Terms of Service for Dumerzel Education

Agreement to Terms

Welcome to Dumerzel Education ("Dumerzel," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our mobile application and related services (collectively, the "Service").

By creating an account or using Dumerzel, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

For users under 18: You represent that your parent or legal guardian has reviewed and consents to these Terms on your behalf.

1. Description of Service

1.1 Educational AI Tutoring

Dumerzel is an AI-powered educational platform that provides:

• Voice-Based Questions: Ask questions using your voice
• AI-Generated Responses: Receive explanations, tutoring, and educational guidance
• Visual Learning: Analyze homework, textbooks, and educational materials via camera
• Conversation History: Track your learning progress over time
• Text-to-Speech: Listen to AI responses for hands-free learning

1.2 Service Limitations

Important Disclaimers:

• Dumerzel is a supplementary educational tool, not a replacement for formal education, teachers, or professional tutoring
• AI responses may contain errors, inaccuracies, or outdated information
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content
• Dumerzel should not be used for:
  • Medical, legal, or professional advice
  • Academic dishonesty or cheating
  • Completing assignments on your behalf without learning
  • Any illegal or harmful purposes

You are responsible for verifying the accuracy of information before relying on it.

2. Eligibility and Account Registration

2.1 Age Requirements

• Users 13 and Older: May create an account with a valid email address
• Users Under 13: Require verifiable parental consent (COPPA compliance)
• All Users Under 18: Must have parent/guardian review and consent to these Terms

2.2 Account Creation

To use Dumerzel, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

2.3 Account Restrictions

You may NOT:

• Create multiple accounts for the same person
• Share your account with others
• Create accounts using automated means (bots, scripts)
• Impersonate another person or entity
• Use false or misleading information during registration
• Create accounts if you were previously banned from the Service

Violation of these restrictions may result in immediate account termination.

3. Acceptable Use Policy

3.1 Permitted Uses

You may use Dumerzel to:

• Ask educational questions and receive AI-generated explanations
• Upload homework, textbooks, or study materials for analysis and guidance
• Track your learning progress and review past conversations
• Improve your understanding of academic subjects
• Supplement your formal education with additional learning resources

3.2 Prohibited Uses

Academic Dishonesty:

• Complete assignments, homework, tests, or exams on your behalf without learning
• Submit AI-generated content as your own work without proper attribution
• Violate your school's academic integrity policies or honor code
• Circumvent plagiarism detection systems

Illegal or Harmful Activities:

• Violate any applicable laws, regulations, or third-party rights
• Harass, threaten, or harm others
• Upload content containing violence, hate speech, or explicit material
• Engage in fraudulent, deceptive, or misleading activities
• Attempt to hack, breach security, or reverse-engineer the Service

Misuse of Service:

• Abuse our AI models with excessive or inappropriate requests
• Upload malware, viruses, or malicious code
• Scrape, crawl, or systematically download content from the Service
• Use the Service for commercial purposes without our written permission
• Resell, redistribute, or create derivative services based on Dumerzel
• Interfere with or disrupt the Service's operation or servers

Inappropriate Content:

• Upload sexually explicit, pornographic, or adult content
• Share personal information of others without consent
• Post spam, advertising, or promotional material
• Submit content that infringes intellectual property rights

Violation of these policies may result in account suspension or termination, and we may report illegal activities to law enforcement.

4. User-Generated Content

4.1 Your Content

When you use Dumerzel, you create content ("User Content"), including:

• Voice recordings and text questions
• Uploaded images of homework, textbooks, or educational materials
• Conversation history and learning data

You retain ownership of your User Content. However, by using the Service, you grant us a license (as described below).

4.2 License Grant

By submitting User Content, you grant Dumerzel a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

• Use, reproduce, process, and store your User Content to provide the Service
• Transmit your User Content to third-party AI providers (OpenAI, Google Cloud) for processing
• Create anonymized, aggregated data to improve our AI models and Service
• Display your User Content back to you in your conversation history

Important Limitations:

• This license is only for operating the Service and improving our AI models
• We will NOT publicly display your User Content without your permission
• We will NOT sell your User Content to third parties
• You may delete your User Content at any time (see Section 9)

4.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain confidential, proprietary, or sensitive information you don't have permission to share

If you submit copyrighted material (e.g., textbook pages), you confirm:

• You own the material, or
• You have permission to use it for educational purposes, or
• Your use qualifies as "fair use" under copyright law

We are not responsible for User Content. If you violate these terms, you may be held liable for damages.

