Terms and Conditions

Introduction

Welcome to Examdojo GmbH ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, mobile application, and any services provided by Examdojo. By using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.

A. Scope of Services

We provide a platform (the "Platform") for students at https://app.examdojo.com. On the Platform, we offer the following services (collectively, the "Service"):

  • Access to educational content such as learning videos, exercises, summaries, etc. (the "Learning Platform").
  • Our AI-powered tutoring services ("AI Tutoring") provide personalized study guidance, question-based test preparation, and instant feedback using AI-driven algorithms.

B. Use of the Platform

I. Conclusion of Contract

  1. If you create an account, you will be able to use the Service upon conclusion of a paid service contract (hereinafter referred to as "Subscription").
  2. If you create an account, you will be asked to enter certain additional personal data. By clicking on the "Subscribe" button after entering the required data, you are making an offer to use the Platform and to purchase a paid Subscription. The contract to use the Platform is concluded between us and you upon receipt of an email confirming the activation of your account and the Subscription.
  3. If you create an account, you also have the option of concluding a contract to use the Platform and to purchase a paid Subscription directly within https://app.examdojo.com (hereinafter referred to as "In-App Purchase"). To do this, you must select the subscription screen within the Platform, confirm the purchase of the Subscription once again by pressing the "Subscribe" button. By confirming the In-App Purchase, you are making an offer to use the Platform and to purchase a paid Subscription. The contract to use the Platform is concluded between us and you upon receipt of an email confirming the activation of your account and the Subscription.
  4. To be able to submit an offer, you must be of legal age and have legal capacity according to the law of your habitual residence. If you have limited legal capacity and require the consent of your legal representative(s) to make an effective offer, the validity of the contract shall depend on the authorization of the legal representative(s).

II. Cancellation

1. Right of Cancellation

Below, we inform you about your legal right of cancellation. This information will also be made available to you for download before you make an offer to purchase a paid subscription.

Information about your legal right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the date of conclusion of the contract. To exercise the right of cancellation, you must inform us, Examdojo GmbH, Seydelstraße 10, 10117 Berlin, support@examdojo.com, of your decision to cancel this contract by a clear declaration (e.g. a letter sent by post or an email). You may use the attached cancellation form template for this purpose, but it is not obligatory. If it is possible to submit the cancellation of the contract electronically within our application on the “Billing” screen. If you choose this option, we will promptly send you a confirmation of receipt of your cancellation. In order to comply with the cancellation period, it is sufficient that you send your declaration of cancellation before the end of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we have received your declaration of cancellation. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

2. Expiration of the Right of Cancellation

Your right of cancellation expires if we have begun to fulfill the contract, after you have:

  1. Expressly consented that we begin to fulfill the contract before the expiry of the cancellation period
  2. Confirmed that you are aware that you will lose your right of cancellation once we begin to fulfill the contract
  3. We inform you of your consent and confirmation by means of a durable medium once again after the contract has been concluded

III. Term / Termination

1. Term and Termination

  • Your Subscription starts with the conclusion of the contract and runs for one month. It is automatically renewed for the same period if neither you nor we terminate it at least one day before the end of the respective one-month term.
  • Example: Your Subscription and/or the renewal period started on November 6. Then you can terminate the Subscription daily until the end of December 5 with effect from the expiry of December 6. From December 6, you can then terminate the Subscription daily with effect from the expiry of January 6.
  • The right to extraordinary termination for good cause remains unaffected. Good cause on behalf of us exists in particular in the case of account sharing.

2. Manner of Termination

If you have purchased the Subscription via the Platform, you can terminate it on our Platform. We provide a "Cancel contracts here" button on our Platform for this purpose. If you click on this button, you will be directed to a confirmation page where you have the opportunity to enter details of your declaration of termination. To send your declaration of termination, you must click on the "Cancel now" button on the confirmation page. We will immediately confirm the content, date, and time of receipt of your declaration of termination and the time at which you wish to terminate the contract by email.

3. Consequences of Termination

The right to use the Service ends upon termination of the Subscription. Upon termination of the Subscription, your account will remain active. If you wish to terminate your account, this must also be terminated. You can also terminate your account within the Platform under "Settings", "Profile and account settings", "My data" by clicking on the "Delete account irrevocably" button.

IV. Payment and Fees

1. Fees

The amount of the subscription fee for using the Service is displayed within the Platform when you purchase your Subscription.

2. Due Date

The payment amount is due at the beginning of the one-month subscription period. In the event of an automatic extension of the subscription period, the payment amount for the respective extension period is due one day before the start of the extension period.

3.Payment Method

All payments will be processed via Stripe. By providing payment details when you purchase the Subscription, you authorize us to charge the applicable fees through Stripe.

