Special Terms of Use (Knower)

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, for users who wish to upload learning content to Knowunity as so-called “Knowers”. They apply in addition to the General Terms of Use for Users (the T&Cs).

1. Prerequisites for uploading Knows; conclusion of the contract

1.1 Uploading content requires that you have registered as a Knowunity user (either the free or paid version) and, in addition to the General Terms of Use, have agreed to these Special Terms of Use for Knowers (the STUK).

1.2 If you have not yet reached the age of 18, your parent(s) or legal guardian(s) must consent to your acting as a Knower and to your acceptance of the STUK.

1.3 You may only upload content if you are not a trader/business. If your status changes, you must inform us without delay by email: [email protected].

1.4 The contract is concluded when, upon your first upload of content, you accept the then-current Special Terms of Use for Knowers.

2. Right of withdrawal and expiry of the right of withdrawal

The full withdrawal policy can be found here. Please note: The right of withdrawal expires early after you have explicitly agreed—in the knowledge that the right of withdrawal will lapse and with the consent of your parent(s) or legal guardian(s)—that we enable you to upload content. In our confirmation email we will confirm that you—with the consent of your parent(s) or legal guardian(s)—have agreed to this and that you and your parents were aware that, by giving such consent, you would lose your right of withdrawal.

3. Details about Knows and prohibited content

3.1 Content refers to information and learning aids in the form of texts, graphics, images, videos, presentations, audio files or other media, or combinations of such content, intended to convey school-related knowledge.

3.2 From time to time, Knowunity invites the creation of content on specified topics. If you wish to participate, you as a Knower may select up to three topics from the list and, after selection, have seven days (one week) to upload the content to Knowunity. The content will then be reviewed by us and released if it meets the requirements and is of suitable quality.

3.3 You may only upload content to Knowunity that you either created entirely yourself (with respect to all elements contained in it) or, if you created it jointly with others or incorporate third-party material into your content, for which you can demonstrably show that you hold the necessary rights to upload it to Knowunity and to grant Knowunity the rights set out in Section 4. If you cannot demonstrate this, incorporating such third-party content is prohibited.

3.4 You may not upload content that contains elements for which you cannot grant the rights described in Section 4. In particular, Knows must not contain (in whole or in part):

• excerpts from schoolbooks or other books, magazines, newspapers, or other publisher publications,
• excerpts from third-party learning/exercise/workbooks,
• assignment/exam texts, worksheets or solution outlines from teachers, unless they have demonstrably consented in writing,
• videos, photos, graphics, texts or other third-party content (e.g., from the internet) without demonstrable authorisation.

3.5 Never include the names or other personal data of others (e.g., classmates or teachers) in your content; you should also refrain from publishing your own real name or other personal data of yourself or others. If, in exceptional cases, the learning purpose requires showing persons in Knows or mentioning their personal data, the person concerned must have demonstrably agreed to this.

3.6 The following content—regardless of the area of Knowunity and regardless of the form (texts, media, etc.)—you may not upload, post or otherwise distribute on Knowunity:

• viruses or other forms of programming code;
• pornographic, sexist, xenophobic, insulting, defamatory, content inciting, glorifying or threatening violence, content that suppresses minorities or incites hatred against segments of the population, or otherwise unlawful or immoral content;
• content that discriminates against others because of their origin, skin colour, gender, sexual orientation, any illnesses, or other characteristics or attributes;
• content that is intentionally misleading or untrue;
• copyright-protected material or content containing such material, without demonstrable authorisation (see Section 3.4);
• advertising material of any kind, unless Knowunity has expressly agreed to this in text form in advance;
• other unlawful content.

You must always observe and comply with our Community Guidelines, which you can access here.

3.7 It is prohibited to manipulate the success of content in a way that affects remuneration (see Section 5), in particular by artificially generating views or “likes”, whether through technical means (such as bots) or by unduly influencing third parties to view content or generate “likes”. Knowunity reserves the right, where there is a sufficiently substantiated suspicion of abuse, to suspend or discontinue payouts temporarily and to suspend user accounts temporarily or permanently, depending on the circumstances of the individual case.

