Terms of Service

1. Agreement to Terms

Welcome to MakeSense. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and MakeSense ("we," "us," or "our") governing your access to and use of the MakeSense platform, including our website at makesense.dev and related domains, mobile applications, and all associated services (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

2. Description of Service

MakeSense is an AI-powered personalized learning platform that enables users to create customized educational courses through conversational interaction with artificial intelligence. The Service includes:

• Course Creation: AI-assisted generation of personalized courses based on your learning goals, background, and preferences
• Interactive Learning: Structured lessons with various assessment types including quizzes, exercises, and coding activities
• AI Tutoring: Real-time question answering and explanations powered by artificial intelligence
• Voice Assessment: Optional voice-based assessment sessions that evaluate your understanding and communication of concepts through real-time conversation with an AI tutor
• Learning Personalization: An adaptive learning profile that analyzes your performance, engagement patterns, and preferences to tailor content delivery, pacing, and difficulty to your individual learning style
• Progress Tracking: Monitoring of your learning journey and performance analytics
• Personalized Content: Adaptive reinforcement materials, learning aids, and AI-generated exams based on your performance and identified areas for improvement
• Slideshow Presentations: AI-generated interactive slideshows with narration and images to provide visual learning experiences
• Audio Features: Text-to-speech narration and pronunciation audio for supported languages

3. Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must be at least 13 years old (or 16 years old if you reside in the European Economic Area). If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms and that your use of the Service does not violate any applicable law or regulation.

3.2 Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Security

You are responsible for safeguarding your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4. Subscription and Payments

4.1 Subscription Plans

The Service is offered through paid subscription plans. Current pricing is available on our pricing page. Subscription plans may be offered on a monthly or annual basis.

4.2 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By subscribing, you authorize us to charge your payment method through Stripe for the subscription fees. You agree to provide current, complete, and accurate billing information.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription rate at renewal.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe billing portal. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will retain access to the Service until your subscription expires
• No refunds will be provided for partial billing periods
• Your account and data will be retained but access to premium features will be suspended

4.5 Refund Policy

All sales are final. We do not offer refunds for subscription payments, except as required by applicable law or at our sole discretion. If you believe you are entitled to a refund due to technical issues preventing access to the Service, please contact us at hello@ideasmakesense.com within 7 days of the charge.

4.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply upon renewal. We will provide reasonable notice of price changes before they take effect.

4.7 Promotional Codes

Promotional codes are subject to specific terms and conditions communicated at the time of issuance. Promotional codes cannot be combined, transferred, or redeemed for cash. We reserve the right to modify or cancel promotional offers at any time.

4.8 Usage Limits

Your subscription includes the following monthly usage limits:

• Courses: Up to 4 new courses per billing period
• Lessons: Up to 60 lesson generations per billing period

Usage limits reset at the start of each billing period (monthly or annually, based on your subscription plan). Regenerating existing lesson content does not count toward your lesson limit. If you exceed your usage limits, you will need to wait until your next billing period to create additional courses or lessons. We reserve the right to modify these limits with reasonable notice.

5. User Conduct and Prohibited Uses

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Activities

• Violate any applicable law, regulation, or third-party rights
• Use the Service to generate, store, or transmit unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the Service, servers, or networks
• Use automated systems, bots, or scripts to access the Service without our express permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to develop competing products or services
• Resell, sublicense, or commercially exploit the Service without authorization
• Share your account credentials with others or allow multiple users to access a single account

5.2 AI and Voice Interaction Guidelines

When interacting with AI features, including text-based and voice-based interactions, you agree not to:

• Attempt to manipulate or "jailbreak" AI systems to bypass safety measures
• Generate content that promotes violence, discrimination, or illegal activities
• Use AI features to create content that infringes on others' intellectual property
• Submit prompts designed to extract harmful, misleading, or inappropriate content
• Use voice assessment features to record or transmit third-party voices without their consent
• Attempt to abuse or overload voice assessment sessions beyond their intended educational purpose

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by MakeSense and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

6.2 License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes.

6.3 User-Generated Content

You retain ownership of any content you submit to the Service, including your course planning inputs and questions to the AI tutor ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and process your User Content solely for the purpose of providing and improving the Service.

6.4 AI-Generated Content

Content generated by our AI systems in response to your inputs ("Generated Content"), including courses, lessons, and explanations, is provided for your personal educational use. You may use Generated Content for personal learning purposes. However:

• Generated Content may not be republished, sold, or commercially exploited without our permission
• We do not guarantee the accuracy, completeness, or suitability of Generated Content
• Generated Content is created specifically for you and may not be appropriate for redistribution
• You acknowledge that similar prompts may generate similar content for different users

6.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

7. Disclaimers and Limitations

7.1 Service Provided "As Is"

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, TITLE, AND NON-INFRINGEMENT.

7.2 AI and Educational Content Disclaimer

IMPORTANT: The Service uses artificial intelligence to generate educational content. While we strive for accuracy:

• AI-generated content may contain errors, inaccuracies, or omissions
• The Service is not a substitute for professional instruction, certification, or formal education
• Content should not be relied upon for professional, medical, legal, financial, or safety-critical applications
• We do not guarantee that content meets any particular educational standards or accreditation requirements
• Voice assessment results and learning profile insights are approximations and should not be treated as definitive evaluations of your abilities
• You are responsible for independently verifying any information critical to your needs

7.3 No Professional Advice

The Service provides general educational content and is not intended to provide professional advice of any kind. If you require professional advice, you should consult with an appropriate licensed professional.

7.4 Third-Party Services

The Service integrates with third-party services (including AI providers, payment processors, and others). We are not responsible for the availability, accuracy, or content of these third-party services, nor for any damage or loss caused by your use of or reliance on them.

7.5 Service Availability

We do not guarantee that the Service will be available at all times or without interruption. We may modify, suspend, or discontinue the Service (or any part thereof) at any time without notice or liability.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAKESENSE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• 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, MISTAKES, OR INACCURACIES IN AI-GENERATED CONTENT
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless MakeSense and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any User Content you submit to the Service
• Your use or misuse of AI-generated content

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at hello@ideasmakesense.com. Canceling your subscription does not automatically delete your account; you must explicitly request account deletion.

10.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• Any provisions of these Terms that by their nature should survive termination shall survive

10.3 Effect of Termination

Upon termination, you will lose access to any content associated with your account, including Generated Content and learning progress. We are not obligated to retain or provide you with copies of any content after termination.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before filing a formal dispute, you agree to try to resolve the dispute informally by contacting us at hello@ideasmakesense.com. We will try to resolve the dispute informally within 60 days.

11.3 Arbitration Agreement

If we cannot resolve a dispute informally, you and MakeSense agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

11.4 Class Action Waiver

YOU AND MAKESENSE 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 OR REPRESENTATIVE PROCEEDING.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MakeSense regarding the Service and supersede all prior agreements and understandings. Our Privacy Policy describes in detail how we collect, use, and protect your data, including voice assessment data and learning profile information.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or internet service provider failures.

12.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at hello@ideasmakesense.com.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

By using MakeSense, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.