1. Introduction

These Terms and Conditions (“Terms”) govern the use of the eStudent mobile application (“Application”), which is designed to assist students in obtaining educational information and solutions. By downloading, installing or using the Application, users (“Users”) accept these Terms in their entirety. If you do not accept these Terms, please do not use the Application. In this document, the terms listed below have the following meanings:

• “Application”: the eStudent mobile software that provides educational support to Users.
• “User”: The natural or legal person using the Application.
• “Account”: The personal virtual space created by registering in the Application, which contains the User’s personal data and interactions.
• “Content”: All files, documents and data uploaded by the User or generated through use of the Application.

These terms apply to ensure a clear understanding of the obligations and rights of each party involved.”

2. Description of Services

The eStudent App offers a number of functionalities designed to facilitate the learning experience for Users, including:

• AI-powered assistance: an advanced chatbot system that uses artificial intelligence to provide quick and accurate answers to academic questions. It can analyze user questions and provide relevant information from the Application’s database.
• Document Upload: Users can upload educational files (documents, notes, etc.) to the app. These documents are then analyzed by the AI system, which can provide feedback and suggestions for improvement.

eStudent grants the User a limited, revokable, non-transferable, non-exclusive license to access and use the Application in accordance with these Terms. The license is granted solely for personal, non-commercial purposes, and is subject to the usage restrictions described below. Any use of the Application outside of these limitations constitutes a violation of the terms of this License and may result in suspension or termination of your access to the Application.

3. Account Creation and Login

To use the Application, users must register through a simple account creation process. This process involves the use of Firebase Authentication, which guarantees authentication security. Required information includes:

• First and Last Name: User identification.
• Email: Used for communications and notifications.
• Password: Must meet complexity standards to ensure account security.
• Address (optional): User’s address can be used for invoicing.
• CNP/CUI (optional): The information is required for the issuance of legal invoices and is stored in accordance with applicable regulations.

4. Use of the Application

Users agree to use the Application in compliance with all applicable laws and regulations. This includes, but is not limited to:

• Copyright Compliance: Users must not upload content that infringes the intellectual property rights of others.
• Prohibition of Illegal Content: Uploading or distributing illegal or harmful content is strictly prohibited. eStudent reserves the right to remove any content that does not comply with these regulations.
• Privacy: Users are responsible for keeping passwords and account information confidential.

All intellectual property rights, including but not limited to the design, structure, functionality, content and source code of the Application, are and shall remain the exclusive property of eStudent or its licensors. Users have no right to copy, modify, distribute, transmit, publish, reproduce, create derivative works from, transfer, or otherwise exploit the Application except as explicitly permitted in these Terms. 4.1. Content Privacy Policy All documents and files uploaded by Users are considered confidential and can only be accessed by the User and the AI chatbot system. The uploading of illegal or potentially harmful content is prohibited.

5. Data Deletion Policy

If the user decides to delete their account, all associated data (including files and documents) will be deleted from the Application database. However, eStudent will retain invoices and payment history for tax compliance. This policy applies in accordance with applicable law. Users who wish to request complete deletion of data should contact the support team via the website or app. This is a necessary procedure to confirm user identity and prevent unauthorized deletions.

6. Payment Processing

Payments made through the eStudent Application are handled through the following external services:

• Stripe: Used to process payments (not directly utilized through mobile services specific to the device using the app, example: App Store), this service stores users’ financial information in compliance with PCI DSS security standards. Stripe ensures fast and secure payment processing, minimizing the risks associated with fraud.
• Enlivy: This service is responsible for generating and managing invoices. Enlivy handles the storage and reporting of invoices in compliance with tax legislation, including sending them to the ANAF SPV if required.

Users have the right to request to withdraw from using the Application within 14 calendar days from the date of purchase of a paid subscription or functionality, unless the service has already been used. Withdrawal or refund requests are reviewed on a case-by-case basis, and eStudent reserves the right to approve or deny refunds on a case-by-case basis. For more information on the refund process, please contact our support team.

7. Data Security

eStudent takes technical and organizational measures to protect users’ personal data. These measures include:

• Access Control: Access to personal data is restricted to authorized eStudent personnel who have been trained in data protection. These personnel include application employees and Enlivy LLC developers.
• Regular Backups: Data is backed up periodically in accordance with Firebase documentation, ensuring continuity and recovery in the event of loss.

eStudent adopts the highest standards to protect the privacy and integrity of user data, utilizing advanced encryption and access control technologies. The application is constantly monitored to detect and prevent unauthorized access or misuse of data. All user data is treated with strict confidentiality and is accessible only to authorized eStudent personnel in accordance with the privacy policy.

8. Limitation of Liability

eStudent assumes no responsibility for:

• Errors or omissions in information provided by the AI system. Users are encouraged to verify the information before using it for academic purposes.
• Damages caused by misuse of the Application or violation of these Terms. If the User causes damage to the Application or other Users, the User will be liable for the damage caused.

The User is responsible for compliance with applicable law and for using the App in accordance with these Terms. In case of breach of these obligations, the User will be liable for all direct and indirect damages caused to the App or other users, including but not limited to financial loss, reputational damage or technological damage.

9. Changes to the Terms and Conditions

eStudent reserves the right to modify these Terms at any time. Users will be notified of significant changes via the App. Continued use of the App after changes implies acceptance of these updated Terms.

10. Account Termination

eStudent reserves the right to suspend or terminate the accounts of users who do not abide by these Terms or who commit abuse. Upon users’ request, the account and personal data will be deleted in accordance with the Privacy Policy.

11. Applicable Law and Dispute Resolution

These Terms are governed by the laws of Romania and the European Union. Any dispute will be settled by the competent courts of the same jurisdiction. Users agree to comply with all applicable local laws in using the App.

12. Force Majeure

eStudent is not liable for failure to fulfill its contractual obligations in case of force majeure. Force majeure includes events such as natural catastrophes, pandemics, armed conflicts, acts of government, unforeseen technological failures and other circumstances that make it impossible or unreasonably costly to fulfill contractual obligations. In such situations, eStudent’s obligations will be suspended for the duration of the force majeure event without penalty or damages.