Terms and Conditions for the App "wortspatz"

Last Updated: 15.09.2026

1. Scope and Provider

(1) These Terms and Conditions (hereinafter "Terms") govern the relationship between:

Ibach Innovation UG
Bei der Apostelkirche 15
20257 Hamburg
Germany
(hereinafter "Provider")

and the users (hereinafter "User") of the iOS app "wortspatz" (hereinafter "App").

(2) These Terms apply exclusively. Any deviating terms of the User shall not apply unless expressly agreed to in writing by the Provider.

2. Subject of the Agreement

(1) This agreement covers the provision of the App with free basic features for use on iOS devices. Additional Pro features may optionally be unlocked through a paid in-app purchase. The applicable price and included features are displayed before purchase.

(2) The App is a vocabulary learning application and provides, in particular, the following features:

• Learning and managing personal vocabulary
• Quiz and learning modes
• Gamification elements such as levels and streaks
• Optional automatic translation of user input
• Optional AI photo import of vocabulary using Amazon Bedrock
• Optional sharing functionality for vocabulary

(3) The App is provided for private, non-commercial use only.

3. Local Data Storage and User Responsibility

(1) The User’s personal vocabulary collection and learning progress are stored locally on their device. Online features also process data on external systems as described in the Privacy Policy.

(2) The User is solely responsible for backing up their data. The Provider does not perform any data backups.

(3) Uninstalling the App, changing devices, or technical defects may cause local data loss. The Provider’s liability is governed by section 8.

4. Use of External Features

(1) Certain features of the App (e.g. automatic translation, AI photo import, or sharing functionality) require data transmission to external systems.

(2) The use of these features is voluntary.

(3) Further information can be found in the Privacy Policy.

(4) AI-generated results and automatic translations may contain errors. The User should review results before adding them to their vocabulary collection and using them further. Statutory rights and the liability provisions in section 8 remain unaffected.

5. Rights of Use

(1) The Provider grants the User a simple, non-exclusive, non-transferable, and non-sublicensable right to use the App for personal purposes.

(2) The User is prohibited from decompiling, modifying, copying, or distributing the App, unless permitted by mandatory law.

6. Obligations of the User

(1) The User agrees not to misuse the App.

(2) In particular, the User must not take any actions that could impair the functionality of the App or any related server infrastructure.

(3) The User is solely responsible for any content they input into the App.

6a. Fair Use of AI Features

(1) AI features are provided for personal, non-commercial learning. Prohibited use includes automated bulk requests, circumventing technical restrictions, and use whose volume or frequency substantially exceeds personal learning needs and causes disproportionate costs or impairs availability. Relevant factors include the number and frequency of requests, the processing they require, and their effect on service operation.

(2) For such violations, the Provider may limit or temporarily suspend access to AI features to the extent necessary and proportionate. Where reasonable, the Provider will first notify the User of the violation and give them an opportunity to remedy it. Immediate restrictions are possible where there is a substantial and immediate impact on service operation or deliberate circumvention of safeguards.

(3) Temporary restrictions will be lifted once their grounds no longer apply. For serious or repeated violations, AI access may be permanently suspended if less restrictive measures are insufficient. Affected Users will receive reasons and may request a review by contacting wortspatz@andgineering.com.

(4) Measures under this section concern access to AI features. Locally available learning features and previously stored learning content remain usable.

7. Availability

(1) The Provider strives to ensure high availability of the App.

(2) Uninterrupted availability cannot be guaranteed for technical reasons.

(3) Features requiring an internet connection may be limited due to external factors.

8. Liability

(1) The Provider shall be liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In cases of slight negligence, the Provider shall only be liable for the breach of a material contractual obligation ("cardinal duty"). In such cases, liability is limited to the foreseeable, typical contractual damage.

(3) The preceding paragraphs also apply to loss of locally stored data. Mandatory statutory liability, particularly under the German Product Liability Act, and liability under expressly assumed guarantees remain unaffected.

(4) These limitations of liability shall also apply to the Provider’s vicarious agents.

9. Data Protection

Information on the processing of personal data can be found in the separate Privacy Policy.

10. Changes to the Terms

(1) The Provider may propose amendments to these Terms, particularly when features or legal requirements change.

(2) Users will be informed of proposed amendments and their intended effective date in an appropriate manner and in good time.

(3) Where legally required, amendments take effect only with the User’s agreement. Silence or failure to object does not constitute agreement. Unless an amendment is validly agreed, the existing Terms continue to apply.

11. Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the protection of mandatory provisions of the law of their habitual residence that would apply without this choice of law.

(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the Provider’s registered office.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.