Terms and conditions for users of the StudySmarter platform
The StudySmarter UG (haftungsbeschränkt), Brienner Str. 59, 80333 Munich, Germany,(hereinafter StudySmarter) is the operator of the platform StudySmarter.de. Users can upload their lecture notes and receive automatically and semi-automatically generated learning materials (e.g. summaries and mind maps) from StudySmarter UG (haftungsbeschränkt). These terms and conditions form the basis for the use of the internet portal StudySmarter.de.
Scope of application of the terms and conditions
Registration on the platform
1. by registering on the platform, a user account is opened for you. This registration is only possible for persons of full age and full legal capacity. All data entered must be true and complete. You undertake to keep this data up to date. However, you are allowed to use a pseudonym.
2. during the registration you will be asked to protect your member account with a password. You are responsible for keeping it secret and not to allow any third party access to your account. You are responsible for notifying StudySmarter immediately at firstname.lastname@example.org if you suspect that a third party is using your account. You are solely responsible for all activities that occur under your account.
After registration you will receive an email to the email address you provided. By clicking on the link provided, you confirm the accuracy of your information and complete the registration.
4. after you have accepted the terms and conditions and registration is complete, a binding agreement between you and StudySmarter based on these terms and conditions is concluded.
5. if StudySmarter blocks your account, you are not allowed to create a new account We reserve the right to suspend any account without giving reasons and without warning.
StudySmarter reserves the right to remove any username for any reason and without warning if it protects any third party rights.
7. StudySmarter may refuse registration requests. If this is the case, you may request the reason by sending an e-mail to email@example.com. There is no obligation on the part of StudySmarter to provide information.
Use of the platform
1 StudySmarter does not accept any liability for the uploaded learning content of users.
2) The materials provided by StudySmarter are for private study and learning purposes only. The transfer and sale to third parties is not permitted.
3. the use of the platform is free of charge as long as you do not use any other functions marked as chargeable.
4. the right to download does not result in a transfer or granting of copyrights.
5. as a result of uploading the learning content, you confirm that you have the right to use the learning content and that no copyright infringement has been committed.
6) StudySmarter does not take any responsibility for the legality of the uploaded content.
Use of Paid Content and Features
1. the subscription continues to run – even after the expiry of an agreed minimum term – if it is not cancelled in due time. Expressly limited subscriptions end with the agreed end of the contract, unless otherwise agreed at the time of conclusion of the contract.
2. subscription fees for the accounting period are always to be paid in advance. The length of your billing period depends on the type of subscription you choose when you register for the service. If you purchase paid content on StudySmarter, payment is made upon completion of the order.
You may cancel your StudySmarter subscription at any time and continue to use StudySmarter until the end of your billing period. If you used a third party payment method when you purchased your StudySmarter subscription and you wish to cancel your StudySmarter subscription, you may need to do so through that third party payment method. To do so, you may need to access your account with the third party provider and disable automatic renewals or unsubscribe from your StudySmarter subscription through that third party provider. You may also be able to view billing information related to your StudySmarter subscription through your account with the relevant third party provider
4. by making a payment on www.StudySmarter.de a contract for a service is concluded, namely a subscription for a paid content and/or payment functions. It
5. if you order this service, you will be granted full access (i.e. all learning content learning features offered by StudySmarter) to the platform within a reasonable period of time
6. the payment transactions on www.StudySmarter.de will be processed exclusively through StudySmarter or third party service providers with whom StudySmarter works to process payment transactions (e.g. PayPal).
StudySmarter is free to charge fees for additional functions or to charge for free services at any time. These changes do not require prior notice and can be made without justification.
8) The price list valid at the time of the conclusion of the contract for the respective subscription shall apply. The publisher provides the price list in its current valid form at www.StudySmarter.de. Subscription prices include the applicable statutory value added tax. Any connection costs to the subscriber’s respective Internet or mobile phone provider are not included.
9 The prices for a StudySmarter subscription are subject to change. However, any changes to prices and our subscription offer will not take effect until the next billing period following notification of the change(s) to you. Individual notifications are not required.
10) In case of late payment StudySmarter is entitled to terminate the supply contract without notice after a reminder and a grace period. The damage caused by delay including the costs of reminders shall be borne by the subscriber.
