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General Terms and Conditions

The following terms of use apply to the use of the Knowunity platform, which is offered and operated by us, Knowunity GmbH, Rosenstr. 16, 10178 Berlin. They apply to all users of Knowunity. For users who wish to upload learning content (Knows) to Knowunity as so‑called “Knowers”, the Special Terms of Use for Knowers also apply.

1. Subject matter, scope, and additional app store terms

1.1 Knowunity is a learning platform (website and apps for Apple and Android) for students, offering school materials and learning content for school grades 5 through 14, tutoring services and opportunities to interact with other students. It includes in particular academic documents and learning content as well as background information uploaded by members of the Knowunity community (so‑called “Knowers”). Knowunity offers both free and paid content and features. As the provider of a learning platform, Knowunity GmbH does not owe you any learning success, nor the monitoring of learning progress or outcomes.

1.2 This document contains the General Terms of Use and forms the legal basis for the use of Knowunity by students (hereinafter referred to as “users”), including Knowers who upload learning content to Knowunity. They apply in their respective current version, must be expressly accepted during registration and when booking paid offerings, and they form the basis for using the Knowunity offering.

1.3 For Knowers, i.e., users who wish to upload learning content to Knowunity, the Special Terms of Use for Knowers also apply; Knowers must accept these separately before uploading content.

1.4 When downloading the Knowunity app and for purchases via the Apple App Store, the Apple General Terms and Conditions apply in addition to these Terms, available here: http://www.apple.com/legal/internet-services/itunes/de/terms.html.

1.5 When downloading the Knowunity app and for purchases via the Google Play Store, the Google Play Store Terms of Service apply in addition to these Terms, available here: https://play.google.com/intl/ALL_de/about/play-terms/.

1.6 These Terms apply to users who register for the German‑language version of Knowunity.

2. Minimum age, registration and consent of your parents or legal guardians

2.1 Using Knowunity requires prior registration. If you are younger than seven years old, you unfortunately may not register with Knowunity and therefore cannot use the offering yourself.

2.2 If you are at least seven years old but not yet 18, your parents or legal guardians must expressly agree to your registration, even if you only wish to use the free content on Knowunity.

3. Paid content (“Knowunity Pro”)

3.1 Knowunity offers a variety of school documents, tools and learning content as well as background information that you can use free of charge. In addition, Knowunity offers functionalities that require a paid subscription (“Knowunity Pro”) (e.g., printing, offline mode, etc.). You may only take out this subscription if you are 18 yourself or, if you are between 7 and 18, your parents or legal guardians have expressly agreed. Booking Knowunity Pro does not change that your use of Knowunity itself is free. You only pay for the additional features included in Knowunity Pro, such as downloads and offline mode.

3.2 The scope of services and current prices for Knowunity Pro are shown on the Knowunity Pro page. The contract can be concluded via the Knowunity website or via the Knowunity app as an in‑app purchase. Fees are payable monthly.

3.3 To book Knowunity Pro on the Knowunity website, the order form requires the name and email address of the ordering parent or legal guardian, the name of the child, and payment information (direct debit, credit card, instant transfer). You must then accept the current terms of use and indicate whether you consent to the waiver of the right of withdrawal (see clause 4). The contract is concluded by clicking “Pay now”. Before clicking, you can correct your entries. After completing the subscription, you will receive a confirmation email including the current Terms, which you can save or print.

3.4 Alternatively, Knowunity Pro can be booked via in‑app purchase. Information about in‑app purchases with Apple can be found here: https://support.apple.com/de-de/HT202023 and for in‑app purchases in the Google Play Store here: https://support.google.com/googleplay/answer/1061913?hl=de.

3.5 For term and termination see clause 10.

4. Right of withdrawal and lapse of the right of withdrawal

4.1 KNOWUNITY (free): The full withdrawal policy can be found here. Please note: When concluding the free contract, the right of withdrawal expires immediately after successful registration, because we immediately grant access to Knowunity and enable its use, i.e., we begin providing our services (section 356 (5) no. 1 BGB – German Civil Code).