3.8 Violations of one or more rules of Sections 3.3 to 3.7 may lead to the immediate removal of content and/or to your account being temporarily or permanently suspended or deleted. For details, see Section 6.

3.9 There is no legal entitlement to publication of content you upload.

4. Grant of rights of use to the content

4.1 By uploading content, you grant Knowunity the exclusive right to reproduce, distribute and make the uploaded content publicly available, including the right to make the content available for download by third parties, as well as the right to edit (including translation and changes of style) and modify it, and the right to reproduce, distribute and make available to third parties any edits and modified content, whether free of charge or for consideration. In particular, Knowunity may make the content available on the Knowunity platform for retrieval by other Knowunity users, on the internet and in the Knowunity apps, and allow them to download the content for personal use. Knowunity may transfer all granted rights to third parties.

4.2 The aforementioned rights are granted without territorial limitation, in particular worldwide.

4.3 The rights of use are granted for an indefinite period.

4.4 By uploading content, you warrant that you own all intellectual property rights associated with the content and that your content does not infringe the personal rights of other persons.

5. Remuneration and payout

5.1 Depending on the success of your content, assessed based on the number of views and “likes” by other users, you will receive remuneration.

5.2 Content created from the “topic list” (Section 3.2) is subject to separate remuneration that also takes into account the level of difficulty. We indicate the respective prospective remuneration in the topic list. Remuneration is only due if the content does not $sic$ meet the requirements stated in the topic list, is of sufficient quality, and is uploaded before the deadline.

5.3 You may request payout of your remuneration from a minimum balance of EUR 5.00 in your account. Payout is generally made by bank transfer. This requires you to truthfully provide your full name, address, bank details (IBAN) and your tax number. Alternatively, you have the option to receive an Amazon voucher in the payout amount instead of a cash payout.

5.4 We assume that you are not subject to VAT; however, should you be subject to VAT, you must inform us without delay by email.

5.5 As soon as the total of the remuneration paid by Knowunity to you exceeds EUR 100 and you are resident in Switzerland or in an EU country other than Germany, you must (after the EUR 100 threshold has been exceeded) send us, unprompted, by email or post a proper invoice made out to Knowunity GmbH, Haydnstraße 9, 71065 Sindelfingen, for each further payout. Without an invoice we cannot make further payments.

5.6 Please note: Knowunity cannot provide you with legal or tax advice. You are responsible for determining which legal and in particular tax requirements you must meet, and you are also responsible for the tax reporting of your income. We recommend that you seek professional advice.

6. Consequences of violations of our Community Guidelines and the law

6.1 If you violate Sections 3.3 to 3.7, the following consequences may apply to you:

• removal of content you created $lowest-intensity consequence$
• temporary suspension of your account $medium-intensity consequence$
• permanent deactivation of your account and termination of the contract without notice $highest-intensity consequence$

6.2 Knowunity decides, based on comprehensive consideration, in particular of the following circumstances, which consequence your violation of Sections 3.3 to 3.7 will have:

• severity of the violation, particularly taking into account the impact on third parties and other consequences
• obviousness of the violation
• your intentions, insofar as they can be determined
• number of prior violations, taking into account the total number and overall scope of your content

We would like to give a few examples:

• Knower A posts content that depicts sexualised violence, condones it or calls for it. Here we would assume a particularly serious case leading to immediate and permanent deactivation of the Knower account, as this gravely violates both our Community Guidelines and the law. Moreover, other persons are affected by such content, particularly victims of sexualised violence and any persons recognisable in or referenced by the post. Given the particular severity of the violation and the impact on others, the other circumstances (intentions, number of prior violations, obviousness of the violation) would no longer be relevant.
• Knower B posts a photo showing two people clearly in the foreground and, in the background (barely recognisable but still just about identifiable to acquaintances), another person. The people in the foreground have consented to the use of the photo. The person in the background was not asked. The post does not have a character that would damage the reputation of the person in the background. There were no prior violations by Knower B of our Community Guidelines. No particularly reprehensible intent on the part of Knower B is apparent. There are no prior violations. Here we would not assume a severe case and would only remove the content, since the person depicted in the background is only just recognisable and likely only to acquaintances, and thus no serious violation is present. As many people do not know that it is generally prohibited to publish photos showing people in the background (barely) recognisable without consent, the violation is not particularly obvious either.
• Knower B reposts the photo mentioned in the previous example after its removal and after receiving an explanation of the reasons for the removal, because B believes “that must surely be allowed”. The severity of the violation has not changed. However, Knower B now knows that the photo violates the Community Guidelines and the law. It is therefore an obvious and intentional violation, and it is moreover a repeat violation within a short time. In view of the overall circumstances, we would temporarily suspend Knower B’s account. If Knower B commits an identical or comparable violation again after the suspension is lifted, we would permanently deactivate Knower B’s account.

