General Terms and Conditions for the use of card2brain

  1. Area of application
    1. The present General Terms and Conditions (referred to as GTCs in the following) regulate the usage of the online platform provided by webapps Burgdorf GmbH, Bahnhofstrasse 88, CH-3400 Burgdorf, including all subdomains (referred to as "card2brain" in the following) and the services based thereon.
    2. By registering with card2brain, the user accepts the present GTCs.
    3. The GTCs also apply to the use of the services for mobile devices.
  2. Object
    1. card2brain provides the user with services enabling the recording, learning, commentary and review of flashcards on the web. Apps are available for studying with mobile devices.
    2. In order to record, study, comment or review any contents online, the user must register with card2brain.
    3. There are two options for card2brain: Basic and Premium. The Basic account ist free of charge. For the Premium subscription the user pays an annual contribution.
  3. Rights and obligations of the user
    1. To register with card2brain certain user data are necessary. The users undertake to quote their user data truthfully and in full.
    2. Users must not use card2brain for their own or third-party commercial purposes of any kind unless card2brain has expressly granted them permission to do so.
    3. The user is bound to take an Enterprise license if he/she uses card2brain in a company, administration or privately run educational institutions for the purpose of securing knowledge, training, teaching or (continuing) education. The use of card2brain and any services based upon it requires licensing of all end users within the organisational unit card2brain shall be used in.
    4. The user is bound to take an Educational license if he/she uses card2brain institutionally at a public school or university without any commercial purpose.
    5. The user is bound…
      1. to give solely true and non-deceptive information in his/her profile and in his/her communication with other users and not to use pseudonyms or pen names,
      2. to transmit only photos of him/her which show the user and do not impinge upon a third parties' rights,
      3. to observe the applicable laws and all rights of third parties when using the contents and services of card2brain.
    6. When registering, the user chooses a password. The user is bound to keep his/her credential settings undisclosed. If the credential settings are lost or divulged to third parties the user shall immediatley inform card2brain which will disable the access and will provide the user with new credential settings. card2brain will neither communicate the password to third parties nor request the user to disclose his credential settings.
    7. The user shall ensure that any changes in his user data are reported immediately.
    8. The following actions by the user are prohibited:
      1. Publishing and disseminating contents that are considered obscene, offensive, reputation-damaging, shocking, pornographic, pestering, racist, xenophobic, or otherwise reprehensible according to the generally accepted view.
      2. Publishing and disseminating contents that could be an advertisement for third parties, in particular for sex, SMS or MMS services, private credits, remedies, alcohol or tobacco.
      3. Publishing and disseminating contents intended to inflict damage on third parties, for example an incitement to phishing, instructions how to create computer viruses, Trojan horses, spyware or the like.
      4. Molesting other users in unacceptable ways, especially by means of spam.
      5. Inciting others to violate these terms of use.
      6. Communicating in an insinuating or sexually affected manner (explicit or implicit).
      7. Publishing and disseminating protected material without agreement of the entitled person.
      8. Publishing and disseminating contents that are violating the rights of third parties, especially business secrets, patents, brands, copyrights or other rights of property.
  4. Rights and duties of card2brain
    1. In case user-provided content infringes upon legal prescriptions or these GTCs, card2brain is authorised to remove this content without warning.
    2. card2brain reserves its rights to modify or complement the offered services or to offer differing services.
    3. card2brain can technically not ascertain the identity of a user with complete certainty and does therefore not warrant the identity of the users.
    4. card2brain is authorised to block or to delete user accounts that have not been used for some time.
  5. Copyright
    1. card2brain respects the intellectual property of third parties. Should third parties consider that their work has been copied, disseminated or made accessible to the public without permission, card2brain has to be informed immediately. card2brain may then promptly delete the material in question.
    2. If rights of third parties are manifestly infringed, card2brain is entitled to pass on the author's last name, first name, and the e-mail address to the contesting party even without legal decision.
