1. Subject and Scope
1.1
FlashCourse, Inc., 440 Davis Ct. #1505 San Francisco, California (thereafter “FlashCourse”) operates mobile applications (“apps”) with interactive courses on cryptocurrency, blockchain technology, and related topics.
1.2
Use of the apps shall be exclusively subject to the following terms and conditions.
1.3
No special contractual text is intended for the contract regarding use of the FlashCourse app. The content of the contract concluded between you and FlashCourse follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3) as well as during contracting of a fee-based subscription (cipher 5) that will be saved by FlashCourse and available at any time in your user account.
1.4
By registering for and/or using FlashCourse;s services, you accept the application of these terms and conditions.
1.5
FlashCourse shall retain the right to change individual clauses with effect for the future. If FlashCourse does not obtain your specific consent for an amendment of its terms and conditions, you will be informed of any changes to the terms and conditions at least four weeks prior to the effective date of the updated terms and conditions. For this purpose, FlashCourse will deliver the updated terms and conditions to the email address provided during registration and notify you explicitly regarding the opportunity and objection period against the changes and consequences of an omitted objection.
1.6
If you do not object to the changes within four weeks after the effective date of the updated terms and conditions, the updated terms and conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.
1.7
In the event that you object the changes, FlashCourse shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for FlashCourse, effective from the date the updated terms and conditions come into force.
2. Services and Rights
2.1
FlashCourse will provide you with a collection of interactive courses on personal finance and related topics. Additionally, FlashCourse will provide you with services that allow you to form a habit and stay engaged.
2.2
The rights on FlashCourse’s services and contents that are dispersed this way shall stay and remain with FlashCourse and/or its licensors. FlashCourse’s applications and contents shall be licensed to you within the scope of the contractual use and only granted as a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use.
2.3
The scope of the provided contents shall depend on the chosen license, i.e. free account, subscription (cf. cipher 4), or trial (cf. cipher 5). The license shall be restricted to the period of the free account/subscription/trial.
2.4
All FlashCourse trademarks as well as trade names, logos, domain names, and other peculiarities of the FlashCourse trademark are under the sole ownership of FlashCourse. The license does not grant you the right to use FlashCourse trademarks, trade names, logos, domain names, or other features of the FlashCourse trademark, irrespective of whether for commercial or non-commercial use.
2.5
If you are using a free service, FlashCourse shall be allowed to display advertisements within its applications.
3. Registration
3.1
A registration with FlashCourse is necessary for using FlashCourse’s services.
3.2
Registration itself is free (“free account”) and does not require you to enter into a subscription.
3.3
You can use your email address and a self-determined password for registration.
3.4
The used password shall be kept confidential, for which you are responsible. You are the only person entitled to use your FlashCourse account. FlashCourse shall be notified immediately of any unauthorized use of the account as well as any suspicion thereof.
3.5
You may register via email address or through Facebook Connect.
3.6
You may also register with our apps for iOS or the FlashCourse website.
3.7
Registration and/or login via social-connect establishes a free contract between FlashCourse and you regarding the use of the FlashCourse platform (cf. cipher 1.3.).
3.8
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
3.9
Registration shall require a minimum age of eighteen years. As a minor you are only allowed to register with FlashCourse if you are at least fourteen years of age and your statutory agents have given their consent. FlashCourse shall have the right to make its services subject to appropriate proof of identity, legal majority, or consent of your statutory agents.
3.10
FlashCourse shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
4. Subscription
4.1
FlashCourse offers fee-based subscriptions (“FlashCourse Premium”), which enable you to use the full scope of its services. The subscriptions can be entered into for different periods (“subscription periods”), which are listed in the order options.
4.2
FlashCourse Premium are fee-based subscriptions that provide you with unlimited access to the FlashCourse content and services through its apps for the chosen subscription period.
4.3
In order to become the holder of an account with FlashCourse Premium, you need to register with FlashCourse, submit your credit card data, and confirm your subscription, upon which you will receive a subscription receipt via email. Your subscription will commence on the day of confirming your subscription.
4.4
You can also subscribe through in-app purchases in the apps. For this purpose, you need to choose a subscription period on the respective screens of the apps, whereupon a pop-up will require you to enter your Apple ID and password. Upon confirmation, another pop-up will require you to confirm your subscription again.
5. Trials
5.1
FlashCourse will occasionally offer you free access to FlashCourse Premium for trial purposes and limited periods (“trials”). FlashCourse shall determine at its own discretion if you may participate in a trial. FlashCourse shall have the right to stop or change trials at any time without prior notification or termination period if good cause is present.
