14-day right of withdrawal for digital content purchases, unless you have expressly consented to begin performance and acknowledged that you lose the right of withdrawal.

5.6 Quotas and Fair Use

Usage quotas (daily message limits, monthly generation limits) reset on their respective cycles. Unused quotas do not roll over. We reserve the right to enforce rate limits to prevent abuse and ensure service quality for all users.

5.7 Right of Withdrawal (Widerrufsrecht)

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

6. User-Generated Content

6.1 Your Content

You retain ownership of all content you create within the App, including:

• Study decks, flashcards, and questions
• Essay text and responses
• Grade entries and academic data
• Profile information and bio
• Uploaded images and documents

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

6.2 Copyright Compliance

You warrant that all content you upload:

• Is owned by you, or you have explicit permission to use it, or it is in the public domain
• Is used for personal educational purposes only
• Does not infringe on any third party's intellectual property rights

Permitted uploads: Personal notes, original study materials, original diagrams, public domain materials, content you have authorization to use.

6.3 AI-Generated Content

Content generated by AI features (quiz questions, tutor responses, essay feedback, exam reports) is provided for educational purposes only. AI-generated content:

• May contain inaccuracies or errors
• Should not be relied upon as the sole source of information
• Should be verified against authoritative sources
• Does not constitute professional academic, medical, legal, or financial advice

6.4 Official Decks

Official Decks are curated educational content provided by Sam The Wise. This content is our intellectual property or used under license. You may use Official Decks for personal study only. Redistribution, commercial use, or systematic downloading of Official Deck content is prohibited.

6.5 Copyright Complaints

If you believe content on the Service infringes your copyright (under the German Urheberrechtsgesetz (UrhG), the EU Copyright Directive, or applicable copyright law in your jurisdiction), contact us at [email protected] with:

• A description of the copyrighted work
• The location of the infringing content within the Service
• Your contact information
• A statement of good faith belief that the use is not authorized by the copyright owner

We will review and respond to valid copyright complaints promptly.

7. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose
• Upload harmful, offensive, defamatory, or illegal content
• Attempt to reverse engineer, decompile, or disassemble the App
• Circumvent subscription restrictions, quotas, rate limits, or access controls
• Create multiple accounts to circumvent usage limits
• Use automated tools, bots, or scripts to access the Service
• Interfere with or disrupt the Service or its infrastructure
• Impersonate another person or entity
• Harvest or collect other users' personal information
• Use the AI Tutor to generate content that violates academic integrity policies (e.g., submitting AI-generated work as your own)
• Share your account credentials with others
• Exploit the referral system through fraudulent means
• Upload content containing malware, viruses, or harmful code
• Systematically download or scrape Official Deck content

8. Intellectual Property

8.1 Our Property

Sam The Wise, including its name, logo, mascot ("Sam"), design, code, algorithms (including FSRS implementation), Official Deck content, and all associated intellectual property, are owned by us or our licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as described herein.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use such feedback for any purpose without compensation or attribution.

9. Third-Party Services

The Service integrates with third-party services including:

• Firebase (Google): Authentication, database, storage, analytics, cloud functions, and push notifications
• Anthropic (Claude): AI tutoring, quiz generation, essay grading, exam reports, and learning memory extraction
• Stripe: Payment processing (Android and Web)
• Apple: In-App Purchase (iOS), Sign-in with Apple
• WebUntis (Untis GmbH): School timetable data retrieval (only when you connect your WebUntis account)

Your use of these services is also subject to their respective terms and policies. We are not responsible for third-party service availability, performance, or policies.

10. Warranty and Disclaimers

We endeavour to provide the Service in high quality and reliably. However, we cannot warrant that:

• The Service will be uninterrupted, error-free, or secure at all times
• AI-generated content (tutor responses, quiz questions, essay feedback, exam reports, grade calculations) will be accurate, complete, or suitable for any purpose
• The spaced repetition algorithms will guarantee specific learning outcomes
• Grade calculations will match those of your educational institution
• The Service will meet your specific requirements

Your statutory warranty rights (in particular under §§ 327 ff. BGB for digital products) remain unaffected. This applies especially to claims for material and legal defects under the applicable statutory provisions.

11. Limitation of Liability

11.1 Unlimited Liability

We are liable without limitation for:

• Damages resulting from injury to life, body, or health caused by our negligent or intentional breach of duty
• Damages caused by our intentional or grossly negligent conduct
• Damages arising from a breach of any guarantee we have expressly assumed
• Claims under applicable product liability law
• Any other liability that cannot be excluded under applicable law

11.2 Liability for Breach of Material Contractual Obligations

In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the foreseeable, contract-typical damages. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance you may regularly rely.

11.3 Further Limitation of Liability

Beyond the cases set out above, liability for slightly negligent damages is excluded. Our total liability for claims arising from the use of the Service — without prejudice to unlimited liability under Section 11.1 — is capped at the amount you paid us in the 12 months preceding the event giving rise to the claim, or €100, whichever is greater.

11.4 Liability for AI Content and Grade Calculations

We accept no liability for decisions made on the basis of AI-generated content or grade calculations. Use of these features is at your own risk. This does not affect the liability provisions set out above.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your intentional or grossly negligent violation of these Terms
• Your intentional or grossly negligent violation of any third party's rights, including intellectual property rights
• Content you upload or create through the Service that infringes third-party rights

This indemnification obligation does not apply to the extent that the claim was caused by our own fault. Mandatory consumer protection rights under EU and German law remain unaffected.

13. Account Termination

13.1 By You

You may delete your account at any time through Settings > Account > Delete Account, or by contacting [email protected]. Upon deletion:

• Your personal data will be deleted in accordance with our Privacy Policy
• Payment records will be anonymized but retained for legal compliance (7 years per German tax law)
• Active subscriptions must be cancelled separately through the App Store or Stripe

13.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or abusive behavior
• Fail to pay subscription fees
• Are discovered to be under 16 years of age

We will provide notice before termination where reasonably possible, except in cases of severe violations.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law provisions. The courts of Munich, Germany shall have jurisdiction over any disputes arising from these Terms, subject to mandatory consumer protection provisions that may grant you the right to bring claims in your country of residence.

15. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• No Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: We may assign these Terms. You may not assign your rights without our written consent.

16. Contact Us

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