    3. card2brain does not take any responsibility or liability for losses or damage resulting from copyright infringements resulting from users. Some guidelines explaining how to deal with the copyright law you find here:
  6. Validity period and termination
    1. The validity period of the Basic account is unlimited. The user can delete his account at any time without stating the reason. The indication of the user name and the password is necessary for the deletion.
    2. Upon good cause shown, card2brain may immediately block the user account, delete the contents published by the user and block the access to the services of card2brain. A cause is regarded as good especially when the following incidents occur:
      1. Violation of legal prescriptions by the user.
      2. A user violating his duties, notably subsection 3 of the present GTCs.
      3. considerable damaging of card2brain's image in consequence of the contents prespositioned by the user.
      4. advertisement by the user for associations or communities – or their methods or activities – which are under observation of security or youth protection authorities.
      5. damage of other users.
    3. card2brain reserves its rights to give up the service offered. In this case, the user will be informed in good time and as soon as possible.
  7. Responsibility of the users for the contents
    1. card2brain neither assumes responsibility for contents, data, and/or information provided by the users, nor for contents of externally linked websites.
  8. Liability
    1. Should a user publish or make available any contents violating the law and the GTCs specified here, he will be bound to bear the damage and pay the costs resulting from it. The liability of card2brain for governmental measures shall be borne by the user responsible for the official intervention.
    2. card2brain is under no circumstances liable for contents, especially not for faults, incorrectnesses or incompletenesses relating to contents, and also not for losses or damages resulting from the use of a content published or otherwise transmitted within the scope of card2brain.
    3. card2brain is not liable for the temporary unavailability of the services, the failure of several or all operations or the functional disorders of card2brain.
  9. Indemnity
    1. The user indemnifies card2brain from all titles or claims assertet against card2brain due to an infringement of rights…
      1. by means of the contents placed on card2brain by the user or
      2. by using the services offered by card2brain.
  10. Data protection
    1. card2brain respects the privacy of the users. The regulations of the Swiss data protection legislation are observed when personal data is registered and edited.
    2. Details regarding the processing of user data are set in card2brain's privacy policy. They are part of these GTCs.
    3. Public sets of flashcards are automatically displayed in the library and other users can learn, rate and comment the cards.
    4. Private sets of flashcards are only accessible for the author himself and the users he/she explicitly invited as co-authors or fellow learners.
    5. In case of a downgrade to the Basic account, private sets of flashcards are still not displayed in the library.
  11. Premium and Teacher Subscription
    1. The Premium and Teacher subscriptions are single licences for private use – the Premium format is inteded for pupils and students, the Teacher format is intended for teachers who are using card2brain in their own classes. Both of the subscriptions are not intended for institutional use, for creating official school or comapany sets of flashcards, for training, teaching, apprenticeship or continuing education in a company, administration or in the commercial education sector, and also not for commercial use in the sense of publishing activities, for example to enhance teaching materials with any official sets of flashcards from the publisher's.
    2. Prices for the Premium and Teacher subscriptions are quoted in Swiss francs (CHF) including legal value-added tax (VAT).
    3. When a user newly registers for a Premium or Teacher subscription, he is given a free 30-day trial subscription without any indication of a means of payment. Unless the user extends the subscription actively, it simply runs out after the trial period (= downgrade to Basic). During the 30-day period of this trial subscription, the user may go back and forth between Premium and Teacher. The following principle applies: 1 Premium day = 1 Teacher day.
    4. The fee for a Premium or Teacher subscription is due in case of an upgrade or renewal of the subscription. If the user purchases his subscription on the web, card2brain will always bill the following 12 months. In the card2brain apps, both formats can also be purchased for either 3 or 6 months. If the user renews his subscription at an early stage, the remaining period will always be taken into account for the new subscription. If the user switches from Premium to Teacher during the ordinary period of a chargeable subscription, the remaining period will be taken into account in proportion to the price difference.
