Terms of Service

1. Acceptance of Terms

Welcome to Ekkul. These Terms of Service ("Terms") govern your access to and use of the Ekkul platform, including our website, web applications, mobile applications, AI-powered features, learning paths, marketplace, study groups, voice features, and all related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service following any changes constitutes acceptance of those changes.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Ekkul ("Company," "we," "us," or "our").

2. Account Registration & Eligibility

To use certain features of the Service, you must create an account. When registering, you agree to provide accurate, current, and complete information and to keep your account information updated.

2.1 Age Requirements

You must be at least 13 years of age to create an account and use the Service. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Parents and guardians are responsible for monitoring and supervising their child's use of the Service.

2.2 COPPA Compliance

In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information without verifiable parental consent, we will take steps to delete such information promptly. If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact us at legal@ekkul.com.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Ekkul shall not be liable for any loss or damage arising from your failure to protect your account credentials. You may not share your account with others, create multiple accounts for the same person, or transfer your account to another person without our written consent.

2.4 Account Types

Ekkul offers multiple account types to serve different users:

• Student Accounts: For learners preparing for exams and accessing study materials, AI features, and community features.
• Parent/Guardian Accounts: For parents or guardians who wish to monitor their child's learning progress and manage their account settings.
• Instructor Accounts: For teachers and tutors who create content, manage courses, and track student progress.
• Organization Accounts: For schools and educational organizations that manage multiple users and purchase bulk access.

3. Subscription Plans & Payments

Ekkul offers both free and paid subscription plans. Paid plans provide access to additional features, content, AI credits, and enhanced capabilities.

3.1 Subscription Tiers

Our subscription plans include Free, Learner, Plus, Pro, and Premium tiers, each offering progressively more features and resources. Full details of each plan, including pricing and feature comparisons, are available on our Pricing page. Features and pricing are subject to change at our discretion.

3.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you represent that you are authorized to use the payment method and agree to Stripe's terms of service. Ekkul does not store your full credit card information on our servers. All payment data is encrypted in transit and at rest.

3.3 Billing Cycles

Subscriptions are billed on a recurring basis according to the billing cycle you select (monthly or yearly). Yearly plans offer a discounted rate compared to monthly billing. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. The renewal charge will be at the then-current subscription price.

3.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of the current billing period. After the billing period ends, your account will revert to the free plan, and you will lose access to premium features and content. No partial refunds are provided for unused portions of a billing period.

3.5 Refunds

We offer a 7-day money-back guarantee for new subscriptions. If you are not satisfied with your paid subscription, you may request a full refund within 7 days of your initial purchase by contacting us at legal@ekkul.com. Refunds after the 7-day period are granted at our sole discretion. Refunds are not available for:

• Partial billing periods
• One-time purchases (such as individual model test purchases)
• Consumed AI credits or voice character packs
• Credit pack purchases that have been partially or fully used
• Learning paths or marketplace content that has been accessed

3.6 Price Changes

We reserve the right to change subscription prices at any time. If a price change affects your current subscription, we will notify you at least 30 days in advance via email or in-app notification. Your continued use of the Service after the price change takes effect constitutes your agreement to the new pricing.

4. Credits & In-App Purchases

4.1 AI Credit System

AI features operate on a credit-based system. Each subscription tier includes a daily allocation of AI credits that reset every day at midnight UTC. Different features consume different amounts of credits (for example, a chat message costs 1 credit, a concept explanation costs 2 credits, and generating an exam simulation costs 5 credits). Daily credits do not roll over to the next day and cannot be transferred between accounts.

4.2 Purchasable Credit Packs

You may purchase additional credit packs as one-time purchases. Purchased credits are persistent and do not expire, but they cannot be transferred to other accounts or refunded once purchased. Credits may be used as an alternative payment method for content purchases (model tests, exams, learning paths) at the applicable conversion rate displayed at the time of purchase.

4.3 Voice Character Packs

Voice character packs provide a persistent balance of text-to-speech characters that can be used across the platform for read-aloud features. Voice characters are consumed when the text-to-speech feature is used. Different TTS providers may consume characters at different rates. Voice character balances do not expire but are non-transferable and non-refundable.

