Terms of Use

1. Provider

The Service is provided by:

Engin Deniz Usta
Brennerei 2
82024 Taufkirchen
Germany
support@abece.app

Further information on the provider is given in the imprint.

2. Definitions

In these Terms, the following terms have the meanings set out below:

• "Abece", "we", "us" and "our" refer to Engin Deniz Usta as the provider of the Service.
• "You" and "your" refer to the natural person who uses the Service.
• "App" means the Abece application for iOS.
• "Website" means the website abece.app and its language versions, where we publish these Terms. Visiting the Website does not conclude an agreement.
• "Service" means the App with all features, Content and updates we provide through it.
• "Account" means the account the App creates for you when you accept these Terms, with or without a sign-in with Apple or Google.
• "User ID" means the random identifier of your Account, which the App shows in Settings under Account.
• "Content" means the rings, clues, example sentences, translations, audio recordings, word lists and all other learning material in the Service.
• "Abece Plus" means the optional paid extension of the Service described in section 8.
• "App Store" means Apple's App Store, through which the App is distributed and Abece Plus is sold.
• "Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB).

3. Scope and conclusion of the agreement

3.1 These Terms apply to every use of the App.

3.2 The agreement on the free use of the App is concluded when you accept these Terms in the App. Before that, the App lets you play a short sample ring with words built into the App; for it, the App creates no Account and sends nothing to us. The App then shows the line "By tapping Start learning, you accept the Terms of Use.", with a link to these Terms, above the Start learning button, and you accept these Terms by tapping that button. If you continue with Apple or Google before you have an Account, the line "By continuing, you accept the Terms of Use." on that screen applies in the same way. If you used the App before this way of accepting was introduced, the App asks for your acceptance after the update. The purchase of Abece Plus is additionally governed by section 8 and by the terms of the App Store.

3.3 These Terms are available in English, Turkish and German; the versions have the same content. The agreement is concluded in the language in which you accepted the Terms, and that version is the one that applies to you.

3.4 We store which version of these Terms you accepted and when. Every version remains available with its date at abece.app/terms/archive. You can view, save and print the current version on the Website at any time; on request to support@abece.app we send you the version you accepted.

4. Eligibility

4.1 You may use the Service if you are at least 13 years old.

4.2 If you are not yet of legal age, you need the consent of a parent or legal guardian to accept these Terms. Please read these Terms together with them.

4.3 When you tap Start learning, and before it creates your Account, the App asks iOS for your age range through Apple's Declared Age Range feature; it never asks for your date or year of birth. In regions where the law requires apps to check the age range, the App asks before the sample ring, and you can use the App only after sharing it. If the age range shows that you are under 13, you cannot use the App, and no Account is created (section 4.1). If you are 13 to 15, or you do not share your age range, the App does not ask for your consent to Analytics or to News & offers, and both stay off. The privacy policy sets out the details.

4.4 You buy Abece Plus from Apple (section 8.2). If you are not yet of legal age, you may buy Abece Plus only with the consent of a parent or legal guardian. Parents can use Apple's Ask to Buy for this; the purchase then goes through only once they approve it. The statutory rules on contracts made by minors remain unaffected.

5. The Service

5.1 Abece is a vocabulary trainer built around the alphabet ring: one clue per letter, the answer begins with that letter, you may pass and return to a letter later, and you play against the clock. A new daily ring, practice rings and a review of the words you missed support your learning.

5.2 Learning with Abece is free of charge and will remain so. This applies to the core of the Service: the daily ring, the practice rings and the review of the words you missed (the review queue and the review screen). They are available without payment and are not restricted by the absence of Abece Plus.

5.3 The Service is a learning aid. It is not a certified language course, does not prepare for a particular examination and does not lead to any qualification.

6. Updates

6.1 For the term of the agreement, we provide the updates to the App that are needed to keep the Service in conformity with the agreement, including security updates, and we inform you about them in the App or in the App Store.

6.2 If you do not install such an update within a reasonable time although we informed you about it and about the consequences of not installing it, we are not liable for a defect that results solely from that. This does not apply if the installation fails because of faulty instructions from us.

