Terms of Use: Scoolio App

Scoolio GmbH | Goetheallee 24 | 01309 Dresden

§ 1 Subject of the Terms of Service

(1) Scoolio GmbH, Goetheallee 24, 01309 Dresden (hereinafter "Scoolio") provides an online service via its mobile app for iOS, Android, and Huawei devices (hereinafter "App") for students (hereinafter "Users").

(2) These terms of service govern the provision of services by Scoolio and their use by the users.

(3) For more information about Scoolio, you can refer to the imprint provided in the app settings or visit https://www.scoolioapp.com/imprint.



§ 2 Registration, Conclusion of the User Agreement

(1) The most important features of the app for school life are generally available without registration and are free of charge. The applicability of these terms of service is based on the user’s consent when downloading the app from the respective app store (Apple App Store, Google Play, or HUAWEI AppGallery).

(2) Some features of the app, however, are only available with registration, during which the user must once again agree to these terms of service. Registration and the use of the app are free, except for paid content (Scoolio Premium). There is no entitlement to use the app. Scoolio reserves the right to refuse the registration of users without providing any reasons.

(3) For registration, the user must provide their email address, choose a nickname, and create a password. Additionally, the user may optionally provide their school and class and upload a profile picture. Any input errors can be recognized by the user within the form and corrected directly in the affected fields. By clicking the "Done" button, the user submits a binding offer to conclude a contract regarding the use of the additional services via the app. The confirmation of the registration will be sent to the user via an automated email immediately after submitting the registration. This email also serves as the acceptance declaration from Scoolio, leading to the conclusion of the contract. Upon receipt of the confirmation email, the user is entitled to use the app according to these terms of service. This requires confirmation of the user's email address via the link in the confirmation email within 24 hours. If this does not happen, the data provided during registration will be deleted, and the user agreement will be considered void.

(4) Registration requires that the user is at least 16 years old. The user confirms this upon starting the app.

(5) Users have the alternative option to register through their Facebook, Google, or Apple account, acknowledging the terms of service of the respective provider.

(6) The user assures that all information provided during registration is truthful. Any changes must be made immediately through the login under the stored contact data. Multiple registrations are not permitted.

(7) The contract text, specifically the data provided by the user, will be stored on Scoolio's internal systems and is accessible to the user at any time after the contract is concluded through the login to the user area via the internet. The same applies to these terms of service.

(8) The user must keep their login data, including the password, confidential and not make it accessible to unauthorized third parties. It is the user's responsibility to ensure that access to the app and the services available through it is used only by them or by persons they have authorized. If there is reason to believe that unauthorized third parties have gained or will gain knowledge of the login data, Scoolio must be informed immediately.

(9) The language of the contract is exclusively German and English. Scoolio is not subject to any codes of conduct.



§ 3 Paid Content (Scoolio Premium)

(1) The use of the app’s features is generally free of charge. Additionally, Scoolio offers paid features via an in-app purchase, which require the conclusion of a paid subscription (Scoolio Premium) through the respective app store provider (e.g., as part of the Scoolio homework help).

(2) The scope of services and the current prices for Scoolio Premium are available within the app.

(3) To conclude the contract, the user must select the desired service. The user will then be redirected to the payment page of the respective app store, where they will again be shown the subject of the paid subscription and the price. By clicking the respective order button, the user accepts the offer of the respective app store provider or the service provider employed by them for the use of Scoolio Premium, thus concluding the contract with them. Immediately thereafter, the user will also receive a confirmation from Scoolio via email, and the additional functionalities will be made available for use.

(4) By purchasing Scoolio Premium via in-app purchase, a limited-time contract for the use of Scoolio Premium (subscription) is concluded with the respective app store provider or the service provider employed by them, i.e., with Google Commerce Limited or Apple Distribution International Ltd. The terms of service of the respective app store provider apply to this contract. They are also responsible for fulfilling the legal information duties and the user’s right of withdrawal. The terms of service and further information on the user’s right of withdrawal and reimbursement of payments can be found for Google Play here and for the Apple App Store here.

(5) In addition to the contract with the respective app store provider or the service provider employed by them, the terms of service between Scoolio and the user for the use of Scoolio Premium are based on the existing user agreement according to these terms of service.



§ 4 Duration and Termination

(1) The contract for the use of the app is concluded for an indefinite period. The user may terminate it at any time by contacting Scoolio via email to request the deletion of their data or by deleting their data themselves in the app settings using the appropriate function.

(2) The duration and termination of a paid subscription for Scoolio Premium are governed by the terms of service of the respective app stores.

Termination occurs directly through the respective app store. Further information can be found here:

By terminating with the respective app store operator, the ability to use the additional features of Scoolio Premium ends with the expiration of the contract period. Otherwise, the contract between Scoolio and the user for the use of the app continues until its termination according to § 4 para. 1 or para. 3.

(3) Scoolio may terminate the user contract with a notice period of one month, e.g., by email to the email address provided by the user. The right to block the account remains unaffected, as does the right to terminate for good cause. A good cause for Scoolio exists in particular if the user violates these terms of service.

(4) Upon the effective termination, the contract ends, and the user may no longer use their access. Scoolio reserves the right to block the user's access data upon the effective termination.

(5) Scoolio will irretrievably delete all data generated during use no later than 30 calendar days after the effective termination, unless retention is required due to legal reasons, such as for asserting, exercising, or defending legal claims or due to statutory retention periods. In such cases, processing of the user’s data will be restricted.



§ 5 Service Offering and Availability of Services

(1) Scoolio provides users with the opportunity to use the functions of the app. The specific content and scope of services are determined by the functionalities available in the app at the time, taking into account permissible updates.

(2) Scoolio is entitled to change the free services and functionalities provided via the app at any time, to make new services and functionalities available, or to discontinue the provision of free services and functionalities. Scoolio will take the legitimate interests of the users into account in this regard.

(3) Some services available via the app may belong to third parties, to which Scoolio merely provides access. For the use of such services, the respective terms of service or business conditions of the third party apply.

(4) The right to use the services available via the app exists only within the technical and operational capabilities of Scoolio. Scoolio strives for the most uninterrupted usability of its services. However, temporary limitations or interruptions may occur due to technical disturbances (e.g., power outages, hardware and software errors, technical problems in data lines) or for necessary maintenance work. The legitimate interests of the users will be taken into account. Scoolio’s liability as regulated in § 11 remains unaffected.



§ 6 Protection of Content, Responsibility for Third-Party Content

(1) The content available via the app is predominantly protected by copyright or other rights and is the property of Scoolio or third parties who have provided the respective content. The compilation of the content may be protected as a database or database work under §§ 4 para. 2, 87a para. 1 UrhG. Users may only use this content in accordance with these terms of service and within the framework provided by the app.

(2) The content available on the app originates partly from Scoolio and partly from third parties. Scoolio does not verify the completeness, accuracy, or legality of third-party content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality, or currency of third-party content. This also applies to the quality of third-party content and its suitability for a particular purpose, including third-party content on linked external websites.



§ 7 Scope of Permitted Use

(1) The user’s right to use is limited to accessing the app and using the available services within the framework of these terms of service and applicable legal regulations. The individual services available to the user are described in the privacy information for the app in detail.

(2) As long as functionality is available via the app, users may customize their user profile within the framework of these terms of service according to their preferences. However, the restrictions in § 8 must be taken into account. Scoolio generally does not verify the identity of profile holders or the information in the profiles. Therefore, Scoolio does not guarantee that every profile holder is indeed the person they claim to be.



§ 8 User Responsibilities

(1) The user is solely responsible for their actions within the app as well as for the content and data they use or publish in the app. In particular, they may not use it for unlawful or unauthorized purposes. Furthermore, the user is obligated not to store, publish, transmit, or distribute any racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence, or otherwise illegal content. The user is explicitly warned that it is prohibited to use legally protected terms, names, images, videos, or other materials.

(2) The user guarantees that they will not process any photographs or other works via the app without being entitled to do so under applicable copyright regulations. Additionally, photographs or other content that depict or suggest nudity, sexual and/or pornographic acts, violence, self-harm, drugs, weapons, or similar, that show people consuming alcohol or cigarettes, that contain personal data of third parties, that show masked, heavily obscured, or altered faces, that contain prohibited symbols, flags, or other banned signs and gestures, that refer to foreign websites or other commercial content, and individual images of children and minors under the age of 14 are prohibited unless it is the user's own profile picture, used with the consent of the legal guardians and in compliance with the above requirements. Furthermore, the user guarantees that the provided information is truthful and describes their personality. The user is aware that it is considered a legitimate interest of Scoolio to verify the accuracy of the information provided by the user.

(3) The user also commits to complying with the applicable legal regulations during registration and use of the app. The user also commits to treating emails and other incoming messages confidentially and not making them accessible to third parties or forwarding them without the consent of the sender. The same applies to other personal data of third parties, such as names, phone numbers, residential or email addresses.