4.4 One-Time Content Purchases

Certain content, including model tests, exam access, and learning paths, may be available for one-time purchase. Purchases grant you a limited license to access the specific content according to the terms displayed at the time of purchase (e.g., number of attempts). Content purchases are non-transferable and non-refundable once accessed.

5. AI Features & Usage

Ekkul provides AI-powered features to enhance your learning experience, including but not limited to study plans, performance analysis, concept explanations, Study Buddy AI chat, exam simulations, predictive scoring, adaptive difficulty, question hints, and text-to-speech capabilities.

5.1 Acceptable Use of AI Features

You agree to use Ekkul's AI features responsibly. You must not:

• Use AI features to generate content that is harmful, abusive, threatening, defamatory, sexually explicit, or otherwise objectionable.
• Attempt to manipulate, reverse-engineer, or extract the underlying AI models, prompts, training data, or algorithms.
• Use AI features for any purpose unrelated to education and learning on the Ekkul platform.
• Automate or script interactions with AI features to circumvent credit limits, rate limiting, or usage quotas.
• Redistribute, resell, or commercially exploit AI-generated content outside of the platform.
• Use AI features to generate content that infringes on third-party intellectual property rights.
• Attempt to make the AI produce harmful, biased, or misleading content through prompt manipulation or injection techniques.

5.2 AI-Generated Content Disclaimer

AI-generated content, including but not limited to study plans, performance analyses, concept explanations, chat responses, exam simulations, predictive scores, and mentor messages, is provided for educational and informational purposes only. While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or omissions. Ekkul does not guarantee the accuracy, completeness, or reliability of any AI-generated content. You should independently verify important information and should not rely solely on AI-generated content for academic or professional decisions.

5.3 Text-to-Speech (TTS) Features

Ekkul offers text-to-speech functionality powered by third-party providers including OpenAI and ElevenLabs. TTS audio is generated from platform content (explanations, chat responses, reports) and is intended for personal educational use only. You may not record, redistribute, or commercially use TTS-generated audio. Voice preferences (provider, voice, speed, language) are stored per-user and may be modified at any time through your account settings.

5.4 AI Data Processing

To provide personalized AI features, we process your learning data, including test scores, study patterns, topic performance, and interaction history. This data is used to generate personalized study plans, performance analyses, adaptive difficulty adjustments, and other AI-powered recommendations. Your data is processed in accordance with our Privacy Policy. AI-generated responses may be cached for performance optimization and are not shared with other users.

6. Learning Paths & Marketplace

6.1 Learning Paths

Ekkul provides structured learning paths consisting of milestones, focus areas, flashcards, notes, questions, and progress tracking. Learning paths may be created by Ekkul, instructors, or other users. Access to certain learning paths may require a subscription or one-time purchase.

6.2 Marketplace

The Ekkul marketplace allows instructors and content creators to publish and sell learning paths, model tests, and other educational content. By purchasing content through the marketplace, you receive a limited, non-exclusive, non-transferable license to access and use the content for your personal educational purposes. You may not redistribute, resell, share, or sublicense purchased marketplace content.

6.3 Content Creator Terms

If you publish content on the Ekkul marketplace as an instructor or content creator, you represent and warrant that:

• You own or have the necessary rights and licenses to publish the content.
• The content does not infringe on any third-party intellectual property, privacy, or other rights.
• The content is accurate, educational in nature, and does not contain harmful, misleading, or inappropriate material.
• You grant Ekkul a non-exclusive, worldwide, royalty-free license to host, display, distribute, and promote your content on the platform.

Revenue sharing terms for marketplace sales will be governed by a separate Content Creator Agreement, which will be provided to you upon enrollment as a marketplace creator. Ekkul reserves the right to remove any marketplace content that violates these Terms or our content guidelines.

7. Study Groups & Community Features

7.1 Study Groups

Ekkul provides study group features that allow users to collaborate, share posts, participate in polls and quizzes, discuss topics, and track group progress. Study groups may be created by any user, and group owners and administrators have the ability to manage members and moderate content within their groups.