4.2 KNOWUNITY PREMIUM (paid): The full withdrawal policy can be found here. Please note: When concluding the paid contract (Knowunity Pro), the right of withdrawal lapses early after you – being aware of the lapse of the right of withdrawal and with the consent of your parents or legal guardians – have expressly agreed that we provide the paid offering immediately, and we do so. In our confirmation email we will confirm that you – with the consent of your parents or legal guardians – have agreed to this, and that you and your parents were aware that by giving this consent you lost your right of withdrawal.

5. What you must do and must not do

5.1 You must keep your login details (username, password) confidential and must not share them with others. If you feel or know that others are accessing your account, please email us as soon as possible at [email protected].

5.2 You may only use the content available on Knowunity within the Knowunity platform and may not share it with others, publish it on the internet, or sell it to others. If you have booked Knowunity Pro, you may print learning content for your personal use and/or export it as PDFs for your own use.

5.3 You may not upload, post or otherwise distribute the following content on Knowunity – regardless of the area of Knowunity and regardless of form (text, media, etc.):

5.3.1 Viruses or other forms of programming code;

5.3.2 Pornographic, sexist, xenophobic, insulting, defamatory, content inciting or threatening violence, content suppressing minorities or inciting hatred, or any content that violates public decency;

5.3.3 Content that discriminates against others because of their origin, skin colour, gender, sexual orientation, any illnesses, or other characteristics or attributes;

5.3.4 Content that is intentionally misleading or false;

5.3.5 Copyright‑protected material or content containing such material without demonstrable authorisation;

5.3.6 Advertising of any kind, unless Knowunity has expressly agreed to this in text form in advance;

5.3.7 Any other unlawful content;

5.3.8 Content that has no relation to school lessons and thus no learning relevance (applies to Knows, flashcards and quizzes).

5.3.9 You must also at all times observe and follow our Community Guidelines, which you can access here.

5.4 Never mention the names or other personal data of others in your posts and comments (e.g., classmates or teachers), and you should also not publish your own real name or other personal data of yourself or others.

5.5 StudyBots you create must not recognisably reproduce the name, manner of speaking or other characteristics of real persons (whether prominent or not). Nor may they be recognisably modelled on real persons. You must also not give your StudyBot an avatar that depicts real persons or copyrighted characters/figures or other legally protected content, whether in identical or modified but still recognisable form.

5.6 You must also not:

5.6.1 misuse your access to Knowunity to initiate romantic or sexual relationships;

5.6.2 obtain unlawful access for yourself or others to Knowunity and/or Knowunity Pro;

5.6.3 engage in any automated use of the platform and the content available there, for example by using scripts to create or retrieve content. This also applies to such non‑commercial uses.

5.7 Please note: You are solely responsible for the content you upload or post, and you must always be aware that – under the law – you are liable for such content.

5.8 If you become aware of a violation of clauses 5.1 to 5.6 by other users, please inform us as quickly as possible at [email protected].

5.9 You may not have more than one account on our service. If we have already terminated your account, you may not create a new account unless you have our express written permission to do so.

6. Moderation of content

6.1 Knowunity is an informative platform on which content is uploaded and posted by other users. This information is intended to help you and other students expand school knowledge. It is not intended to and cannot replace school or the teaching of teachers.

6.2 You are not entitled to receive answers to questions you ask on Knowunity or to receive specific content. Our service consists in providing the platform, not in answering your questions, giving individual advice or improving your academic performance or achieving academic success. Such services are owed neither by us nor by other users or Knowers.

6.3 Knowunity assumes no liability for the accuracy, completeness or suitability of information provided by other users and Knowers. Nor do other users or Knowers accept any such liability.