V. Trial Period and Free Version

We may offer you to begin your Subscription with a free trial period ("Trial Period"). The paid Subscription starts only after the expiry of the Trial Period. After the Trial Period, we offer a free version with limited functionality, allowing you to continue using basic features of the Platform without charge.

The offer of a Trial Period only applies to you if you have not previously used a Trial Period.

We will inform you of the duration of the Trial Period before you purchase the Subscription. We are not obliged to send you a separate message about the expiry of the Trial Period or the start of your paid Subscription.

Until the end of the Trial Period, you can terminate your Subscription at any time with effect from the end of the Trial Period pursuant to Sec. III.2 with the consequences set forth in Sec. III.3.

If you do not terminate the Subscription before the end of the Trial Period, your Subscription will be converted into a paid Subscription after the end of the Trial Period on the day following the end of the Trial Period, and the first payment amount will be due at this time.

C. General Provisions

I. Obligations of the User

  1. You must keep your contract details up to date. If these change, you must correct the details immediately on the Platform in your personal settings.
  2. You must keep the access data to the Platform, including the password, secret and not make it accessible to unauthorized third parties. Account sharing is strictly prohibited. If we detect account sharing, we reserve the right to terminate your account for good cause without notice.
  3. The Learning Platform is intended exclusively for non-commercial use. You may not use the contents of the Learning Platform for or in connection with any commercial purposes.
  4. You may not engage in any activities on or in connection with the Platform, in particular by uploading content, that violate applicable law, infringe the rights of third parties, restrict the functionality of the Platform or violate the principles of the protection of minors.

II. Intellectual Property

1. Rights of Use

You may download and print content if a download or print function is available on the Platform (e.g., by means of a download button). You are granted a non-transferable, limited license to use this content for personal educational purposes only. Otherwise, you may only access and display the content online for personal educational purposes. This right of use is limited to the duration of your contractual right to use the Platform.

2. Ownership of AI-Generated Content

All content generated by our AI services, including AI-generated questions, solutions, and tutoring sessions, is the exclusive property of Examdojo. You are granted a non-transferable, limited license to use this content for personal educational purposes only.

3. Platform IP

The Platform and all intellectual property associated with it, including but not limited to logos, trademarks, software code, and designs, are the exclusive property of Examdojo. You may not use, reproduce, or distribute this intellectual property without explicit written permission.

III. User-Generated Content

1. Use of Content

Any content generated or uploaded by you on the Platform may be used by us to improve and train our AI algorithms. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, and display that content for training and improving the Service.

2. Responsibility for Content

Users are solely responsible for any content they submit to the Platform. Examdojo does not endorse or guarantee the accuracy of any user-generated content.

3. Disclaimer on AI Performance

Our AI Tutoring services are designed as a study aid and resource. While we strive to provide accurate and reliable assistance, we cannot guarantee that every response will be error-free or perfectly suited to every individual learning need. The AI is calibrated for a performance accuracy rate of approximately 90%. We strongly advise users to verify information provided by the AI, particularly for critical assessments, exams, or decision-making purposes.

IV. Limitation of Liability

Examdojo or its vicarious agents shall be liable in the event of intent and gross negligence. In the absence of intent and gross negligence, Examdojo or its vicarious agents shall only be liable:

  1. For damages resulting from injury to life, limb, or health
  2. For damages resulting from the breach of a material contractual obligation

In the case of (2), however, liability is limited to compensation for foreseeable, typically occurring damages.

VI. Warranty

The statutory provisions apply to the warranty in the event of defects.

VI. Dispute Resolution and Governing Law

These Terms will be governed by and construed in accordance with the laws of Germany, without regard to conflict of law provisions. However, since the Service operates globally, you agree that any disputes arising from or related to the Service may be subject to resolution in the courts located in Germany. If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be Munich, Germany.

Before pursuing any formal legal action, we encourage you to contact us directly to seek a resolution. In case of unresolved disputes, we may suggest arbitration or mediation before taking legal action.

VII. Marketing and Communications

By creating an account, you consent to receiving emails and communications regarding your account and the Service. You may also opt-in to receive marketing communications. You can opt out of marketing emails at any time through your account settings or by following the unsubscribe link in the emails.

VIII. Modifications to the Terms

We may update these Terms from time to time to reflect changes in our Service or legal obligations. We will notify you of any changes by email or within the Platform. The changes will only come into effect after you have given your agreement.

If you do not agree to the changes within 30 days from our notification, we may terminate your account with immediate effect, or, in case that you have purchased a Subscription, with effect from the end of the one-month subscription term or renewal period.

VIII. Severability Clause

Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the parties undertake to work together to reach an agreement that comes as close as possible to the original economic intention of the parties.

D. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Examdojo GmbH
Seydelstr. 10, 10117 Berlin
legal@examdojo.com