Terms of Service

This is an English translation provided for convenience. The German version (available at https://nachhilfe-mentor.de/nutzungsbedingungen.html) is the binding contractual version, unless mandatory law at your habitual place of residence provides otherwise. 1. Scope and Applicability 1.1 Scope These Terms of Service govern all contractual relationships between the tutoring app operated by Thümmler AI GmbH (hereinafter the "Provider") and the users of the services, content and features provided by the tutoring app (hereinafter the "Offering"). The tutoring app provides a platform for learning support, project management and interactive communication. By using the tutoring app, users accept these Terms as binding in their entirety. Deviating, conflicting or supplementary terms shall not become part of the contract – even if known – unless expressly agreed otherwise in writing. 1.2 Applicability The following provisions apply to all contractual and non-contractual legal relationships arising from the use of the tutoring app – in particular in the context of business relationships conducted over the internet and all electronic communication channels. Unless expressly stated otherwise, use within the scope of electronic commerce is assumed. 1.3 Legal Framework The interpretation and application of these Terms are based in particular on the following statutory provisions of German law: • The German Civil Code (BGB), in particular Sections 305 et seq. governing general terms and conditions • The German Digital Services Act (DDG) and Regulation (EU) 2022/2065 (Digital Services Act, DSA) • The German Copyright Act (UrhG) • The German Act Against Unfair Competition (UWG) • The General Data Protection Regulation (GDPR) in conjunction with the German Federal Data Protection Act (BDSG) 1.4 Severability Should any provision of these Terms be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as legally possible to the economic purpose of the invalid provision. 1.5 Special Notes for Minors and Design Changes The tutoring app is designed for users aged 3 and over. For the use of the tutoring app by minors, the express consent of the parents or legal guardians must be obtained before using the services. The tutoring app reserves the right to request appropriate parental confirmation before or during use to ensure that the consent of the parents or guardians has been given. Furthermore, the Provider is entitled to adapt the design and presentation of the content of the tutoring app at any time to current technical and design standards. Design changes do not affect the validity of these Terms; the versions of the app current at the time of use apply. 2. Description of Services and Reservation of Changes 2.1 Description of Services The Provider makes a freemium offering available to users via the tutoring app, comprising free basic features and paid premium features within the scope of subscriptions. The following basic features are available to users free of charge: Flashcard creation: Users can create their own flashcards for all subjects and topics. Summary creation: Learning content is automatically processed into comprehensible summaries. Project management: Users can create and manage an unlimited number of learning projects. Vocabulary trainer: Integrated tool for targeted vocabulary learning. Multiple-choice tests: Create your own tests to check knowledge in a playful way. The following premium features require a paid subscription: Learning paths: Use structured and guided learning journeys. Learning while you sleep: Content can be used for passive repetition during sleep. Language mentor: Targeted language training and interactive conversations. Chat feature & general speaking: Direct exchange and speaking with the AI mentor, whether for language learning or for all other subjects. For the premium features, we offer the following subscriptions: Monthly subscription: €7.99 per month. Annual subscription: €59.99 per year (equivalent to €4.99 per month). The annual subscription includes a free trial period. The basic features can be used immediately; premium features only after activation of the respective subscription. 2.2 Reservation of Changes The Provider expressly reserves the right to change, expand, restrict or discontinue the Offering – including all content, features, technical characteristics and design – at any time. This includes in particular technical optimisations, updates and adjustments to ensure operational security and compliance with legal requirements. Changes affecting the free or paid variant will be communicated to users in an appropriate form – for example by push notification or a notice in the app. 2.3 Scope of Services and Availability The services are provided "as is" and subject to the proviso that technical faults, maintenance work, updates or unforeseeable events – including force majeure – may temporarily restrict the availability or functionality of the tutoring app. Permanent, uninterrupted availability or a specific quality of service is not guaranteed. Claims based on temporary or permanent unavailability are – to the extent permitted by law – largely excluded. 2.4 Legal Basis The provisions in this section are based in particular on the provisions of the German Civil Code (in particular Sections 305 et seq. on the incorporation of pre-formulated contractual terms) and the German Digital Services Act (DDG). In addition, the requirements of the German Copyright Act (UrhG) and – where applicable – the data protection provisions of the GDPR in conjunction with the BDSG must be observed. 2.5 Integration of Third-Party Providers To the extent that parts of the Offering are provided by third parties or integrated into the tutoring app, the respective current terms of use of these third-party providers also apply. The Provider assumes no liability for the accuracy, timeliness or availability of the services provided by third parties – unless otherwise required by law. 2.6 Customer Support For questions, fault reports or other concerns regarding the Offering, the Provider makes a customer service available. The corresponding contact information and service hours can be found within the tutoring app under "Contact" or "Help". 