Terms of Service
Mental Math App

1. Introduction

Plaidera GmbH (hereinafter referred to as “Plaidera”) offers users (hereinafter referred to as “users”) the Mental Math App, a free mental math training application (hereinafter referred to as "Mental MathApp").

Plaidera aims to provide each user with a personal math trainer that enhances mental math skills and performance. We have developed the Mental Math App to simplify learning, identify improvement areas, and implement effective practice strategies. Our app is designed with such confidence that we’d recommend it to our best friends – guaranteed!

Plaidera places the highest value on data security and privacy. Further information can be found in the Plaidera Privacy Policy at www.smartmoneyapp.io/en/privacy-policy, which users must agree to for the unrestricted use of the Mental Math App.

2. General and Scope

2.1 Plaidera provides services to users of the Mental MaApp in accordance with these terms and conditions.
2.2 If Plaidera provides the offered services together with partner companies or mediates services from partner companies, additional conditions of these partners may apply.
2.3 These terms and conditions apply exclusively. Deviating conditions of the user are only accepted if they coincide with the present terms or are expressly recognized in writing by Plaidera. This also applies if Plaidera provides services unconditionally in the knowledge of differing conditions of the user.

3. Services of the Mental Math App

The Mental Math App offers the following services:

• Initial and ongoing assessment of your mental math skills for a comprehensive overview of your progress
• Detailed performance analyses and forecasts based on your practice data
• Personalized tips and strategies to enhance your skills
• Responsive customer support to answer user queries

4. Access and Availability

5.1 Plaidera is authorized to adjust or change the services of the Mental Math App in accordance with section 14.2 of the terms and conditions.
5.2 Plaidera strives to provide the Mental Math App without interruptions. However, no liability can be assumed for temporary unavailability. Plaidera may temporarily restrict availability if this is necessary in view of capacity limits, the security or integrity of the servers, or to perform technical maintenance or repair measures and if this serves the proper or improved provision of services. Plaidera considers the legitimate interests of users in such cases, e.g., by providing prior information. Liability for Plaidera due to fault remains unaffected.

5. In-App Purchases

8.1 Plaidera offers users the basic functions of the Mental Math App free of charge.
8.2 In addition to the free basic functions, the user can purchase paid services (especially "Premium Functions") if desired. The user is informed about the content of the respective paid service, the prices, and the payment conditions before concluding a paid contractual relationship. By pressing the button labeled "order with obligation to pay" or a similarly clear formulation, the user declares their intention to conclude a contract for the paid services they have chosen. Plaidera reserves the right to change these prices at indeterminate times for new contracts. In the context of ongoing obligations, Plaidera reserves the right to implement price increases at the start of a new subscription period in accordance with section 13.2, about which the user will be notified and granted the right to object to the renewal at the new price. In the event of an objection, the user may no longer use the paid services.
8.3 In the context of booking Premium Functions for a specific duration, the user enters into a subscription that automatically renews depending on the selected period, but not more than one year, unless the user cancels it within the stipulated period of 24 hours before the end of the respective period.
8.4 The contents, functions, and requirements of the paid services at the time of ordering apply as presented in the Mental Math App by Plaidera.
8.5 All prices mentioned are final prices and include the applicable value-added tax.

6. Right of Withdrawal

6.1 As a consumer, the user has a right of withdrawal for the use of paid services (hereinafter referred to as "contract") in accordance with the following provisions:

Instructions on Withdrawal
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Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the contract's conclusion.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g., an email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

The withdrawal is to be addressed to: Plaidera GmbH Frankstädter Straße 9 85055 Ingolstadt Email: kontakt@plaidera.com

‍Effects of Withdrawal
‍In the event of an effective withdrawal, the services received by both sides are to be returned. You are obliged to pay compensation for the service provided up to the withdrawal if you were informed of this legal consequence before issuing your contractual declaration and had expressly agreed that we begin with the performance of the counter-service before the end of the withdrawal period. If there is an obligation to pay compensation, this may mean that you have to fulfill the contractual payment obligations for the period until the withdrawal. Your right of withdrawal expires prematurely if the contract is completely fulfilled by both sides at your explicit request before you have exercised your right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your withdrawal declaration, for us with its receipt. The withdrawal may, under certain circumstances, limit your range of services, such as access to paid services.

‍Consent to Perform Contractual Services Before the End of the Withdrawal Period
‍Der Nutzer erklärt sich damit einverstanden, dass Plaidera bereits vor Ablauf der Widerrufsfrist mit der Ausführung der Vertragsleistungen beginnt. Im Falle eines Widerrufs ist der Nutzer verpflichtet, Wertersatz für die empfangenen Leistungen nach den gesetzlichen Vorschriften zu leisten.
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‍End of Instructions on Withdrawal

6.2 If Plaidera provides certain paid services to the user immediately after ordering and completes them fully, the right of withdrawal expires if the user has given Plaidera their explicit consent and simultaneously confirmed their knowledge that they lose their right of withdrawal with full contract performance by Plaidera. The user's right of withdrawal also expires for a contract on the delivery of digital content not situated on a tangible medium if Plaidera has started to carry out the contract after the user has expressly consented that Plaidera begins with the execution of the contract before the end of the withdrawal period, and their knowledge has been confirmed that by their consent, they lose their right of withdrawal with the start of the contract execution. The user will be specifically informed about these points in the relevant services.