11. if the subscription you have purchased is no longer offered to you, we reserve the right to convert your subscription to one that is still offered. You will be notified and may still cancel at the end of the billing period. You will not incur any additional costs for the current billing period.
Free trial periods
Your StudySmarter subscription may begin with a free trial period, the duration of which is specified during registration. This free trial period is intended to allow new and certain former members to try paid StudySmarter features.
StudySmarter will evaluate your eligibility for a free trial period at its sole discretion and may limit the availability or duration of the free trial period to prevent abuse. If we determine that you are not eligible for the free trial, we reserve the right to revoke your eligibility and suspend your account. Members from households with existing or recently terminated StudySmarter subscriptions are not eligible. In order to check your eligibility status, StudySmarter is authorized to access information such as device ID, payment method or e-mail address that has already been used for an existing or recently terminated StudySmarter subscription. Restrictions may apply when combined with other offers.
Unless you cancel your paid subscription before the end of the free trial period, we will charge your payment method at the end of the free trial period with the subscription fee for the next billing period.
Money Back Guarantee (“Exam Success Guarantee”)
1 StudySmarter offers a money back guarantee for paid subscriptions. If customers of our paid subscriptions have failed their exams, they can get their subscription fees back.
2. the refund of fees paid is only for the month and pro rata for the number of failed exams. The maximum amount that can be refunded is the total cost of the subscription for the current billing period.
3 The following conditions must be met to qualify for our money-back guarantee:
a. You must have failed at least one exam for which you have studied on StudySmarter for at least 10 hours
b. You provide proof of unsuccessful participation in your exam in StudySmarter. This proof must be submitted by post (Brienner Str. 59, 80333 Munich, Germany) or by e-mail to firstname.lastname@example.org.
c. The failed exam may not be more than 6 weeks in the past.
4. StudySmarter does not guarantee learning success and/or the successful passing of exams even with a paid subscription. StudySmarter is not liable for any damages caused by failing an exam.
The terms and conditions of the money-back guarantee are subject to change. However, any changes will only be effective for the next billing period after the notification of the change(s) to you. Individual notifications are not required.
1. you are solely responsible for keeping your access data (user name, password) secret and thus not to grant any third party access to your member account Above all, it is forbidden to grant a third party access to your account in order to avoid any fees. You are obliged to immediately send an e-mail to email@example.com. If there are any indications that a third party has gained access to your account or there are indications of misuse of your account. StudySmarter reserves the right to remove your account in case of suspicious activity.
2. you must comply with all applicable laws and regulations at all times while using content provided by StudySmarter. Accordingly, you shall not post or make available on the StudySmarter platform any content, materials or information that violates any law or these Terms and Conditions. Any reproduction, publication or distribution of the content, in any form whatsoever, is also prohibited. No copyrights are transferred to you in any form.
3. the contents and services of StudySmarter may not be misused. Misuse is deemed to exist if:
i. Content has been copied, published and distributed in a way that would have required a transfer of copyright.
ii. uploads or distributes racist, pornographic, sexist, offensive, violent, oppressive to minorities, inflammatory or other material
iii. Disseminate advertising in any form and this is not covered by a contract with StudySmarter.
iv. access to member accounts of third parties is provided.
v. Performs illegal or malicious activities.
vi. Upload viruses or other forms of code that affect the appearance of the site.
vii. Distribute content that is misleading or untrue.
Rights to User Content
1 If you upload lecture notes and all other documents on the platform, you retain any rights to them as far as possible. StudySmarter shall be granted a right of use and exploitation free of charge as far as this is necessary for the provision and publication on the platform, in particular for the storage of the contents on the provider’s server as well as their public accessibility (by displaying the contents on the platform).
2. you may only upload content to StudySmarter which you have created yourself or for which you have been expressly authorized to upload.
3. StudySmarter is entitled to edit, store, add third party advertising to the uploaded Content, add its own advertising and logos and convert the uploaded Content to other formats.
4. StudySmarter may remove all user content that is on the platform without giving any reason.
5. if you infringe the intellectual property of any third party, StudySmarter reserves the right to permanently delete your account.
