Terms of Service

Version: July 2026

This English translation is provided for convenience only. In the event of any discrepancies, the German version of these conditions of use shall prevail.

I. General

The following conditions of use shall apply as general terms and conditions for the use of the SwiftCards App (hereinafter "App"), which is provided by the KGE UG (haftungsbeschränkt), Haardtring 15, 64295 Darmstadt, Germany (hereinafter "KGE").

The App is available for macOS and can be downloaded and installed free of charge in the respective App-Store under the conditions applicable there. For use of the respective App-Store, the conditions of use of the respective operators apply exclusively.

By downloading the App from the App-Store or by accepting these conditions of use, a license agreement for use of the App is made between the user and KGE. Neither the App-Store operator nor a related company become a contracting party of this license agreement.

The App offered by KGE is aimed exclusively at consumers. It is not allowed to use the App for commercial purposes.

II. Range of functions

The App provides, inter alia, the following functionalities to the user:

KGE reserves the right to delete the server-side account data of users using the free basic version of the App if they have not opened the App for a time period of more than a year.

The App is constantly developed and thus new features and services are offered at regular intervals. Additional features and services within the App can be or become fee-based. In this case, KGE will inform the user about the prices and features beforehand.

Furthermore, KGE is allowed at any time to change, limit, or discontinue features within the App that are provided for free or to only offer them fee-based.

To fully use the functions of the App, the device on which the App is installed must provide an internet connection.

III. Use of the App; Rights

KGE grants the user the non-exclusive, non-sublicensable, non-transferable right to use the App and all its digital content according to these conditions of use.

The granting of the right of use is subject to the condition of compliance with these conditions of use. In the case of a violation by the user against these conditions of use, the rights to use the App and its contents automatically expire. KGE can, at its sole discretion and without prior notice, partially or completely lock a user's access to this App including all its functions and contents if there are reasons to believe that the user violates the conditions of use or causes damage by using the App including its contents.

Besides an expiration of the right of use, a violation of these conditions of use can have further legal consequences for the user, for example in the case of illegal use of the App and its contents. This includes the omission of further use and claims for compensation.

The App has contents that are protected in favor of KGE or in favor of third parties by copyright, trademark, and/or other protective rights.

The rights to content that a user uploads within the App remain with the user. With the upload however, the user grants KGE a non-exclusive, free-of-charge, and at any time revocable right of use of the content for the purpose of fulfilling the obligations under the license agreement.

The right of use granted above includes in particular the right to technically store, reproduce, and reformat the uploaded content for the purpose of the automated creation of flashcards and the provision of the other contractual services, and to have it processed by technical service providers that KGE uses to provide its services and that are contractually bound in accordance with these conditions of use (currently in particular Google within the scope of the services Firebase and Vertex AI as a processor within the meaning of Art. 28 GDPR). For this purpose, KGE is entitled to grant corresponding sublicenses to the service providers used. Any use of the content beyond this, in particular for training AI models or for disclosure to third parties for their own purposes, does not take place.

IV. Obligations and responsibilities of the user, prohibitions

The user is solely responsible for all content he uploads within the App. The user warrants that he holds all rights, licenses, and permissions required to upload the content within the App and to have it processed by KGE and the technical service providers used by KGE within the scope of section III., and that the upload and the contractual processing of the content do not violate any rights of third parties — in particular copyrights and ancillary copyrights, trademark rights, personality rights, and data protection rights — or any statutory provisions. The user is prohibited from uploading content to which he does not hold the required rights or whose processing violates applicable law.

The user is not entitled to edit, copy, distribute, publicly reproduce, publicly display, advertise or use content of KGE (text, images, data etc.) provided via the App or individual parts thereof beyond the contractually agreed purpose, unless this is expressly permitted under these conditions of use or by law.

The user is not permitted to change, adapt, translate, create derivative works from, reverse engineer, disassemble, or decompile the App or otherwise attempt to derive the source code of the App. Legal powers remain unaffected, especially the right of the user to decompile the App to obtain the necessary information to establish its interoperability with other programs, unless KGE makes it available to him on reasonable terms. The user is not allowed to decompile the App for other purposes.