7. Account

7.1 You do not need to sign in to use the Service. When you accept these Terms, the App creates an anonymous Account with a random User ID, so that the Service can store your progress (see the privacy policy). Your progress is linked to that Account.

7.2 You may link your Account to Sign in with Apple or Sign in with Google. Your User ID remains the same. A linked Account keeps your progress across devices, and you recover it on a new device by signing in again. If the Apple or Google account you sign in with already holds an Abece Account, the progress of your anonymous Account is transferred to it and the anonymous Account is then deleted. In certain cases, for example where both Accounts hold an active subscription, the Accounts cannot be merged. The sign-in services of Apple and Google are subject to their own terms.

7.3 Until you sign in, your Account is tied to this installation of the App: if you delete the App, reset your device or move to a new device, the App starts over with a new Account, and you cannot get your progress back in the App.

7.4 You are responsible for keeping access to your device and to any linked Apple or Google account secure. Please inform us without delay at support@abece.app if you believe that someone else is using your Account.

8. Abece Plus

This section applies only if you purchase Abece Plus.

8.1 Subject matter

Abece Plus includes what the Abece Plus screen shows when you buy it. At present that is learning more than one language: you may add further languages to learn and switch between them in Settings, and each language keeps its own level and streak. You can add a language only once it has words to learn; the App shows which languages these are when you add one. At present German is the only language with words to learn. The free scope of the Service under section 5.2 remains unchanged.

8.2 Purchase and conclusion of the contract

8.2.1 Abece Plus is sold exclusively through the App Store, with Apple acting as the seller. The contract for the purchase is concluded with Apple when you confirm the purchase in the App Store's payment dialogue. Payment is made to Apple through your Apple Account; we never receive your payment details.

8.2.2 Abece Plus is currently offered as a one-time purchase and as a monthly subscription. The options available, their prices, and the term of a subscription are shown in the Abece Plus screen before purchase. Nothing is charged without your express purchase in the App Store.

8.2.3 You do not need to sign in to purchase Abece Plus. The purchase is linked to your Account (section 7).

8.2.4 The one-time purchase unlocks Abece Plus for your Account without a time limit, for as long as we provide the Service (section 18.4). It does not renew and is not charged again.

8.2.5 Abece Plus cannot be shared through Apple's Family Sharing.

8.3 Subscriptions

8.3.1 A subscription renews automatically at the end of each period for the same period at the same price, unless you cancel it in your App Store subscriptions at least 24 hours before the end of the current period. Payment is charged to your Apple Account at purchase and at each renewal. The App offers a Manage subscription link for this purpose.

8.3.2 Cancellation takes effect at the end of the current period. Abece Plus remains available until then. Deleting the App or your Account does not cancel a subscription.

8.3.3 We raise the price of a running subscription only with your consent, which Apple asks you for before the renewal. If you do not consent, the subscription ends at the end of the current period.

8.4 Restoring purchases

If you reinstall the App or use a new device, you can restore your purchase with Restore purchases in the Abece Plus screen, using the same Apple Account.

8.5 Refunds and the right of withdrawal

8.5.1 Refunds are handled by Apple under its terms, for example through reportaproblem.apple.com.

8.5.2 Consumers in the European Union have a statutory right of withdrawal for contracts concluded at a distance. Since Apple is the seller, this right relates to your contract with Apple and is exercised against Apple in accordance with Apple's terms. The conditions under which the right of withdrawal for digital content and digital services expires early are governed by the applicable law and Apple's terms.

8.5.3 Your statutory rights in relation to defects (section 15) remain unaffected.

8.6 Deleting your Account

If you delete your Account, the agreement ends (section 18.2) and your purchase is no longer linked to that Account. A subscription continues, and is charged, until you cancel it in your App Store subscriptions. Your statutory rights remain unaffected.

9. Licence

9.1 We grant you a personal, non-exclusive, non-transferable right, revocable in accordance with section 18, to use the Service and its Content for your own learning and for non-commercial purposes.

9.2 You may not sublicense, sell, rent or otherwise make available to third parties this right, the App or the Content.

10. Intellectual property

10.1 The App, its source code, its design, the name and logo "Abece", the ring mark, the rings and all Content are protected by copyright and other intellectual property rights and belong to us or to our licensors. Except for the right granted in section 9, no rights are transferred to you.