6.4 In moderating content, we strive to display the content that is particularly relevant to you. Our algorithms take into account certain demographic data (e.g., grade level, type of school, problem subjects) and activities in the app (e.g., list of viewed content). The popularity of content is also taken into account when displaying it. We measure popularity by the number of views, impressions, likes and the number of users who have saved the content to a folder. This is intended to optimise your learning experience and progress.

6.5 At the same time, we monitor compliance with our Community Guidelines. However, as a rule we do not check content for accuracy, compliance with laws or our Community Guidelines prior to publication (more on this below).

6.6 If you upload content publicly, the uploaded content first automatically runs through our algorithm. This considers the meaningfulness of the title, source details, school relevance, spelling, readability, completeness (which does not mean complete coverage of a topic, but whether content has been deliberately fragmented into multiple items that individually provide only very limited learning value, or the content is obviously not complete), image quality, the presence of personal data in the content, likelihood of plagiarism, copyright infringements, and your previous user behaviour. Images are also automatically checked for pornographic, harmful‑to‑minors and violent content. Based on the algorithm’s result, the content is either accepted, rejected or additionally reviewed by our team. If you think a rejection is unjustified, you can appeal this in the app using an “appeal process” button and state your reasons. The rejection will then be reviewed by our team as promptly as possible (and, if applicable, again). If the review concludes that the rejection was unjustified, the content will be accepted and published. You will receive a notification. If the rejection is upheld, you will be informed and given the reasons why the content was rejected. In addition, the rejection of your content may have further consequences under clause 7 (see below). If you believe the rejection was unjustified, you can take action against it before the competent civil courts.

6.7 Users can report content, which will then be reviewed by our team to determine whether the requirements of clauses 5.1 to 5.6 have been complied with or whether the qualitative factors mentioned in 6.6 argue against the learning value of the content and thus against publication. If the report leads to removal of the content, you will be informed and you can appeal the decision and state reasons for your appeal. The decision will then be reviewed by our team as promptly as possible. If the review concludes that the removal was unjustified, the content will be accepted and published. You will receive a notification. If the removal is upheld, you will be informed and given the reasons why the content was rejected. In addition, removal of your content may have further consequences under clause 7 (see below). If you believe the rejection of your appeal was unjustified, you can take action against it before the competent civil courts.

7. Consequences of violations

7.1 If you violate clauses 5.1 to 5.6, this can have the following consequences for you:

  • Removal of content you created (lowest‑intensity consequence)
  • Temporary suspension of your account – you can still use Knowunity, but you will generally be temporarily unable to post, upload or otherwise distribute any content – neither in public areas nor in private chats – see details under 7.2 (medium‑intensity consequence)
  • Permanent deactivation of your account and termination of the contract without notice (highest‑intensity consequence)

7.2 Whether your violation of 5.1 to 5.6 has consequences beyond deletion of the content depends on whether you reach a certain number of Penalty Points through one or more violations. The following behaviours lead to Penalty Points (see the Community Guidelines for further details on the behaviours listed below):

  • No relevance to school; spam and unwanted advertising; unjustified reporting of content: You receive 1 Penalty Point
  • Bullying and harassment, hateful conduct, integrity and authenticity, dangerous behaviours, criminal activities and regulated goods, weapons and ammunition, violent and graphic content: You receive 10 Penalty Points
  • Nudity and sexual activities for adults, safety of minors, promotion of self‑harm and suicide, violent extremism, commercial spam: You receive 100 Penalty Points

Reaching the following point totals (Penalty Points) has the following consequences for you:

  • 5 Penalty Points lead to a suspension of 3 days.
  • 10 Penalty Points lead to a suspension of 7 days.
  • 20 Penalty Points lead to a suspension of 10 days.
  • 30 Penalty Points lead to a suspension of 15 days.
  • 50 Penalty Points lead to a suspension of 30 days.
  • 100 or more Penalty Points lead to a permanent suspension.