7.2 Community Guidelines

When participating in study groups and other community features, you agree to:

• Treat all members with respect and courtesy, regardless of their background, skill level, or opinions.
• Post only content that is relevant to the group's educational purpose.
• Not share or solicit personal contact information, social media accounts, or other private information of other users.
• Not engage in bullying, harassment, hate speech, discrimination, or any form of intimidation.
• Not post spam, advertisements, promotional content, or solicitations unrelated to educational purposes.
• Not share copyrighted material, exam questions from official testing bodies, or other content you do not have the right to share.
• Report any inappropriate behavior or content to group administrators or to Ekkul directly.

7.3 Group Moderation

Group owners and administrators are responsible for moderating content and managing members within their groups. Ekkul may, but is not obligated to, monitor group activity and reserves the right to remove content, restrict access, or disband groups that violate these Terms or our community guidelines. Ekkul is not responsible for user-generated content posted within study groups.

8. User Content

The Service allows you to create, upload, and share content, including custom questions, model sets, learning paths, study group posts, comments, flashcards, notes, canvas drawings, and other educational materials ("User Content").

8.1 Ownership

You retain ownership of the User Content you create. By submitting User Content to the Service, you grant Ekkul a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, distribute, and display your User Content solely for the purpose of operating, improving, and promoting the Service. This license continues even if you stop using the Service, but only for content that has been shared publicly or with other users.

8.2 Responsibility

You are solely responsible for the User Content you submit. You represent and warrant that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party, and does not violate any applicable law or regulation. Ekkul reserves the right to remove any User Content that violates these Terms or that we deem inappropriate at our sole discretion.

8.3 Content Moderation

Ekkul may review, moderate, or remove User Content at any time and for any reason, including but not limited to content that violates these Terms, is inaccurate, or is otherwise objectionable. We are not obligated to monitor all User Content but reserve the right to do so. Users who repeatedly violate content guidelines may have their accounts suspended or terminated.

8.4 Feedback

If you provide Ekkul with any feedback, suggestions, or improvement ideas regarding the Service ("Feedback"), you grant Ekkul an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

9. Intellectual Property

The Service, including its design, text, graphics, logos, icons, images, audio, software, AI models, algorithms, question databases, learning path structures, and all other content and materials (excluding User Content), are the property of Ekkul or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes, subject to these Terms. You may not:

• Copy, reproduce, distribute, modify, or create derivative works from any content from the Service without prior written permission from Ekkul.
• Decompile, reverse-engineer, or disassemble any software or technology used in the Service.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.
• Use the Ekkul name, logo, or branding without prior written authorization.
• Frame or mirror any part of the Service without our express written consent.

10. Prohibited Conduct

When using the Service, you agree not to:

• Violate any applicable local, state, national, or international law or regulation.
• Use the Service for any fraudulent, deceptive, or illegal purpose.
• Interfere with or disrupt the integrity or performance of the Service, its servers, or connected networks.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or computer systems or networks connected to the Service.
• Scrape, crawl, or use any automated means (bots, scripts, spiders) to access or collect data from the Service without our express written consent.
• Share your account credentials with others or allow others to access the Service through your account.
• Create multiple accounts to circumvent usage limits, bans, or restrictions.
• Upload or transmit viruses, malware, or any other malicious code.
• Harass, bully, threaten, or intimidate other users of the Service.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Use the Service to cheat on official exams or assessments administered by educational institutions or certification bodies.
• Reproduce, redistribute, or commercially exploit exam questions, model sets, learning paths, flashcards, or other proprietary content from the platform.
• Manipulate leaderboard rankings, challenge scores, or other competitive features through artificial or fraudulent means.
• Circumvent or attempt to circumvent any rate limiting, credit system, subscription restrictions, or other access controls.

11. Data Export & Account Portability

You may request an export of your personal data, including your profile information, test results, study progress, and other account data, at any time by contacting us at legal@ekkul.com. We will provide your data in a commonly used, machine-readable format within 30 days of receiving your request.

Please note that certain data may not be exportable, including AI-generated content, cached responses, or content owned by third parties (such as purchased marketplace content). Data exports do not include the right to use Ekkul's proprietary systems, algorithms, or software.

12. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to:

• Stripe: For payment processing and subscription management.
• OpenAI: For AI-powered features including chat, content generation, and text-to-speech.
• Anthropic (Claude): For AI-powered content generation and analysis.
• ElevenLabs: For advanced text-to-speech voice generation.
• Neon: For database hosting and authentication services.
• Convex: For real-time data synchronization and backend services.

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services. If a third-party service becomes unavailable, certain features of the Service may be temporarily or permanently affected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EKKUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Service.
• Any conduct or content of any third party on the Service, including study group interactions.
• Any content obtained from the Service, including AI-generated content, study plans, and exam simulations.
• Unauthorized access, use, or alteration of your transmissions or content.
• Errors, inaccuracies, or omissions in exam questions, study materials, flashcards, or AI-generated content.
• Any exam outcomes, academic results, or certification decisions related to your use of the Service.
• Loss of purchased credits, voice characters, or other virtual goods due to technical issues.
• Unavailability or disruption of third-party services integrated with the platform.

IN NO EVENT SHALL EKKUL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO EKKUL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, EKKUL DOES NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from using the Service will be accurate, reliable, or complete.
• AI-generated content, study plans, or predictive scores will guarantee any particular exam outcome.
• Any errors in the Service will be corrected.
• The Service will meet your specific requirements or expectations.

You acknowledge that the Service is an educational tool and supplement, not a replacement for formal education, professional tutoring, or official exam preparation courses. Ekkul makes no guarantees regarding exam performance, scores, or outcomes.

15. Indemnification

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

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of a third party, including intellectual property rights.
• Any User Content you submit, post, or otherwise make available through the Service.
• Your interactions with other users in study groups or other community features.
• Any content you publish on the Ekkul marketplace.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us at legal@ekkul.com. We will attempt to resolve the dispute informally within 60 days of receiving your notice. During this period, neither party shall initiate formal legal proceedings.

17.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Ekkul agree to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall be conducted in the English language.

17.3 Class Action Waiver

YOU AND EKKUL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Ekkul agree otherwise, the arbitrator may not consolidate or join more than one person's claims and may not preside over any form of a representative or class proceeding.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Small claims court actions are also exempt from the arbitration requirement.

18. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violations of these Terms or community guidelines.
• Fraudulent, abusive, or illegal activity.
• Extended periods of inactivity (exceeding 12 months).
• Requests by law enforcement or government agencies.
• Repeated violations of intellectual property rights.
• Manipulation of leaderboard rankings or competitive features.

You may terminate your account at any time by contacting us or through your account settings. Upon termination:

• Your right to access and use the Service will immediately cease.
• Any unused AI credits, voice characters, or remaining subscription time will be forfeited.
• Your purchased credits (non-daily) will be forfeited and are non-refundable.
• You may request a copy of your personal data before termination by contacting us at legal@ekkul.com.
• We may retain certain information as required by law or for legitimate business purposes, including fraud prevention and compliance with legal obligations.
• Content you have shared publicly or with other users (e.g., study group posts, marketplace content) may remain on the platform after your account is terminated.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

19. Accessibility

Ekkul is committed to making the Service accessible to all users, including those with disabilities. We strive to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter any accessibility barriers while using the Service, please contact us at legal@ekkul.com so we can work to address the issue.

20. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, providing additional notice (such as an in-app notification, email, or prominent banner on the platform). Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms.

We encourage you to periodically review these Terms to stay informed about our requirements and any changes. If you do not agree to the modified Terms, you must stop using the Service and terminate your account. Material changes will take effect no sooner than 30 days after notice is provided, except where changes are required by law or relate to new features or services.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Ekkul on the Service, constitute the entire agreement between you and Ekkul regarding the use of the Service.

21.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

21.3 Waiver

The failure of Ekkul to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ekkul.

21.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. Ekkul may assign or transfer these Terms without restriction.

21.5 Force Majeure

Ekkul shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, pandemics, or third-party service provider failures.

22. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service or the Ekkul platform, please contact us:

• Email: legal@ekkul.com
• Support: support@ekkul.com
• Company: Ekkul
• Jurisdiction: State of Delaware, United States of America