TERMS AND CONDITIONS

Welcome to cabuu!

Die cabuu GmbH (hereafter cabuu)
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Maienfeldstraße 34a
63303 Dreieich
email: support@cabuu.de

offers scientifically based training using a mobile app for learning vocabulary for use on mobile devices (e.g. smartphone or tablet, hereinafter “devices”).

Please read our terms of use for our cabuu apps carefully.

1. Scope

1.1 These terms of use form the legal framework for the use of the cabuu apps “cabuu - learn vocabulary” and “Cornelsen English trainer 3/4 (powered by cabuu)” in their free basic version and with their paid upgrade to the premium version and all related services (hereinafter collectively “cabuu apps”). By agreeing to these terms of use, users of cabuu apps and cabuu conclude a user agreement (hereinafter “user agreement”).

1.2 The current terms of use can be accessed via the menu in the profile area in the cabuu apps. The latest version of the terms of use is also available for download or printout at https://www.cabuu.app/agb. cabuu reserves the right to adapt these terms of use as needed. cabuu informs the user of changes to the terms of use and makes the updated version available. If the user does not object to the change in the terms of use by email within a period of 6 weeks, they are considered accepted. If he objects within the period, he and cabuu are entitled to duly terminate the user contract in accordance with Section 12. In this case, cabuu is entitled to delete any existing user account of the user after termination of the user agreement.

1.3 In addition to these terms of use, the regulations of the respective sales platform (for example Google Play for Android devices or Apple App Store for iOS devices) apply to the download of cabuu apps and the in-app purchase of the premium version of the cabuu apps.

1.4 There is no contract of use with the respective sales platform. Cabuu and not the distribution platforms are responsible for the cabuu apps, including with regard to any support or maintenance or in the event that the cabuu apps and/or this user agreement infringe the rights of third parties. The same applies to all claims made by the user under the user contract, in particular but not exclusively regarding warranty for defects or other performance failure rights as well as complaints of any kind regarding the fulfilment of legal or official requirements of the cabuu apps. If you have any complaints, claims or questions about the cabuu apps, the user should contact cabuu. Cabuu's contact details are listed in these terms of use and can also be found in the legal notice of the website www.cabuu.app/impressum.

1.5 The use of cabuu apps is only aimed at consumers within the meaning of Section 13 BGB (Civil Code) (hereinafter “users”). The user does not have to log in to use the basic version of the cabuu apps. However, without registration, the use of the services is restricted (see section 4).

1.6 Minors under 14 years of age may not download and use the cabuu apps in their free basic version and in their paid premium version without the consent of their legal guardians.

2. Scope of the offer

2.1 cabuu offers the cabuu apps in a basic version and with an upgrade to the premium version.

2.2 The basic version is free to use. There are no fees for the use of the basic version, the trial use of the premium version, nor for registration.

2.3 If the user decides to upgrade the basic version to the premium version, the use of the premium version after or outside the test phase is subject to a fee. Details of the premium version are set out in Section 4 and Section 14 of these Terms of Use.

3. Conclusion of contract and registration

3.1 The contract for the use of the basic version of the cabuu apps, including the granting of rights to use the app, is concluded when the user taps the “download” or “install” button on the sales platform and agrees to these terms of use.

3.2 The contract for the use of the premium version of the cabuu apps, including the granting of rights to use the app, is concluded when the user taps the “buy” button on the sales platform and agrees to these terms of use.

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 email to confirm the conclusion of the contract regarding the premium version, which reproduces the content of the contract.

3.5 The user is not entitled to conclude a user agreement regarding the cabuu apps as a whole or to individual or all functionalities, in particular continuous availability.

3.6 After downloading the cabuu apps onto the device, the user can register in the app to create a user account by entering a user name and an email address. There is no right to assign a specific user name. Each user can only have one user account. The user's data is only used in connection with the cabuu app and is not passed on to third parties. After receipt of registration, cabuu sends the user an automatic confirmation by email. This email contains a link that the user can use to complete their registration. Registration is only complete 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 deletes the user's registration data after 14 days.

3.7 The basic versions of the cabuu apps can be used with or without registration. Registration is required to upgrade to the premium version.

4. Subject matter of the contract

4.1 The cabuu apps are available on the iOS and Android operating systems via the “Apple App Store” or “Google Play” sales platform (hereinafter referred to as “sales platform”).

4.2 The subject of these terms of use is the provision of the cabuu apps for use together with the granting of the rights required for their use in accordance with the contract in accordance with these terms of use.