When a point threshold is reached or exceeded, the corresponding suspension takes place and the points required to reach the relevant threshold are deducted from your points balance upon expiry of the suspension. Example: You already have one Penalty Point and receive ten further Penalty Points. You are then suspended for seven days. After the suspension ends, your balance returns to one Penalty Point. Penalty Points do not expire. You retain them on your account until they are deducted by exceeding a threshold and the subsequent suspension has ended. If you receive further points during a suspension, these are added to your point balance before the end of the suspension and your further suspension is based on that point balance. Example: You receive 20 Penalty Points and are suspended for ten days. Five days before the end of the ten‑day suspension, you receive 30 points for another content item. Since your points balance at that time is still 20 Penalty Points, you reach a total of 50 points, which results in an additional suspension of 30 days. In total you are suspended for 40 days. If we recognise that you are using multiple accounts and one account is suspended, we reserve the right to suspend the other accounts as well.

7.3 As soon as Knowunity becomes aware that already published content violates clauses 5.1 to 5.6, the following procedure is initiated:

  • Obviously unlawful content is removed immediately.
  • The person who posted the content is then informed of the removal, with the reasons set out.
  • If content is not obviously unlawful, the person who posted the content is given the opportunity to comment within three working days. Knowunity then decides on the removal of the content. The person who posted the content is informed of the decision with reasons.
  • If circumstances justify temporary suspension or permanent deactivation of the account under 7.2, the person who posted the content will be warned beforehand and informed of the underlying reasons. The person will be given the opportunity to comment within three working days. Knowunity then decides on the temporary suspension or permanent deactivation of the account.
  • The holder of the suspended/deactivated account may challenge Knowunity’s decision before the competent civil courts.

8. Comment function and chat area

8.1 It is possible to comment on learning content. Here you are welcome to give feedback or ask questions. We also offer a chat area where you can exchange with other users.

8.2 The conditions and rules of clauses 5.1 to 5.6 including the Community Guidelines, which you can access here, apply to the comment function and the chat area.

8.3 In public chats there are Community Moderators who monitor compliance with the conditions and rules of clauses 5.1 to 5.6 including the Community Guidelines. Chat content of yours that violates these conditions and rules may be deleted by the Community Moderators. In addition, Community Moderators may remove you from certain group chats if you have violated the conditions and rules of clauses 5.1 to 5.6 including the Community Guidelines in a serious or repeated manner. If you think that deletion of a message or removal from a chat is unjustified, you can appeal and state your reasons. The decision will then be reviewed by our team as promptly as possible (and, if applicable, again). If the review concludes that the decision was unjustified, the content will be accepted and published or your exclusion from the chat will be lifted. You will receive a notification. If, on the other hand, the decision is upheld, you will be informed and the reasons will be set out. Please note that your content posted in the chat may have further consequences under clause 7 (see above).

9. Advertising

Knowunity is entitled to display advertising information on the platform when you use the free version of Knowunity.

10. Term and termination

10.1 The contract for the free version of Knowunity is concluded for an indefinite period. The contract can be terminated at any time via the user account by deleting the account.

10.2 A paid subscription for Knowunity Pro is concluded for a fixed term which automatically renews for an indefinite period until terminated. You can terminate the subscription at any time during the respective term with effect at the end of that term. If concluded via the website, the contract can be terminated via the “Cancel Knowunity Pro now” menu item. For in‑app purchases, termination is made directly via the respective app store. Information can be found here:

  • Apple App Store: https://support.apple.com/de-de/guide/iphone/iph3dfd91de/ios
  • Google Play Store: https://support.google.com/googleplay/answer/7018481?hl=DE

10.3 Upon termination of Knowunity Pro, you lose, at the end of the current term in which you have terminated, the entitlement to use the benefits of Knowunity Pro and you will be downgraded to the free Knowunity membership. If you also wish to terminate that, clause 10.1 applies.

10.4 You and Knowunity have the right to terminate any contract with us at any time for good cause. The provisions under clause 7 remain unaffected.