10.2 The sources of the word frequency data we use are credited on the licences page; the licence terms stated there apply to that data.

11. Acceptable use

11.1 You must use the Service only as intended and in compliance with the law. In particular, you must not:

• access the Service by automated means, or copy, extract or republish clues, rings or audio in bulk;
• attempt to circumvent the answer checks, the device check or any other security measure, or attack, overload or disrupt the Service;
• decompile, disassemble or reverse engineer the App, except where the law expressly permits it;
• use the Service in a way that infringes the law or the rights of others.

11.2 If you breach section 11.1, we may take the measures set out in section 18.3.

12. Learning content and reports

12.1 We create and check the clues, examples, translations and audio recordings with care and make sure that every clue has a single clear answer. AI tools help us write the clues, and people review them. A clue may nevertheless be imprecise or allow another answer. Your statutory rights in relation to defects (section 15) remain unaffected.

12.2 Abece is a learning aid. We do not owe a particular learning result, the passing of an examination or a particular language level.

12.3 If a clue appears wrong or unclear, you can report it in the App. We use reports to correct and improve the Content.

13. Feedback

Ideas, suggestions and other feedback you send us are welcome. You grant us a free, non-exclusive, perpetual right to use them to improve the Service, without any obligation to compensate you. We will not publish your name or your message without your consent.

14. Third-party services

14.1 The Service uses services of third parties, in particular Apple's App Store, and Sign in with Apple and Sign in with Google. Their use is subject to the terms and privacy policies of the respective providers, which are responsible for their services.

14.2 Which service providers process personal data on our behalf is set out in the privacy policy.

15. Statutory warranty and availability

15.1 The statutory provisions on defects apply. For Consumers, this includes the rights in relation to digital products under §§ 327 to 327u BGB.

15.2 We strive to keep the Service available at all times, but we do not guarantee uninterrupted availability. Interruptions may occur, in particular for maintenance, updates or technical faults outside our control. Your statutory rights remain unaffected.

15.3 Beyond what is needed to keep the Service in conformity with the agreement, we may change the Service where there is a valid reason, in particular adapting it to a new technical environment (such as a new version of iOS), to changed requirements of Apple, to a larger number of users, to new laws or official requirements, or for reasons of security or operation. Such a change causes you no additional cost, and we inform you about it clearly and comprehensibly.

15.4 If a change impairs your access to the Service or its usability more than insignificantly, we inform you in good time beforehand, on a durable medium, of its features, its date and your right to terminate the agreement free of charge within 30 days of that information or, if the change takes place later, of the change. This right does not exist if you can continue to use the Service unchanged at no additional cost. You cancel a subscription to Abece Plus in your App Store subscriptions.

16. Limitation of liability

16.1 Our liability is the same for the free and the paid parts of the Service.

16.2 We are liable without limitation for damage caused intentionally or through gross negligence, for defects we have fraudulently concealed, under a guarantee we have given, for injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).

16.3 In cases of slight negligence, we are liable only for breach of an essential contractual obligation, and then only for the damage that is typical for the contract and foreseeable. An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the agreement possible in the first place and on whose compliance you may regularly rely.

16.4 Otherwise, our liability is excluded.

16.5 The above limitations also apply in favour of persons whom we engage to perform our obligations.

16.6 Your statutory rights as a Consumer remain unaffected.

17. Privacy

How we process personal data is set out in the privacy policy. The privacy policy informs you about that processing; it is not part of the agreement under these Terms, and accepting these Terms is not consent to any processing of your data.

18. Term and termination

18.1 The agreement runs for an indefinite period. It ends when you delete your Account.

18.2 You may end the agreement at any time without notice by deleting your Account in the App under Account, Delete account. Your Account and your progress are then deleted for good; the privacy policy sets out in detail what is deleted. Deleting the App alone does not end the agreement and does not delete your data on our server. You cancel a subscription to Abece Plus separately in your App Store subscriptions (section 8.3).

18.3 We may block a User ID that breaches section 11.1, or terminate the agreement for good cause. Where reasonable, we will first warn you and give you the opportunity to remedy the breach. Your statutory rights, in particular in relation to Abece Plus already paid for, remain unaffected.

