TERMS OF USE
Introduction: These Terms of Use ("Terms") govern your access to and use of the Learn German with Practice mobile application (the "App") provided by Nextstapp UG (Haftungsbeschränkt) ("Nextstapp", "we", or "us"). By downloading or using the App, you agree to abide by these Terms. If you do not agree with any part of these Terms, you should not use the App.
1. License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on your personal device for personal, non-commercial purposes only. This license is provided to you for your own individual learning use and is subject to your compliance with these Terms. You may not transfer this App to anyone else, resell the App, or make commercial use of it without our permission. Because this license is revocable, we reserve the right to terminate or suspend your access to the App at our discretion if you violate these Terms or misuse the App.
2. Account Registration (Optional)
The App can be used without creating an account. However, certain features require optional account registration:
- Account Creation: You may create an account using Google Sign-In or Apple Sign-In to access social features such as real-time chat with other learners and to sync your progress across devices.
- Account Information: When you create an account, you agree to provide accurate and complete information. You are responsible for maintaining the security of your account credentials.
- Profile Information: If you complete your profile, you may provide optional information including your name, date of birth, gender, German proficiency level, native language, "about me" text, and a profile photo.
- Age Requirement: While the App does not have a strict minimum age requirement, users under 13 should use the App under parental guidance and supervision.
3. Usage and Subscription Tiers
The App offers two usage tiers – a free tier and a subscription tier – with different levels of access to features:
Free Users:
If you are using the free version of the App (no subscription), you have access to:
- 5 AI-driven practice attempts per day (sentence translation and evaluation)
- 3 AI explanation requests per day (Android only; iOS users have unlimited explanations in the free tier)
After you have used your daily free attempts, you will need to wait until the next day for more attempts, unless you choose to subscribe.
Subscribers (Premium Users):
The App offers the following subscription options:
- Monthly Subscription
- 6-Month Subscription
- Yearly Subscription
Premium users enjoy unlimited AI practice sessions and unlimited AI explanations, with no daily limits, along with any other premium features we may offer. Both free and premium users have access to the basic learning content, but premium users enjoy unlimited practice capability.
4. Purchases and Payments
All subscriptions and any in-app purchases are managed through the official app stores (Google Play Store for Android devices or Apple App Store for iOS devices). When you subscribe or make a purchase, you will be prompted to pay through the respective store's payment system. We do not directly handle your payment information – all billing is processed by Google or Apple. Ensure that you abide by your app store's payment terms and that your payment information is up to date to avoid interruptions.
4.1 Subscription Management
If you need to cancel or modify your subscription, you must do so through the app store's subscription management settings:
- Google Play: Go to your account's subscriptions section
- Apple App Store: Go to your Apple ID subscriptions settings
Any issues with payment, billing failures, or refund requests should be addressed through Google or Apple support, as those are the platforms that process your transactions.
4.2 Auto-Renewal and Cancellation
- All subscriptions are auto-renewing. Your subscription will automatically renew at the end of each billing period unless you cancel it beforehand.
- Once canceled, you will retain premium access until the end of the current billing period, after which your account will revert to the free version.
- To avoid being charged for the next billing period, you must cancel at least 24 hours before the renewal date.
5. User Conduct and Prohibited Uses
When using the App, you agree not to engage in any activities that are illegal, improper, or violate the rights of Nextstapp or others. Specifically, you must NOT:
- Reverse Engineer or Tamper: You must not attempt to reverse-engineer, decompile, disassemble, or hack the App, its software, or any of its features. Any attempt to access the App's source code or to bypass security measures is strictly prohibited.
- Unauthorized Use: You must not use the App in any way that is not authorized by these Terms. This includes not using the App to transmit any harmful or offensive content, not using any automated systems (bots) to interact with the App beyond its intended use, and not attempting to disrupt the normal operation of the App (for example, by deliberately overloading the system or introducing viruses).
- Violation of Laws: You must not use the App to engage in any activity that violates any applicable laws or regulations. You are responsible for ensuring that your use of the App complies with all laws that apply to you (for instance, regarding content you input into the App's AI, you should not use it for unlawful purposes).
- Resale or Commercial Use: You may not rent, sell, sublicense, or lease the App or access to the App to any other person. The App is for your personal use only. Any commercial exploitation of the App or its content without permission is not allowed.
5.1 Chat and Social Features Conduct
If you use the real-time chat feature or other social features, you agree NOT to:
- Post, share, or transmit any content that is harassing, abusive, threatening, defamatory, hateful, or discriminatory toward any individual or group
- Engage in any form of spam, advertising, promotional content, or solicitation
- Share inappropriate, offensive, sexually explicit, or otherwise objectionable content
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity
- Violate the privacy or intellectual property rights of other users
- Share personal contact information (email, phone numbers, social media accounts) of yourself or others
- Use the chat feature for any unlawful purpose or to facilitate illegal activities
- Bully, stalk, intimidate, or otherwise harass other users
5.2 Reporting and Blocking
We provide tools to help maintain a safe and respectful community:
- Blocking: You can block other users at any time. Blocked users will not be able to contact you or see your profile.
- Reporting: You can report inappropriate behavior, content, or violations of these Terms through the App's reporting feature. Please provide as much detail as possible when submitting a report.
- Review Process: When we receive reports about a user, particularly multiple reports from different users, we conduct an evaluation of the reported behavior. Based on our findings, we may take action including warnings, temporary suspensions, or permanent account termination.
6. User-Generated Content
When you upload content to the App (such as a profile photo or chat messages), you grant Nextstapp UG a non-exclusive, worldwide license to display, store, process, and use that content solely for the purpose of providing and improving the App's services.
6.1 Profile Photos
- Ownership and Rights: By uploading a profile photo, you confirm that you own the rights to the image or have permission to use it. You retain all ownership rights to your photos.
- Content Moderation: Profile photos are automatically screened for inappropriate content using NSFW detection technology. We reserve the right to remove any photo that violates our content policies, including photos containing nudity, violence, hate symbols, or other objectionable material.
- Display and Storage: Your profile photo will be displayed to other users when you use social features. Photos are stored on our servers in Germany and will be deleted when you delete your account.
6.2 Chat Messages
- Ownership: You retain ownership of the messages you send through the App's chat feature.
- Storage: Chat messages are stored indefinitely in our database (hosted in Germany) unless you delete your account.
- License: By sending messages, you grant us the right to store, transmit, and display your messages to facilitate the chat service.
6.3 AI Practice Data
- Processing: The conversations and practice sessions you conduct with the App's AI features (including text and voice inputs) are processed by our backend servers and third-party AI services (OpenAI) to provide you with feedback and improve the service.
- Ownership: While you retain ownership of the content you input, we process this data as described in our Privacy Policy. The AI-generated feedback and responses are considered part of the App's service output.
- Data Export: You do not currently have the ability to export your practice history and AI interaction data, though we may add this feature in the future. You can view your recent practice history within the App.
- Anonymous Processing: Your AI practice data is processed anonymously and is not directly linked to your personal identity in our AI processing systems.
6.4 Content Standards
All user-generated content must comply with applicable laws and must not contain:
- Illegal, fraudulent, or misleading content
- Content that infringes on intellectual property rights
- Malicious code, viruses, or harmful software
- Private or confidential information about others without authorization
We reserve the right to remove any content that violates these standards at our sole discretion.
7. Intellectual Property
All content, materials, and features provided within the App are the intellectual property of Nextstapp UG or its licensed partners. This includes (but is not limited to) the App's design, text, graphics, logos, the software code, lesson content, exercises, and AI-generated feedback. The Learn German with Practice name, Nextstapp UG's logos, and branding are also protected by intellectual property laws.
You are granted a right to use these materials only as part of using the App in accordance with these Terms. You do not obtain any ownership rights over any part of the App or its content by using the App or by purchasing a subscription. You may not copy, reproduce, distribute, publicly display, or create derivative works from any part of the App or its content, except as permitted by us in writing or as allowed under law for personal, non-commercial use.
If you wish to share content from the App (for example, a screenshot of an exercise or your progress), ensure that it's for personal use or educational commentary and that you attribute it appropriately. Unauthorized commercial use of our intellectual property is a breach of these Terms and may also violate copyright, trademark, or other laws.
8. Account Termination and Suspension
We reserve the right to suspend or terminate your account and access to the App at our discretion if:
- You violate these Terms of Use or our Privacy Policy
- Your account is reported by multiple users for inappropriate conduct, harassment, or policy violations
- You engage in fraudulent, abusive, or illegal activity
- You attempt to circumvent technical limitations or security measures
- We determine that your actions may harm other users, our reputation, or the integrity of the App
- Your account has been inactive for an extended period and we need to reclaim resources
8.1 Evaluation Process
When we receive multiple reports about a user from different members of the community, we conduct a thorough evaluation of the reported behavior. This evaluation may include:
- Reviewing reported content, messages, or behavior
- Examining chat logs and interaction history
- Assessing the severity and frequency of violations
- Considering any previous warnings or violations
8.2 Enforcement Actions
Depending on the severity of the violation, we may take the following actions:
- Warning: For minor first-time violations, we may issue a warning and require acknowledgment of the Terms
- Temporary Suspension: For more serious violations, we may temporarily suspend your account for a specified period
- Permanent Termination: For severe or repeated violations, we may permanently terminate your account
8.3 Consequences of Termination
If your account is terminated:
- You will lose access to all premium features immediately
- Your profile, chat messages, and account data may be permanently deleted
- Subscription fees are non-refundable in cases of account termination due to Terms violations
- You may be prohibited from creating a new account
You will be notified of any enforcement action taken against your account via email (if provided) or in-app notification, where legally required.
