cabuu GmbH (hereinafter cabuu)
73249 Wernau (Neckar)
offers scientifically based training by means of a mobile app for learning vocabulary for use on mobile devices (e.g. smartphone or tablet, hereinafter "devices").
1.5 The use of the cabuu App is only intended for consumers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) (hereinafter referred to as the "User"). The User does not have to register to use the basic version of the cabuu App. However, without registration, the use of the services is restricted (see section 4).
1.6 Minors under the age of 14 may not download and use the cabuu App in its free basic version and in its premium version for which a charge is made without the consent of their legal guardian.
2.1 cabuu offers the cabuu App in a basic version and with an upgrade to the premium version.
2.2 Use of the basic version is free of charge. No fees are charged either for the use of the basic version or for the trial use of the premium version, nor for registration.
3.3 In the case of in-app purchases, the contract is concluded when the user first selects the premium version with the additional functions within the app and then clicks the "Buy" button on the payment function offered by the respective sales platform.
3.4 The user receives an e-mail confirming the conclusion of the contract regarding the premium version, in which the content of the contract is reproduced.
3.5 The user has no claim to the conclusion of a usage contract regarding the cabuu app as a whole or to individual or all functionalities of the cabuu app, in particular constant availability.
3.6 After downloading the cabuu App to the end device, the user can register in the App by entering a user name and e-mail address of his choice to create a user account. There is no entitlement to the allocation of a specific user name. Each user can only have one user account. The user's data will only be used in connection with the cabuu app and will not be passed on to third parties. After receipt of the registration, cabuu sends the user an automatic confirmation by e-mail. This e-mail contains a link through which the user can complete his registration. The registration is only completed when the user clicks on the link (so-called "double-opt-in"). The link is valid for 14 days. If it is not activated during this period, cabuu will delete the user's registration data after the 14 days have expired.
3.7 The basic version of the cabuu app can be used with or without registration. Registration is required to upgrade to the premium version.
4.1 The cabuu App is available for the operating systems iOS and Android via the sales platform "Apple App Store" under the title "cabuu - Vokabeln lernen" or "Google Play" under the title "cabuu - Vokabeln lernen" (hereinafter referred to as "sales platform").
4.3 The cabuu App provides the user with the following functionalities, among others:
4.3.1 The user can learn vocabulary in groups using vocabulary lists (hereinafter "learning lists").
4.3.2 In the basic version, after selecting a learning list, the user can learn this vocabulary in a "fast pass", in which the vocabulary is presented in learning and test units. In the learning units, vocabulary meanings are conveyed to the user by means of animations and graphics, among other things, in which the user has to become active himself/herself by finger gestures in some cases. In the test units, the user is tested on what he or she has learned by means of word puzzles. In the paid premium version, it is also possible, after selecting a learning list and entering a date as the target for learning the learning list, to have a learning plan created that contains daily vocabulary exercises for learning the vocabulary on the learning list until the specified date is reached. The daily vocabulary exercises include learning and testing units.
4.3.3 In the basic version, the user can create learning lists by manually entering word pairs, save them in the cabuu app and use them. In addition, he can download, save and use learning lists already provided by cabuu for specific topics. The user can download the basic version to several end devices used by him/her.
4.3.4 If the user has not registered, his learning lists are only available on the device on which he has created them. If the user has registered, his learning lists, his learning progress and his learning plan are available on all devices on which he has registered with this registration data.
4.3.5 The paid premium version includes additional functions that are not included in the free basic version. In the premium version, the user can also create learning lists by photographing printed lists of word pairs, which he can save and use in the cabuu app. He can also manually add to these learning lists, change them or delete all or part of them. These learning lists are also stored on the cabuu server and can therefore be used by the user on different end devices during the term of the premium version. To do this, the user must have installed the free basic version of the cabuu app on the end device they are using and log in to the cabuu app on the end device they are using.
4.3.6 The use of the premium version requires a paid upgrade, which can be acquired by means of an in-app purchase or a purchase via the website. For the use of the premium version, the user pays a monthly or annual fee during the term (see in detail under section 14).
4.4 cabuu makes every effort within its technical and organisational possibilities to make the cabuu App and its functionalities available at all times, but does not guarantee uninterrupted availability. In particular, due to maintenance work, disruptions caused by the Internet or force majeure, usability may be restricted or completely suspended.
4.5 The cabuu App is subject to constant development, therefore cabuu reserves the right to change, delete, expand or offer the functionalities of the cabuu App as part of the basic version at any time, temporarily or permanently, at its own discretion. In the latter case, the user of the premium version is not entitled to a refund of any amounts already paid.