6. you warrant that all documents and content comply with the law, in particular the Criminal Code, the Data Protection Act and other intellectual property and personal rights.
7. if you restore the content you have posted to StudySmarter, the right of use and exploitation granted to StudySmarter above shall expire. However, StudySmarter shall remain entitled to retain copies made for backup and/or verification purposes.
7 Scope of Application and Applicable Law
1 StudySmarter is subject to the laws of the Federal Republic of Germany.
2. the terms and conditions of business regulate the contractual relationship between StudySmarter and the user
1. revocation instruction
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal you must inform StudySmarter UG (haftungsbeschränkt), Brienner Str. 59, 80333 Munich, Germany, firstname.lastname@example.org by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to exercise the right of revocation, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
2. consequences of the revocation
If you withdraw from this agreement, StudySmarter shall refund to you all payments received by StudySmarter from you, including delivery charges (except for the additional costs resulting from your choosing a different method of delivery than the cheapest standard delivery offered by StudySmarter), immediately and no later than fourteen days from the date StudySmarter receives notice of your withdrawal from this agreement.
For this refund, StudySmarter will use the same payment method you used in the original transaction, unless otherwise expressly agreed with you, in which case you will not be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay StudySmarter a reasonable amount corresponding to the proportion of the services already provided by the time you notify StudySmarter that you wish to exercise your right of cancellation with respect to this agreement compared to the total amount of services provided under the agreement.
Special Notes on Withdrawal
1. the right of revocation expires according to § 356 para. 4 BGB in a contract for the provision of services even if the entrepreneur has provided the service in full and has only started to perform the service after the consumer has given his express consent and confirmed his knowledge that he loses his right of revocation in the case of full performance of the contract by the entrepreneur.
2) The right of withdrawal expires according to § 356 paragraph 5 BGB in case of a contract for the delivery of digital contents not on a physical data carrier even if StudySmarter has started to execute the contract after the consumer
i. has expressly agreed that the trader shall commence performance of the contract before the expiry of the withdrawal period, and
ii. has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
To StudySmarter UG, Lichtenbergstr. 6, 85748 Garching near Munich, e-mail: email@example.com:
I/we hereby revoke the contract concluded by me/us for the provision of the following service __________________________.
Ordered on __________________ and received on __________________.
Name of the consumer(s): __________________.
Address of the consumer(s): __________________, __________________-__________________________.
Signature of the consumer(s) (only for paper communications)
Limitation of liability
StudySmarter shall only be liable for damage caused by intent or gross negligence on the part of StudySmarter or one of its legal representatives or agents. The same applies to culpably caused damages resulting from the loss of life, body or health, damages caused by the absence of a guaranteed quality as well as in case of fraudulent intent.
2) In the case of slightly negligent breach (material or financial damage) StudySmarter shall only be liable if essential contractual obligations have been breached (i.e. an obligation whose fulfilment is essential for the proper execution of a contract and on whose observance the parties may regularly rely); however, this liability shall be limited to foreseeable and typical contractual damage. There shall be no liability in the event of a slightly negligent breach of a duty other than those mentioned above.
3) StudySmarter is not responsible for your learning success and does not take responsibility for your learning success.
4. liability under the Product Liability Act remains unaffected.
1. the contractual relationship cannot be terminated prematurely, but ends after one month in the case of the monthly version or after six months in the case of the semester version.
2. you are entitled to have your member account deleted by StudySmarter at any time without giving a reason. All you have to do is send an e-mail to firstname.lastname@example.org. Upon receipt StudySmarter will make every effort to delete your account as soon as possible. However, this deletion does not release you from possible existing contractual payment obligations.
Changes to the terms and conditions of use
1 The basis of the contract of use is always the terms and conditions of business and use valid at the time of registration.
2 However, StudySmarter reserves the right to adapt them. If by law an adjustment of the terms and conditions is required. If a change is required due to new services, if the change is only beneficial to you or if the change is technically necessary. StudySmarter also reserves the right to change the terms and conditions at any time without notice or reason. Notification of changes to existing users will be made by email or upon first login of the user. If users do not object in writing to email@example.com within 14 days, this will be deemed as acceptance of the new GTCs.