3. Obligations and Responsibilities of the User 3.1 Compliance with Statutory Provisions The user undertakes to comply with all applicable statutory provisions. In particular, the user must ensure that their conduct in the tutoring app complies with the requirements of the German Civil Code (in particular Sections 305 et seq. BGB), the German Digital Services Act (DDG), the German Copyright Act (UrhG), the GDPR in conjunction with the BDSG and the German Act Against Unfair Competition (UWG). In addition, all other relevant provisions, such as those protecting personality rights and intellectual property, must be observed. 3.2 Registration and Access Credentials If registration is required to use the tutoring app, the user warrants that the information provided is truthful, complete and up to date. In particular, if the user is a minor, the express consent of the parents or legal guardians must be obtained before registration. The user is obliged to treat the access credentials assigned to them (e.g. username, e-mail address and password) strictly confidentially and to protect them from access by third parties. Sharing access credentials is expressly prohibited. The user is liable for all actions taken using their access credentials and undertakes to inform the Provider immediately upon becoming aware of any misuse or unauthorised use of their credentials. 3.3 Publication and Use of Own Content The user assumes sole responsibility for all content that they post, upload or otherwise publish in the tutoring app – including, for example, contributions in chats, learning projects, flashcards, test questions and other interactive content. The user warrants that: • a) the content submitted by them does not infringe the rights of third parties (e.g. copyright, trademark or personality rights), • b) such content does not violate statutory provisions or public morals, and • c) it is factually correct and lawful. The Provider reserves the right to delete content that violates these requirements without prior notice or to exclude the user from using the tutoring app. 3.4 Prohibition of Misuse The user undertakes not to use the tutoring app in a manner that impairs the proper operation of the app or infringes the rights of third parties. In particular, it is prohibited to: • carry out automated queries (e.g. using bots, spiders or scraping tools) that lead to excessive load on server resources, • circumvent or manipulate security measures or technical protective mechanisms of the tutoring app, and • distribute content that infringes copyright or other protected rights. In the event of violations of these provisions, the Provider is entitled to temporarily or permanently block the user's access and, where applicable, to assert claims for damages. 3.5 Data Protection and Handling of Personal Data The user must ensure that the collection, storage and processing of personal data within their area of responsibility always complies with the provisions of the GDPR and the BDSG. In particular, the user is prohibited from collecting or processing personal data of third parties without their express consent – this applies in particular to the use of interactive features such as forums, chats or comment functions in the tutoring app. 3.6 Duties to Cooperate and Security Reports The user is obliged to inform the Provider immediately of technical faults, security vulnerabilities or other anomalies that could impair the operation of the tutoring app. This duty to cooperate serves to jointly ensure a secure and fault-free operation of the app. 3.7 Legal Consequences of Breaches of Duty Violations of the obligations set out in this section entitle the Provider to temporarily or permanently block the user's access to the tutoring app – in whole or in part. Furthermore, the Provider reserves the right to assert further claims for damages. The assertion of any further rights remains unaffected. 4. Liability 4.1 Limitation of Liability The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, under the provisions of the German Product Liability Act, and to the extent of a guarantee assumed by the Provider. In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the user may regularly rely (cardinal obligation), the Provider's liability is limited to the foreseeable damage typical of the contract. In all other respects, liability for slight negligence is excluded. This provision also applies in favour of the legal representatives and vicarious agents of the Provider. 4.2 Liability for External Content and Links The tutoring app has no influence on the content of third-party websites referred to by hyperlink. The respective operator is solely responsible for such external content. Any liability for damages or legal violations resulting from the use of linked content is expressly excluded. 4.3 Technical Faults and Downtime The services of the tutoring app are provided "as is". Technical faults, maintenance work, force majeure or other unforeseeable events may lead to temporary outages or restrictions. The Provider assumes no liability for resulting damages – in particular any damages caused by data loss or corruption – except as provided in Section 4.1. 4.4 Liability in the Area of Data Protection The tutoring app processes personal data in accordance with the statutory provisions of the GDPR and the BDSG. Liability for damages caused by improper handling of personal data by the user or third parties is expressly excluded to the extent permitted by law. 4.5 General Liability Notes The limitations of liability contained in this section apply only to the extent permitted by applicable law. Liability under the German Product Liability Act, for damages arising from injury to life, body or health, and for intent and gross negligence remains unaffected in any case (see 4.1). In addition, the provisions of the German Digital Services Act (DDG) and the rules on fair competition (UWG) apply. 