Terms and Conditions

1.1

The website https://www.textutor.ai is operated by Elearnify GmbH (hereinafter also referred under the name of its product "TexTutor" or "we"). Information regarding authorized representatives and contact options can be found in the imprint at https://www.textutor.ai/imprint.

1.2

TexTutor offers a web-based feedback tutor for teachers and students, which can be accessed via the website https://app.textutor.ai (hereinafter referred to as "App" or "Software"). The App is primarily aimed at teachers as users. License packages can be purchased by individual teachers as well as by schools.

1.3

These Terms and Conditions apply to all contracts concluded between TexTutor and the users of the App (hereinafter referred to as "Customers"). If the contract is concluded between TexTutor and a school, these Terms and Conditions apply accordingly to the school as a Customer. Only the Terms and Conditions of TexTutor apply; other conditions do not become part of the contract, even if TexTutor does not expressly object to them. Side agreements must be made in writing.

1.4

The contract language is English. If these Terms and Conditions are provided in another language, only the English version is authoritative.

1.5

The Customer agrees that communication - including contractual matters - can take place via email. The Customer is obligated to always maintain a current email address in their account. TexTutor's email address can be found in the imprint.

1.6

We would like to point out that separate agreements or terms and conditions of TexTutor may apply to certain services (e.g., for TexTutor school licenses). Such separate agreements or terms and conditions take precedence over these Terms and Conditions.

2.1

TexTutor provides a feedback tutor as a web-based SaaS or cloud solution that uses artificial intelligence (AI) in the form of large language models. Teachers can create text and image-based tasks with materials and solution criteria and give students access to the tasks via a link or QR code. After completing the task, students can first receive hints and suggestions for improvement on their solutions via the services integrated in TexTutor and then reconsider and revise them.

2.2

Descriptions of the range of functions as well as statements and explanations by TexTutor on advertising materials, websites, and in documentation are exclusively understood as descriptions of the quality and not as a guarantee or assurance of a characteristic.

3.1

The service is operated as a web-based SaaS or cloud solution. The Customer is enabled to use the software stored and running on the servers of TexTutor or a service provider commissioned by TexTutor via an internet connection for their own purposes during the term of the contract. The software is not transferred to the Customer.

3.2

TexTutor makes the software available to the Customer in its current version at the router output of the data center where the server with the software is located ("transfer point") for use. The software, the computing power required for use, and the required storage and data processing space are provided by TexTutor. However, TexTutor is not responsible for establishing and maintaining the data connection between the Customer's IT systems and the described transfer point.

3.3

As the software runs exclusively on the servers of TexTutor or a service provider commissioned by us, the Customer does not require any copyright usage rights to the software, and TexTutor does not grant such rights. However, TexTutor grants the Customer the non-exclusive, non-transferable right, limited to the duration of the usage contract, to load the user interface of the software for display on the screen into the working memory of the end devices used in accordance with the contract and to make the resulting copies of the user interface. In addition, the user is entitled to save documents provided by TexTutor on their hard drive and to print them out in an appropriate number for their own use.

3.4

Further reproduction or other exploitation of the contents of the website is only permitted with the prior written consent of TexTutor, unless it is a one-time and non-systematic reproduction or other exploitation of an element of the website that is insignificant in terms of type and scope. The systematic automated retrieval of content, the creation of systematic collections from retrieved content, and the systematic passing on of content or their systematic making available to third parties are not permitted.

3.5

The service may not be made available to third parties, unless this has been expressly agreed by the parties or is provided for as part of the intended use of the service.

3.6

TexTutor is entitled to take technical measures to prevent use beyond the permissible scope, in particular to install corresponding access blocks. The Customer may not use any devices, products, or other means that serve to circumvent or overcome the technical measures. In particular, they may not use web crawlers, spider programs, meta search engines, or comparable technologies that automatically retrieve content from the website. In the event of misuse, we are entitled to block access to the service immediately. Further rights and claims, in particular the right to extraordinary termination for good cause as well as claims for damages, remain unaffected.

In connection with the provision of the service, personal data is processed by TexTutor both as a controller pursuant to Art. 4 No. 7 Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR) and as a processor pursuant to Art. 4 No. 8 GDPR. As a controller, TexTutor processes personal data about persons who register for the service or who otherwise provide TexTutor with personal data in connection with this contract. The processing of this data, which TexTutor processes as a controller, is described in the Privacy Policy, which is available at https://www.textutor.ai/privacy. As a processor, TexTutor processes such personal data that the Customer provides to TexTutor as part of the use of the service and that does not relate to the Customer themselves. With regard to this data processing, the separately agreed data processing agreement applies.

