Terms

Terms and conditions for users of the Vaia platform

The Vaia c/o StudySmarter GmbH, Briennerstrasse 59, 80333 Munich, Germany, (hereinafter Vaia) is the operator of the platform www.hellovaia.com. Users can upload their lecture notes and receive automatically and semi-automatically generated learning materials (e.g. summaries and mind maps) from Vaia. These terms and conditions form the basis for the use of the internet portal www.hellovaia.com.

Scope of application of the terms and conditions

These terms and conditions regulate the contractual relationship between Vaia and the user/you. They apply to the platform subject to registration (“www.hellovaia.com“) including all sub-pages of Vaia. By registering on the Vaia platform and using it, you are obliged to accept the terms of use.

Registration on the platform

1.  by registering on the platform, a user account is opened for you. This registration is only possible for persons of full age and full legal capacity. All data entered must be true and complete. You undertake to keep this data up to date. However, you are allowed to use a pseudonym.
2. during the registration, you will be asked to protect your member account with a password. You are responsible for keeping it secret and not allowing any third-party access to your account. You are responsible for notifying Vaia immediately at info@hellovaia.com if you suspect that a third party is using your account. You are solely responsible for all activities that occur under your account.
3. After registration, you will receive an email to the email address you provided. By clicking on the link provided, you confirm the accuracy of your information and complete the registration.
4. after you have accepted the terms and conditions and registration is complete, a binding agreement between you and Vaia based on these terms and conditions is concluded.
5. if Vaia blocks your account, you are not allowed to create a new account. We reserve the right to suspend any account without giving reasons and without warning.
6. Vaia reserves the right to remove any username for any reason and without warning if it protects any third-party rights.
7. Vaia may refuse registration requests. If this is the case, you may request the reason by sending an e-mail to info@hellovaia.com. There is no obligation on the part of Vaia to provide information.

Use of the platform

1. Vaia does not accept any liability for the uploaded learning content of users.
2. The materials provided by Vaia are for private study and learning purposes only. The transfer and sale to third parties is not permitted.
3. The use of the platform is free of charge as long as you do not use any other functions marked as chargeable.
4. The right to download does not result in a transfer or granting of copyrights.
5. As a result of uploading the learning content, you confirm that you have the right to use the learning content and that no copyright infringement has been committed.

Vaia does not take any responsibility for the legality of the uploaded content.

Use of Paid Content and Features

1. The subscription continues to run – even after the expiry of an agreed minimum term – if it is not cancelled in due time. Expressly limited subscriptions end with the agreed end of the contract, unless otherwise agreed at the time of conclusion of the contract.
2. subscription fees for the accounting period are always to be paid in advance. The length of your billing period depends on the type of subscription you choose when you register for the service. If you purchase paid content on Vaia, payment is made upon completion of the order.
3. You may cancel your Vaia subscription at any time and continue to use Vaia until the end of your billing period. If you used a third-party payment method when you purchased your Vaia subscription and you wish to cancel your Vaia subscription, you may need to do so through that third-party payment method. To do so, you may need to access your account with the third-party provider and disable automatic renewals or unsubscribe from your Vaia subscription through that third-party provider. You may also be able to view billing information related to your Vaia subscription through your account with the relevant third-party provider
4. by making a payment on www.hellovaia.com a contract for a service is concluded, namely a subscription for paid content and/or payment functions.
5. if you order this service, you will be granted full access (i.e. all learning content learning features offered by Vaia) to the platform within a reasonable period of time
6. the payment transactions on www.hellovaia.com will be processed exclusively through Vaia or third-party service providers with whom Vaia works to process payment transactions (e.g. PayPal).
7. Vaia is free to charge fees for additional functions or to charge for free services at any time. These changes do not require prior notice and can be made without justification.
8. The price list valid at the time of the conclusion of the contract for the respective subscription shall apply. The publisher provides the price list in its current valid form at www.hellovaia.com. Subscription prices include the applicable statutory value-added tax. Any connection costs to the subscriber’s respective Internet or mobile phone provider are not included.
9. The prices for a Vaia subscription are subject to change. However, any changes to prices and our subscription offer will not take effect until the next billing period following notification of the change(s) to you. Individual notifications are not required.
10. In case of late payment Vaia is entitled to terminate the supply contract without notice after a reminder and a grace period. The damage caused by delay including the costs of reminders shall be borne by the subscriber.
11. if the subscription you have purchased is no longer offered to you, we reserve the right to convert your subscription to one that is still offered. You will be notified and may still cancel at the end of the billing period. You will not incur any additional costs for the current billing period.

Free trial periods

Your Vaia subscription may begin with a free trial period, the duration of which is specified during registration. This free trial period is intended to allow new and certain former members to try paid Vaia features.

Vaia will evaluate your eligibility for a free trial period at its sole discretion and may limit the availability or duration of the free trial period to prevent abuse. If we determine that you are not eligible for the free trial, we reserve the right to revoke your eligibility and suspend your account. Members from households with existing or recently terminated Vaia subscriptions are not eligible. In order to check your eligibility status, Vaia is authorized to access information such as device ID, payment method or e-mail address that has already been used for an existing or recently terminated Vaia subscription. Restrictions may apply when combined with other offers.

Unless you cancel your paid subscription before the end of the free trial period, we will charge your payment method at the end of the free trial period with the subscription fee for the next billing period.

Money Back Guarantee (“Exam Success Guarantee”)

1. Vaia offers a money-back guarantee for paid subscriptions. If customers of our paid subscriptions have failed their exams, they can get their subscription fees back.
2. the refund of fees paid is only for the month and pro rata for the number of failed exams. The maximum amount that can be refunded is the total cost of the subscription for the current billing period.
3. The following conditions must be met to qualify for our money-back guarantee:
   • You must have failed at least one exam for which you have studied on Vaia for at least 10 hours
   • You provide proof of unsuccessful participation in your exam in Vaia. This proof must be submitted by post (Brienner Str. 59, 80333 Munich, Germany) or by e-mail to info@hellovaia.com.
   • The failed exam may not be more than 6 weeks in the past.
4. Vaia does not guarantee learning success and/or the successful passing of exams even with a paid subscription. Vaia is not liable for any damages caused by failing an exam.
   The terms and conditions of the money-back guarantee are subject to change. However, any changes will only be effective for the next billing period after the notification of the change(s) to you. Individual notifications are not required.

User obligations

1. you are solely responsible for keeping your access data (user name, password) secret and thus not to grant any third party access to your member account. Above all, it is forbidden to grant a third party access to your account in order to avoid any fees. You are obliged to immediately send an e-mail to info@hellovaia.com. If there are any indications that a third party has gained access to your account or there are indications of misuse of your account. Vaia reserves the right to remove your account in case of suspicious activity.
2. you must comply with all applicable laws and regulations at all times while using content provided by Vaia. Accordingly, you shall not post or make available on the Vaia platform any content, materials or information that violates any law or these Terms and Conditions. Any reproduction, publication or distribution of the content, in any form whatsoever, is also prohibited. No copyrights are transferred to you in any form.
3. the contents and services of Vaia may not be misused. Misuse is deemed to exist if:
   • Content has been copied, published and distributed in a way that would have required a transfer of copyright.
   • uploads or distributes racist, pornographic, sexist, offensive, violent, oppressive to minorities, inflammatory or other material
   • Disseminate advertising in any form and this is not covered by a contract with Vaia.
   • access to member accounts of third parties is provided.
   • Performs illegal or malicious activities.
   • Upload viruses or other forms of code that affect the appearance of the site.
   • Distribute content that is misleading or untrue.

Rights to User Content

1. If you upload lecture notes and all other documents on the platform, you retain any rights to them as far as possible. Vaia shall be granted a right of use and exploitation free of charge as far as this is necessary for the provision and publication on the platform, in particular for the storage of the contents on the provider’s server as well as their public accessibility (by displaying the contents on the platform).
2. you may only upload content to Vaia which you have created yourself or for which you have been expressly authorized to upload.
3. Vaia is entitled to edit, store, add third-party advertising to the uploaded Content, add its own advertising and logos and convert the uploaded Content to other formats.
4. Vaia may remove all user content that is on the platform without giving any reason.
5. if you infringe the intellectual property of any third party, Vaia reserves the right to permanently delete your account.
6. you warrant that all documents and content comply with the law, in particular the Criminal Code, the Data Protection Act and other intellectual property and personal rights.
7. if you restore the content you have posted to Vaia, the right of use and exploitation granted to Vaia above shall expire. However, Vaia shall remain entitled to retain copies made for backup and/or verification purposes.
8. Scope of Application and Applicable Law
   • Vaia is subject to the laws of the Federal Republic of Germany.
   • the terms and conditions of business regulate the contractual relationship between Vaia and the user

Revocation

1. revocation instruction
   You have the right to revoke this contract within fourteen days without giving reasons.
   The revocation period is fourteen days from the date of conclusion of the contract.
   In order to exercise your right of withdrawal you must inform Vaia c/o StudySmarter GmbH, Briennerstrasse 59, 80333 Munich, Germany, info@hellovaia.com by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
   In order to exercise the right of revocation, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
2. consequences of the revocation
   If you withdraw from this agreement, Vaia shall refund to you all payments received by Vaia from you, including delivery charges (except for the additional costs resulting from your choosing a different method of delivery than the cheapest standard delivery offered by Vaia), immediately and no later than fourteen days from the date Vaia receives notice of your withdrawal from this agreement.

For this refund, Vaia will use the same payment method you used in the original transaction, unless otherwise expressly agreed with you, in which case you will not be charged for this refund.

If you have requested that the services be commenced during the cancellation period, you shall pay Vaia a reasonable amount corresponding to the proportion of the services already provided by the time you notify Vaia that you wish to exercise your right of cancellation with respect to this agreement compared to the total amount of services provided under the agreement.

Special Notes on Withdrawal

1. the right of revocation expires according to § 356 para. 4 BGB in a contract for the provision of services even if the entrepreneur has provided the service in full and has only started to perform the service after the consumer has given his express consent and confirmed his knowledge that he loses his right of revocation in the case of full performance of the contract by the entrepreneur.
2. The right of withdrawal expires according to § 356 paragraph 5 BGB in case of a contract for the delivery of digital contents not on a physical data carrier even if Vaia has started to execute the contract after the consumer
   • has expressly agreed that the trader shall commence performance of the contract before the expiry of the withdrawal period, and
   • has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract.Sample revocation form(If you want to cancel the contract, please fill out this form and send it back).
     To Vaia c/o StudySmarter GmbH, Briennerstrasse 59, 80333 Munich, Germany, e-mail: info@hellovaia.com:
     I/we hereby revoke the contract concluded by me/us for the provision of the following service __________________________.
     Ordered on __________________ and received on __________________.
     Name of the consumer(s): __________________.
     Address of the consumer(s): __________________, __________________-__________________________.
     Signature of the consumer(s) (only for paper communications)
     Date__________________________.
     Limitation of liability Vaia shall only be liable for damage caused by intent or gross negligence on the part of Vaia or one of its legal representatives or agents. The same applies to culpably caused damages resulting from the loss of life, body or health, damages caused by the absence of a guaranteed quality as well as in case of fraudulent intent.
3. In the case of slightly negligent breach (material or financial damage) Vaia shall only be liable if essential contractual obligations have been breached (i.e. an obligation whose fulfillment is essential for the proper execution of a contract and on whose observance the parties may regularly rely); however, this liability shall be limited to foreseeable and typical contractual damage. There shall be no liability in the event of a slightly negligent breach of duty other than those mentioned above.
4. Vaia is not responsible for your learning success and does not take responsibility for your learning success.
5. liability under the Product Liability Act remains unaffected.

Termination

1. the contractual relationship cannot be terminated prematurely, but ends after one month in the case of the monthly version or after six months in the case of the semester version.
2. you are entitled to have your member account deleted by Vaia at any time without giving a reason. All you have to do is send an e-mail to info@hellovaia.com. Upon receipt, Vaia will make every effort to delete your account as soon as possible. However, this deletion does not release you from possible existing contractual payment obligations.

Changes to the terms and conditions of use

1. The basis of the contract of use is always the terms and conditions of business and use valid at the time of registration.
2. However, Vaia reserves the right to adapt them. If by law an adjustment of the terms and conditions is required. If a change is required due to new services, if the change is only beneficial to you or if the change is technically necessary. Vaia also reserves the right to change the terms and conditions at any time without notice or reason. Notification of changes to existing users will be made by email or upon first login of the user. If users do not object in writing to info@hellovaia.com within 14 days, this will be deemed as acceptance of the new GTCs.