5. Data Protection and Processing of Personal Data 5.1 General Provisions The collection, processing and use of personal data in the tutoring app takes place exclusively in accordance with the applicable data protection provisions, in particular the GDPR and the BDSG. For detailed information on the type, scope, purpose and legal bases of data processing, we expressly refer to our Privacy Policy, which forms an integral part of these Terms. 5.2 Collection and Use of Personal Data Personal data is collected only if this is necessary for the contractual provision of the services offered in the tutoring app or if the user has expressly consented to the processing. This includes in particular information provided during registration (e-mail address and password). Optionally, users may voluntarily provide further data, such as a username or a photo, if this is required for certain features of the tutoring app or desired by the user. When using interactive features (such as chat, flashcards, tests, learning progress tracking and project management), additional data may be collected that is necessary for the respective feature. In addition, data for improving the learning offering and ensuring smooth operation – for example information on current learning progress (streaks), test results or usage statistics – is stored in Firebase Firestore. Any use beyond this takes place exclusively on the basis of separate consent by the user or due to statutory obligations. 5.3 Data Security and Protective Measures To ensure the integrity and confidentiality of the personal data processed in the tutoring app, the Provider implements appropriate technical and organisational measures (TOMs). These include in particular the storage and management of data in Firebase Firestore, the use of Firebase Authentication for access security, and regular updates and reviews of the security precautions. Despite these measures, absolute security cannot be guaranteed, as no transmission technology is 100% secure. 5.4 Rights of the User Users have the right at any time to obtain information about the personal data stored about them in the tutoring app and to request its rectification, erasure or restriction of processing. They also have the right to data portability. To exercise these rights, the user may contact the data protection contact named in the Privacy Policy. In addition, there is a right to object to the processing of personal data – in particular in the context of direct marketing – unless compelling statutory grounds prevail. 5.5 Disclosure of Data to Third Parties Personal data is transferred to third parties only if this is necessary for the fulfilment of contractual obligations (e.g. payment processing of in-app purchases), required by law, or if the user has expressly consented. When engaging service providers – such as Firebase as a storage and authentication service or payment service providers – it is ensured that these third parties are contractually obliged to comply with the relevant data protection provisions. Personal data is transferred to third countries only if an adequate level of data protection is guaranteed (e.g. by means of Standard Contractual Clauses). 5.6 Use of Cookies and Tracking Technologies The tutoring app uses cookies or comparable technologies (e.g. local storage) only to the extent necessary for operation or with the user's consent. Detailed information on the use of these technologies and on the available settings can be found in our Privacy Policy (https://nachhilfe-mentor.de/privacy-policy.html). Consent can be withdrawn at any time with effect for the future. 5.7 Changes to the Data Protection Provisions The Provider reserves the right to adapt the data protection provisions at any time in compliance with statutory requirements. Users will be informed of material changes in an appropriate manner, for example by push notification or a notice in the tutoring app. By continuing to use the tutoring app, the user agrees to the data protection provisions applicable at the time. 6. Final Provisions 6.1 Severability Should one or more provisions of these Terms be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as legally possible to the intended economic purpose of the provision concerned. 6.2 Changes to the Terms of Service The Provider reserves the right to change or adapt these Terms at any time – in particular to implement new features (e.g. the introduction of mandatory parental confirmation for minors) or to adapt the app design to modern standards. Users will be informed of material changes in an appropriate manner (e.g. by push notification or a notice in the app). Continued use of the tutoring app after the amended Terms take effect is deemed to constitute the user's express consent to the new Terms. 6.3 Applicable Law and Jurisdiction All disputes arising from or in connection with the use of the tutoring app are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, mandatory consumer protection provisions of the state in which the user has their habitual residence remain unaffected by this choice of law (Art. 6(2) of the Rome I Regulation); the user therefore always enjoys at least the protection of their home law. For merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is Potsdam, to the extent permitted by law. 6.4 Contract Language and Form These Terms and all amendments and supplements require text form (e.g. e-mail). The contract language is German. An English translation of these Terms is provided as a courtesy at https://nachhilfe-mentor.de/terms-of-service.html; in case of discrepancies, the German version prevails, unless mandatory law provides otherwise. 6.5 Entire Agreement These Terms constitute the complete and final agreement between the user and the Provider with regard to the use of the tutoring app and supersede all previous oral or written arrangements, agreements or other provisions. 