
11. Disclaimers and Limitation of Liability
The Services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee that any content is 100% accurate, complete, or up to date; that the content reflects the original author's intent; or that your use of the app will lead to any specific learning outcome.
You are solely responsible for how you interpret and apply the information presented in the app.
Service Availability
We strive to provide reliable access to the Services, but we do not guarantee that the Services will be available at all times or without interruption. The Services may be temporarily unavailable due to maintenance, updates, technical issues, outages, or circumstances beyond our control. While we will use commercially reasonable efforts to restore access promptly, we make no guarantees regarding uptime, availability, or response times. You acknowledge that occasional interruptions may occur and agree that we shall not be liable for any loss, damage, or inconvenience caused by any downtime or service interruption.
We do not offer service level agreements (SLAs), uptime guarantees, or credits for service interruptions. Your sole remedy for dissatisfaction with the Services is to stop using the Services and, if applicable, cancel your subscription.
Internet Connectivity
The Services require an active internet connection to function. We are not responsible for any inability to access or use the Services due to issues with your internet service provider, mobile carrier, device, or network connectivity. Features, content, and functionality may be limited or unavailable without a reliable internet connection.
Assumption of Risk
By using Loxie, you acknowledge and agree that you assume full responsibility for any actions you take based on information obtained through the Services. This includes, without limitation, decisions related to health, fitness, nutrition, finances, relationships, career, parenting, or any other area of life. Loxie provides educational reinforcement tools only—the decision to apply any concept, strategy, or recommendation is yours alone, and you assume all risks associated with such application.
No Professional Advice
Loxie provides educational content only. Nothing in the Services constitutes professional advice of any kind, including but not limited to medical, health, fitness, nutritional, psychological, legal, financial, or investment advice. We are not licensed professionals in any of these fields, and our content should never be used as a substitute for consultation with qualified professionals.
Health and Medical Disclaimer
Loxie includes educational content related to health, fitness, exercise, nutrition, and wellness topics. This content is provided for informational and educational purposes only and is NOT intended to: diagnose, treat, cure, or prevent any disease or medical condition; replace the advice of a physician, healthcare provider, or qualified medical professional; or serve as a basis for health-related decisions without consulting a doctor.
IMPORTANT: ALWAYS CONSULT YOUR PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM, CHANGING YOUR DIET, TAKING SUPPLEMENTS, OR MAKING ANY HEALTH-RELATED CHANGES—ESPECIALLY IF YOU HAVE EXISTING HEALTH CONDITIONS, TAKE MEDICATIONS, OR ARE PREGNANT OR NURSING.
You assume full responsibility for how you use and apply health-related information from Loxie. We expressly disclaim any liability for injuries, health complications, or adverse effects resulting from your reliance on content within the Services.
Financial Disclaimer
Loxie includes educational content related to personal finance, investing, budgeting, and money management. This content is for general educational purposes only and does not constitute financial, investment, tax, or legal advice. We are not licensed financial advisors, accountants, or attorneys. Before making financial decisions, consult with a qualified financial professional who can evaluate your individual circumstances.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMANDIN HOLDINGS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Subject to the arbitration provisions in Section 13, any disputes arising under these Terms that are not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware.13. Dispute Resolution and Arbitration
Informal Resolution First
Before initiating any formal proceeding, you agree to contact us at [email protected] to attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed to binding arbitration.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in the English language in the State of Delaware. The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
YOU AND LOXIE AGREE THAT EACH 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 Loxie agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdictional limits; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
Opt-Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Loxie may pursue claims in court.14. Termination
We may suspend or terminate your access to Loxie at our sole discretion, including for violations of these Terms. You may delete your account at any time in the app settings.
Effect of Termination
Upon termination of your account or access to the Services: (a) your license to use the Services immediately terminates; (b) you must cease all use of the Services; and (c) certain provisions of these Terms will survive as set forth in the Survival section.
Refunds Upon Termination
If we terminate your account for violation of these Terms, you will not be entitled to any refund of subscription fees. If you voluntarily delete your account or cancel your subscription, refunds are handled according to the policies of the platform through which you subscribed (Apple App Store or Google Play). If we terminate your account without cause, we may, at our sole discretion, provide a pro-rata refund of any prepaid subscription fees.
Account Inactivity
Loxie is a spaced repetition learning platform, and consistent engagement is essential for effective knowledge retention. If your account is inactive for an extended period, we reserve the right to delete your learning history, progress data, and personalized content after 60 days of inactivity. This helps us manage storage resources and reflects the reality that spaced repetition benefits are significantly diminished after extended gaps in practice.