4.3 The cabuu apps provide the user with the following functionalities, among others:

4.3.1 Not all functions are included in the free basic version and differ in the respective apps as follows:

app “cabuu - learn vocabulary”:

• There are two learning modes available to the user: learning vocabulary with digital index cards (referred to as a “card check” in the app) and a query mode similar to a vocabulary test.
• It is possible to select a list to learn
• Add vocabulary via word input
• Basic learning statistics

app “Cornelsen English Trainer 3/4 (powered by cabuu)”

• In the basic version, after selecting a learning list, the user can learn these words “quickly”, in which the vocabulary is presented in learning and test units.
• When learning, vocabulary meanings are conveyed to the user, among other things, through animations and graphics, in which the user sometimes has to take action himself through finger gestures.
• Query mode in the form of a vocabulary test.

‍4.3.2 The paid premium version includes additional functions and content that are not included in the free basic version. These functions differ in the respective apps as follows:‍

app “cabuu - learn vocabulary”:

• The premium version offers users three additional learning modes: intelligent mode, sprint and marathon.
• In the learning units, vocabulary meanings are taught to the user, among other things, through animations and graphics, in which the user sometimes has to take action himself using finger gestures.
• The user can learn up to five learning lists at the same time.
• In the premium version, the user can also create and learn learning lists by taking pictures of printed lists of word pairs.
• Advanced learning statistics and progress indicators.

app “Cornelsen English Trainer 3/4 (powered by cabuu)”:

• The premium version includes Sally and Sunshine by Cornelsen's vocabulary packs for the 3rd and 4th grade and can be selected as a learning list.
• After selecting a learning list and entering a date as a target for learning the learning list, it is also possible to have a learning plan created which 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 sessions.

‍4.3.3 The use of the premium version requires a paid upgrade, which can be purchased via 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 section 14 in detail).
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4.4 Within the scope of its technical and organizational capabilities, cabuu makes every effort to make the cabuu apps and their functionalities available at all times, but does not guarantee uninterrupted availability. In particular, usability may be restricted or completely suspended due to maintenance work, disruptions caused by the Internet or due to force majeure.
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4.5 The cabuu apps are subject to continuous development, so cabuu reserves the right to change, delete, expand or offer the functionalities of the cabuu apps as part of the basic version at any time, temporarily or permanently. In the latter case, the user of the premium version is not entitled to a refund of amounts already paid.

5. Technical requirements for using cabuu apps

5.1 The use of the cabuu apps requires the functionality and operational readiness of the user's terminal 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 himself is responsible for this and must bear any fees that may arise in this context.

5.2 cabuu reserves the right to further develop the cabuu apps. In order to use the cabuu apps, it is therefore particularly necessary to keep the operating system of the terminal device and the cabuu apps up to date. Adjustments to the cabuu apps may also mean that older devices in particular will not meet the requirements in the future or will only meet them to a limited extent.

6. Right of withdrawal

6.1 When concluding a distance selling transaction, consumers generally have a legal right of withdrawal, which the provider provides information about below in accordance with the legal model. Section 6.2 contains a sample withdrawal form.

Cancellation policy Right of withdrawal:

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (cabuu GmbH, Weidachgasse 13, 73249 Wernau (Neckar), fax..., email address...) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

Consequences of cancellation: If you cancel this contract, we must 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 cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.

6.2 In accordance with legal regulations, the provider provides information about the sample withdrawal form as follows:

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To cabuu GmbH, Maienfeldstr. 34a, 63303 Dreieich, support@cabuu.de
I/we (*) hereby cancel 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 consumer (s)
— Address of consumer (s)
— Signature of consumer (s) (only if notified on paper)
— Date
(*) Delete where incorrect

7th test phase for the “cabuu - learn vocabulary” app available via “Apple App Store” and “Google Play”

7.1 The user can test the additional functions of the premium version of the app as part of the minimum contract period. For the first 7 days of the minimum contract period, the premium version of the app is available to the user free of charge.

7.2 The user can cancel the contract for the premium version within the first 7 days without notice. If no cancellation is made by the user by the end of the test phase, the contract will run until the end of the agreed minimum contract period. For the rest of the contract period, the user will incur the agreed costs.

7.3 If the user cancels the premium version contract during the test phase, the basic version of the app “cabuu - learn vocabulary” is automatically available to him free of charge for an unlimited period of time.

8. Content rights

8.1 The cabuu apps contain digital content. This includes information, materials and media, in particular texts, data, graphics, animations, sounds and other content.

8.2 The digital content is protected by copyright, trademark and design rights, among other things. Rights to this content are granted exclusively in accordance with the following section 9 of these terms of use.

9. Granting of rights

9.1 cabuu grants the user a simple, i.e. non-exclusive, revocable, non-transferable and non-sublicensable right to use the cabuu apps only for private purposes in accordance with these terms of use. Contractual use includes downloading, loading, displaying, expiring and using the functions of the cabuu apps to the agreed extent. The use of the free basic version is unlimited in time. The use of the additional functions of the paid premium version is limited in time to the agreed period of use.

9.2 The granting of rights of use is conclusive, subject to compliance with the terms of use. In the event of a violation of these terms of use, the rights of use expire automatically.
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9.3 In addition to the loss of rights of use, a violation of these terms of use may have further legal consequences for the user, for example if the cabuu apps are used unlawfully. This may include injunctive relief and compensation claims.

10. Duties and Responsibility of the User, Prohibitions

10.1 The user guarantees that the information provided by him to cabuu when registering and using the cabuu apps to cabuu is true and complete. The user undertakes to immediately inform cabuu of any changes to the information and, upon request, to confirm the accuracy of the information.

10.2 The user is obliged to use the cabuu apps only lawfully in accordance with these terms of use and in accordance with applicable law.

10.3 The user agrees that he will not use the cabuu apps in any way that contradicts or violates these terms of use or other contracts between the user and third parties.

10.4 It is not permitted to transfer, publish, license, sell or otherwise commercially exploit the cabuu apps to third parties for a fee or free of charge. Nor may any rights to the cabuu apps be rented, leased or otherwise granted or transferred.

10.5 It is not permitted to change, adapt, translate, create derivative works from the cabuu apps, reverse engineer, disassemble or otherwise attempt to derive the source code. Statutory powers remain unaffected by this. In particular, any manipulation of the cabuu apps or program code, for example by viruses, Trojans or other harmful program codes or other actions or tools that could cause damage to the cabuu apps, is also prohibited.

10.6 It is prohibited to make available or distribute content if and to the extent that it violates legal regulations, third-party rights or morality. It is also prohibited to distribute advertising. It is prohibited to publish content that involves depictions of violence, sexual acts, discriminatory, insulting, racist, defamatory, other illegal content.

11. User account, prohibition of misuse and blocking

11.1 The user must keep the login details required to log in to their user account confidential and may not disclose these to third parties.

11.2 The user shall immediately inform cabuu as soon as he becomes aware or suspects that the access data is known to unauthorised third parties. 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 account and, in such a case, will provide the user with new login details within a reasonable period of time. Further claims as a result of the temporary blocking of the user account or changing the login details are excluded.

11.3 The user may not transfer the user account to third parties, either for payment or free of charge.

11.4 It is prohibited to use another user's account.

11.5 The user may not misuse the cabuu apps. Misuse occurs in particular when the user
— provides information that is incorrect to the best of his knowledge
— takes measures aimed at circumventing technical protective measures, or
— uses the services for misuse

11.6 If there are reasons to suspect misuse, cabuu is entitled to block the cabuu apps for the user in whole or in part. The same applies if there are reasons to believe that the user is violating these terms of use.

11.7 Misuse of the cabuu apps entitles cabuu to terminate it without notice. Cabuu also reserves the right to take further legal action.

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12th Third party property rights

The user releases cabuu from all claims made by third parties against cabuu due to an infringement of their rights as a result of his conduct. The user also reimburses cabuu for reasonable costs arising as a result, in particular the costs that cabuu may incur as a result of any necessary legal defense. The above obligations do not apply as long as the user is not responsible for the relevant infringement. All further rights and compensation claims made by cabuu remain unaffected.

13. Fee, invoicing, duration and termination

13.1 The user receives the free basic version of the cabuu apps free of charge. The user contract for the basic version runs for an indefinite period and can be terminated by the user and/or cabuu at any time without notice and without giving reasons. The user can cancel the user contract relating to the basic version by deleting the cabuu app. cabuu can cancel the user contract for the basic version by permanently discontinuing the services provided to the user. I. ü. the termination can be made in writing by letter, fax or e-mail. Deleting the app does not automatically result in the cancellation of any existing premium version usage contract. This requires written notice of termination.

13.2 The use of the additional functions of the premium version is chargeable and limited to the agreed term. The following prices apply to the premium version of the cabuu apps, which are displayed in the app and via the respective sales platform and sent in the order confirmation for the respective order:

“cabuu - learn vocabulary”

Annual subscription 39.99€/year when billed annually
Monthly subscription 9,99€/month when billed monthly

“Cornelsen English Trainer 3/4"

Annual subscription €7.99/year when billed annually

The prices include any applicable statutory sales tax. Payment for the upgrade to the premium version is processed via the respective sales platform. The terms of use and payment of the respective sales platform apply in addition to these terms of use. In the event of contradictions between the terms of use and payment of the respective sales platform and these terms of use, the terms of use and payment of the respective sales platform take precedence.

If you have taken advantage of a discount, such as a voucher, discount or similar, for the first contract period, the regular price will be due at the time the contract is concluded, unless otherwise expressly agreed upon conclusion of the contract.

13.3 The user is responsible to cabuu for cancellations or charges for which he is responsible, e.g. due to lack of account funds. The user bears the costs arising from this on a regular basis (e.g. payment processor fees) and the resulting processing fee of 10 euros. The user has the right to prove that no damage occurred or did not occur to the extent required.

13.4 In the event of late payment, cabuu is entitled to discontinue the services and block the user account regardless of the continued payment obligation of the user. There is no service fee during this period. In addition, cabuu is in any case entitled to charge statutory default interest of five percentage points above the applicable base interest rate.

13.5 cabuu is entitled to change the price for the premium version at its own discretion.

13.6 Invoicing is made electronically for the first time at the start of the minimum term and, if the term is extended, at the start of the further term. The user refrains from invoicing on paper.

13.7 The minimum period for using the additional features of the premium version is 12 months with an annual subscription and one month with a monthly subscription. The minimum contract period is automatically renewed 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 before the respective end of the respective term.

13.8 Both contracting parties are entitled to terminate the contractual relationship for the basic version or the premium version at any time without notice if there is good cause. An important reason for cabuu lies in particular in a violation of these terms of use by the user.

13.9 Cancellation for good cause and cancellation of the premium version can be made in writing by letter, fax or e-mail.

13.10 After canceling the premium version at the end of its term, the basic version of the cabuu app will continue to be available to the user free of charge and for an unlimited period of time, unless the user also terminates the user agreement for the basic version. After cancellation, only the premium version of the user account will continue to exist. The learning lists that were created while using the premium version are retained and can continue to be used when upgrading to the premium version again.

13.11 If a user account exists as part of the free trial period or while using the basic version, the user can delete their user account under “Profile” under the “Delete account” link. No user account is required to use the basic version. However, when the user account is deleted, the learning lists created in the premium version are no longer available/will not be retained and will no longer be available in the event of a new upgrade to the premium version.

13.12 If the user contract relating to the premium version ends due to extraordinary termination, the user contract relating to the basic version also expires and the user account of the user, including all learning lists created by the user, is completely deleted.

14. Warranty and liability

14.1 With regard to the basic version, all claims made by the user due to legal or material defects are excluded, with the exception of assumed guarantees. Liability for malice and intent remains unaffected by the above disclaimer of warranty.

14.2 With regard to the functionalities of the premium version, the statutory warranty law applies to the exclusion of no-fault liability for damages that already existed at the time of conclusion of the contract.

14.3 In addition, the following applies:
Cabuu is always fully liable for claims due to damage caused by cabuu, cabuu's legal representatives or vicarious agents
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 warranty promises, to the extent expressly agreed, and
as soon as the scope of application of the Product Liability Act has been opened.

In the event of a breach of contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) caused by slight negligence on the part of cabuu or the legal representatives or vicarious agents of cabuu, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, which must typically be expected to occur. In addition, claims for compensation are excluded or limited to the extent permitted by law.

15. data protection

cabuu complies with the relevant data protection requirements. Die Privacy statement provides more detailed information about the processing of the user's personal data in connection with the cabuu apps.

16. General provisions

16.1 The law of the Federal Republic of Germany applies, with the exception of its conflict of law provisions and to the exclusion of the UN Sales Convention.

16.2 Should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining terms of use. The contracting parties mutually replace the invalid provision with such a provision which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision applies mutatis mutandis in the event of a regulatory gap.

16.3 General information requirement in accordance with § 36 VSBG: cabuu is generally not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16.4 Information requirement under ODR Regulation: The European Commission provides a platform for online dispute resolution (so-called OS platform). You can find them here: http://ec.europa.eu/consumers/odr