6.6 Notes on Side Agreements and Other Obligations Any side agreements or additional oral or written arrangements are not part of these Terms unless expressly agreed in writing. The Provider reserves the right to take further legal action in the event of violations of these final provisions. 7. Data Protection and Data Security 7.1 Scope and Legal Basis The collection, processing and use of personal data in the context of using the tutoring app takes place exclusively on the basis of and in accordance with the provisions of the GDPR and the BDSG. All other applicable data protection provisions also apply. For detailed information on the type, scope, purpose and legal bases of data processing, we expressly refer to our Privacy Policy available in the app. 7.2 Collection, Processing and Use of Personal Data The tutoring app collects and processes users' personal data exclusively for the purposes of contract performance, ensuring the functionality of the app, security and improving the offering. This includes in particular information provided during registration (e.g. e-mail address, username), when using interactive features (such as chats, learning progress tracking, flashcards, tests) and for processing in-app purchases via Firebase and other services. Data processing always follows the principle of data minimisation – only data required to achieve the stated purposes is collected. Processing is based on the legal bases explained in more detail in the Privacy Policy (in particular Art. 6(1)(b) GDPR for contract performance and the Provider's legitimate interests). 7.3 Rights of Users Users have the right at any time to information about the personal data stored by the tutoring app, as well as the right to rectification, erasure, restriction of processing and data portability. They also have the right to object to the processing of their data. Requests to exercise these rights must be addressed in writing to the contact address specified in the Privacy Policy. There is also the right to lodge a complaint with the competent data protection supervisory authority. 7.4 Technical and Organisational Measures The Provider undertakes to take all appropriate technical and organisational measures (TOMs) to ensure the security and integrity of the personal data processed in the tutoring app. This includes in particular measures to secure the data stored via Firebase (such as in Firestore and Firebase Authentication) and to protect against unauthorised access, loss, destruction or unlawful processing. These security precautions are regularly reviewed and adapted to the current state of the art to ensure a level of protection appropriate to the risk. 7.5 Disclosure and Transfer to Third Parties Personal data is disclosed to third parties only if this is necessary for the fulfilment of contractual obligations (e.g. for processing payments or using external service providers such as Firebase) or if the user has expressly consented. In these cases, the Provider ensures that the third parties are contractually obliged to comply with the relevant data protection provisions. Personal data is transferred to third countries only if an adequate level of data protection is guaranteed (for example by means of Standard Contractual Clauses). 7.6 Use of Cookies and Tracking Technologies The tutoring app uses cookies or comparable technologies (e.g. local storage) only to the extent necessary for operation or with the user's consent. Detailed information on the use of these technologies and notes on the available settings can be found in our Privacy Policy (https://nachhilfe-mentor.de/privacy-policy.html). Consent can be withdrawn at any time with effect for the future. 7.7 Changes to the Data Protection Provisions The Provider reserves the right to adapt these data protection provisions if the legal framework changes or if required to optimise internal data processing procedures. Users will be informed of material changes in an appropriate manner – for example by push notification or a notice within the tutoring app. Continued use of the tutoring app after the amended data protection provisions take effect is deemed to constitute the user's express consent to the new provisions. 8. Indemnification 8.1 User's Indemnification Obligation The user undertakes to indemnify the Provider (tutoring app) and its legal representatives, vicarious agents, affiliated companies and all third parties involved in any other way in the provision of the tutoring app against all claims, demands, damages, losses, costs and expenses (including reasonable attorneys' fees) asserted by third parties as a result of the user's violation of these Terms. This includes in particular claims arising from unauthorised use of the tutoring app, the publication or transmission of own content, or other breaches of duty by the user. 8.2 Exceptions The user's indemnification obligation does not apply to claims based on intentional or grossly negligent conduct of the Provider. To the extent that damages arise for the Provider from actions outside the user's sphere of influence, this indemnification does not apply. 8.3 Procedure in the Event of Indemnification In the event of an indemnification claim, the Provider will inform the user in writing without undue delay and give them the opportunity to participate in the defence or to appoint their own representatives to safeguard their rights. The decision on the conduct of the defence rests solely with the Provider. The user undertakes to respond promptly to all reasonable requests of the Provider in connection with the defence of the claims and to provide the necessary support. 