5.1 The use of the cabuu app requires the functionality and operational readiness of the user's end device and the user's mobile network. For example, the transfer of the photographed list of word pairs to the app is not available without an Internet connection. The functionality and operational readiness of the user's terminal device and the user's mobile network are not the subject of cabuu's services. The user is responsible for this and must bear any charges that may be incurred in this connection.
5.2 cabuu reserves the right to further develop the cabuu App. In order to use the cabuu App, it is therefore necessary in particular to keep the operating system of the end device and the cabuu App up to date. Adjustments to the cabuu app may also mean that older end devices in particular will not meet the requirements in the future or will only do so to a limited extent.
6.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them of below in accordance with the statutory model. You have the right to withdraw from this contract within fourteen days without giving any reason. In order to exercise your right of withdrawal, you must inform us (cabuu GmbH, Weidachgasse 13, 73249 Wernau (Neckar), fax ..., e-mail address ...) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form below for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
- End of the cancellation policy -
6.2 The Provider informs you about the model withdrawal form in accordance with the statutory provisions as follows:
Model cancellation form
(If you wish to cancel the contract, please fill in and return this form).
To cabuu GmbH, Weidachgasse 13, 73249 Wernau (Neckar), Fax 07153/8940983, firstname.lastname@example.org
I/we (*) hereby revoke 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 the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*)Delete as applicable
7.1 During the first 7 days after downloading the cabuu App via "Google Play", the cabuu App is available to the user free of charge with all the functions of the premium version. In this case, users have no claim to permanent use of the cabuu App.
7.2 After the trial period of 7 days, the basic version of the cabuu App is automatically available to the user free of charge for an unlimited period of time.
7.3 The user has the option of continuing to use the functions of the premium version if he/she purchases the paid upgrade to the premium version by means of an in-app purchase or a purchase via the website.
8.1 The user who downloads the cabuu App via the "Apple App Store" can test the additional functions of the premium version of the cabuu App within the framework of the minimum contract term of the premium version. In the first 7 days of the minimum contract term, the premium version of the cabuu App is available to the user free of charge.
8.2 The user can terminate the contract for the premium version within the first 7 days without notice. If the user does not terminate the contract by the end of the test phase, the contract will run until the end of the agreed minimum contract period, unless the contract for the premium version is terminated 14 days before the end of the contract period. The user shall incur the agreed costs for the remaining contract term.
8.3 If the user terminates the contract for the premium version during the test phase, the basic version of the cabuu app is automatically available to the user free of charge for an unlimited period of time.
9.1 The cabuu app contains digital content. This includes information, materials and media contained in the cabuu App, in particular texts, data, graphics, animations, sounds and other content.
11.1 The user is responsible for ensuring that the information provided to cabuu during registration and use of the cabuu app is true and complete. The user undertakes to inform cabuu immediately of any changes to the information and to confirm the accuracy of the information on request.
11.4 It is not permitted to provide, publish, license, sell or otherwise commercially exploit the cabuu App to third parties, whether in return for payment or free of charge. Nor may any rights to the cabuu App be rented, leased or otherwise granted or transferred.
11.5 You may not modify, adapt, translate, create derivative works from, reverse engineer, disassemble or otherwise attempt to derive the source code of the cabuu App. Legal powers remain unaffected by this. In particular, any manipulation of the cabuu App or the program code, for example by means of viruses, Trojans or other harmful program codes or other actions or tools that could lead to damage to the cabuu App, is also prohibited.
11.6 It is prohibited to make content accessible or to distribute content if and insofar as it violates legal regulations, the rights of third parties or common decency. It is also prohibited to distribute advertising. It is forbidden to publish content that depicts violence, sexual acts, discriminatory, insulting, racist, defamatory or other illegal content.
12.1 The user must treat the access data required to register for his user account as confidential and must not disclose this data to third parties.
12.2 The user shall inform cabuu without delay as soon as he becomes aware or suspects that unauthorised third parties have gained knowledge of the access data. In this case, the user will change his data or have it changed by cabuu. In such a case, cabuu has the right to block the user's account and will provide the user with new access data upon request within a reasonable period of time. Further claims resulting from the temporary blocking of the user account or the change of access data are excluded.
12.3 The user may not transfer the user account to third parties, either for a fee or free of charge.
12.4 It is prohibited to use the user account of another user.
12.5 The user may not misuse the cabuu app. Misuse is deemed to have occurred in particular if the user
- makes statements which, to the best of his knowledge, are false
- takes measures aimed at circumventing technical protective measures or
- uses the services for purposes other than those for which they were intended.
12.7 Misuse of the cabuu app entitles cabuu to terminate the contract without notice. cabuu also reserves the right to take further legal action.