5. Intellectual Property Rights

5.1 Dumerzel's Intellectual Property

All aspects of the Service (excluding User Content) are owned by Dumerzel, including:

• The Dumerzel mobile application, software, and code
• Our branding, logos, trademarks, and service marks
• Design, layout, graphics, and user interface
• AI model configurations, prompts, and training data
• Documentation, guides, and educational materials we create

Protected by Law: Copyright, trademark, patent, and trade secret laws protect our intellectual property.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes. This license does NOT allow you to:

• Copy, modify, or distribute our software or code
• Reverse engineer, decompile, or disassemble the application
• Remove or alter copyright, trademark, or proprietary notices
• Use our branding, logos, or marks without written permission

5.2 Third-Party Intellectual Property

The Service integrates with third-party services (OpenAI, Google Cloud, etc.), which are subject to their own terms and intellectual property rights. By using Dumerzel, you also agree to comply with the terms of these third-party services.

5.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas for improving Dumerzel ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize your Feedback without compensation or attribution.

6. Subscriptions and Payments

6.1 Free and Paid Tiers

Dumerzel offers:

• Free Tier: Limited AI usage with daily quotas
• Pro Tier: Increased AI usage limits, priority support, advanced features (subscription required)
• Enterprise Tier: Custom solutions for schools and organizations (contact us for pricing)

6.2 Subscription Terms

Billing:

• Subscriptions are billed monthly or annually (as selected)
• Payments are processed via App Store (iOS) or Google Play (Android)
• All fees are non-refundable unless otherwise stated or required by law

Automatic Renewal:

• Subscriptions automatically renew unless canceled before the renewal date
• You will be charged at the start of each billing period
• Subscription prices may change with 30 days' notice

Cancellation:

• You may cancel your subscription at any time via your device's subscription settings
• Upon cancellation, you retain access until the end of your current billing period
• No partial refunds are provided for early cancellation

Free Trials:

• We may offer free trials for Pro subscriptions
• If you don't cancel before the trial ends, you'll be automatically charged
• You may cancel during the trial period to avoid charges

6.3 Taxes

You are responsible for any applicable taxes (sales tax, VAT, GST) based on your location. Taxes may be added to your subscription price where required by law.

6.4 Refund Policy

General Rule: All payments are final and non-refundable.

Exceptions:

• Technical issues preventing access to paid features (we'll troubleshoot first)
• Unauthorized charges (report immediately)
• Legal requirements in your jurisdiction (e.g., EU Right of Withdrawal)

To request a refund: Contact hello@dumerzel.com within 14 days of the charge with your order details.

7. Educational Content Disclaimer

7.1 AI-Generated Content

No Warranty of Accuracy:

• Dumerzel uses advanced AI models (OpenAI GPT-4, Google Cloud, etc.) to generate educational responses
• AI-generated content may contain factual errors, misconceptions, or outdated information
• We do NOT review, verify, or endorse all AI responses for accuracy
• You are responsible for verifying information before relying on it

Not Professional Advice:

• Dumerzel does NOT provide professional advice (medical, legal, financial, psychological)
• AI responses are for educational and informational purposes only
• Consult qualified professionals for expert advice in specialized fields

Supplementary Tool:

• Dumerzel is designed to supplement formal education, not replace teachers or schools
• AI tutoring should be used alongside classroom instruction, textbooks, and other resources
• Students should always follow their school's policies and guidelines

7.2 Third-Party Content

The Service may display content from third-party sources (educational websites, reference materials, etc.). We do not control, endorse, or assume responsibility for third-party content.

7.3 Academic Integrity

Responsible Use:

• Use Dumerzel to understand concepts, not just get answers
• Always follow your school's academic integrity policies
• Do not submit AI-generated content as your own work without proper attribution
• Use Dumerzel ethically to enhance learning, not for cheating

School Policies:

• Some schools prohibit or restrict the use of AI tools
• You are responsible for knowing and complying with your institution's policies
• Violations may result in academic penalties from your school (we are not liable)

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

Key Points:

• We do NOT sell your personal data
• We use encryption to protect your data
• Voice recordings are deleted immediately after transcription
• You can delete your data at any time
• We comply with GDPR, CCPA, and COPPA

By using Dumerzel, you also agree to our Privacy Policy.