9. Refunds
All subscription purchases and refunds are subject to the policies of the app store where you made your purchase:
- Google Play Store: Refund requests must be submitted to Google Play support
- Apple App Store: Refund requests must be submitted to Apple support
We do not offer refunds beyond what is provided by the app stores. Nextstapp UG does not have the ability to process refunds for app store transactions. If you have a billing issue or wish to request a refund, please contact the relevant app store support directly.
Note: Refunds are typically not available for subscriptions terminated due to violations of these Terms.
10. Disclaimer of Warranties
The App is provided to you "as is" and "as available." While we strive to provide a high-quality learning experience, Nextstapp UG makes no warranties or guarantees of any kind about the App. We do not guarantee that the App or its content will meet your expectations, or that it will always be available, error-free, or uninterrupted. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the App and its operation.
This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that might arise from a course of dealing or usage of trade. We do not warrant that the information or results you obtain from the App (for example, feedback from the AI or learning progress) will be accurate, reliable, or suitable for your specific purposes.
You assume all risk for any use of the App and any reliance on results or information provided through it. No oral or written information or advice given by Nextstapp UG or any authorized representative shall create any warranty. Some jurisdictions do not allow the exclusion of certain warranties, so some of these disclaimers may not apply to you. However, in such cases we still only provide the App to the extent lawfully possible with limited warranty.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Nextstapp UG (Haftungsbeschränkt) and its representatives, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or exemplary damages that result from or relate to your use of (or inability to use) the App.
This includes any loss of data, loss of progress, loss of profits, personal injury, harm to device, emotional distress, or any other damages or losses, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all claims arising under or relating to these Terms or the App exceed the amount you have paid to us for the App or any subscriptions in the last twelve (12) months, or if you have not made any payments, then zero euros/dollars.
This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise. We provide educational content and exercises, but you are solely responsible for how you use the App and for any results or outcomes. If you are dissatisfied with the App or any of its content, your sole remedy is to stop using it and cancel your subscription.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you in its entirety – in such cases, our liability is limited to the greatest extent permitted by law.
12. Changes to Terms
Nextstapp UG reserves the right to modify or update these Terms of Use at any time. If we make material changes to the Terms, we will provide notice to users in an appropriate manner, such as:
- Via an in-app notification
- Via an update note on the App's store listing
- Via email (if you have provided an email address)
- By updating the "Last Updated" date at the top of this document
It is your responsibility to review any updated Terms when we notify you of changes. By continuing to use the App after any changes to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App and may cancel your subscription.
We may also update the App itself periodically with new features, improvements, or bug fixes, and the continued use of updated versions will still be subject to the then-current Terms.
13. Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising from your use of the App are governed by the laws of Germany, without regard to its conflict of law principles. You agree that any disputes will be resolved exclusively in the courts of Berlin, Germany.
If you are a consumer residing in the European Union or another jurisdiction with mandatory consumer protection laws, you may have the benefit of any applicable provisions of law that are required to apply to your locale, but in all cases, the governing law will be German law to the extent not overridden by such consumer protections.
By using the App, you consent to the jurisdiction of the Berlin courts for any legal action arising out of or relating to the App or these Terms.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Nextstapp UG regarding your use of the App and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Nextstapp UG.
16. Contact Information
If you have any questions, comments, or concerns about these Terms of Use or the App itself, please contact Nextstapp UG. You can reach us using the contact details provided below:
Nextstapp UG (Haftungsbeschränkt)
Attn: Serdar Degirmenci (Managing Director)
Address: Bartschiner Straße 31b, 12355 Berlin, Germany
Mobile Phone: +49 178 616 65 81
Email: nextstapp.tech{'@'}gmail.com
You may also use the contact options provided in the app store or within the App to get in touch with us.
By using the "Learn German with Practice" App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms or policies, please refrain from using the App.