11. Liability

11.1 We are liable for intent and gross negligence. We are also liable for negligent breach of duties whose fulfilment is essential for proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract, and on whose observance you as a customer may regularly rely. In such cases, however, we are only liable for foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

11.2 The foregoing exclusions of liability do not apply in the event of injury to life, limb or health, nor where we have fraudulently concealed a defect or assumed a guarantee for the quality of the item. Liability under the Product Liability Act remains unaffected.

12. Changes to the Terms

Knowunity is entitled to amend these Terms if this appears necessary and provided users are not thereby disadvantaged contrary to good faith. They may also be amended in response to new technical developments, changes in case law, the legal situation, or similar reasons. Changes to the Terms will be communicated to users in advance in text form. Changes that significantly disrupt the contractual balance between the parties require the express consent of users. Otherwise, they are deemed approved if users do not object to them in text form within six weeks after receipt of the notification. Knowunity will expressly draw attention to this and to the consequences set out below in the notification of changes. In the event of an objection, Knowunity is entitled to terminate the contract with two weeks’ notice. In addition, if users object to the new Terms, Knowunity has an extraordinary right of termination if, taking into account Knowunity’s interests and the users’ interests, continuation of the contract is unreasonable.

13. Contract language, applicable law and further information

13.1 The contract is concluded in German. The law of the Federal Republic of Germany applies. If you are habitually resident in a member state of the EU or Switzerland, mandatory provisions there remain unaffected.

13.2 The European Union has set up a platform for out‑of‑court resolution of consumer disputes (“ODR platform”), available via the link http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for out‑of‑court resolution of disputes concerning contractual obligations arising from online contracts. Pursuant to section 36 of the German Consumer Dispute Resolution Act (VSBG), Knowunity points out that it is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

14. Severability

Should individual provisions of this contract be or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall not be affected. In place of the invalid or unenforceable provision, such valid and enforceable provision shall apply whose effects come as close as possible to the economic objective that the contracting parties pursued with the invalid or unenforceable provision.

INFORMATION ON THE RIGHT OF WITHDRAWAL FOR THE FREE MEMBERSHIP

Instructions on withdrawal

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving 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 us KnowunityGmbH,Rosenstr.16,10178Berlin,Tel.:+493052001583,email:supportie@knowunity.comKnowunity GmbH, Rosenstr. 16, 10178 Berlin, Tel.: +49 30 52001583, email: [email protected] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

Lapse of the right of withdrawal

The right of withdrawal lapses, for contracts for the supply of digital content not supplied on a tangible medium, where the consumer is not obliged to pay a price, if the trader has begun performance of the contract.

Information on the model withdrawal form

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Knowunity GmbH, Rosenstr. 16, 10178 Berlin, email: [email protected]:

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

INFORMATION ON THE RIGHT OF WITHDRAWAL FOR KNOWUNITY PREMIUM (PRO)

Instructions on withdrawal

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving 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 us KnowunityGmbH,Rosenstr.16,10178Berlin,Tel.:+493052001583,email:supportie@knowunity.comKnowunity GmbH, Rosenstr. 16, 10178 Berlin, Tel.: +49 30 52001583, email: [email protected] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

Lapse of the right of withdrawal

The right of withdrawal lapses, for contracts for the supply of digital content not supplied on a tangible medium, where the consumer is obliged to pay a price, if

  1. the trader has begun performance of the contract,

  2. the consumer has expressly consented to the trader beginning performance of the contract before the end of the withdrawal period,

  3. the consumer has acknowledged that, by giving consent under item 2 and once performance of the contract begins, they lose their right of withdrawal, and

  4. the trader has provided the consumer with a confirmation pursuant to section 312f BGB (German Civil Code).

Information on the model withdrawal form

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Knowunity GmbH, Rosenstr. 16, 10178 Berlin, email: [email protected]:

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.