Terms and Conditions

For the app: Brazilian Portuguese Vocab Pro (iOS & Android)
German App Title: Brasilianisch beherrschen

Document Version: 1.0.2. (July 2026)

§ 1 Scope and Contracting Parties

1.1 These Terms and Conditions (hereinafter “T&C”) govern all agreements of use between Rnext IT & Asset Management GmbH (hereinafter “Provider”) and users (hereinafter “User” or “Customer”) of the mobile application Brazilian Portuguese Vocab Pro (iOS and Android; German title: Brasilianisch beherrschen; hereinafter collectively “App”).

1.2 A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity (Section 13 of the German Civil Code, BGB).

1.3 Any terms and conditions of the User that conflict with or deviate from these T&C shall not be recognised unless the Provider expressly agrees to their application in writing.

1.4 These T&C apply in the version in force at the time the contract is concluded.

§ 2 Description of Services

2.1 Through the App, the Provider makes available a digital educational application for learning Brazilian Portuguese. The App includes in particular the following features:

• Access to content curated by the Provider (including the monthly story, daily impulse, and predefined vocabulary sets),
• Creation, storage, and management of the User’s own vocabulary entries (stored locally on the User’s device only),
• Additional training features and learning statistics,
• Export of the User’s personal vocabulary set as a local file,
• Microphone-based pronunciation training using the native speech-to-text function of the operating system (iOS or Android).

2.2 A basic version of the App may be used free of charge. Curated content and extended features are available exclusively within the scope of a paid subscription.

2.3 All content created by the User (in particular custom vocabulary entries, learning statistics, and settings) is stored exclusively locally on the User’s device. No cloud synchronisation takes place. The Provider has no access to this data and accepts no responsibility for its backup, availability, or integrity. The User is solely responsible for backing up locally stored data. Upon uninstalling the App, locally stored data is permanently lost unless the User has previously performed an export.

2.4 The conclusion, cancellation, withdrawal, and all other management of subscriptions takes place exclusively through the Apple App Store or the Google Play Store. The Provider uses the service RevenueCat (RevenueCat, Inc., USA) solely for the technical retrieval of the current subscription status in order to grant or restrict the User’s access to premium content. RevenueCat does not provide any subscription management beyond this status check. All payment processing is handled exclusively by Apple Inc. or Google LLC. Further information on data processing by RevenueCat is set out in the App’s Privacy Policy.

2.5 The pronunciation training feature uses exclusively the native speech-to-text function of the User’s operating system (Apple iOS or Google Android). Voice data is processed by Apple Inc. or Google LLC under their own data protection responsibility; the Provider has no access to this data. Use of the speech training feature requires the User to expressly grant both microphone access and use of the speech recognition function within their operating system settings; by using this feature, the User agrees to this requirement. Depending on the operating system and device-specific configuration, the use of the speech recognition function may be subject to time or frequency limitations that are outside the Provider’s control. The User may revoke microphone and speech recognition permissions at any time in their device settings; doing so will disable the pronunciation training feature, while all other App functions remain unaffected.

2.6 The Provider reserves the right to modify, expand, or reduce the scope, nature, content, and availability of the services at any time, in particular:

• to adjust, suspend, or permanently discontinue the publication frequency of curated content (e.g. monthly story, daily impulse),
• to modify, restrict, or permanently discontinue individual content items, content formats, or App features,
• to further develop or restructure the App technically.

Curated content may be published with a reasonable delay; the User has no right to publication at a specific point in time. Where changes affect material contractual obligations, the Provider will notify Users via an in-app notification. Statutory rights of consumers remain unaffected.

§ 3 Requirements for Use, Device Support, and Minimum Age

3.1 Use of the App requires that the User has a compatible device (iOS or Android). Where an internet connection is necessary for individual features, any resulting connection costs are borne by the User.

3.2 The Provider reserves the right to limit the range of supported operating system versions and device generations at a reasonable point in time. The User has no permanent right to support for any particular operating system version or device model.

3.3 Communications from the Provider to Users are made exclusively through in-app notifications. The User acknowledges that they should open the App at regular intervals in order not to miss relevant communications from the Provider. As no user accounts are maintained, no individual communication channel outside the App is available to the Provider for data protection reasons.

3.4 The App is not specifically directed at persons under the age of 16. Persons under 16 may only use the App with the express consent of a parent or legal guardian. Parents or guardians who permit a person under 16 to use the App agree to these T&C on their behalf and are responsible for appropriate use.

§ 4 Conclusion of Contract, Purchases and Subscriptions

4.1 A contract for a paid subscription or paid in-app-purchase is concluded exclusively through the Apple App Store (Apple Inc.) or the Google Play Store (Google LLC). The terms and conditions, pricing, subscription periods, cancellation deadlines, and the entire ordering process as displayed and confirmed by the User during the Apple In-App Purchase or Google Play checkout process are exclusively authoritative.

4.2 All subscription and in-app-purchase activities – including purchase, billing, cancellation, and withdrawal – are handled exclusively by Apple or Google. The Provider is not involved in these processes; the respective terms of service and privacy policies of Apple or Google apply.

4.3 The Provider offers the following subscription models and purchases:

• Monthly subscription: paid subscription, recurring monthly, including a free trial period pursuant to § 5.
• Annual subscription: paid subscription, recurring annually, including a free trial period pursuant to § 5.
• Lifetime purchase (one-time purchase): a paid one-time purchase that unlocks the premium features of the App without recurring payments. The term “Lifetime” refers exclusively to the lifetime of the App, i.e. the period during which the Provider makes the App available and operates it – not to the lifetime of the User. The Lifetime purchase does not establish any entitlement to the unlimited provision, further development, or maintenance of the App or of individual features. Access to the premium features unlocked by the Lifetime purchase ends if the Provider discontinues the App in whole or in part in accordance with § 9 of these T&C. The User’s statutory rights, in particular warranty rights, remain unaffected.
  

The applicable prices, subscription periods, and cancellation terms are displayed to the User in full and with binding effect during the checkout process of the respective App Store. All prices are inclusive of the applicable statutory VAT.

4.4 Subscriptions automatically renew for the respective booked period unless cancelled with Apple or Google in accordance with the applicable cancellation terms. Renewal occurs at the then-current price.

§ 5 Free Trial Period

5.1 Where indicated in the Apple App Store or Google Play Store checkout process, Users may trial both the monthly and the annual subscription free of charge for a defined period (“Trial Period”). The specific duration of the Trial Period is set out in the checkout process of the respective App Store.

5.2 To avoid a paid renewal following the expiry of the Trial Period, the User must cancel the subscription with Apple or Google in good time before the Trial Period ends. The cancellation deadlines and technical means of the respective App Store are solely authoritative.

5.3 Use of a free trial period may be restricted to a single use per User and subscription model, in accordance with the rules of the respective App Store.

5.4 If the subscription is not cancelled in time, it will automatically convert to a paid subscription at the end of the Trial Period. Billing is handled by Apple or Google.

§ 6 Subscription Management, Cancellation, and Right of Withdrawal

6.1 Management of the subscription – including cancellation, upgrading, downgrading, and other changes – is carried out exclusively through the Apple App Store or the Google Play Store through which the subscription was originally purchased. The Provider has no influence over subscription management and cannot cancel or alter subscriptions on behalf of the User.

6.2 The conditions, deadlines, and procedures for cancellation are governed exclusively by the terms of the Apple App Store or the Google Play Store in the version applicable at the time of subscription and cancellation.

6.3 Right of withdrawal: To the extent that a statutory right of withdrawal applies to the User as a consumer, it must be exercised against Apple or Google as the respective contractual party responsible for payment processing. The right of withdrawal may expire prematurely where performance begins before the end of the withdrawal period upon the User’s express consent and acknowledgement of the loss of the withdrawal right, in accordance with applicable legal provisions (in particular Section 356(5) BGB). The conditions and deadlines for withdrawal are governed by the rules of Apple or Google and applicable consumer law.

§ 7 Discount Codes and Special Conditions

7.1 The Provider may offer Users discount codes or special conditions granting a defined price reduction on the subscription. Discount codes may be time-limited and subject to further conditions.

7.2 Users have no legal entitlement to the granting, extension, or repetition of discount codes or special conditions. The Provider is entitled to discontinue discount codes for new Users or adjust their conditions for the future at any time and without giving reasons.

7.3 Discount codes that have already been validly redeemed will apply for the promotional period confirmed during the App Store checkout process. After expiry of that period, the then-current standard price will automatically apply unless the User cancels in time.

§ 8 Copyright and Rights of Use

8.1 All content provided by the Provider within the App – in particular texts, stories (monthly story), daily impulses, vocabulary sets, graphics, audio files and voice recordings, database structures, software code, and the App design – is protected by copyright.

8.2 Upon conclusion of a valid subscription, the Provider grants the User a simple, non-transferable, revocable right of use to the content of the App for the duration of the subscription, limited to:

• personal, private, and non-commercial use,
• access on the User’s personal devices linked to their respective Apple or Google account.

8.3 The following are expressly prohibited:

• reproducing, distributing, publishing, or otherwise making App content publicly accessible,
• any commercial use of App content,
• passing App content on to third parties,
• editing, translating, or otherwise adapting App content without prior express consent of the Provider,
• reverse engineering, decompiling, or disassembling the App or any part thereof.

8.4 Rights to content created by the User themselves (e.g. own vocabulary entries) remain with the User. The User warrants that content they create does not infringe any third-party rights and does not contain unlawful content.

§ 9 Discontinuation of the App and Services

9.1 The Provider is entitled to discontinue the App and the associated services in whole or in part. Where technically possible, the Provider will notify Users via an in-app notification in advance, within a reasonable timeframe, of an impending complete discontinuation.

9.2 In the event of a complete discontinuation of the App during an ongoing subscription period for which the Provider is responsible, any potential claim for reimbursement by the User is governed exclusively by the rules of the respective App Store (Apple or Google), since all payments are processed through those stores. The Provider is technically unable to process refunds directly.

