Terms

Preamble

Scio Labs UG (haftungsbeschränkt) (hereinafter referred to as “Kwizz AI”) operates the Kwizz AI app. Users can upload materials and will receive automatically generated quizzes and question/answer tasks based on these materials from Kwizz AI GmbH. These Terms and Conditions form the basis for using the Kwizz AI app.

Scope of These Terms and Conditions

These Terms and Conditions govern the contractual relationship between Scio Labs UG (haftungsbeschränkt) (hereinafter referred to as “Kwizz AI”) and you (the user). They apply to the iOS app “Kwizz AI” and all subpages of the kwizz.ai website. By registering in the Kwizz AI app and using it, you agree to accept these Terms and Conditions of Use.

Use of the App

Kwizz AI assumes no liability for the learning content uploaded by users.
The materials provided by Kwizz AI are intended exclusively for private study and learning purposes. Distribution or sale of these materials to third parties is not permitted.
The right to download does not constitute a transfer or granting of any copyrights.
By uploading learning materials, you confirm that you have the right to use such content and that no copyright infringements are being committed.
Kwizz AI takes no responsibility for the legality of the uploaded materials.

Use of Paid Content and Features

Unless terminated in due time, subscriptions will continue after the expiration of any agreed minimum term. Explicitly time-limited subscriptions end at the agreed contract conclusion date unless otherwise agreed upon when the contract was formed.
Subscription fees for the billing period are always payable in advance. The length of your billing period depends on the type of subscription you chose when registering for the service. When purchasing paid content on Kwizz AI, the payment is due at the time of completing the order.
You may cancel your Kwizz AI subscription at any time and continue to use the Kwizz AI subscription until the end of your current billing period. If you used a third-party provider for payment when concluding your Kwizz AI subscription and wish to cancel, you may need to do so via that third-party provider. This may require accessing your account with the third party, disabling automatic renewals, or unsubscribing from Kwizz AI through their service. You may also be able to view billing information related to your Kwizz AI subscription through your account with that third party.
By making a payment within Kwizz AI, you enter into a service contract, namely a subscription for paid content and/or paid features.
If you order this service, you will be granted full access to the app (i.e., all features offered by Kwizz AI for learning content) within a reasonable time frame.
Payment transactions in Kwizz AI are processed exclusively via Kwizz AI or via third-party providers with whom Kwizz AI cooperates for payment processing (e.g., Apple).
Kwizz AI may, at its discretion, introduce usage fees for additional features in the future or convert free services into paid services at any time without prior notice and without providing a reason.
The price list valid at the time of contract conclusion applies to the respective subscription. The publisher makes the currently valid price list available in Kwizz AI. Subscription prices include the applicable statutory VAT. Any connection costs to the respective Internet or mobile network provider of the subscriber are not included.
The prices for a Kwizz AI subscription may change. Any changes to prices and our subscription offerings will only take effect in the next billing period after you have been notified of the change(s). Individual notifications are not required.
In the event of payment default, Kwizz AI is entitled, after issuing a reminder and setting a deadline, to terminate the delivery contract without notice. Any resulting damages, including reminder costs, are borne by the subscriber.
If the subscription you concluded is no longer offered, we reserve the right to convert your subscription into another subscription that remains available. You will be notified in this case and may still cancel at the end of the billing period. No additional costs will be incurred for you during the current billing period as a result of this change.

Free Trial Periods

Your Kwizz AI subscription may begin with a free trial period, the duration of which will be communicated during registration. This free trial period is intended to allow new and certain former members to test paid Kwizz AI features.
Kwizz AI will determine eligibility for a free trial period at its sole discretion and may restrict its availability or duration to prevent abuse. If we determine that you are not eligible for a free trial period, we reserve the right to revoke it and suspend your account. Members of households with an existing or recently terminated Kwizz AI subscription are not eligible. To verify eligibility, Kwizz AI may access information such as the device ID, payment method, or email address used for an existing or recently existing Kwizz AI subscription. Restrictions may apply if 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 cycle.

User Obligations

While using content provided by Kwizz AI, you are obligated to comply at all times with applicable laws and regulations. Therefore, you may not publish or make accessible via the Kwizz AI platform any content, materials, or information that violates laws or these Terms and Conditions. Reproduction, publication, or distribution of the content in any form is prohibited. You are not granted any copyrights in any form.
Misuse of the Kwizz AI content and services is prohibited. Misuse occurs, for example, if: i. Content is reproduced, published, or distributed for which a transfer of copyright would be required. ii. Racist, pornographic, sexist, offensive, violence-inciting, minority-oppressing, hate speech, or otherwise unlawful materials are uploaded or disseminated. iii. Advertising of any kind is distributed without a contractual agreement with Kwizz AI. iv. Unauthorized access is gained to third-party member accounts. v. Illegal or malicious actions are carried out. vi. Viruses or other forms of code are uploaded that affect the platform’s appearance or functionality. vii. Content containing misleading or untruthful information is disseminated.

Rights to User Content

When you upload lecture materials and any other documents to the platform, you retain your rights to the extent possible. Kwizz AI is granted a free right of use and exploitation, to the extent necessary for hosting and making the content publicly accessible on the platform, in particular for storing the content on the provider’s server and making it publicly available (by displaying the content on the platform).
You may only upload content to Kwizz AI that you have created yourself or are explicitly authorized to upload.
Kwizz AI is entitled to edit, store, accompany the uploaded content with third-party advertising, insert its own advertising and logos, and convert the content into other formats.
Kwizz AI may remove any user content from the platform at any time without giving reasons.
If you infringe on the intellectual property rights of a third party, Kwizz AI reserves the right to permanently delete your account.
You warrant that all documents and content comply with all legal requirements, in particular the Criminal Code, data protection laws, and other protective and personality rights.
If you remove content that you have posted to Kwizz AI, the previously granted right of use and exploitation to Kwizz AI expires. However, Kwizz AI remains entitled to retain copies created for backup and/or proof purposes.

Applicable Law and Jurisdiction

Kwizz AI is subject to the law of the Federal Republic of Germany.
These Terms and Conditions govern the contractual relationship between Kwizz AI and the user.

Right of Withdrawal

Withdrawal Policy

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform Scio Labs UG (haftungsbeschränkt), Am Neuen Markt 9E-F, 14467 Potsdam, [email protected] by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, though it is not required.

To meet the withdrawal deadline, it is sufficient that you send the notification before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, Kwizz AI shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by Kwizz AI), without undue delay and at the latest within fourteen days from the day on which Kwizz AI received your notice of withdrawal. For this reimbursement, Kwizz AI will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you requested that the services begin during the withdrawal period, you must pay Kwizz AI a reasonable amount corresponding to the proportion of the services already provided up to the time you notify Kwizz AI of the exercise of the withdrawal right with respect to this contract, compared to the full scope of the services envisaged in the contract.

Special Notes on Withdrawal

In accordance with Section 356 (4) of the German Civil Code (BGB), the right of withdrawal with respect to a service contract expires if the trader has fully performed the service and has only begun performance after you have given your express consent and acknowledged that you lose your right of withdrawal once the contract has been fully performed.
In accordance with Section 356 (5) BGB, the right of withdrawal for contracts involving the supply of digital content not stored on a physical medium also expires if Kwizz AI has begun performance of the contract after the consumer has i. expressly consented that the trader begin with the performance of the contract before the expiry of the withdrawal period, and ii. acknowledged that by giving this consent, he/she loses the right of withdrawal upon commencement of the contract’s performance.

Limitation of Liability

Kwizz AI is liable only for damages caused by willful misconduct or grossly negligent breach of duty by Kwizz AI or one of its legal representatives or agents. The same applies to culpably caused damages resulting in loss of life, bodily injury, or harm to health; damages caused by the absence of a guaranteed quality; or in cases of fraud.
In the event of slightly negligent breaches of duty (causing property or financial damage), Kwizz AI is only liable if essential contractual obligations have been violated. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contracting parties regularly rely. In such cases, liability is limited to the foreseeable and contract-typical damage. Kwizz AI is not liable for slight negligence in the violation of any other obligations.
Kwizz AI is not responsible for your learning success and assumes no responsibility for achieving any particular learning outcome.
Liability under the Product Liability Act remains unaffected.

Termination

The contractual relationship cannot be terminated early; it ends after one month for the monthly version and after six months for the semester version.
You are entitled to have your user account deleted by Kwizz AI at any time without stating reasons. To do so, simply send an email to [email protected]. Once received, Kwizz AI will endeavor to delete your account as quickly as possible. However, such deletion does not release you from any possible existing contractual payment obligations.

Changes to the Terms and Conditions of Use

The version of the Terms and Conditions valid at the time of registration shall form the basis of the usage contract.
However, Kwizz AI reserves the right to adapt these conditions if such changes are legally required, if new services necessitate changes that benefit you, or if changes are technically necessary. Kwizz AI also reserves the right to change these Terms and Conditions at any time without providing reasons or prior notice. Existing users will be notified of changes by email or upon their next login. If users do not object in writing to [email protected] within 14 days, this shall be considered consent to the new Terms and Conditions.