General Terms and Conditions

This application is offered by:
Studyflash GmbH (hereinafter Studyflash) - Kräyigenweg 89, 3074 Muri bei Bern, Switzerland.
E-mail address of the provider: team@studyflash.ch

Studyflash develops and offers solutions for the automated creation of learning materials. In this regard, a learning platform is provided on which users can upload their lecture notes, automatically receive flashcards and in turn learn them on the platform.

These General Terms and Conditions (GTC) apply to

• the use of the service as well as the access to this application, and

• any other legally binding agreement or legal relationship with the provider that is related to it.

By registering on the Studyflash platform and using it, you are required to agree to the TOS.

Applicable Law

These GTC are subject to Swiss law.

Account Creation

1. In order to use the platform, users must register or create a personal account. For this purpose, all required data must be provided correctly. It is the responsibility of the user to keep the access data secure and confidential. By registering, the user agrees to be responsible for all activities that take place in connection with his username and password.

2. If there is a suspicion that personal information has been stolen or unlawfully disclosed, users are obliged to inform the provider immediately using the contact details provided.

3. The provider reserves the right to block or delete user accounts at its own discretion and without prior notice if it considers them inappropriate, offensive or in violation of the terms and conditions. The user has no right to compensation, damages or refund due to blocked or deleted user accounts.

Use

1. Studyflash is not liable for the uploaded materials of users.

2. By uploading learning materials, users assure the platform that they have rights of use to the learning materials they upload and that they are not committing copyright infringement.

3. By uploading their own content in this application, users grant the provider a non-exclusive, free of charge, irrevocable right to access, use, store, copy, modify, distribute, publish, create derivative works from, broadcast, transmit or otherwise exploit the content for the purpose of providing their own service and promoting it in any media and in any manner.

4. Users may use the content only to the extent necessary or appropriate for the proper use of the service. In particular, users are not permitted to reproduce, download or transfer the content to third parties.

5. The contents and services of Studyflash may not be misused.

6. Users assume responsibility for all materials they upload to or distribute or make available through this platform. Users acknowledge and agree that the Service Provider has no obligation to screen or filter such materials.

7. Studyflash reserves the right to delete all user content on the platform without giving reasons.

Service Interruptions

In order to ensure optimal service, Studyflash reserves the right to pause the Service for maintenance, system updates or other adjustments. In accordance with the law, the Service Provider may also suspend or terminate the Service completely. In the event of a Service suspension, the Service Provider will allow Users to back up personal data or information in accordance with applicable law. In addition, the Service may be unavailable for reasons beyond the control of the Service Provider (so-called force majeure) (eg infrastructure problems, etc.).

Paid content

1. Creation of learning content is generally subject to a fee. Users subscribe to services that enable them to convert uploaded lecture notes into flashcards and utilize additional functions. 

2. 1.1. Users who have purchased "Tokens" under the previous pricing model may continue to use these for the creation of learning materials. However, converting tokens back into their monetary value is still not possible. Unused Tokens expire 12 months after purchase.

3. Studyflash offers subscriptions with varying contract durations. The billing period depends on the selected subscription. Fees for the billing period are paid in advance.

4. Subscriptions may be canceled at any time before the end of the contract term, and the subscription may continue to be used until the end of the contract term.

5. Subscriptions automatically renew at the end of the contract term if not timely canceled.

6. If subscription fees are not paid, Studyflash is entitled to suspend the service contract. After unsuccessful warning and a reasonable grace period, Studyflash is entitled to terminate the service contract without further notice.

7. If the subscription was paid through a third-party provider (eg, Stripe) at the time of contract conclusion, cancellation or management of the subscription may need to be done through the third-party provider.

8. Studyflash may change the offered subscriptions without prior warning. If the subscription you have completed is no longer offered, we reserve the right to convert your subscription to one that is still available. This is generally only done after prior notification. Cancellation at the end of the billing period is still possible.

9. Prices valid at the time of contract conclusion apply. Unless stated otherwise, these include VAT. Prices may change. Price changes take effect at the next billing period after prior notification. Individual notifications are not required.

10. Studyflash reserves the right to charge for additional features in the future, to convert free services to paid services, and to change the pricing model.

11. Studyflash may offer certain functionalities free of charge during trial periods, allowing users to try these features. The duration, extent, and configuration of these trial periods are entirely at the discretion of Studyflash. There is no legal claim to them.

12. Information about available payment options is provided during the ordering process. Some payment options may only be accessible under certain conditions or for additional fees. All payment transactions are conducted through external providers.

Fair Usage Policy

Our subscriptions enable unlimited uploading of documents for automated flashcard creation. However, to ensure fair usage and prevent abuse, this offer is subject to a Fair Usage Policy. The internal maximum of processed documents is set so that users can easily process the material of a semester. This cap serves to secure system integrity and service quality for all users, as well as to control costs. Should this limit be reached, the ability to upload further documents will be temporarily restricted, and no additional documents can be uploaded. Customers who reach their limit are invited to contact us to request reactivation for further uploads. This measure ensures continuous and fair access to our services for all users.

Promotions and Discounts

Studyflash may provide discounts or special offers for the purchase of products. These offers and discounts are always subject to the terms and conditions listed in the relevant section of this Platform.

