Terms and conditions

1. Scope and provider

The provider of merkbar is Proralis UG (haftungsbeschränkt), Zeppelinstraße 1, 01324 Dresden (hereinafter we or provider).

These terms and conditions apply to the use of the merkbar app via web and as an installable app. Deviating terms of the users do not become part of the contract unless we expressly agree.

2. Description of services

merkbar lets you import, create and study flashcards, among other things with spaced repetition and an AI-supported grading of free answers. The scope of features is continuously developed further.

We strive for high availability but do not owe uninterrupted access. Maintenance, further development and technical faults can lead to temporary restrictions.

3. Registration and account

An account is required for use. Your details must be accurate. You keep your access data secret and do not pass it on to third parties.

You are responsible for activities that take place via your account. Please inform us immediately if you notice any signs of misuse.

4. Free use and future subscriptions

You can use the core features of merkbar for free. We reserve the right to offer paid features or subscriptions in the future.

Paid services are clearly marked as such before conclusion, including price, term and cancellation conditions. A paid contract is only concluded once you expressly agree to a corresponding order. Consumers have the statutory rights of withdrawal, about which we inform separately.

5. Usage rights and your content

The rights to your imported and created content remain with you. You only grant us the simple usage rights necessary to provide the app, such as storing and displaying your cards and processing them for AI grading.

You warrant that you have the necessary rights to the uploaded content and do not infringe the rights of third parties.

6. User obligations

You undertake not to misuse merkbar, in particular not to upload illegal content, not to endanger the security of the app and not to carry out automated bulk access without permission.

In case of violations we may remove content and restrict access temporarily or permanently.

7. AI grading

The AI exam provides an automated assessment of your answers. It serves learning and does not constitute a binding professional or exam-relevant assessment. Results can contain errors.

We accept no warranty for the factual accuracy of individual AI outputs.

8. Availability and changes

We may develop the app further, change or discontinue features as far as this is reasonable for you. We announce significant changes that affect paid services in good time.

9. Liability

We are liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health. In case of simple negligence we are only liable for breach of a material contractual obligation and limited to the foreseeable damage typical for the contract.

Otherwise liability is excluded. The provisions of the Product Liability Act remain unaffected.

10. Termination

You can delete your account and end use at any time. Any paid subscriptions are governed by the terms stated at conclusion.

We may end the usage relationship for good cause, in particular in case of serious violations of these terms.

11. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country of your habitual residence remain unaffected.

Should a provision be invalid, the validity of the remaining provisions remains unaffected. We may adjust these terms with effect for the future and will inform you of significant changes in good time.