We may also terminate or suspend accounts that have been inactive for 24 months or more. Before terminating an account for inactivity, we will attempt to notify you at the email address associated with your account. You can prevent data deletion or account termination by logging in to your account and engaging with the Services.15. Indemnification
You agree to indemnify, defend, and hold harmless Emandin Holdings LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any actions you take based on information or content obtained through the Services, including but not limited to health, financial, or lifestyle decisions.16. Modifications to the Services
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. This includes adding or removing features, content, books, topics, or functionality. We may also impose limits on certain features or restrict access to parts of the Services. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We may restrict or prohibit access to the Services in certain countries or regions at our sole discretion, including to comply with applicable laws, regulations, or sanctions.17. Data Retention and Account Deletion
Upon deletion of your account, we will delete or anonymize your personal data within 90 days, except as required to comply with legal obligations, resolve disputes, or enforce our agreements. Aggregated, anonymized data that cannot be used to identify you may be retained indefinitely for analytics and service improvement purposes. Your learning progress and activity data may be retained in anonymized form to improve our algorithms and content.
18. Feedback and Testimonials
If you provide us with any feedback, suggestions, ideas, or comments regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such Feedback into the Services and our marketing materials without any obligation, attribution, or compensation to you.
If you provide a review, testimonial, or public comment about Loxie (whether through the app, app stores, social media, email, or any other channel), you grant us permission to use, reproduce, edit, and display such content for promotional and marketing purposes, including on our website, in advertisements, and in other marketing materials. We may use your first name, last initial, and general location (e.g., "Sarah T., Austin") in connection with such testimonials unless you request otherwise.
You represent that any Feedback or testimonial you provide is your own original work and does not violate any third party's rights.19. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, cyberattacks, power outages, or any other similar cause.20. Additional Rights for International Users
If you are located in the European Economic Area ("EEA"), United Kingdom, or Switzerland, you have certain additional rights under the General Data Protection Regulation ("GDPR") and similar laws.
Legal Basis for Processing
We process your personal data based on: (a) the performance of our contract with you (providing the Services); (b) your consent (where applicable); and (c) our legitimate interests in operating, improving, and promoting the Services, provided those interests do not override your fundamental rights.
Your Rights
Subject to applicable law, you have the right to: (a) access the personal data we hold about you; (b) request correction of inaccurate data; (c) request deletion of your data; (d) object to or request restriction of processing; (e) request portability of your data; and (f) withdraw consent at any time where processing is based on consent. To exercise these rights, contact us at [email protected].
International Data Transfers
Your personal data may be transferred to and processed in the United States, where our servers and operations are located. By using the Services, you acknowledge that your data may be transferred outside the EEA to countries that may not provide the same level of data protection. We implement appropriate safeguards to protect your data during such transfers.
Complaints
If you believe we have violated your data protection rights, you have the right to lodge a complaint with your local data protection supervisory authority.
Additional Rights for California Residents
If you are a California resident, you have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"), including the right to: (a) know what personal information we collect, use, disclose, and sell; (b) request deletion of your personal information; (c) opt out of the sale or sharing of your personal information (we do not sell personal information); (d) correct inaccurate personal information; and (e) not be discriminated against for exercising your privacy rights. To exercise these rights, contact us at [email protected]. We may need to verify your identity before fulfilling your request.
We honor user-enabled global privacy controls, such as the Global Privacy Control (GPC) signal. When we detect such a signal from your browser or device, we will treat it as a valid opt-out request for the sale or sharing of your personal information.21. Changes to These Terms
We may update these Terms at any time. When we make changes, we will notify you by posting the updated Terms within the app, on our website, and/or by sending you an email or in-app notification. For material changes, we will provide notice before they take effect where reasonably practicable.
In some cases, we may require you to affirmatively accept the updated Terms before continuing to use the Services. If we do not require affirmative acceptance, your continued access to or use of the Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and, if applicable, cancel your subscription.
The most current version of these Terms will always be available on our website and within the app.22. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.23. General Provisions
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Emandin Holdings LLC regarding your use of the Services. These Terms supersede any prior agreements or understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms shall not be deemed 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 Emandin Holdings LLC.
Except as expressly provided in Section 26 (Apple App Store Terms) and Section 27 (Google Play Terms), these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The section titles and headings in these Terms are for convenience only and have no legal or contractual effect and shall not affect the interpretation of these Terms.
Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, agency, or employment relationship between you and Emandin Holdings LLC. You have no authority to bind us or incur obligations on our behalf.24. Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.25. Survival
The following sections shall survive any termination or expiration of these Terms or your use of the Services: Intellectual Property and Content (Section 5), Ownership of AI-Generated Content (Section 10), Disclaimers and Limitation of Liability (Section 11), Dispute Resolution and Arbitration (Section 13), Termination (Section 14), Indemnification (Section 15), Data Retention (Section 17), Feedback and Testimonials (Section 18), Severability (Section 22), General Provisions (Section 23), this Survival section (Section 25), Time Limitation on Claims (Section 28), Export Compliance (Section 29), Intellectual Property and Copyright Concerns (Section 30), and any other provisions that by their nature should survive termination.26. Apple App Store Terms
If you downloaded Loxie from the Apple App Store, the following additional terms apply:
(a) These Terms are between you and Emandin Holdings LLC only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Services or their content.
(b) Apple has no obligation to provide any maintenance or support services for the Services.
(c) If the Services fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Services.
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including product liability claims, claims that the Services fail to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
(e) In the event of any third-party claim that the Services or your use of the Services infringes a third party's intellectual property rights, Emandin Holdings LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(f) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.
(h) You must comply with all applicable third-party terms of agreement when using the Services (e.g., your wireless data service agreement).27. Google Play Terms
If you downloaded Loxie from the Google Play Store, the following additional terms apply:
(a) These Terms are between you and Emandin Holdings LLC only, and not with Google LLC ("Google"). Google is not responsible for the Services or their content.
(b) Google has no obligation to provide any maintenance or support services for the Services.
(c) Google is not responsible for addressing any claims by you or any third party relating to the Services, including product liability claims, claims that the Services fail to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
(d) In the event of any third-party claim that the Services or your use of the Services infringes a third party's intellectual property rights, Emandin Holdings LLC, not Google, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(e) You must comply with Google Play's Terms of Service when using the Services.28. Time Limitation on Claims
Any claim arising out of or related to these Terms or your use of the Services must be filed within one (1) year after the claim arose, or such claim is permanently barred. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise. This provision does not apply to the extent prohibited by applicable law.29. Export Compliance
The Services may be subject to U.S. export control laws and regulations. By using the Services, you represent and warrant that: (a) you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country; (b) you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will not use the Services in violation of any applicable export or import laws or regulations. We reserve the right to restrict or terminate access from any jurisdiction at our sole discretion.30. Intellectual Property and Copyright Concerns
Our Commitment
Loxie creates original, AI-generated educational content designed to help users retain and apply concepts from books and educational topics. Our content is transformative in nature—we do not reproduce, copy, or summarize books, but rather create original questions, explanations, and learning materials that reinforce ideas and promote knowledge retention. We believe this educational use complements original works and actively encourage users to purchase the books we feature through affiliate links.
Loxie is committed to respecting intellectual property rights and supporting the author and publisher community.
If You Have Concerns
If you are an author, publisher, or rights holder and have questions or concerns about how your work is represented in Loxie, we welcome the opportunity to discuss. Please contact us at [email protected]. We review all inquiries in good faith and are open to collaboration, licensing arrangements, or content modifications where appropriate.
Formal Intellectual Property Complaints
If you believe that content available through the Services infringes your intellectual property rights, you may submit a formal complaint by providing us with the following information in writing: (a) your name, address, telephone number, and email address; (b) identification of the copyrighted work or other intellectual property you claim has been infringed; (c) a specific description of the content you believe is infringing and where it appears in our Services (e.g., book title, specific questions or content); (d) an explanation of how the identified content infringes your rights; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your complaint is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.
Submit complaints to: Emandin Holdings LLC, Attn: Intellectual Property Concerns, 800 N King Street, Suite 304 #2257, Wilmington, DE 19801, or by email to [email protected].
Our Review Process
Upon receipt of a valid complaint, we will review the claim and the content at issue. We will respond to the complainant within a reasonable timeframe. Depending on our review, we may: (a) remove or modify the content if we determine it infringes valid intellectual property rights; (b) decline to remove the content if we determine in good faith that the content does not infringe or constitutes fair use under applicable law; or (c) propose alternative resolutions, such as enhanced attribution, modifications, or partnership arrangements.
We reserve the right to defend our content and assert our rights under applicable law, including the fair use doctrine under 17 U.S.C. § 107.
Misrepresentation
Please note that submitting false or misleading information in an intellectual property complaint may result in liability for damages, including costs and attorneys' fees incurred in responding to the complaint.31. California Residents
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:
The provider of the Services is Emandin Holdings LLC, located at 800 N King Street, Suite 304 #2257, Wilmington, DE 19801. Email: [email protected].
Charges for the Services vary based on the subscription plan selected. Current pricing is available within the Apps and on our Website.
If you have a complaint regarding the Services or wish to request further information about use of the Services, please contact us at [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.32. Language
These Terms were originally written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
33. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
[email protected]
Emandin Holdings LLC
800 N King Street, Suite 304 #2257
Wilmington, DE 19801
Thank you for using Loxie to make your learning stick.