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, applications, AI-powered 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.

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. 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. Ekkul shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3. Subscription Plans & Payments

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

3.1 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.

3.2 Billing Cycles

Subscriptions are billed on a recurring basis according to the billing cycle you select (monthly or yearly). 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.

3.3 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.

3.4 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), or consumed AI credits.

3.5 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. Your continued use of the Service after the price change takes effect constitutes your agreement to the new pricing.

4. AI Features & Usage

Ekkul provides AI-powered features to enhance your learning experience, including but not limited to study plans, performance analysis, concept explanations, GuruG AI chat, exam simulations, and text-to-speech capabilities.

4.1 Credit System

AI features operate on a credit-based system. Each subscription tier includes a daily allocation of AI credits. Different features consume different amounts of credits (for example, sending a chat message costs 1 credit, while generating an exam simulation costs 5 credits). Credits reset daily and do not roll over to the next day. Additional credits beyond your daily allocation are not available for separate purchase at this time.

4.2 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, or otherwise objectionable.
• Attempt to manipulate, reverse-engineer, or extract the underlying AI models, prompts, or algorithms.
• Use AI features for any purpose unrelated to exam preparation and educational use on the Ekkul platform.
• Automate or script interactions with AI features to circumvent credit limits or rate limiting.
• Redistribute, resell, or commercially exploit AI-generated content outside of the platform.

4.3 AI-Generated Content Disclaimer

AI-generated content, including but not limited to study plans, performance analyses, concept explanations, chat responses, and exam simulations, 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. User Content

The Service allows you to create, upload, and share content, including custom questions, model sets, and other educational materials ("User Content").

5.1 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, distribute, and display your User Content solely for the purpose of operating, improving, and promoting the Service.

5.2 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.

5.3 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.

6. Intellectual Property

The Service, including its design, text, graphics, logos, icons, images, audio, software, AI models, question databases, and all other content and materials (excluding User Content), are the property of Ekkul or its licensors and are protected by copyright, trademark, 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, create derivative works from, publicly display, or otherwise exploit any content from the Service without prior written permission from Ekkul.

7. 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 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.
• 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 or redistribute exam questions, model sets, or other proprietary content from the platform.

8. 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.
• Any content obtained from the Service, including AI-generated content.
• Unauthorized access, use, or alteration of your transmissions or content.
• Errors, inaccuracies, or omissions in exam questions, study materials, or AI-generated content.
• Any exam outcomes or academic results related to your use of the Service.

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.

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.

9. 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.

10. 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.

11. Dispute Resolution

11.1 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.

11.2 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. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 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.

12. 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, fraudulent activity, extended periods of inactivity, or requests by law enforcement.

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 or remaining subscription time will be forfeited.
• We may retain certain information as required by law or for legitimate business purposes, including fraud prevention and compliance with legal obligations.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.

13. 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 or email). 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.

14. 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
• Company: Ekkul
• Jurisdiction: State of Delaware, United States of America