Terms of Service

1. Acceptance of Terms

By accessing or using opensketch ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

You must be at least 16 years old to use opensketch. By using the Service, you represent that you have the legal capacity to enter into this agreement.

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes via email or in-app notification. Continued use of the Service after such notice constitutes acceptance of the updated Terms.

2. Description of Service

opensketch is an AI-powered platform that generates visual mnemonics for medical education. The Service includes:

• Free tier: Browse the public library, save favorites, and view visual dictionaries.
• Paid tier: Generate custom AI-powered visual mnemonics, annotate images, and access advanced features.

Generation uses a credit-based system. Credit allocations and pricing are described on our pricing page.

3. Educational Purpose & Medical Disclaimer

opensketch generates AI-powered visual learning aids for educational and study purposes only. The content provided through the Service:

1. Does not constitute medical advice, diagnosis, or treatment recommendations;
2. Is not intended to replace medical textbooks, faculty instruction, or clinical training;
3. May contain AI-generated inaccuracies, simplifications, or errors;
4. Should not be relied upon for clinical decision-making or patient care;
5. Is intended solely as a supplementary study aid for exam preparation and conceptual review.

The founder's medical degree does not establish a doctor-patient relationship with users of this Service.

4. Account Registration & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

5. Subscription, Billing & Credits

All payments are processed by Lemon Squeezy (a Stripe company), acting as Merchant of Record. Lemon Squeezy handles billing, invoicing, tax compliance, and refunds on our behalf.

Refunds are handled by Lemon Squeezy per their terms and applicable consumer protection laws. EU/UK customers have a statutory 14-day cooling-off period for new subscriptions.

6. Intellectual Property & Content Ownership

You are granted a non-exclusive, non-transferable, revocable license to use AI-generated mnemonics for personal educational purposes. You acknowledge that:

1. AI-generated content may not be eligible for copyright protection;
2. opensketch or Google may generate similar content for other users;
3. opensketch retains a perpetual license to display generated content in the public library (de-identified);
4. Google's Gemini API terms apply to the underlying AI generation.

7. Acceptable Use Policy

You agree not to:

• Use opensketch content for clinical decision-making or patient care;
• Redistribute, resell, or create competing products from generated content;
• Scrape, crawl, or bulk-download content from the platform;
• Share account credentials or use automated bots to access the Service;
• Provide medical advice to third parties based on opensketch content.

8. AI-Generated Content Transparency

All visual mnemonics and related text on opensketch are generated with the assistance of artificial intelligence (Google Gemini). Content is labeled accordingly in compliance with the EU AI Act (Article 50). While our medical education team reviews content for quality, AI-generated material may contain errors.

9. Privacy & Data Protection

Your use of opensketch is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in compliance with GDPR, UK GDPR, Israeli Privacy Protection Law, and other applicable regulations.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

1. Total aggregate liability is capped at fees paid in the preceding 12 months.
2. We are not liable for indirect, incidental, special, or consequential damages.
3. We are not liable for: clinical reliance on content, medical inaccuracies, exam results, or service interruptions.

Nothing in these Terms excludes liability for death or personal injury from negligence, fraud, or any liability that cannot be excluded by applicable law.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the content is accurate, complete, reliable, or current.

12. Indemnification

You agree to indemnify and hold harmless opensketch, its founders, employees, and affiliates from any claims, damages, or expenses arising from your misuse of the Service, including clinical reliance on content or violation of these Terms.

13. Account Termination

You may delete your account at any time. Upon deletion, you will have a 30-day window to export your data. Content previously published to the public library will remain available in de-identified form. We will provide at least 60 days' notice before discontinuing the Service entirely.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Israel. We encourage informal resolution first (30-day good-faith negotiation period). Formal disputes shall be resolved in the courts of Tel Aviv-Yafo, Israel.

EU consumers: Your statutory rights under EU consumer law are preserved. The EU Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.

UK consumers: Your statutory rights under UK consumer law are preserved.

15. General Provisions

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement between you and opensketch regarding the Service. Our failure to enforce any right or provision does not constitute a waiver. We may assign our rights and obligations under these Terms without notice.

16. Changes to Terms

We will provide at least 30 days' notice for material changes to these Terms via email and in-app notification. Continued use of the Service after the notice period constitutes acceptance of the revised Terms.