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General Terms and Conditions

  1. 1. Area of application

    1. These General Terms and Conditions (referred to as "GTC" of "card2brain" in the following) regulate the use of the web platform card2brain.ch provided by webapps Burgdorf GmbH, Bahnhofstrasse 88, 3400 Burgdorf and the associated apps, the user can download from Google Play and the App Store.
    2. By registering with card2brain, the user accepts these GTC.

  2. 2. Object

    1. card2brain provides services the user can create, learn, comment and evaluate digital flashcards (also referred to as "content" in the following).
    2. To create, learn, comment and evaluate digital flashcards, the user must register with card2brain.
    3. In addition to text, the digital flashcards on card2brain may also contain images and audio files as well as links to external websites.
    4. The Basic account of card2brain is free of charge. Premium and Teacher subscriptions as well as the multi-user licenses card2brain Educational and card2brain Enterprise are fee-based offers.
    5. Publishing and educational partners of card2brain (referred to as "partners" in the following) provide quality proofed flashcards on the platform. Some of this flashcards are pay content. To download and learn pay content, the user needs to open at least a free Basic account.

  3. 3. Rights and obligations of the user

    1. Registration with card2brain requires certain user details. The user is obliged to provide complete and truthful information and to adjust this information on his profile at card2brain in the event of changes.
    2. The User is obliged to respect all applicable laws and the rights of third parties when using card2brain.
    3. The User is obliged to obtain the consent of card2brain if he wishes to use the flashcard platform for his own or third-party commercial purposes. This applies in particular to the sale of digital flashcards and the use of the platform for advertising purposes.
    4. The user is obliged to purchase an Enterprise license if he uses card2brain in a company, administration or a private educational institution for the purpose of education or training.
    5. The User is obliged to purchase an Educational license if he uses card2brain institutionally at a public, non-commercial school or university.
    6. 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. Inciting others to violate these terms of use.
      5. Communicating in an insinuating or sexually affected manner (explicit or implicit).
      6. Publishing and disseminating protected material without agreement of the entitled person.
      7. Publishing and disseminating contents that are violating the rights of third parties, especially business secrets, patents, brands, copyrights or other rights of property.

  4. 4. Rights and duties of card2brain

    1. card2brain is entitled to delete the content posted by the user without prior notice if it violates legal regulations or these GTC.
    2. card2brain reserves the right to change or supplement the services offered or to offer different services.
    3. card2brain cannot technically determine the identity of a user with certainty and therefore does not guarantee the identity of the users.
    4. card2brain is entitled to block or delete user accounts that have not been used for a longer period of time.

  5. 5. Copyright

    1. card2brain respects the intellectual property of third parties. If third parties consider that their works have been reproduced, distributed or made publicly accessible on the card2brain Platform without authorization, card2brain must be informed immediately. card2brain is entitled to delete the material concerned immediately.
    2. If the rights of third parties are obviously infringed, card2brain is entitled to pass on the surname, first name and e-mail address of the creator to the contesting party even without legal decision.
    3. The user does not assert any rights to his content publicly posted on card2brain. This does not apply to authors and organizations that assert their copyrights within a partnership with card2brain and can communicate them via a copyright notice.
    4. The User retains the copyright to his content posted privately on card2brain, insofar as it is his own work.
    5. The publication of excerpts from protected texts is subject to general citation rules.
    6. Corresponding fields are available on the image and audio upload for referencing Creative Commons licenses.
    7. The user is responsible for all content that he creates, copies or uploads to card2brain. card2brain assumes no responsibility or liability for any loss or damage resulting from the publication of copyrighted texts, images or audio files by the user. A guide to the correct handling of copyright can be found here: https://card2brain.ch/info/copyright
    8. card2brain does not assert any rights to the content posted by the user.

  6. 6. Responsibility for user content

    1. card2brain only offers the technical service for creating, learning and sharing the digital flashcards and assumes no responsibility for the content created, copied or uploaded by the user, including the source, copyright and license information on this content, and for the content of linked external websites.
    2. It is not possible for card2brain to constantly check the content for correctness or possible legal violations and therefore this does not take place.

  7. 7. Validity period and termination

    1. The validity period of the Basic account is unlimited. The user can delete his account at any time without giving reasons. When deleting, the user name and password must be entered.
    2. If there is an important reason, card2brain may immediately block a user's account, delete the content published by the user and withdraw the user's access to the services of card2brain. In particular, the following events are considered important reasons:
      1. Non-compliance with legal regulations by the user.
      2. Breach of the user's obligations, in particular of section 3 of these GTC.
      3. Significant damage to the image of card2brain by the content provided by the user.
      4. Advertising by the user for associations or communities - or their methods or activities - that are monitored by security or youth protection authorities.
      5. Damage to other users.
    3. card2brain reserves the right to no longer offer its services. In this case, the user will be informed within a reasonable period of time and as early as possible.

  8. 8. Liability

    1. Should a user publish or make available any contents violating the law and the GTC 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 with card2brain.
    3. card2brain is not liable for the temporary unavailability of the services, the failure of several or all operations or functional disorders of card2brain.

  9. 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. 10. Data protection

    1. card2brain respects the privacy of users. Personal data is processed in accordance with the Swiss Data Protection Act and, if and to the extent applicable, with the EU General Data Protection Regulation (GDPR).
    2. Details on the processing of user data are documented in card2brain's privacy policy, which is part of these GTC: Privacy Policy
    3. card2brain reserves the right to process the data that the User transmits to card2brain during registration in order to provide information about additional services, new functions and content as well as prize draws at card2brain.
    4. Public flashcards are automatically displayed in the library and can be studied, evaluated and commented by all users.
    5. With the exception of the flashcards published by partners, all public flashcards can be copied by all users.
    6. Private flashcards are only visible to the creator and persons invited by the creator as co-authors or co-learners.
    7. Private flashcards can only be copied by the creator and persons invited by the creator as co-authors.
    8. When downgrading to the Basic plan, the user's private flashcards remain private.