In addition, any use of the App that has a negative impact on the App itself or on websites connected to it, or on software accessed through the App is prohibited. In particular, any manipulation of the App or the program code, for example by viruses, Trojans or other harmful program codes or other actions or tools that could lead to damage to the App, the service, the digital content, or technical equipment is prohibited.

V. AI-generated content

The App creates flashcards automatically using artificial intelligence (AI). For this purpose, the content uploaded by the user is processed by an AI model of a technical service provider of KGE (currently: Google Gemini, provided via Google Firebase / Vertex AI). The generated flashcards are provided without editorial review by KGE.

AI-generated content is based on probabilistic methods. It can be incorrect, incomplete, outdated, or misleading, even if it appears accurate due to its level of detail, and does not represent the views of KGE. KGE owes the automated creation of the flashcards from the uploaded content, but not their substantive accuracy, completeness, or suitability for a specific purpose. The statutory rights of the user, in particular the warranty rights for digital products (§§ 327 et seq. BGB), remain unaffected.

The user is obliged to review AI-generated flashcards on his own responsibility for accuracy, completeness, and suitability before using them, in particular before using them for exam preparation or comparably significant purposes. The App does not replace studying the original materials and does not constitute professional, legal, or medical advice.

As between KGE and the user, the rights to the flashcards generated for the user belong to the user. To the extent that KGE acquires rights to AI-generated content, KGE hereby transfers them to the user or grants him a non-exclusive, perpetual, transferable right of use. The user acknowledges that AI-generated content is not necessarily unique and that identical or similar content may be generated for other users; the granting of rights does not extend to content of other users.

VI. Free basic version, in-app purchase, and payment conditions

The use of the free basic version (see section II.) is free of charge.

Certain functions of the App, in particular the AI-based creation of flashcards, consume credit units ("Credits"). Consumption depends on the scope of the respective processing and is displayed to the user in the App.

The user receives Credits (a) once as a free welcome balance, (b) by purchasing credit packs via in-app purchase, and (c) within the scope of an active subscription in the form of a daily allowance. The daily allowance is provided anew each calendar day; unused units of the daily allowance expire at the end of the respective calendar day and are not carried over to the following day. Credits purchased as credit packs do not expire and remain available until they are used.

Credits are tied to the user account, are not transferable to other users or accounts, and have no monetary value outside the App. Unused Credits are not paid out. The statutory right of revocation (section XI.) and the statutory warranty rights remain unaffected.

The payment processing of in-app purchases is directly handled by the operator of the App-Store via the user account.

As soon as the user has confirmed the in-app purchase in the App-Store, the user account in the App-Store will be debited with the respective amount.

KGE reserves the right, at its sole discretion, to make in-app purchases available only in certain regions, at limited times, or not at all.

VII. Contract term and termination

The license agreement between the user and KGE is concluded for an indefinite term, unless and to the extent that the conditions of the respective in-app purchase state something else. If no specific term has been agreed on, the license agreement can be terminated at any time with a notice period of three months without having to give any reasons. Termination has to be done in text form (e.g. E-Mail). In the case of an App subscription, the user also has the option of preventing the license agreement from being renewed for a new subscription period by turning off the automatic renewal of the subscription in the subscription management of his App-Store account; on the Mac, the subscription management can be reached via the App Store app (account settings → "Subscriptions") and at https://account.apple.com/subscriptions, and it can also be opened directly from within the App via the "Manage subscription" button (Settings → "Usage & Billing"). The deactivation must be done at least 24 hours before the new subscription period begins; otherwise, the license agreement will be extended by the agreed new subscription period and the respective fee will be charged via the user's App-Store account. The user retains access to the subscribed functions until the end of the current subscription period.

The right of the user and of KGE to terminate the license agreement at any time for good cause remains unaffected. An important reason for KGE is in particular a use contrary to the obligations and prohibitions regulated in these conditions of use.