(4) Furthermore, the user is obligated not to misuse the app and the services offered through it, especially:

  • not to distribute defamatory (e.g., slanderous) or offensive or otherwise illegal information and content;
  • not to use the app to threaten, harass, or violate the rights (including personality rights) of other individuals/users;
  • not to upload data containing worms, viruses, spyware, malware, or other harmful code, and generally not to upload content that is copyrighted unless the user holds the rights or has the necessary permissions, with Scoolio reserving the right to request proof;
  • not to use the app in a manner that adversely affects the availability of the services for other users;
  • not to intercept messages or attempt to do so;
  • not to advertise other online services;
  • not to create chain letters or messages and send them to multiple people simultaneously;
  • not to send spam messages;
  • not to include foreign names, addresses, phone numbers, or email addresses in personal and voluntary information (user profile).

(5) Scoolio reserves the right to refuse the posting of content and/or to edit, block, or remove content already posted without prior notice, if the posting of content by the user or the content itself violates this § 8 or if there are concrete indications that a serious violation of this § 8 will occur. Scoolio will take the legitimate interests of users into account and choose the least severe means to counteract the violation of § 8.

(6) If users become aware of illegal, abusive, contract-violating, or otherwise unauthorized use of the app, they are requested to contact Scoolio through the general contact options. Scoolio will then examine the matter and, if necessary, take appropriate action.

(7) The user indemnifies Scoolio and its employees or agents from any third-party claims arising from the user's actions in connection with the use of the app that the user is responsible for. Furthermore, the user agrees to compensate Scoolio for all costs incurred by Scoolio due to third-party claims, including the costs of reasonable legal defense.



§ 9 Blocking of Access

Scoolio may temporarily or permanently block a user's access to the app if there are concrete indications that a user is violating these terms and conditions and/or applicable law, or if Scoolio has another legitimate interest in blocking access. In deciding whether to block access, Scoolio will reasonably consider the legitimate interests of the affected user. In the case of a temporary or permanent block, Scoolio will block the user's access authorization. In the case of a temporary block, Scoolio will reactivate the access authorization after the block period expires. A permanently blocked access authorization cannot be restored. Permanently blocked users are permanently excluded from using the services via the app and may not re-register.



§ 10 Granting of Rights

(1) Scoolio grants registered users the right to use the app and the services provided through it in accordance with the legal regulations and these terms of use during the contract term.

(2) The user grants Scoolio a simple, geographically unrestricted, free, and transferable right of use for all content they transmit, store, and publish, insofar as this is necessary for the proper operation of the app and the services offered through it. If the user removes the content they provided from the app, the usage and exploitation rights granted to Scoolio above expire. However, Scoolio is entitled to retain copies made for backup and/or proof purposes.



§ 11 Liability of Scoolio

(1) Scoolio is fully liable:

  • for intent or gross negligence,
  • for the violation of life, body, or health,
  • under the provisions of the Product Liability Act, and
  • to the extent of any warranty assumed by it.

(2) In the case of slightly negligent violations of an obligation, the fulfillment of which is necessary for the proper performance of the contract, which the contract partner regularly relies on and may rely on, and whose violation jeopardizes the achievement of the contract purpose (cardinal obligation), the liability of Scoolio is limited to the typical and foreseeable damage at the time of the conclusion of the contract.

(3) Further liability of Scoolio does not exist.

(4) The above liability exclusions and limitations also apply in the same way in favor of Scoolio's organs, legal representatives, employees, and other vicarious agents.



§ 12 Changes to These Terms of Use

Scoolio reserves the right to change these terms of use at any time with effect even within the existing contractual relationships, provided that there is a valid reason for the change and such change is reasonable for the user, considering Scoolio's interests. A valid reason exists in particular if the change is legally required, e.g., because Scoolio is complying with the legitimate request of a consumer organization or a change in the legal situation/jurisprudence requires it, or if a regulatory gap in the terms of use arises, e.g., because Scoolio expands the free services offered. Scoolio will inform the user about such changes through the app.



§ 13 Online Dispute Resolution, Consumer Arbitration

The European Commission provides an Online Dispute Resolution (ODR) platform. The platform can be found at https://ec.europa.eu/consumers/odr/. Our email address is: info@scoolio.de. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.



§ 14 Final Provisions

(1) These terms of use are exclusively governed by the substantive law of the Federal Republic of Germany, excluding the UN Sales Convention. Mandatory consumer protection regulations of the state in which the consumer has their habitual residence remain unaffected.

(2) Should individual provisions of these terms of use be or become invalid, the remaining terms of use shall remain in full force. Instead of the invalid provision, the applicable legal provisions shall apply.