  11. 11. Premium and Teacher Subscription

    1. Premium and Teacher subscriptions are individual licenses for personal use - the Premium plan is designed for pupils and students, the Teacher plan for teachers who use card2brain in their own classes. Both subscriptions are not for institutional use, not for the creation of official school or company flashcards, not for the purpose of education or training in a company, administration or in the commercial education sector and also not for commercial use by professional publishers, for example to enrich existing teaching materials with official publisher flashcards.
    2. The prices for the Premium and Teacher subscription are inclusive of VAT.
    3. When registering for a Premium or Teacher subscription, the user receives a free, 10-days trial subscription, that simply expires without active renewal (= downgrade to Basic). During the 10-day term of this trial, the user can switch freely 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 when upgrading and renewing a subscription. card2brain always bills for the next 12 months. If the User renews his/her subscription early, the remaining term will be credited to the new subscription. If the User switches from Premium to Teacher or vice versa during the term of a paid subscription, the remaining term will be credited in proportion to the price difference.
    5. If the user registers his/her payment details when purchasing the subscription on the web, without cancellation Premium and Teacher plans are automatically renewed for a further year. In case of an upgrade with a payment method that card2brain cannot register, and in the case of an in-app purchase, there are no recurring direct debits. This means that the subscription simply expires without an active extension (= downgrade to BASIC). Regardless of the payment method, users receive an e-mail 5 days before expiration to remind them of the status of their subscription or upcoming direct debits.
    6. In case of a downgrade to the Basic plan, the user acknowledges...
      1. that he can no longer edit his private flashcards.
      2. that his co-authors will lose the right to edit his private flashcards.
    7. The Teacher subscriber acknowledges...
      1. that another user to whom he assigns “admin” rights on his flashcards can only exercise these rights as long as this user has a Teacher subscription.
      2. that another user to whom he assigns the role of “admin” or “teacher” on a group can only exercise the corresponding rights as long as this user has a Teacher subscription.
      3. that his groups will be deactivated in the event of a downgrade and the members will lose access to the content in these groups.

  12. 12. Educational and Enterprise Licenses

    1. Institutional users license their end users with an Educational or Enterprise license.
    2. card2brain Educational is designed for use by public, non-commercially oriented educational institutions.
    3. card2brain Enterprise is designed for use by companies, administrations and privately run educational institutions.
    4. card2brain Educational and card2brain Enterprise are volume licenses that can be purchased in graduated packages for a maximum number of users. The price per year is calculated according to the package size and is quoted exclusive of VAT.
    5. With card2brain Educational and card2brain Enterprise, teachers within an organizational unit have Teacher licensing and students have Premium licensing.
    6. Institutional users can test card2brain Educational and card2brain Enterprise free of charge for 30 days.
    7. Without cancellation during the current billing period, an Educational or Enterprise license will be automatically renewed. The admin of the school or company account can check the amount of the next invoice, when payment is due and which payment method is selected at any time by logging into his account. Notice of cancellation must be submitted in writing and before the due date of the next invoice, either by e-mail to info@card2brain.ch or info@webapps.ch, or by letter to webapps Burgdorf GmbH, Bahnhofstrasse 88, 3400 Burgdorf. The date of receipt of the letter shall apply.
    8. Unless otherwise agreed, card2brain shall provide support to the admins of an institution and the institution shall provide support to its end users.
    9. Educational and Enterprise customers can take advantage of 1 hour of free go-live support from card2brain. Any additional support costs will be charged monthly and invoiced with a payment term of 30 days.
    10. Cancelling an Educational or Enterprise account, customers acknowledge that the relationships between persons, groups and flashcards of a school or company will be deactivated and the members will be reset to the free Basic plan with immediate effect.

  13. 13. Partner and pay content

    1. Partners may place quality proofed flashcards on card2brain under their name/brand. The services and conditions of the partnership are governed by a contract between the partner and card2brain.
    2. Partners can make flashcards publicly available on card2brain and thus free of charge for all users of card2brain.
    3. Partners may sell flashcards via the web platform of card2brain.
    4. Partners can generate activation codes on their pay content.
    5. Each registered user can activate the pay content of partners for learning via online payment or activation code.
    6. With the online payment or the redemption of an activation code, card2brain users acquire the right to learn the pay content in the services of card2brain (web and mobile apps). If the flashcards are approved for printing by the partner, the users also acquire the right to export them in PDF format via the print function of card2brain.
    7. The partner determines whether the print function of card2brain is available to the users on its content. The partner shall indicate whether the flashcards are released for printing in the detailed information on the product. The release for printing applies regardless of the user's subscription status.
    8. The right to learn payed content is valid for an indefinite period, for at least four years and is not transferable.
    9. The User is not authorized to reproduce content from partners or to pass it on to third parties.
    10. All copyrights to the partners' flashcards remain with the partners or the respective authors. This also applies in particular to the flashcards that the partners make available to users free of charge.

  14. 14. 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.

  15. 15. Final clauses

    1. card2brain reserves the right to amend these GTC at any time. A new version shall apply as soon as it has been communicated to the user by publication on the website of card2brain.
    2. Should individual regulations of these GTC be or become invalid, this shall not affect the validity of the remaining regulations.
    3. The place of fulfilment is card2brain's domicile.
    4. The place of jurisdiction is Burgdorf, Switzerland.
    5. All legal relationships between the User and card2brain are subject to Swiss law.
As of October 2024