9. Termination and Account Deletion

9.1 Your Right to Terminate

You may terminate your account at any time:

• Go to Settings > Account > "Delete Account" in the app
• Email hello@dumerzel.com with your deletion request
• Cancel via your App Store or Google Play subscription settings

Effect of Termination:

• Your account will be permanently deleted within 30 days
• All User Content (conversations, history) will be erased
• You will lose access to paid features (no refund for remaining subscription time)
• Anonymized data may be retained for analytics and AI improvement

9.2 Our Right to Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms of Service
• You engage in fraudulent, illegal, or abusive behavior
• We detect unauthorized access or security threats
• You abuse our AI models or disrupt the Service
• We are required to do so by law or court order

Notice:

• We will attempt to notify you via email before termination (unless immediate action is required for safety/security)
• You may appeal a termination by contacting hello@dumerzel.com

Effect of Termination by Us:

• You lose access to your account and all User Content
• Paid subscriptions may be canceled without refund (depending on reason for termination)
• You may be prohibited from creating new accounts

9.3 Survival of Terms

Certain provisions survive termination:

• Sections on intellectual property, disclaimers, limitations of liability, and dispute resolution
• Any obligations you incurred before termination (e.g., unpaid fees)

10. Disclaimers and Limitation of Liability

10.1 "As-Is" and "As Available" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including:

• Merchantability: The Service is fit for general educational use
• Fitness for a Particular Purpose: The Service meets your specific needs
• Non-Infringement: The Service does not violate third-party rights
• Accuracy: AI-generated content is accurate or error-free
• Reliability: The Service will be uninterrupted, secure, or bug-free
• Results: You will achieve specific learning outcomes or grades

10.2 No Guarantee of Service Availability

We do NOT guarantee:

• Continuous, uninterrupted access to the Service
• Error-free operation or bug-free software
• Compatibility with all devices or operating systems
• Prevention of data loss, corruption, or security breaches

We may modify, suspend, or discontinue the Service at any time without notice.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUMERZEL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

Indirect Damages:

• Lost profits, revenue, data, or business opportunities
• Emotional distress or reputational harm
• Consequential, incidental, punitive, or special damages

Even if:

• We were advised of the possibility of such damages
• A remedy fails of its essential purpose

Direct Damages:

Our total liability for all claims related to the Service is limited to the amount you paid us in the 12 months before the claim arose, or $100 (whichever is greater)

Examples of Excluded Liability (AI-Specific):

We are specifically NOT liable for any damages, losses, or consequences arising from:

AI Content Accuracy:

• Reliance on inaccurate, incomplete, or outdated AI-generated content
• Decisions made based on AI educational guidance
• Failure to verify AI-generated information before use
• AI "hallucinations" or nonsensical responses
• Errors in AI translation, transcription, or interpretation

Academic Consequences:

• Bad grades or poor academic performance
• Honor code or academic integrity violations
• Assignment rejection or grade penalties
• Academic probation, suspension, or expulsion
• Disciplinary action from educational institutions
• Rejection from academic programs or institutions

Technical and Third-Party Issues:

• Third-party AI provider errors, outages, or service changes (OpenAI, Google, etc.)
• Device damage, data loss, or security breaches
• Internet connectivity issues or service interruptions
• Compatibility issues with your device or operating system

User Actions:

• User error, misuse, or misunderstanding of AI responses
• Failure to follow recommended verification practices
• Inclusion of personal information in queries processed by AI providers
• Violation of school policies regarding AI tool usage

Exceptions:

• This limitation does NOT apply where prohibited by law (e.g., fraud, gross negligence, willful misconduct)
• Some jurisdictions do not allow exclusion of implied warranties or limitation of liability (these restrictions may not apply to you)

11. Indemnification

You agree to indemnify, defend, and hold harmless Dumerzel, its affiliates, officers, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your User Content (including infringement of intellectual property, defamation, privacy violations)
• Your use or misuse of the Service
• Academic dishonesty or cheating facilitated by your use of Dumerzel
• Unauthorized access to your account due to your failure to secure your password

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing a legal claim, you agree to:

1. Contact us at legal@dumerzel.com with a detailed description of the dispute
2. Allow 30 days for us to attempt to resolve the issue informally
3. Engage in good-faith negotiations to reach a mutually acceptable resolution

12.3 Arbitration Agreement (U.S. Users)

For users in the United States:

Binding Arbitration:

• Any dispute not resolved informally will be settled by binding arbitration under the rules of the American Arbitration Association (AAA)
• Arbitration will be conducted by a single arbitrator in California, USA
• The arbitrator's decision is final and binding, enforceable in any court of competent jurisdiction
• You waive your right to a jury trial and class action lawsuits

Exceptions to Arbitration:

• Small claims court (if your claim qualifies)
• Injunctive relief for intellectual property infringement or misuse of confidential information

Costs:

• Each party pays their own attorneys' fees and costs
• We will pay AAA filing fees for claims under $10,000

Opt-Out:

• You may opt out of arbitration by emailing legal@dumerzel.com within 30 days of creating your account
• Include "Arbitration Opt-Out" in the subject line and your name and email in the message

12.5 Mass Arbitration Procedures

To ensure efficient resolution of disputes when multiple similar claims are filed:

Batching:

If 25 or more similar arbitration demands are filed against Dumerzel within a 60-day period, claims will be grouped into batches of no more than 50 claims each. Only one batch will proceed to arbitration at a time, with subsequent batches proceeding sequentially after resolution of the prior batch.

Bellwether Process:

Before batch arbitration, up to 5 claims will be randomly selected as "bellwether" cases. These will be arbitrated first, and their outcomes will inform potential resolution of remaining claims.

Filing Fee Allocation:

For batched claims, AAA filing fees will be divided equally among claimants in each batch, unless the arbitrator determines otherwise.

Stay of Claims:

Claims not in the current batch will be stayed pending resolution of earlier batches.

Tolling:

Statutes of limitation will be tolled for stayed claims during the batching and bellwether process.

12.6 Class Action Waiver

You agree to bring claims only in your individual capacity, not as a class member or representative.

You waive any right to:

• Participate in class action lawsuits
• Join claims with other users
• Act as a class representative or private attorney general

If the class action waiver is found unenforceable, the arbitration agreement is void.

12.7 Jurisdiction (Non-U.S. Users)

For users outside the United States:

• Disputes will be resolved in the courts of California, USA
• You consent to the exclusive jurisdiction and venue of these courts

13. Changes to These Terms

13.1 Right to Modify

We may update these Terms from time to time to reflect:

• Changes in our Service or features
• Legal, regulatory, or security requirements
• Business practices or operational needs

13.2 Notice of Changes

We will notify you of material changes:

• In-App Notification: Prominent banner when you open the app
• Email Notification: Sent to your registered email address
• Effective Date: Changes take effect 30 days after posting (unless required sooner by law)

13.3 Your Acceptance

Continued use of the Service after changes constitute your acceptance of the new Terms.

If you do not agree to the updated Terms:

• You must stop using the Service
• You may delete your account before the effective date

Version History: Previous versions are archived at https://dumerzel.com/terms/history

14. General Terms

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dumerzel regarding the Service. They supersede all prior agreements, understandings, or communications.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable by a court:

• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect

14.3 No Waiver

Our failure to enforce any provision of these Terms does NOT constitute a waiver of that provision or our right to enforce it in the future.

14.4 Assignment

You may NOT transfer or assign your rights under these Terms without our written consent.

We may transfer or assign our rights and obligations under these Terms to another company (e.g., in a merger or acquisition) without your consent.

14.5 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• Acts of government, war, terrorism, or civil unrest
• Internet outages, cyberattacks, or third-party service failures
• Pandemics or public health emergencies

14.6 Third-Party Beneficiaries

These Terms do NOT create any third-party beneficiary rights (except for our affiliates, who may enforce provisions that benefit them).

14.7 Relationship of Parties

These Terms do NOT create any partnership, joint venture, employment, or agency relationship between you and Dumerzel.

14.8 Export Compliance

You agree to comply with all export and import laws when using the Service. You may NOT use the Service if you are located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.

15. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

Email: legal@dumerzel.com
Support: support@dumerzel.com
Mail: Dumerzel Education
        California, USA

Response Time: We aim to respond to all inquiries within 5 business days.

16. Acknowledgment and Acceptance

By using Dumerzel, you acknowledge that:

• You have read, understood, and agree to these Terms of Service
• You have read and agree to our Privacy Policy
• You meet the eligibility requirements (age, parental consent if under 18)
• You will use the Service in compliance with all applicable laws

For users under 18:

• Your parent or legal guardian has reviewed these Terms
• They consent to your use of the Service
• They agree to be bound by these Terms on your behalf

Last Updated: December 16, 2025

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