5.2
Participation in trials may only be possible if you enter your payment information during registration for the trials. In such cases, FlashCourse shall require your consent to switch to a fee-based subscription upon expiration of the trials (cipher 4) at the beginning of the trials. From then on, your subscription will automatically renew at the end of the subscription period you have committed to when opting for the trial and can be terminated until twenty-four hours prior to its expiration (cipher 8.3).
5.3
If you do not want the subscription service in an event of cipher 5.2 and the corresponding charges, you will have to terminate the subscription access provided within the trial prior to its expiration (e.g. in your FlashCourse account settings).
6. Revocation Right
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using FlashCourse regarding conclusion of fee-based subscriptions:
If you purchased FlashCourse Premium or other offers that are subject to charges through FlashCourse apps or the FlashCourse website, you shall have the right to revoke this contract within fourteen days without having to give reason. The revocation right shall exist for a period of fourteen days from the day of purchase. For exercising your revocation right, you shall notify
FlashCourse
440 Davis Ct. #1505
San Francisco
California
94111
United States
or
[email protected]
using an explicit statement via postal service or email regarding your decision to revoke the contract (“revocation notifciation”). Dispatch of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
Consequences of Revocation
If you revoke this contract, FlashCourse shall be obligated to refund your purchase, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by FlashCourse) immediately and by no later than fourteen days from the day of receipt of the revocation notification. FlashCourse shall use the same payment method for this refund that you used for the original transaction, unless a deviating method has been stipulated with you. This refund shall under no circumstances be subject to charges for you.
7. Remuneration and Payment Terms
7.1
The conclusion of FlashCourse Premium (cipher 4) is subject to charges.
7.2
For payment purposes, subscription fees payable to FlashCourse will be charged to the credit card account you provided upon purchase of the subscription (cipher 4.3).
7.3
In case the subscription is purchased through the apps, payment shall be made through the in-app purchase process as provided by Apple.
7.5
Your subscription and therefore the payment obligation that comes with FlashCourse Premium shall automatically renew at the end of the respective subscription period, if you do not terminate your fee-based subscription at least twenty-four hours prior to the expiration of the period (cipher 8.3).
8. Period and Termination
8.1
The free account contract shall start at the time of registration pursuant to cipher 3 for an indefinite period.
8.2
You can terminate the free account contract at any time. For this purpose, you can delete your account in your account settings on the FlashCourse website.
8.3
FlashCourse Premium (cf. cipher 4) shall be active at least for the subscription period you selected upon purchase and shall automatically renew if you do not terminate it at least twenty-four hours prior to the expiration of the period. The subscription period shall extend by the same period as the period of the active subscription.
8.4
You can terminate a subscription that you purchased in your account settings on the FlashCourse website. For this purpose, you need to log in on the FlashCourse website, open the settings via the menu and choose “Cancel subscription”.
8.5
You can terminate a subscription that you purchased through the apps in your App Store or iTunes settings.
8.6
Termination of the subscription access shall become effective the day after the last day of your subscription period and your account will be changed to a free account contract. Upon reentering into a subscription, you will be regain access to the contents and services as well as your previous progress. If you intend to delete your account, you can do so in your account settings on the FlashCourse website (cf. cipher 8.2). In such a case, your account and data will be irrevocably deleted.
8.7
The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
9. Promotional Codes
9.1
FlashCourse will occasionally offer you promotional codes to purchase FlashCourse Premium for the time stipulated in the offer at a reduced fee (“codes”). FlashCourse shall determine at its own discretion if you may redeem a code. FlashCourse shall have the right to stop or change codes at any time without prior notification.
9.2
In order to redeem a code, you need to register through the Mimo website (cf. cipher 3) and subsequently purchase Crypteach Premium through the Crypteach website using the code.
9.3
Codes cannot be redeemed for cash nor refunded, exchanged or used for other purchases than stipulated in the offer.
9.4
Specific provisions relating to the code may apply in addition to these terms and conditions. If these provisions stipulate a period of validity, the reduced fee shall only apply for this period and increase to the regular fee upon expiration of the period of validity.
10. Liability
10.1
FlashCourse shall not be liable for user damage claims and only be liable for damages arising from body, life, or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of FlashCourse, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
10.2
In the event of violations of material contractual duties, FlashCourse shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
10.3
The restrictions stipulated under ciphers 10.1 and 10.2 shall also apply for duty violations of statutory agents or vicarious agents of FlashCourse if claims are made directly against these.
11. Warrant of Merchantability
Crypteach grants a warrant of merchantability in accordance to the law.
12. Final Provisions
12.1
If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
12.2
The laws of the state of California shall apply. Statutory provisions (especially consumer protection provisions) as legally required by your country of residence shall remain unaffected.
12.3
The exclusive place of jurisdiction for all disputes, directly or indirectly resulting from the contractual relationship, shall be the respective court at FlashCourse’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the state of California.