Vouchers

Offers and discounts may be based on vouchers.
If the conditions applicable to vouchers are violated, Studyflash has the right to lawfully refuse its contractual obligations and reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the following terms and conditions, any additional or different rules for the use of vouchers stated on the relevant information page or on the voucher itself shall always prevail.

Unless otherwise stated, the following rules apply to the use of vouchers:

• Each Voucher is valid only if used in the manner and within the time period specified on the Platform and/or the Voucher;

• A voucher may only be redeemed once and in full at the time of purchase - partial use is not permitted;

• otherwise stated, single use vouchers may only be used once per purchase;

• Vouchers may not be used in combination;

• The voucher must be redeemed within the period stated in the offer. After the expiry of this period, the voucher will automatically expire and exclude any possibility to claim the rights resulting from the voucher, including a payout.

• Users are not entitled to a credit/refund/compensation if there is a difference between the value of the voucher and the amount redeemed;

• The voucher is for non-commercial use only. Any duplication, imitation and commercial handling of the voucher are prohibited.

Refer a Friend

ith this Platform, Users have the opportunity to obtain benefits when a new User referred by them purchases a Product offered through this Platform.

In this context, Users may encourage third parties to purchase products through this Platform by sending them an "Invitation Link" provided by the Service Provider. If an Invited Person purchases a Product through this Platform using the Invitation Link, the Inviting User will receive the corresponding benefit or advantage (eg, a discount, an additional feature, an upgrade, etc.). The exact details of the benefits provided can be found on the platform. Studyflash reserves the right to terminate the offer at its sole discretion and at any time.

There are no restrictions on the number of people who can be invited. However, there could be limitations on the amount of benefit or advantage that each inviting user can receive.

Liability

1. Studyflash shall be liable exclusively for damages in which intent or a grossly negligent breach of duty by Studyflash or one of its legal representatives or a vicarious agent was the cause of the damage.

2. Studyflash is not responsible for the learning success of the users and accordingly rejects any associated liability claims.

3. Users are responsible for checking the completeness and correctness of the learning content created by Studyflash and for revising the learning content accordingly. Studyflash does not guarantee the passing or grading of exams and disclaims any associated liability claims.

4. Users definitely waive all possible claims against Studyflash regarding the failure to pass exams or the grading of exams.

5. The liability of Studyflash is limited to the amount of the user purchase.

Right of Withdrawal

Unless there are exceptions, the user may revoke the contract within 14 days without giving any reason. Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They can revoke the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below. For users who are not acting as European consumers, the rights set out in this section do not apply. 

Exercise

In order to exercise their right of withdrawal, users must provide Studyflash with a clear statement indicating their decision to withdraw.

Users may use the attached sample revocation form for this purpose. However, users are free to communicate their decision to revoke by means of a clear declaration in another suitable manner. In order to comply with the withdrawal period, the user must send the declaration of withdrawal before the withdrawal period expires.

The withdrawal period ends 14 days after the day of the conclusion of the contract for the purchase of digital content that is not provided on a physical medium, unless the user has waived his right of withdrawal.

Effect

Users who lawfully revoke a contract will be refunded all payments received from the Service Provider, including any delivery costs related to that very contract. However, the Service Provider shall not be obliged to refund any additional costs if the User has opted for a delivery method other than the cheapest standard delivery offered by the Service Provider.

The refund shall be made without undue delay and no later than 14 days after the day on which the Service Provider was informed of the User's decision to withdraw from the Contract. The refund shall be made using the same means of payment that the User used in the original transaction, unless expressly agreed otherwise with the User.

Sample of the Withdrawal Form

Please send us this form by e-mail.

With this notification, I (costumer name: ___________________________) revoke the contract I concluded for the provision of the following service ___________________________. The service was ordered on the ____________, I received the service on the ____________.

Address of the consumer: ___________________________.

Privacy Policy

To learn more about the use of their personal data, users can view the privacy policy of this platform.

Modification of the Terms and Conditions

Studyflash reserves the right to change or modify these Terms and Conditions at any time. In such cases, the Service Provider will provide the User with reasonable notice of such changes. By continuing to use the Service, User agrees to be bound by the modified Terms and Conditions. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. If the revised terms and conditions are not accepted, either party may terminate the contract. The relationship prior to the User's acceptance of the changes shall be governed by the applicable prior terms and conditions.

Salvatory Clause

If any provision of these Terms of Use is held to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

EU Users

If any clause of these Terms of Use is deemed to be invalid or void, or is deemed to be so invalid or void, the parties will do their best to reach an agreement on valid and enforceable clauses in an amicable manner, thus replacing the invalid, void or unenforceable parts.

Otherwise, the invalid, void or unenforceable clauses shall be replaced by the applicable legal provisions, if permitted or provided for under applicable law.

Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any individual clause of these Terms of Use shall not invalidate the entire Agreement, unless such clause is essential to the Agreement or is of such importance that the parties would not have entered into the Agreement had they knew of his invalidity. If the remaining clauses would cause undue hardship to one of the parties, the invalidity of the individual clause will result in the invalidity of the entire contract.

Users from the USA

Any clause deemed invalid or unenforceable shall be interpreted and modified to be effective, enforceable and in accordance with the original intent. These Terms of Use constitute the entire agreement between the Users and the Service Provider with respect to the subject matter hereof and shall take precedence over all prior communications between the parties with respect to the same subject matter, including any prior agreements.

These Terms of Use shall be enforced to the fullest extent permitted by law.