6.3 As soon as Knowunity becomes aware of a violation of Sections 3.3 to 3.7, the following procedure is initiated:

• obviously unlawful content will be removed immediately.
• afterwards, the person who posted the content will be informed of the removal, stating the reasons for removal.
• if content is not obviously unlawful, the person who posted it will be given the opportunity to submit a statement within three working days. Knowunity will then decide on the removal of the content. The person who posted the content will be informed of the decision, stating the reasons.
• if circumstances justify temporary suspension or permanent deactivation of the account, the person who posted the content will be warned in advance and informed of the underlying reasons. The person will be given the opportunity to submit a statement within three working days. Knowunity will then decide 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.

7. Term, termination and consequences of termination

7.1 The contract is concluded for an indefinite period.

7.2 After termination, you can no longer upload content. If you still have a balance, it is your responsibility to request a payout before termination. Otherwise, the balance will lapse.

7.3 Termination has no effect on the grant of rights of use and thus on Knowunity’s authorisation to publish your content.

8. Liability

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

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

9. Changes to the Terms of Use

Knowunity is entitled to amend these T&Cs where 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 for equivalent reasons. Changes to the T&Cs will be communicated to users in text form in advance. Changes that significantly disrupt the contractual balance between the parties require the users’ express consent. Otherwise, they shall be deemed approved if users do not object to them in text form within six weeks of receipt of the notification. Knowunity will expressly point out this and the consequences reproduced below in the notification of the changes. In the event of an objection, Knowunity is entitled to terminate the contract with two weeks’ notice. In the event of an objection to new T&Cs, Knowunity also has an extraordinary right of termination if, taking into account its interests and those of the users, continuation of the contract is unreasonable for Knowunity.

10. Contract language, applicable law and further notices

10.1 The contract is concluded in German. The law of the Federal Republic of Germany applies. If you have your habitual residence in an EU Member State or in Switzerland, mandatory provisions there remain unaffected.

10.2 The European Union has set up a platform for out-of-court settlement of consumer disputes (“ODR platform”), accessible via http://ec.europa.eu/consumers/odr. The platform serves as a contact point for out-of-court resolution of disputes regarding contractual obligations arising from online contracts. Pursuant to Section 36 of the German Consumer Dispute Resolution Act, Knowunity points out that it is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Severability clause

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, the valid and enforceable regulation shall apply whose effects come closest to the economic objective that the parties to the contract pursued with the invalid or unenforceable provision.

WITHDRAWAL POLICY FOR KNOWERS

Withdrawal policy

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 the contract is concluded.

To exercise your right of withdrawal, you must inform us $Knowunity GmbH, Rosenstr. 16, 10178 Berlin, Tel.: +49 30 52001583, email: [email protected]$ by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.

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

CONSEQUENCES OF WITHDRAWAL If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received your notice of withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this reimbursement.

EXPIRY OF THE RIGHT OF WITHDRAWAL The right of withdrawal expires in the case of contracts for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay a price, if

1. the trader has begun to perform the contract,

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

3. the consumer has confirmed their knowledge that, by giving consent under item 2, they lose their right of withdrawal upon commencement of performance, and

4. the trader has provided the consumer with a confirmation in accordance with Section 312f of the German Civil Code (BGB).

INFORMATION ON THE MODEL WITHDRAWAL FORM

Model withdrawal form (If you wish to withdraw from the contract, please complete this form and return it.)

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

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

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Ordered on ()/received on ()

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Name of consumer(s)

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Address of consumer(s)

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

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Date

(*) Delete as appropriate.