VIII. Availability, support, discontinuation of the App

KGE strives to keep the App available with as little interruption as possible and will remedy disruptions within its own sphere of influence without undue delay.

Essential functions of the App (in particular the AI-based creation of flashcards) technically depend on cloud and AI services of third-party providers (currently in particular Google Gemini and Google Firebase) as well as on an existing internet connection of the user. This dependency is part of the agreed characteristics of the App.

Temporary restrictions or interruptions of availability can result in particular from (a) maintenance work and updates of the App or the underlying infrastructure, (b) disruptions, capacity bottlenecks, or changes of the aforementioned third-party services, (c) disruptions of communication and power networks, and (d) events of force majeure. In the event of disruptions of third-party services, KGE will make reasonable efforts to remedy the situation. The statutory rights of the user in the event of failure to provide the digital product and in the event of product defects (§§ 327 et seq. BGB) remain unaffected.

In case of problems with using the App, the user can contact KGE as follows: KGE UG (haftungsbeschränkt), Haardtring 15, 64295 Darmstadt, Germany, E-Mail: request@kge-it.de.

KGE reserves the right to discontinue the App. In such a case, all users will be informed about the discontinuation of the App via communication in the App or by E-Mail. After this notification, users that have made an in-app purchase can still use the App until the end of their current subscription period; at the end of this subscription period, the subscription ends automatically without the need for a cancellation. Credits purchased but not yet used at the time of the discontinuation of the App will be refunded to the user by KGE.

IX. Liability

KGE is liable to the user without limitation only

Insofar as the liability is not in accordance with the above list governed by the statutory provisions, the following applies: In cases of slightly negligent violation of only insignificant contractual obligations KGE is not liable for damages. Otherwise, liability for damages caused by slight negligence shall be limited to those damages that are typically to be expected within the scope of the respective contractual relationship (typically foreseeable damages).

Insofar as the liability of KGE is excluded or limited according to these provisions, this shall also apply to the liability of KGE's organs, vicarious agents, and assistants, including the employees.

If KGE is held liable by a third party due to a violation of these conditions of use by the user, the user indemnifies KGE against all claims and costs arising directly or indirectly from this, including reasonable costs for defense by a lawyer. This does not apply insofar as the user is not responsible for the violation.

X. Data protection

KGE observes relevant data protection regulations. User data are handled confidentially and in a manner permissible under data protection law. The privacy statement available at https://swift-cards.app/en/privacy/ provides more detailed information about the collection, processing and use of personal data in connection with the App.

XI. Right of revocation

Insofar as the user cannot be assigned to a commercial or independent professional activity, the following provisions apply to him as a consumer within the meaning of § 13 BGB:

Revocation instruction

Right of revocation

You have the right to revoke this contract within fourteen days without having to give any reasons. The revocation period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us

KGE UG (haftungsbeschränkt)

Haardtring 15, 64295 Darmstadt, Germany

E-Mail: request@kge-it.de

by means of a clear statement (e.g. a letter sent by mail or an E-Mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send off the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we must reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees for this refund.

The right to revoke an in-app purchase expires if KGE has started to execute the contract, i.e. to provide the paid functions of the App, after the user has explicitly agreed that KGE starts to execute the contract before the end of the revocation period and has confirmed his knowledge that he loses his right of revocation by his agreement with the start of the execution of the contract.

Sample revocation form

(If you want to revoke this contract, please fill out this form and send it back to us.)

To KGE UG (haftungsbeschränkt), Haardtring 15, 64295 Darmstadt, Germany, E-Mail request@kge-it.de:

Herewith, I/we (*) revoke the contract I/we (*) have concluded for the purchase of the following goods (*)/the provision of the following service (*)

Appointed on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

_________

(*) Strike as applicable

XII. Final provisions

Contracts between KGE and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, shall remain unaffected.

KGE is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).

Should individual provisions of these conditions of use be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected.