Flashside Terms of Service

1. Terms

By accessing our app, Flashside, or the Flashside website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Flashside. The materials contained in Flashside are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to download and use Flashside on devices you own or control for personal, non-commercial purposes. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained in Flashside;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CQUELLE GmbH at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Free use and Flashside Plus

Learning with Flashside is free of charge: creating, studying, synchronising and sharing your collections does not require a purchase. Flashside Plus is an optional subscription that adds extra features on top of the free offering.

Flashside Plus currently includes read-aloud with natural-sounding voices, translation while you write cards, quizzes generated from your collections, suggestions for cards you keep getting wrong, a weekly coach note with explanations of why you missed a card, and cards or a quiz made from a photo. The Plus page in the app always shows what Plus currently includes.

Plus is linked to your Flashside account, not to a device. You need to be signed in to subscribe and to use Plus, and your subscription applies wherever you are signed in to that account.

Plus is bought as an in-app subscription in the app store of your device. The app store you subscribed through handles payment and billing, and its own terms apply to the purchase. The price and the billing period are shown in that store before you confirm, and nothing is charged without your confirmation. The subscription renews automatically at the end of each billing period until you cancel it. You manage renewal and cancellation in the subscription settings of that app store, and refund requests are handled by that store under its own rules. Deleting the app or your Flashside account does not cancel the subscription.

Signed-in learners without a subscription can use some Plus features a limited number of times each month at no charge; the app shows how many free uses remain. All Plus features, including these free uses, are subject to fair-use limits, for example on the size of a single request, the number of cards a feature works on at once, and how much one account can use per day and per month. The limits are shown in the app when they apply.

Several Plus features use artificial intelligence to produce suggestions, translations, explanations, quizzes and cards. AI-generated content can contain mistakes. Check it before you rely on it; you decide what to keep in your collections. The coach helps you plan and practise, but it never answers for you, and it does not guarantee any learning or exam result.

To provide a Plus feature, the content it works on, such as the text of a card or a photo you choose, is sent to our service providers. The Privacy Policy explains what is sent, to whom, and how long it is kept.

CQUELLE GmbH reserves the right to change, limit or discontinue any part of the free offering. Where a change materially affects your use of Flashside, we will give reasonable notice in the app. Your own collections, cards and study history are stored on your device and are not withheld from you when a feature changes.

4. Your account and communications

An account is optional. Flashside works without one; an account adds synchronisation and sharing across devices and the web. You are responsible for keeping your credentials confidential and for all activity under your account. You may delete your account at any time from the app or the website.

To operate the Service we send service messages to the email address of your account when they are needed: registration confirmation, password reset, security notices and notice of material changes to these terms or to the Privacy Policy. These messages are part of the Service and are not marketing.

Marketing emails about new features, learning tips and offers are sent only if you have opted in. You can opt in or out at any time in the app under Account → Email preferences, in your profile on the website, or through the unsubscribe link contained in every marketing email. Opting out never affects your ability to use Flashside.

5. Disclaimer

1. The materials within Flashside are provided on an 'as is' basis. CQUELLE GmbH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, CQUELLE GmbH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Flashside or otherwise relating to such materials or on any sites linked to Flashside.

6. Limitations

In no event shall CQUELLE GmbH or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Flashside, even if CQUELLE GmbH or a CQUELLE GmbH authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Nothing in these terms limits liability for intent, gross negligence, or injury to life, body or health.

7. Accuracy of materials

The materials appearing in Flashside could include technical, typographical, or photographic errors. CQUELLE GmbH does not warrant that any of the materials in Flashside are accurate, complete or current. CQUELLE GmbH may make changes to the materials contained in Flashside at any time without notice. However CQUELLE GmbH does not make any commitment to update the materials.

8. Links

CQUELLE GmbH has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CQUELLE GmbH of the site. Use of any such linked website is at the user's own risk.

9. Changes to these terms

CQUELLE GmbH may revise these Terms of Service. When a change is material we announce it in the app and ask signed-in users to review and accept the new version before they continue to use their account. If you do not accept, you can keep using Flashside without an account, and you can delete your account. Using Flashside without an account after a revised version takes effect means you accept the revised terms. The current version is always available in the app and at flashside.app/terms.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany. To the extent permitted by law, the place of jurisdiction is Hamburg, Germany. If you are a consumer, the mandatory consumer protection provisions of the country in which you live remain unaffected.

Contact

CQUELLE GmbH
Erdkampsweg 70a
22335 Hamburg
Germany

Managing director: Eugen Yamamoto
Commercial register: Amtsgericht Hamburg, HRB 159619
VAT ID: DE327083331

Email: welcome@cquelle.com
Website: www.cquelle.com

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