7. Data Protection

Plaidera collects, processes, and uses personal data of the user exclusively for the purpose of providing the services of the Mental Math App. No further use of user data by Plaidera takes place. To use the Mental Math App without restrictions, your consent to the use of your data is required (see sections 4.5 and 6.1).

For details, please refer to the separate privacy policy, which is stored on the Plaidera website at www.smartmoneyapp.io/en/privacy-policy and in the Mental Math App and can be accessed at any time.

The privacy policy also explicitly states the user's right to revoke their consent at any time in whole or in part. The legality of the processing carried out based on the consent until the revocation is not affected by the revocation. In the event of a complete or partial revocation, however, it is possible that the user can no longer use the Mental Math App fully or at all.

8. Liability

8.1 Claims for damages by the user are excluded. Excluded from this are claims for damages by the user against Plaidera from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Plaidera, its legal representatives, or vicarious agents. This also applies to indirect consequential damages such as lost profits.

Essential contractual obligations (cardinal obligations) are those obligations that Plaidera has to perform according to the content and purpose of this contract and its supplements, the fulfillment of which enables the proper execution of this contract and on the observance of which the user regularly relies and may rely. The essential contractual obligations of this contract include in particular, but not exclusively, the services listed under section 3. The technical uninterrupted availability of the Mental Math App does not belong to the essential contractual obligations of this contract.

8.2 In the event of a breach of essential contractual obligations (cardinal obligations), Plaidera is liable only for the contract-typical, foreseeable damage if it was caused by simple negligence unless it concerns claims for damages by the user from an injury to life, body, or health.

8.3 The limitations of liability from sections 12.1 and 12.2 of the terms and conditions also apply in favor of the legal representatives and vicarious agents of Plaidera if claims are made directly against them.

8.4 The liability limitations resulting from sections 12.1, 12.2, and 12.3 of the terms and conditions do not apply if Plaidera has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if Plaidera and the user have made an agreement on the condition of the item.

8.5 The provisions of the Product Liability Act remain unaffected by the provisions in this section 12.

8.6 If Plaidera arranges third-party services (which are explicitly and clearly marked as such with the identity and address of the mediated partner company) on the user's behalf and at their expense, Plaidera is not liable for the services or work results of the respective partner company. Plaidera acts only as a mediator in these cases. The respective partner companies are not vicarious agents of Plaidera.

8.7 The user is obliged to report any damages in the sense of the above liability regulations immediately to Plaidera in writing or to have them recorded by Plaidera so that Plaidera is informed as early as possible and can possibly carry out damage mitigation together with the user.

9. Termination

9.1 Plaidera can also terminate the entire business relationship or individual business relationships, for which neither a term nor a deviating termination regulation has been agreed, at any time by observing a reasonable notice period. When measuring the notice period, Plaidera will take into account the legitimate interests of the user.

9.2 A termination without notice of the entire business relationship or individual business relationships is permissible if there is an important reason that makes their continuation unreasonable for Plaidera even taking into account the legitimate interests of the user. An important reason may particularly exist if the legal or regulatory requirements for the provision or in connection with the services of the Mental Math App change. If the important reason is the violation of a contractual obligation, termination is only permissible after an unsuccessful expiry of a reasonable period set for remedy or unsuccessful warning unless this is dispensable due to the particularities of the individual case (§ 323 paragraphs 2 and 3 of the German Civil Code).

9.3 Subject to a separate agreement, the user is entitled to dissolve the entire business relationship with Plaidera at any time without observing a notice period. For this purpose, the user can irreversibly delete their user account within the Mental Math App.

10. Miscellaneous

10.1 Applicable Law

10.1.1 These terms and conditions and all contracts concluded between Plaidera and the user under these terms and conditions and contractual rights and obligations are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
10.1.2 All non-contractual rights and obligations arising from or in connection with these terms and conditions are also subject to the laws of the Federal Republic of Germany and are to be interpreted according to these.
10.1.3 The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, especially of the state in which the user as a consumer has their usual residence, remain unaffected.
10.1.4 If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the user and Plaidera is the seat of Plaidera.

10.2 Changes to the Terms and Conditions

10.2.1 Plaidera reserves the right to change these terms and conditions and any special conditions at any time. Changes will be offered to users at least two months before the proposed date of their effectiveness in text form or via an electronic communication channel (if agreed). Each user has the right to either agree or reject the changes before the proposed date of their effectiveness. The user's consent is deemed to have been given if they have not indicated their rejection before the proposed date of the effectiveness of the changes. Plaidera will particularly point out this approval effect in their offer..

10.2.3 The contract remains binding even if individual points are legally invalid. In place of the invalid points, the statutory provisions apply, insofar as they exist. However, if this would constitute unreasonable hardship for a contracting party, the contract will be void in its entirety.

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