5.1

Only lawful content may be posted. No content such as texts, images, graphics, and links may be posted and/or distributed that violate applicable legal provisions and/or infringe on the protective, copyright, or other rights of third parties. Users are responsible for the content they post. We are not obligated to proactively check the content posted by users for legality and compatibility with the rights of third parties. Nevertheless, if we become aware of illegal content and violations of third-party rights, we will take the following measures:

• Deletion of illegal content;
• Warning to the user;
• Restrictions on use, in particular the possibility of posting content;
• (Temporary or permanent) blocking of the user account.

5.2

When deciding on the measures to be taken according to Section 5.1, we take into account the respective objective circumstances of the individual case, the severity, frequency, and duration of the violations committed, the legitimate interests of the user concerned, as well as their intentions and any fault.

5.3

If we take a measure, we will inform the affected user about the measure with a justification within the framework of the legal obligation.

5.4

Before a temporary or permanent blocking of a user account, we will issue a warning to the user concerned, unless this would contradict the purpose of the blocking.

5.5

As part of the decision on measures against illegal content, depending on the individual case, a human review, an automated review, or a combination of human and automated review is carried out.

6.1

The service is a database work created by TexTutor or a database protected under Swiss copyright law (Urheberrechtsgesetz, URG). Associated computer programs, manuals, documentation, and other provided works are subject to copyright protection under Swiss law. Third-party rights to the protected works remain unaffected.

6.2

All published content is protected by copyright.

6.3

Trademarks, company logos, other marks or protection notices, copyright notices, serial numbers, and other features serving identification may not be removed or changed either in electronic format or in printouts.

7.1

TexTutor will make changes to the service to ensure the contractual provision of the service and necessary updates.

7.2

TexTutor strives to continuously develop the service. We therefore reserve the right to make changes to adapt the system to the state of the art, changes to optimize the system, in particular to improve user-friendliness, as well as changes to content, provided that the latter are necessary to correct errors, update and complete, optimize program technology, or for licensing reasons. Such changes do not result in additional costs for the Customer.

8.1

The Customer is aware that according to the current state of technology, program errors and system-immanent disturbances cannot be safely excluded despite the greatest care and conscientiousness. In particular, maintenance, security, or capacity concerns as well as events that are not within the control of TexTutor (such as disruptions of public communication networks, power failures, force majeure, etc.) can lead to a usage failure. It is also not possible to use software or services that detect every existing malware (virus, malware, etc.). Therefore, even with a properly running system, 100% availability of the service cannot be guaranteed. TexTutor naturally strives to keep the service constantly available. The hardware and software and technical infrastructure used by the Customer can also influence the performance of TexTutor. Insofar as such circumstances influence the availability or functionality of the service provided by TexTutor, this has no effect on the contractual conformity of the services provided.

8.2

Scheduled maintenance work on the website or the service is regularly carried out between 06:00 and 08:00 in the morning. If possible, maintenance work will be announced on the website.

TexTutor is liable, regardless of the legal grounds, within the framework of the statutory provisions only to the following extent:

• We are liable without limitation for damages resulting from injury to life, body, or health and for claims under the Product Liability Act as well as for intentional or grossly negligent breach of duty.
• We are liable, limited to compensation for the foreseeable damage typical for the contract, for such damages that are based on a slightly negligent breach of essential contractual obligations. These are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations). In other cases, liability for slight negligence is excluded - as far as legally permissible.
• Insofar as liability is excluded or limited, this also applies to the personal liability of the shareholders, employees, representatives, and vicarious agents of the seller.

10.1

To access certain features of our service, you may need to register for an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

10.2

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

10.3

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

10.4

You must immediately notify us of any unauthorized use of your account or any other breach of security.

10.5

Only one account per user is allowed. Creating multiple accounts for the same user is prohibited and may result in the termination of all associated accounts.

11.1

TexTutor offers different subscription plans. By subscribing to a paid plan, you agree to pay the fees associated with your chosen plan.

11.2

We may change our fees at any time, but will provide notice before any changes take effect. If you do not agree with the fee changes, you have the right to reject the change by terminating your account before the fee change takes effect.

11.3

Unless otherwise stated, all fees are quoted in Swiss Francs (CHF).

11.4

Payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms.

12.1

We offer a free trial period for new users. At the end of the trial period, your account will automatically be downgraded to a limited version unless you choose to subscribe to a paid plan.

12.2

We reserve the right to modify or terminate the free trial offer at any time without prior notice and without further obligation.

12.3

We may limit eligibility for the free trial at our sole discretion to prevent abuse.

13.1

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

13.2

By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.

If you have any questions about these Terms, please contact us at hello@textutor.ai.