8.4 Survival of the Indemnification Obligation The indemnification obligation set out in this section remains unaffected even after termination of the use of the tutoring app or expiry of the contractual relationship and continues to apply to all claims arising during the term of the contract or as a result of breaches of duty by the user. 9. Dispute Resolution and Jurisdiction 9.1 Out-of-Court Settlement The parties undertake first to attempt in good faith to resolve all disputes, disagreements or claims arising from or in connection with the use of the tutoring app or these Terms out of court. To this end, the user is obliged to inform the Provider (tutoring app) in writing of the specific dispute and to set the Provider a reasonable deadline to remedy or clarify the problem. 9.2 Jurisdiction If an out-of-court settlement cannot be reached, the exclusive place of jurisdiction – if the user is a merchant, a legal entity under public law or a special fund under public law – is the Provider's registered office, to the extent permitted by law. For consumers, the statutory rules on jurisdiction apply. Notwithstanding the foregoing, the law of the Federal Republic of Germany applies exclusively, excluding the CISG and taking into account mandatory consumer protection provisions. 9.3 Arbitration Alternatively, the parties may, if they mutually agree to do so, also resolve disputes through binding arbitration. Such proceedings shall be conducted in accordance with the applicable arbitration rules permissible within the framework of statutory provisions. To the extent permitted by law, arbitration excludes recourse to the ordinary courts. 9.4 Final Provisions on Disputes Should individual provisions of this section be invalid under applicable law, the validity of the remaining provisions shall remain unaffected. Invalid or unenforceable provisions shall be replaced by provisions that come as close as legally possible to the intended economic purpose of the invalid provisions. These provisions on dispute resolution and jurisdiction are based on the relevant provisions of the German Civil Code (BGB) and the general principles for general terms and conditions in Germany. 10. Assignment and Final Provisions 10.1 Assignment The user is not entitled to assign or transfer rights and obligations under these Terms – in whole or in part – to third parties without the prior written consent of the Provider (tutoring app). However, the Provider is entitled to transfer its contractual rights and obligations, in whole or in part, to affiliated companies or third parties, provided this serves the ongoing business operation of the tutoring app. Any impermissible assignment by the user is null and void. This provision is based on the general principles of contract transfer pursuant to Sections 305 et seq. BGB. 10.2 Form and Changes All changes or supplements to these Terms require text form. Oral side agreements are not valid – this also applies to a waiver of this form requirement. The Provider reserves the right to change or adapt these Terms at any time, for example to introduce new features (such as mandatory parental confirmation for minors) or to update the app design. Users will be informed of material changes in an appropriate manner (e.g. by e-mail, push notification or a notice within the tutoring app). Continued use of the Offering after the amended Terms take effect is deemed to constitute the user's express consent to these changes. 10.3 Entire Agreement These Terms constitute the complete and final agreement between the Provider and the user with regard to the use of the tutoring app and supersede all previous oral or written arrangements, agreements or other provisions. Changes, supplements or other agreements require text form to be effective, unless mandatory statutory provisions (in particular consumer protection provisions) provide otherwise. 10.4 No Third-Party Beneficiaries The provisions of these Terms are directed exclusively at the contracting parties – i.e. the Provider and the user. No rights are established for third parties, and third parties are not entitled to assert claims arising from or in connection with these Terms. 11. Right of Withdrawal for Consumers 11.1 Consumers are generally entitled to a statutory right of withdrawal of 14 days for distance contracts (Sections 312g, 355 of the German Civil Code or the corresponding implementations of the EU Consumer Rights Directive in your country of residence). 11.2 Subscriptions and in-app purchases are concluded exclusively via the Apple App Store or Google Play. The contracting party for the purchase process and the point of contact for exercising the right of withdrawal and for refunds is therefore the respective store operator (Apple or Google) in accordance with its terms and refund policies. Information can be found at https://support.apple.com/en-us/HT204084 (Apple) and https://support.google.com/googleplay/answer/2479637 (Google Play). 11.3 In the case of digital content and services, the right of withdrawal may expire early if you have expressly agreed that performance begins before the end of the withdrawal period and you have confirmed your knowledge of the associated loss of the right of withdrawal (Section 356(5) of the German Civil Code). 12. International Use and Language Versions 12.1 The tutoring app can be used worldwide. The user is responsible for ensuring that its use is compatible with the laws of their place of residence. 12.2 Mandatory consumer protection and data protection provisions of the state in which the user has their habitual residence remain unaffected by these Terms. Should individual provisions of these Terms be incompatible with mandatory local law, the mandatory local law prevails; the remaining provisions remain in force. 12.3 For users who obtain the app via the Apple App Store or Google Play, the respective store terms additionally apply (including the standard clauses customary for Apple users in favour of Apple as a third-party beneficiary with regard to the licence of the app). 12.4 These Terms are provided in German, English and French (French: https://nachhilfe-mentor.de/conditions-utilisation.html). The German version is authoritative (see 6.4), unless mandatory law at the user's habitual place of residence provides otherwise. (Version of these Terms of Service: July 2026)