Terms and Conditions

Last updated: April 2026

1. Agreement to Terms

By accessing and using the MemClick app and website (the "Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Service.

2. Eligibility and Account Responsibility

A. Age and Authority

You must be at least 18 years old to create an account. If you are a parent or legal guardian, you are responsible for all use of the Service under your account, including any use by your children or household members.

B. Account Security

You are responsible for maintaining the confidentiality of your phone number and authentication credentials. You agree to immediately notify us of any unauthorized access to your account. MemClick is not liable for any loss resulting from unauthorized use of your account.

C. Accurate Information

You agree to provide accurate and complete information when creating your account and adding student information. You are responsible for keeping this information up to date.

3. SMS Consent and TCPA Compliance

A. Consent to Receive SMS

By submitting your phone number and creating an account, you consent to receive SMS text messages from MemClick (via Twilio) containing your one-time passwords (OTP) for authentication. These messages are necessary to access your account and use the Service.

B. Standard SMS Rates Apply

Standard message and data rates may apply to SMS messages sent by your mobile carrier. MemClick does not charge you for these messages, but your carrier may. Contact your carrier for details about your SMS plan.

C. Opt-Out

You may opt out of SMS messages at any time by replying STOP to any text message from MemClick. Please note that opting out will prevent you from receiving OTP codes and may prevent you from accessing your account.

D. Frequency

OTP messages are sent only when you request sign-in. We do not send promotional or bulk SMS messages.

4. Use License

MemClick grants you a limited, non-exclusive, non-transferable license to use the Service for personal educational purposes only. You agree not to:

  • Reproduce, duplicate, or copy the Service or its content
  • Modify or translate the Service without permission
  • Reverse engineer, decompile, or disassemble the Service
  • Sell, transfer, or assign the Service to others
  • Attempt to gain unauthorized access to the Service
  • Use the Service for any illegal or unauthorized purpose
  • Harass, abuse, or harm other users
  • Violate any applicable laws or regulations

5. Intellectual Property

The Service, including all content, functionality, design, and compilation, is owned by MemClick and is protected by copyright, trademark, and other intellectual property laws. You are granted a personal, non-commercial license to use the Service, but you may not modify, reproduce, or distribute content without permission.

User-generated study cards and learning data remain owned by you, but you grant MemClick a license to use this data to improve the Service (anonymized and aggregated).

6. Disclaimers

The Service is provided on an "as-is" and "as-available" basis. MemClick makes no warranties, express or implied, regarding:

  • The accuracy or completeness of educational content
  • The fitness of the Service for a particular purpose
  • Uninterrupted or error-free operation
  • Compatibility with any specific device or platform

MemClick is not a substitute for professional educational advice, tutoring, or diagnostic services. Learning outcomes vary by student and depend on consistent engagement.

7. Limitation of Liability

To the maximum extent permitted by law, MemClick shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including:

  • Loss of data or content
  • Loss of revenue or profits
  • Business interruption
  • Failed educational outcomes

even if MemClick has been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold harmless MemClick, its officers, directors, employees, and agents from any claims, damages, or losses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your infringement of any third-party rights
  • Your content or data submitted to the Service

9. Subscription and Billing

A. Free Trial

MemClick offers a free trial period of [X days] to new accounts. After the trial expires, access to the full Service requires an active paid subscription.

B. Billing

Subscription fees are billed automatically on a recurring basis (e.g., monthly or annual). You authorize MemClick to charge the payment method on file. Billing continues until you cancel your subscription.

C. Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are issued for partial months.

D. Price Changes

MemClick reserves the right to change subscription pricing with 30 days' notice. Continued use of the Service after the notice period constitutes acceptance of the new pricing.

10. Third-Party Services

The Service uses third-party services, including:

  • Supabase: For user authentication and data storage
  • Twilio: For SMS delivery
  • Other integrations: For curriculum data and learning resources

These third parties have their own terms of service and privacy policies. MemClick is not responsible for their practices. Your use of the Service constitutes acceptance of these third-party terms.

11. Content and Conduct

A. Prohibited Conduct

You agree not to use the Service to:

  • Harass, threaten, or abuse other users
  • Post offensive, defamatory, or illegal content
  • Attempt to hack, disrupt, or damage the Service
  • Scrape or extract data from the Service
  • Impersonate another person or misrepresent your identity

B. Content Moderation

MemClick reserves the right to remove, edit, or refuse any content that violates these terms or poses a safety risk. Repeated violations may result in account termination.

12. Termination

MemClick may terminate or suspend your account immediately if you:

  • Violate these Terms and Conditions
  • Engage in illegal activity
  • Harass or harm other users
  • Fail to pay subscription fees

Upon termination, you lose access to the Service and any associated data.

13. Dispute Resolution

A. Informal Resolution

If you have a dispute with MemClick, please contact us at legal@memclick.com. We will attempt to resolve the matter informally within 30 days.

B. Arbitration

If informal resolution fails, you agree to submit to binding arbitration under the American Arbitration Association (AAA) rules, rather than pursuing litigation in court. Arbitration is final and binding.

C. Class Action Waiver

You waive the right to participate in class actions or class arbitrations against MemClick.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Michigan.

15. Changes to Terms

MemClick may update these Terms and Conditions at any time. We will notify you of material changes via email or through the Service. Your continued use constitutes acceptance of the updated terms.

16. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

17. Contact Us

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

MemClick, Inc.
Email: legal@memclick.com

Address: [Your Business Address]