General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to the use of the platform LearnCastAI (hereinafter "Service"), operated by Provimedia GmbH, Weidenweg 12, 74321 Bietigheim-Bissingen (hereinafter "Provider").

(2) The Service enables users to create AI-generated learning podcasts on freely chosen topics as well as the use of learning materials such as flashcards and quizzes.

(3) Deviating conditions of the user are not recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Contract Formation and Registration

(1) The use of the Service requires registration. By registering, the user submits an offer to conclude a usage agreement.

(2) The user warrants that all data provided during registration is truthful and complete. The user is obligated to update changes without delay.

(3) The Provider may reject the registration without stating reasons. There is no entitlement to contract formation.

(4) The user is responsible for keeping their access credentials confidential and is liable for all activities that take place under their account.

§ 3 Service Description

(1) The Service includes:

• Creation of AI-generated learning podcasts based on user input
• Automatic fact-checking function to verify generated content
• Provision of flashcards based on podcast content
• Interactive quizzes for knowledge testing
• Storage and management of created content

(2) The Provider is entitled to expand, modify, or restrict the functionality of the Service at any time, provided this is reasonable for the user.

(3) The Provider guarantees an average annual availability of the Service of 98%. Excluded from this are times of planned maintenance as well as disruptions that are outside the Provider's sphere of influence.

§ 4 AI-Generated Content

(1) The content generated through the Service is created using Artificial Intelligence. Despite implemented quality assurance measures (fact-checking), the Provider assumes no warranty for the accuracy, completeness, timeliness, or suitability of the generated content.

(2) The generated content serves exclusively educational and informational purposes. It does not replace professional advice, in particular no medical, legal, financial, or other specialized advice.

(3) The user is obligated to critically review the generated content and to rely on verified sources and/or professional advice for important decisions.

§ 5 Usage Rights

(1) The user receives a simple, non-transferable, non-sublicensable right to use the content created through the Service for personal, non-commercial purposes.

(2) Commercial use of the created content, in particular the sale, public reproduction, or integration into commercial products, is only permitted with prior written consent of the Provider.

(3) The user grants the Provider the right to process the entered data for the provision of the Service and to transmit it to the AI service providers used.

§ 6 User Obligations

(1) The user undertakes to use the Service only for lawful purposes.

(2) The user is specifically prohibited from:

• Creating content that violates applicable law
• Creating content that infringes the rights of third parties (in particular copyright, trademark rights, personal rights)
• Using the Service for the distribution of hate speech, discrimination, or glorification of violence
• Deliberately spreading misinformation
• Technically manipulating or overloading the Service
• Conducting automated access without authorization

(3) In the event of violations of these obligations, the Provider is entitled to temporarily or permanently block the user's access.

§ 7 Fees and Payment Terms

(1) The use of the Service may be free (trial version) or paid (subscription/single purchase). Current prices are available on the website.

(2) Paid services are billed in advance. Payment is made through the payment methods offered on the website.

(3) In the event of payment default, the Provider is entitled to block access to paid features until the outstanding amount is settled.

(4) All prices include the applicable value-added tax.

§ 8 Right of Withdrawal for Consumers

(1) Consumers have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract formation.

(2) To exercise the right of withdrawal, you must inform us by means of a clear statement (e.g., email to info@provimedia.de) of your decision to withdraw from this contract.

(3) The right of withdrawal expires prematurely if the Provider has begun to perform the service after the user has expressly consented and simultaneously confirmed their knowledge that they will lose their right of withdrawal upon complete performance of the contract.

§ 9 Limitation of Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health as well as for intentional misconduct and gross negligence.

(2) In the case of slight negligence, the Provider is only liable for breach of material contractual obligations. Liability is limited to the foreseeable, contract-typical damage in this case.

(3) The Provider is not liable for damages incurred by the user through the use of or reliance on AI-generated content, to the extent permitted by law.

(4) Liability under the German Product Liability Act remains unaffected.

§ 10 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy, which is an integral part of these GTC.

§ 11 Contract Duration and Termination

(1) The usage agreement is concluded for an indefinite period. Free accounts can be deleted at any time.

(2) Paid subscriptions can be cancelled at the end of the respective billing period. Cancellation must be made at least 24 hours before the expiration of the current period.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) After termination of the contract, user data will be deleted in accordance with the Privacy Policy. The user can request an export of their data beforehand.

§ 12 Amendments to the GTC

(1) The Provider reserves the right to amend these GTC with effect for the future, provided this is reasonable for the user.

(2) The Provider will inform the user of changes by email. The changes are deemed approved if the user does not object within 30 days of receipt of the notification. The Provider will point out this consequence in the notification.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as mandatory provisions of the law of the state in which the consumer has their habitual residence do not conflict.

(2) The place of jurisdiction for all disputes arising from this contract is Bietigheim-Bissingen, provided the user is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

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Provimedia GmbH
Weidenweg 12, 74321 Bietigheim-Bissingen
info@provimedia.de