The user indemnifies cabuu against all third-party claims asserted by third parties against cabuu due to an infringement of their rights by his conduct. The user shall also reimburse cabuu for any reasonable costs incurred by cabuu as a result, in particular the costs incurred by cabuu for any necessary legal defence. The above obligations do not apply if the user is not responsible for the infringement in question. All further rights and claims for damages of cabuu remain unaffected.
14.1 The user receives the free basic version of the cabuu app free of charge. The user agreement concerning the basic version runs for an indefinite period of time and can be terminated by the user and/or cabuu at any time without notice and without giving reasons. The user can terminate the usage agreement concerning the basic version by deleting the cabuu app. cabuu may terminate the usage agreement concerning the basic version by permanently discontinuing the services towards the user. Usually, the termination can be made in writing by letter, fax or e-mail. The deletion of the app does not automatically result in the termination of any existing usage contract for the premium version. Written notice of termination is required for this purpose.
14.2 The use of the additional functions of the premium version is subject to a charge and is limited to the agreed term. The following prices apply to the premium version of the cabuu App, which are displayed in the App and via the respective sales platform and are transmitted in the order confirmation for the respective order:
Annual subscription 29.99€/year with annual billing
Monthly subscription 5.99€/month with monthly billing
If you have taken advantage of a discount, such as a voucher, rebate or similar, for the first contract period, the regular price at the time of conclusion of the contract will be due in the event of a renewal, unless otherwise expressly agreed at the time of conclusion of the contract.
14.3 The user is liable to cabuu for cancellations or charges for which he is responsible, e.g. due to insufficient funds in his account. The user shall bear the costs regularly incurred as a result (e.g. fees of the payment processor) and the processing fee of EUR 10. The user has the right to prove that no damage or not the required amount of damage has been incurred.
14.4 In the event of late payment, cabuu is entitled to suspend the services and block the user's account, irrespective of the user's continuing obligation to pay. No service fee is due during this period. In addition, cabuu is in any case entitled to charge the statutory interest on arrears at a rate of five percentage points above the base interest rate applicable at the time.
14.5 cabuu is entitled to change the price for the premium version at its own discretion.
14.6 Invoices are issued electronically for the first time at the beginning of the minimum term and, in the case of an extension of the term, at the beginning of the further term. The User shall waive invoicing in paper form.
14.7 The minimum term for the use of the additional functions of the premium version is 12 months for an annual subscription and one month for a monthly subscription. The minimum contract period shall be automatically extended by a further 12 months or one month if the contract for the premium version is not terminated by the user in due time with a notice period of one day to the end of the respective term.
14.9 Termination for good cause and termination of the premium version can be made in writing by letter, fax or e-mail.
14.10 After termination of the premium version at the end of its term, the cabuu app continues to be available to the user free of charge and for an unlimited period in the basic version, unless the user also terminates the user contract for the basic version. The user account continues to exist after termination of the premium version only. The learning lists created during the use of the Premium Version shall be retained and can continue to be used in the event of a renewed upgrade to the Premium Version.
14.11 If a user account exists during the free trial phase or during the use of the basic version, the user can delete his user account under "Profile" under the link "Delete account". No user account is required to use the basic version. However, upon deletion of the user account, the learning lists created in the premium version are no longer available/are not retained and are no longer available in the event of a renewed upgrade to the premium version.
14.12 If the user contract concerning the premium version ends due to extraordinary termination, the user contract concerning the basic version also ends and the user's user account including all learning lists created by the user are completely deleted.
15.1 With respect to the basic version, all claims of the user based on defects of title or quality are excluded, with the exception of assumed warranties. Liability for fraudulent intent and wilful misconduct remains unaffected by the aforementioned exclusion of warranty.
15.2 With regard to the functionalities of the Premium Version, the statutory warranty law shall apply, excluding liability for damages regardless of fault for defects that were already present at the time of conclusion of the contract.
15.3 In all other respects the following shall apply:
For claims based on damage caused by cabuu, cabuu's legal representatives or vicarious agents, cabuu shall always be liable without limitation
in the event of culpable injury to life, limb or health
in the event of intentional or grossly negligent breach of duty in the case of guarantee promises, insofar as this has been expressly agreed, and
as soon as the scope of application of the product liability law is opened.
In the event of a breach of contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), caused by slight negligence on the part of cabuu or cabuu's legal representatives or vicarious agents, liability is limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
17.1 The laws of the Federal Republic of Germany shall apply with the exception of its conflict of law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
17.3 General duty to inform according to § 36 VSBG: cabuu is generally not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
17.4 Duty to inform according to the ODR Regulation: The European Commission provides a platform for online dispute resolution (so-called ODR platform). You can find this here: http://ec.europa.eu/consumers/odr