18.4 We may discontinue the Service altogether and thereby end the agreement. We announce this at least three months in advance in the App and on the Website. Until then the Service, including Abece Plus, remains available. Your statutory rights, in particular in relation to a one-time purchase or a paid subscription period of Abece Plus, remain unaffected.

18.5 Sections 10, 13, 16 and 21 continue to apply after the end of the agreement.

19. Changes to these Terms

19.1 We may change these Terms with effect for the future where there is a legitimate reason, in particular a change to the Service, to the law or to case law, and where the change is reasonable for you. We do not change in this way the scope of Abece Plus you have already paid for, or its price.

19.2 Changed Terms apply to you only once you accept them in the App. The App shows you the new version with its date and asks for your acceptance; we point out significant changes separately. Your silence or continued use does not count as acceptance.

19.3 Until you accept the changed Terms, you cannot continue to use the App; your Account, your progress and Abece Plus are kept. If you do not accept, you may end the agreement under section 18.2 and cancel a subscription in your App Store subscriptions. You can still obtain a copy of your data on request to support@abece.app.

20. Apple

20.1 These Terms are concluded between you and us, not with Apple. Apple is not responsible for the App or its Content.

20.2 The licence under section 9 is limited to the use of the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store's terms of use, except that the App may also be accessed and used by other accounts associated with the purchaser through Apple's Family Sharing or volume purchasing. Abece Plus is not shared in this way (section 8.2.5).

20.3 We alone, not Apple, are responsible for maintenance and support of the App. Apple has no obligation to provide maintenance or support services for the App.

20.4 If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty are our sole responsibility, not Apple's.

20.5 We, not Apple, are responsible for addressing any claims by you or third parties relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar legislation. In the event of a third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for its investigation, defence, settlement and discharge.

20.6 You confirm that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

20.7 When using the App, you must comply with applicable third-party terms, in particular the App Store's terms of use and your mobile or internet service agreement.

20.8 Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

20.9 These Terms are the end user licence agreement for the App. Apple's standard licensed application end user licence agreement does not apply to the App.

20.10 Please direct any questions, complaints or claims concerning the App to us, using the contact details in section 28.

21. Governing law and disputes

21.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a Consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of the country in which you have your habitual residence.

21.2 If you are a merchant, a legal entity under public law or a special fund under public law, the courts of Munich, Germany, have exclusive jurisdiction for all disputes arising from or in connection with these Terms.

21.3 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

22. Force majeure

We are not responsible for any failure or delay in performing our obligations that is caused by events beyond our reasonable control, such as natural disasters, epidemics, war, civil unrest, official measures, or the failure of public communication networks or of the infrastructure of our service providers. Section 16.2 remains unaffected.

23. Assignment

23.1 We may transfer our rights and obligations under these Terms to a third party in whole or in part. We will inform you of a transfer in advance; in that case you may terminate the agreement with effect from the date of the transfer.

23.2 You may transfer your rights and obligations under these Terms to a third party only with our prior consent. § 354a of the German Commercial Code (HGB) remains unaffected.

24. No waiver

If we do not exercise or enforce a right under these Terms, or do so only late, this does not constitute a waiver of that right.

25. Notices

25.1 We give notices concerning the Service and these Terms in the App. If you have signed in with Apple or Google, we also send notices for which the law requires a durable medium to the email address of that sign-in. If you have written to us, we may also reply to you by email.

25.2 You can send notices to us by email to support@abece.app or by post to the address in section 1.

26. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in force. In place of the invalid provision, the statutory provisions apply (§ 306 BGB).

27. Entire agreement

These Terms constitute the entire agreement between you and us concerning the Service; how we process personal data is set out in the privacy policy (section 17). Individual agreements made with you take precedence over these Terms (§ 305b BGB). For the purchase of Abece Plus, the terms of the App Store apply in addition.

28. Contact

If you have any questions about these Terms, please contact us:

• Email: support@abece.app
• Post: Engin Deniz Usta, Brennerei 2, 82024 Taufkirchen, Germany
• Telephone: given in the imprint