9.3 Temporary interruptions or restrictions in availability due to technical or operational reasons shall not give rise to any claims by the User, unless the interruption is attributable to fault on the part of the Provider and exceeds a reasonable level of impairment.

§ 10 Service Provision, Availability, and Warranty

10.1 The Provider delivers the App services to the extent technically feasible. The App and its content are made available to the User in their current state at any given time. The Provider makes no representations as to specific characteristics, outcomes, or suitability of the App for any particular purpose of the User, unless such representations are made expressly and in writing. In particular, the Provider does not warrant that the User will achieve any specific learning outcome through use of the App. The Provider further makes no warranty as to the absence of errors or the accuracy of facts presented in the content, including, without limitation, the monthly story and the daily prompt.

10.2 The statutory warranty rights of the User as a consumer under applicable law remain unaffected. The statements in § 10.1 do not limit those statutory rights.

10.3 The Provider endeavours to keep the App available with as few interruptions as possible, but cannot guarantee constant and error-free availability. Maintenance work, technical development, and circumstances outside the Provider’s sphere of influence – in particular service interruptions on the part of Apple, Google, or RevenueCat – may lead to temporary restrictions.

10.4 The Provider shall deploy new content (including, without limitation, curated content such as the monthly story) through App updates made available via the applicable app store. The User acknowledges and agrees that periodic updates of the App are be required in order to access and view the most recent content. Failure by the User to install such updates may result in certain content becoming unavailable, inaccessible, or otherwise unusable to the User. The Provider shall not be responsible for any inability of the User to access, view, or use content resulting from the User’s failure to install available App updates.

§ 11 Liability

11.1 The Provider is liable without limitation for damages caused by intentional misconduct or gross negligence on the part of the Provider or its vicarious agents, and for damages resulting from injury to life, body, or health.

11.2 In cases of simple negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation) whose fulfilment is essential for proper performance of the contract and on which the User may regularly rely. In such cases, liability is limited to typically foreseeable damages.

11.3 Where the Provider’s liability is excluded or limited, this also applies to the personal liability of the Provider’s employees, representatives, and vicarious agents.

11.4 The Provider accepts no liability for:

• the loss of locally stored User data (e.g. own vocabulary entries, learning statistics), as these are stored exclusively on the User’s device and are not backed up by the Provider,
• impairments or outages caused by third parties (in particular Apple, Google, or RevenueCat),
• the availability, quality, accuracy, or completeness of results from the native speech-to-text function, as well as the availability and functionality of the App Store infrastructure, as these are operated exclusively by Apple or Google,
• damages arising from the loss of locally stored data due to device loss, device failure, or uninstallation of the App.

11.5 Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 12 Amendments to the T&C

12.1 The Provider reserves the right to amend these T&C. Amendments will be communicated to the User through a notification within the App, no later than four (4) weeks before their planned entry into force. As no user accounts are maintained, the in-app notification is the sole communication channel available for this purpose; the User is responsible for opening the App at regular intervals.

12.2 If the User does not object to the amended T&C within four (4) weeks of the in-app notification being displayed, the amended T&C shall be deemed accepted. The Provider will expressly draw the User’s attention within the in-app notification to the significance of this deadline, the right to object, and the consequences of failing to object.

12.3 If the User objects within the deadline, the Provider is entitled to continue the usage relationship under the previous terms until the end of the current subscription period and to then give ordinary notice of termination.

12.4 Amendments that are exclusively to the User’s benefit, that are merely clarificatory, or that are required by law may take effect without the aforementioned procedure.

§ 13 Data Protection

Information on the nature, scope, and purpose of personal data processing in connection with the use of the App – including processing by RevenueCat, Apple, and Google, as well as in connection with the microphone feature and support correspondence – is set out in the App’s separate Privacy Policy, which is accessible within the App.

§ 14 Applicable Law and Jurisdiction

14.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU Member State, the mandatory consumer protection provisions of their country of residence remain unaffected.

14.2 The place of performance is the Provider’s registered office in 76356 Weingarten (Baden), Germany.

14.3 For disputes with consumers resident in Germany, the place of jurisdiction is the Provider’s registered office, to the extent permitted by law. Mandatory statutory provisions on jurisdiction in favour of consumers remain unaffected.

14.4 If you are a resident of California, USA, you may file a complaint regarding the resolution of disputes with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs pursuant to Cal. Civ. Code § 1789.3, by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, USA, or by telephone at (800) 952-5210.

§ 15 Dispute Resolution

15.1 The European Online Dispute Resolution Platform (ODR Platform) previously established under Regulation (EU) No. 524/2013 has been permanently discontinued as of 20 July 2025, pursuant to Regulation (EU) 2024/3228. There is no longer any obligation to refer to that platform. Consumers may contact their respective national consumer protection authorities for information on available dispute resolution options.

15.2 The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This does not affect the Provider’s willingness to resolve disputes amicably.

§ 16 Final Provisions

16.1 The Provider is entitled to transfer its rights and obligations under the usage agreement to a third party. The User will be informed in advance via an in-app notification and shall have the right to terminate the agreement extraordinarily upon a change of contractual partner, provided there is a legitimate interest in doing so.