Terms of Use

1. Scope of Application

1.1. These Terms of Use govern the contractual relationship between Philipp Manhart, Jasminstraße 9, 80939 Munich, Germany (hereinafter referred to as the "Provider") and the registered users (hereinafter referred to as the "Users") of the web application "SpaceRep" (hereinafter referred to as the "Service").

1.2. By registering for the Service, the User expressly agrees to these Terms of Use.

2. Subject Matter of the Service

2.1. "SpaceRep" is a free-of-charge offering ("Beta Version") that enables Users to create, store, synchronize, import, and study digital flashcards.

2.2. Private Use and Sharing via Share Code: Content is generally intended for the User's personal use. The Service may provide functions that allow Users to share individual flashcard decks ("Decks") with selected other persons via a share code. A public search, public marketplace, or general publication of User content is not part of the Service.

2.3. Import of Content: Users may import content from supported file formats or via share codes. The User is responsible for ensuring that they are authorised to import, store, and use such content.

2.4. The Service is provided on an "as is" basis. There is no entitlement to:

• uninterrupted availability of the Service;
• error-free operation of the software; or
• permanent storage of data.

Warning Notice: As this is a free beta version, Users are strongly advised to back up important learning content separately. The Provider assumes no liability for any loss of data.

2.5. Modification and Termination of the Service: The Provider reserves the right to modify, suspend, or discontinue the Service at any time. In the event of discontinuation of the Service, the Provider will notify Users at least 30 days in advance via email and provide them with the opportunity to export their data. Immediate shutdown is possible in the event of security threats or other compelling technical or legal reasons.

3. Registration and User Account

3.1. Use of the Service requires registration. Registration may be completed with an email address and password or through a third-party login method supported by the Provider. The Provider currently supports Google Login.

3.2. If registering with an email address and password, the User is obliged to keep the password confidential and protect it from access by third parties. If using a third-party login method, the User is also obliged to protect the relevant third-party account against unauthorised access.

3.3. The User must ensure that they are authorised to use the Service and, where applicable, the third-party login method. Minors may use the Service only if they are legally permitted to do so under applicable law or if the required consent of their legal representatives has been obtained.

4. User Content

4.1. Users may store or import their own texts, images, flashcards, decks, and other learning content within the Service.

4.2. User Responsibility: The User is solely responsible for ensuring that content they create, upload, import, store, or share is lawful and does not infringe third-party rights. This applies in particular to copyrights, trademarks, personality rights, data protection rights, and other protected rights.

4.3. Warranty of Rights: The User warrants that they have all rights required to store, process, synchronize, import, and use the relevant content in the Service and, where the sharing function is used, to make such content available to other Users via a share code.

4.4. Grant of Rights to the Provider: The User retains all rights to their content. The User grants the Provider a simple, non-exclusive, worldwide, royalty-free right to technically store, reproduce, transmit, convert, compress, display, and process the content to the extent necessary for operating the Service, synchronization, backups, import, export, support, abuse prevention, and provision of the Service.

4.5. Sharing with Other Users: If the User shares a Deck via a share code, the User additionally grants the Provider the right to make that Deck, including contained texts and images, available to the recipient of the share code. The recipient may import the shared Deck into their own User account, store it there, edit it, and use it for their own learning purposes. The sharing User is responsible for being authorised to do so.

4.6. No General Monitoring Obligation: The Provider does not generally review User content in advance. The Provider reserves the right to remove content, deactivate share codes, restrict functions, or suspend User accounts if there are concrete indications of unlawful content, rights infringements, misuse, or violations of these Terms of Use.

4.7. Prohibited Content: It is prohibited to store, import, or share content that violates applicable law or third-party rights. This includes in particular content that is criminal, glorifies violence, incites hatred, is pornographic, child-abusive, discriminatory, insulting, threatening, otherwise unlawful, or infringes copyrights, trademarks, personality rights, or data protection rights of third parties.

4.8. Reporting Rights Infringements and Abusive Content: Rights infringements, abusive content, or other complaints may be reported to the Provider at philipp-manhart [at] outlook.de. Where possible, the report should include the affected content, the share code or other information identifying the content, a description of the issue, and contact details for follow-up questions. The Provider will review justified reports and take appropriate measures.

4.9. Indemnification: The User shall indemnify the Provider against third-party claims arising from the User unlawfully creating, uploading, importing, storing, or sharing content, to the extent that the User is responsible for the infringement. This also includes reasonable costs of legal defence.

5. Liability

5.1. For the free use of the Service, the Provider shall be liable, in accordance with the statutory provisions applicable to gratuitous services under German law (Section 521 of the German Civil Code – Bürgerliches Gesetzbuch, BGB), only in cases of intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit).

5.2. Any further liability, in particular for data loss or availability of the Service, is excluded.

6. Final Provisions

6.1. The law of the Federal Republic of Germany shall apply.

6.2. Should any provision of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.