    5. In case of payment by credit or PostFinance card on the web, the Premium and Teacher subscriptions are automatically extended by another year. Users may disable the automatic renewal at any time and ad infinitum if they do not want their means of payment to be debited automatically. For all other payment methods (PayPal, Twint, In App Purchase), card2brain does not offer automatic renewal, i.e., without any active extension, the subscription simply runs out (= downgrade to BASIC). Regardless of the user's choice of the payment method, he will be reminded of his subscription status or upcoming payments 5 days before expiry via e-mail.
    6. A subscription can be cancelled at any time. The cancellation takes effect immediately and amounts to a downgrade to the Basic account.
    7. Downgrading to the Basic account is possible at any time, comes into effect immediately and means that the Premium and Teacher features are no longer available to the user.
    8. A downgrade to the Basic account is possible at any time and takes effect immediately. In case of a downgrade to Basic the users bear in mind that…
      1. they will not receive a refund for the idle term of their subscription,
      2. their private sets of flashcards remain private and will not be displayed in the library,
      3. that they can neither edit nor share their private sets of flashcards until the next upgrade,
      4. that their co-authors lose the write permission.
    9. Teacher subscribers should consider that …
      1. a user they assign the "Admin" authorisation to at the set of flashcards level can only exercise his rights as an admin as long as he has a Teacher subscription,
      2. a user they assign the "Admin" or "Teacher" role to at the group level can only exercise his respective rights as long as he has a Teacher subscription.
      3. that their groups will be deactivated in case of a downgrade and that the members will lose access to those.
  12. Educational and Enterprise Licenses
    1. Institutional users take a license for their end users by means of an Educational or Enterprise license.
    2. card2brain Educational is intended for use by public educational institutions without any commercial purpose.
    3. card2brain Enterprise is intended for use by companies, administrations and privately run educational institutions.
    4. card2brain Educational and card2brain Enterprise are volume licenses that may be purchased in packages grouped by a maximum number of users. The price is calculated according to the size of the package and the billing period and is quoted in Swiss francs (CHF) including legal value-added tax (VAT).
    5. With card2brain Educational and card2brain Enterprise, teachers within an organisational unit dispose of all Premium and Teacher features, and the students dispose of all Premium features.
    6. Institutional users may try out card2brain Enterprise and card2brain Educational for free during 30 days. Without notice during the trial period, the license fee for the selected billing period is due after 30 days.
    7. Without notice while the license is regularly valid, an Educational or Enterprise license will automatically be extended by the length of the selected billing period. card2brain discloses the size of the next bill, the date of payments due and the selected type of payment in the admin cockpit of the school or company account.
    8. Unless otherwise agreed, card2brain provides support to the admins of a user institution and the user institution provides support to their end users.
    9. Educational and Enterprise customers may call on a 1-hour free go-live support from card2brain once. Any additional support effort will be reported on a monthly basis and will be invoiced for payment within 30 days.
    10. In the event of termination, Educational and Enterprise customers bear in mind that all relationships between persons, groups and sets of flashcards of a school or company are deactivated and that immediately, only the free Basic offer is available to the members. Please also refer to k, viii for information on the consequences of downgrading to Basic.
  13. Security Measures to Prevent Fraud
    1. In order to prevent any misuse and fraud, card2brain may check the validity of the credit card information you provided for payment by performing a test transaction. That is, card2brain may debit an amount between CHF 0.10 and CHF 0.99 from the credit card on file and immediately credit exactly the same amount back again. Additionally, you will receive a request to verify and confirm the amount debited from the credit card, to ensure you really are in possession and control of the credit card account you indicated. card2brain will not perform any transactions other than this test transaction to check for fraud, and the debiting of the annual contribution for your subscription. By providing card2brain with your credit card information, you automatically authorise card2brain to perform a test transaction in the amount of less than CHF 1.00 to verify your credit card.
  14. Final clauses
    1. card2brain reserves its rights to revise thes GTCs at any time.
    2. Should several regulations of these GTCs be or become invalid, the validity of the residual regulations remains unaffected.
    3. The place of fulfilment is card2brain's domicile.
    4. The place of jurisdiction is Burgdorf, Switzerland.
    5. All privity of contract bewteen the user and card2brain is subject to Swiss law.

  15. As of june 2017