General Terms and Conditions (AGB)

§ 1 Scope and provider

These General Terms and Conditions (GTC) apply to all contracts for the paid plans and add-on packs of the learning app “Hurra Mathe” (hurra-mathe.de) concluded between SLT-Software, Bauer & Schmid GbR, Mittelfeldstraße 29, 70806 Kornwestheim, Germany, represented by its partners Alexander Bauer and Dr. Wolfgang Schmid, e-mail: info@slt.de, VAT ID DE221382930 (“provider”, “we”), and its customers (“customer”).

The use of the app itself (accounts, child accounts, permitted use) is additionally governed by our Terms of Use. Our Privacy Policy explains how we process personal data.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business (entrepreneur) is any natural or legal person or partnership with legal capacity acting in the exercise of its trade, business or profession when concluding the contract (§ 14 BGB); this may include schools, school authorities, tutoring institutes or teachers ordering for their professional activity. Conflicting terms of the customer do not apply unless we expressly agree to them in text form. These GTC apply to all online orders in the app (payment via Stripe), even where a business orders; a teacher who orders in the app personally orders as a consumer. Use by schools is only offered through a separate school solution on request (see “Hurra Mathe for schools”, hurra-mathe.de/en/schulen/datenschutz); purchase on invoice is not available in the app.

§ 2 Description of services and plans

Hurra Mathe is a web-based learning app for primary school children to practise the four basic arithmetic operations. The app is provided in the browser or as an installable web app (PWA); it is a digital product within the meaning of §§ 327 et seq. BGB. The scope of functions described in the plan overview of the app at the time of the order is authoritative. The following plans are currently offered:

• Free (no charge): one child account, 30 minutes of practice per day, no advertising.
• Starter: €0.99 per month or €9.99 per year – unlimited practice time, one child account.
• Premium: €4.99 per month or €49.99 per year – up to 5 child accounts, parent account, e-mail notifications, progress overview and custom learning profiles.
• Pro: €9.99 per month or €99.99 per year – up to 25 child accounts, groups, test generator, training plans, advanced reports, leaderboards and shareable learning profiles.
• PRO-X add-on pack (only in addition to an active Pro plan): 10 additional child accounts per pack for €4.99 per month or €49.99 per year; 1 to 49 packs per order. Each order of add-on packs is managed as a separate subscription and can be cancelled separately.

The number of child accounts refers to child accounts managed at the same time. There is no entitlement to learning content or functions not mentioned in the plan description. Free use (Free plan, demo mode) is free of charge: it contains no advertising and no personal data is required as counter-performance. It takes place without a contract under these GTC; the Terms of Use apply to it.

§ 3 Conclusion of contract

The presentation of the plans in the app is not a binding offer but an invitation to place an order. Orders may only be placed by adults with full legal capacity via a parent or teacher account; child accounts cannot make purchases. The ordering process is as follows:

• The customer signs in and selects the plan and billing period (monthly or yearly) or the number of PRO-X packs in the plan overview.
• Directly above the order button the customer sees a summary of the order (plan or add-on pack, price including VAT, billing interval as well as minimum term and notice period). The customer ticks a checkbox that is not pre-selected, confirming that they have read and accept these GTC and the Terms of Use, and expressly requests that performance begins before the withdrawal period expires (see § 7). Without this confirmation the order button is disabled.
• By clicking the button “Order with obligation to pay” (German: “Zahlungspflichtig bestellen”) in the app, the customer is redirected to our payment service provider Stripe, enters payment and billing details there and can review and correct all entries before submitting. Using “Back” or cancel, the customer returns to the app without placing an order.
• On the Stripe payment page the customer submits a binding order by clicking the order button there, having previously clicked the button “Zahlungspflichtig bestellen” (order with obligation to pay) in the app; directly above the button the customer is informed that the click places an order with obligation to pay. The contract is concluded when the payment has been successfully authorised and we activate the booked plan, at the latest with our contract confirmation by e-mail.
• The same applies to a plan change: the customer confirms it in the app in a dialog that states the plan, the price including VAT, the billing period, the term and the cancellation terms and that can be cancelled; the binding order is placed there by clicking “Order with obligation to pay”. The payment provider page that follows only handles the payment.

The contract language is German; translations are for information only. We store the contract text. The current version of the GTC is available at hurra-mathe.de/en/agb; the version accepted by the customer is stored together with the time of the confirmation.

After the contract is concluded – at the latest when performance begins – the customer receives a contract confirmation by e-mail on a durable medium (§ 312f BGB). It contains the provider details, the order data (plan or add-on pack, scope, billing interval, contract start, price including VAT), the rules on term and cancellation, the confirmation of the express request to begin performance before the withdrawal period expires together with the notice on compensation for value, and the full wording of these GTC, the Terms of Use, the withdrawal information and the model withdrawal form in the accepted version. In the event of a contract change (plan change) the customer receives a corresponding confirmation of the change. Stripe additionally provides the payment receipt.

§ 4 Prices and payment

All prices are final prices in euros including statutory VAT. Payment processing is handled by the payment service provider Stripe (Stripe Payments Europe, Limited, Dublin, Ireland), using the payment methods offered there, currently credit card. The fee for each billing period (month or year) is due in advance at its beginning and is collected automatically from the stored payment method.

If a payment fails, the following procedure applies: (1) We inform the customer by e-mail and ask them to update the payment method; Stripe retries the payment automatically and access initially remains. (2) If the payment is still outstanding seven days after it was due, access is restricted to the scope of the Free plan – child accounts above the limit are frozen, not deleted – and the customer is informed by e-mail. (3) If the last automatic payment attempt also fails, at the latest 21 days after the due date, the subscription ends; the customer is informed by e-mail. If the payment is received in the meantime, full access is restored immediately. Promotion codes can only be redeemed during the ordering process. Invoices and payment receipts are provided electronically by e-mail or in the Stripe customer portal.

If the customer culpably initiates an unjustified reversal of a card payment (payment dispute, so-called “chargeback”), we charge a flat fee of €20.00. This corresponds to the fee that our payment service provider Stripe charges per payment dispute. The customer may prove that no damage has occurred at all or that the damage is significantly lower than the flat fee; we reserve the right to prove higher damage. The flat fee does not apply if the reversal was justified, in particular if the card payment was not initiated by the customer.

If the customer has questions about a charge, we ask them to contact us first (info@slt.de). We make justified refunds directly via Stripe; the customer incurs no costs for this. In addition, we also make refunds as a goodwill gesture in individual cases; there is no entitlement to a goodwill refund. The customer’s statutory rights, in particular from withdrawal, cancellation and warranty, remain unaffected.

§ 5 Term, automatic renewal and cancellation

Monthly subscriptions are concluded for an indefinite period, renew for one further month at a time and can be cancelled at any time to the end of the current billing month. Yearly subscriptions have an initial term of one year; a cancellation during the initial term takes effect at its end. After the initial term, a yearly subscription continues for an indefinite period and can be cancelled at any time with one month’s notice; the fee continues to be charged yearly in advance. These rules apply equally to base plans and PRO-X add-on packs. Cancellation is possible in particular:

• in the app via the button “Cancel contracts here” (German: “Verträge hier kündigen”) in the settings and on the plans page (cancellation page at hurra-mathe.de/en/kuendigen): the customer selects the contracts, the type of cancellation (ordinary or extraordinary) and the desired date, sees the end of the contract before submitting and confirms with the button “Cancel now” (German: “jetzt kündigen”); also via “Cancel subscription” in the user profile,
• in the Stripe customer portal (“Manage subscription”), where PRO-X add-on packs can also be cancelled individually; the one-month notice period for yearly subscriptions after the initial term applies there as well,
• in text form by e-mail to info@slt.de or to the address given in § 1, stating the e-mail address of the account.

The plan remains usable until the cancellation takes effect. The account is then switched to the Free plan or the child accounts of the cancelled PRO-X pack cease to be available; functions exceeding the Free plan are no longer available; excess child accounts are frozen, not deleted (Terms of Use No. 8). If a yearly subscription ends after the initial term before the end of the billing year already paid for, we refund the fee paid in advance for the time after the end of the contract pro rata to the payment method used. Otherwise, in the event of ordinary cancellation the contract ends with the end of the paid billing period, so no refund arises. Plan changes are made via subscription management; the amounts displayed there before confirmation are authoritative. The provider may cancel subscriptions with one month’s notice to the end of the respective billing period. The right to terminate without notice for good cause (e.g. in the event of serious breaches of the Terms of Use or payment default) remains unaffected.

We confirm receipt of a cancellation made via the cancellation button without delay on screen (for saving or printing) and by e-mail in text form, each stating the content of the cancellation, the date and time of receipt and the date on which the contract ends. We review an extraordinary cancellation separately; as a precaution, the contract is at the same time cancelled with effect from the earliest date an ordinary cancellation would reach. An extraordinary cancellation never puts the customer in a worse position than an ordinary one.

§ 6 Free trial

New parent or teacher accounts may be offered a one-time free 7-day trial of the Premium or Pro plan. The trial is started directly in the app, requires no payment details and ends automatically after 7 days. It does not convert automatically into a paid subscription; a subscription only arises if the customer expressly books a plan. The trial can be used only once per e-mail address, including after the account has been deleted and a new account is registered with the same e-mail address. For this purpose we store a pseudonymised check value of the e-mail address for 36 months (see Privacy Policy). After the trial has ended, the account can only be used to a limited extent unless a plan is booked: plan selection, settings, the user profile and the legal information remain accessible; training and management functions and the child accounts become available again once a plan has been booked. The stored data is retained; the right to delete the account at any time remains unaffected. If the customer books a paid plan during the trial, the trial ends when the subscription begins. There is no entitlement to a trial.

§ 7 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. The withdrawal information and the model withdrawal form are available at hurra-mathe.de/en/widerruf and form part of these GTC. