Terms of Use

These Terms of Use (“Terms”) establish the terms and conditions under which users may access and use StudyMerge’s website and services (collectively, the “Services”). By accessing or using the Services, users agree to be bound by these Terms. If users do not agree to these Terms, they should not use the Services. These Terms govern the use of the Services, including any content, features, or functionality offered through them. Users are advised to review these Terms carefully before using the Services. Their use of the Services constitutes acceptance of and agreement to be bound by these Terms.

1. User Accounts
   • Registration:

Users must create an account to access certain features of the Services. They agree to provide accurate and complete information when creating an account. Users can create a free account, after which they can purchase a package. The package allows them to use the Services until the number of documents included in the package is exhausted.

• Account Security:

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. StudyMerge does not use users’ account information for any purpose other than providing the Services to them and to receive offers and discounts from StudyMerge.

• Termination of Accounts:

StudyMerge reserves the right to suspend or terminate user accounts at any time without notice if users violate these Terms. Additionally, users can request to have their accounts deleted by contacting customer support.

2. Use of Services
   • Permitted Use:

Users may use the Services for their personal, non-commercial use in accordance with these Terms. Their purchase of a subscription or package is non-exclusive, meaning that StudyMerge reserves the right to offer the same or similar packages to other users. This allows StudyMerge to provide a wide range of options and services to all users. Additionally, the content available through the Services is for users’ personal use only and may not be resold or distributed without prior written consent from StudyMerge.

• Prohibited Use:

Users may not use the Services in any manner that violates applicable laws or regulations or infringes on the rights of others. Users must also adhere to the regulations of their respective universities or institutions regarding the use of study materials. Any resale, distribution, or sharing of materials obtained through the Services is strictly prohibited without prior written consent from StudyMerge. Violation of these terms may result in the suspension or termination of user accounts.

• Compliance with Laws:

Users agree to comply with all applicable laws and regulations in their use of the Services. This includes, but is not limited to, laws regarding intellectual property rights, privacy, and data protection. Users are solely responsible for ensuring that their use of the Services complies with these laws and regulations. StudyMerge reserves the right to investigate and take appropriate action against any violations, including the suspension or termination of user accounts. By using the Services, users acknowledge that StudyMerge is not responsible for their compliance with any laws or regulations outside the scope of its services.

3. Intellectual Property
   • Ownership of Content:

StudyMerge retains all rights, title, and interest in and to the Services, including all content, software, and materials provided through the Services. This includes, but is not limited to, text, graphics, logos, images, audio clips, digital downloads, and data compilations. Users may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any of the content or materials on the Services without prior written permission from StudyMerge. Any unauthorized use of the Services or its content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

• License to Use Content:

StudyMerge grants users a limited, non-exclusive, non-transferable license to access and use the content provided through the Services for their personal, non-commercial use. This license does not permit users to resell or make any commercial use of the Services or its content. Users may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any of the content or materials on the Services without prior written permission from StudyMerge. This license is revocable at any time without notice and does not transfer any ownership rights to users.

• Copyright Infringement Policy:

StudyMerge respects the intellectual property rights of others and expects users to do the same. If users believe that their copyright has been infringed, they can contact StudyMerge. For more information on how to report copyright infringement, users can refer to StudyMerge’s DMCA (Digital Millennium Copyright Act) page.

4. User Content
   • Responsibility for User Content:

Users are solely responsible for any content that they upload, post, or otherwise make available through the Services. This includes ensuring that their content complies with these Terms and does not infringe on the rights of others. Users also agree not to upload or share any content that is unlawful, defamatory, or violates the privacy or publicity rights of others. By uploading or sharing content, users grant StudyMerge a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services.

• License to User Content:

By submitting User Content, users grant StudyMerge a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services. This license allows StudyMerge to process and store User Content, as well as to make it available to other users.

5. Disclaimers
   • No Warranty:

The Services are provided “as is” and “as available” without any warranties of any kind. While StudyMerge strives to maintain accurate and up-to-date content, it does not guarantee the accuracy, completeness, or reliability of any information on the Services. StudyMerge provides corrections if notified of incorrect content in the documents. However, StudyMerge is not liable for any losses or damages arising from the use of the Services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

• Limitation of Liability:

StudyMerge shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with a user’s use of the Services. This limitation of liability applies whether the damages arise from the use or misuse of and reliance on the Services, inability to use the Services, or the interruption, suspension, or termination of the Services. StudyMerge is not responsible for the usage of the data in the documents or any results arising out of the same. Users are advised to verify the information and use it at their own discretion.

• Indemnification:

Users agree to indemnify and hold StudyMerge harmless from any claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or in connection with their use of the Services. This includes, but is not limited to, any violation of these Terms, any infringement of intellectual property rights, or any harm caused to third parties. Users agree to cooperate fully in the defence of any such claims. StudyMerge reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, in which case users will assist and cooperate with StudyMerge in asserting any available defences.

6. Governing Law
   • Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal actions, suits, or proceedings arising out of these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California.

• Dispute Resolution:

Any disputes arising out of or in connection with these Terms shall be resolved through arbitration in San Jose, California, in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorney’s fees and costs.

7. Changes to Terms
   • Notification of Changes:

StudyMerge reserves the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Users will be notified of any material changes to these Terms by posting a notice on the website or by sending an email. It is the user’s responsibility to review these Terms periodically for any changes.

• Continued Use after Changes:

The user’s continued use of the Services after the posting of changes constitutes acceptance of such changes. If a user does not agree to the modified Terms, they should discontinue their use of the Services. The user’s use of the Services following the effective date of any changes to these Terms indicates acceptance of those changes.

8. Contact Information
   • Customer Support:

For general support inquiries, users can contact support@studymerge.com. For assistance with payment-related issues, users should contact payment@studymerge.com. Legal queries should be directed to legal@studymerge.com. For DMCA-related matters, users can contact dmca@studymerge.com or use the DMCA reporting page. Legal queries should only be sent via email, while general and payment support inquiries can also be submitted through the contact form.

• Reporting Violations:

To ensure compliance with the Terms of Use, users are encouraged to report any violations promptly. Users can contact the legal team at legal@studymerge.com to report any violations or concerns regarding the use of the services. User cooperation helps maintain a safe and respectful environment for all users.

9. Refund Policy:

StudyMerge generally does not offer refunds for purchases of digital access to shared documents, as these are non-returnable items. However, StudyMerge may consider refunds in cases of technical failures or other exceptional circumstances. Requests for refunds must be submitted to the customer support team at support@studymerge.com and will be reviewed on a case-by-case basis. StudyMerge strives to ensure customer satisfaction and will assess each refund request with fairness and consideration. Please note that any refunds granted for reasons other than technical failures are at the discretion of StudyMerge.