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Terms of Use

These Terms of Use (“Terms”) of Brainlancer GmbH (“Brainlancer”) constitute the legal basis for the use of the bla.app (“App”) by its users (“Users”). By using the App, you agree to these Terms.

1. Access, User Accounts & Child Safety

The App can generally be used without registration. Some features or saving progress may require sign-in via a third-party account (e.g., Apple or Google) or the creation of a user profile.

Age Requirement & Parental Consent: The App's content is suitable for children aged 4 and above. However, Users under the age of 16 may only use the App with the consent and under the supervision of a parent or legal guardian. Brainlancer provides parental control features (e.g., password-protected settings) to help parents manage account changes and subscriptions.

The User must provide accurate information during registration, keep login data confidential, and inform Brainlancer immediately in case of suspected misuse.

2. Deployment and Availability of the App

Brainlancer makes the App available to the User via the Internet. Brainlancer ensures an average availability of the App on its own servers of 99% per month.

The User is personally responsible for providing a compatible mobile device and a sufficient Internet connection.

The App does not act as a permanent cloud storage backup for personal data. Users are encouraged to secure their data independently.

3. Transfer of Rights & User-Generated Content (Maps)

Brainlancer grants the User a simple, non-exclusive, non-transferable right to use the App as intended for personal, non-commercial purposes. The source code remains protected; reverse engineering or decompiling is prohibited.

User-Generated Maps: The App allows Users to create custom learning maps (words, phrases, and progress trackers) and share them with others via a public link.

Review & Guidelines: Brainlancer reserves the right to review, approve, or reject any shared maps before or after they become publicly accessible. Users guarantee that their shared content does not violate any third-party copyrights, trademarks, or applicable laws. By sharing a map, the User grants Brainlancer the right to host and display this content within the App.

4. Premium Services & Subscriptions

The use of certain advanced features, learning tracks, or extended spaced-repetition algorithms may require the purchase of a fee-based subscription or one-time unlock (“Premium Services”).

App Store Processing: The conclusion of contracts for Premium Services and all payment processing are handled exclusively via the Apple App Store or the Google Play Store. The terms and conditions of the respective store operator apply.

Auto-Renewal: Subscriptions renew automatically unless cancelled through the User’s Apple or Google account at least 24 hours before the end of the current billing cycle.

Immediate Access: Upon commencement of the subscription, the User gains immediate access to the digital content. The User expressly agrees that the right of withdrawal expires upon the start of access to the digital content.

5. Withdrawal and Refunds

Since all Premium Services are purchased directly through the Apple App Store or Google Play Store, any statutory rights of withdrawal, cancellation, or refund requests must be exercised directly through the respective platform operator (Apple or Google) in accordance with their store policies. Brainlancer does not process refunds directly for in-app purchases.

6. Termination of Premium Services

Subscriptions run indefinitely and can be cancelled by the User at any time via their App Store settings. The cancellation will take effect at the end of the current billing period. The extraordinary statutory right of termination remains unaffected.

7. Limitation of Liability

Brainlancer is liable without limitation for intent, gross negligence, malice, or damage resulting from injury to life, limb, or health.

In the event of a slight negligence breach of an essential contractual obligation (cardinal obligation), liability is limited to foreseeable damages typical for this type of contract. Otherwise, liability on the part of Brainlancer is excluded.

8. Intellectual Property Protection

All default content within the App, including but not limited to texts, pre-made vocabulary lists, audio files, graphics, logos, and algorithms, is protected by copyright and belongs to Brainlancer. Any unauthorized reproduction or public display outside the intended App functionality is strictly prohibited.

9. Amendments to the Terms

Brainlancer may modify these Terms in the future due to legal changes or technical updates, provided such changes do not unreasonably disadvantage the User. Users will be notified of major changes via in-app notification or email at least 30 days before they take effect.

10. Miscellaneous

Brainlancer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

German law applies, excluding the UN Convention on the International Sale of Goods (CISG), unless mandatory consumer protection laws of the User's home country dictate otherwise.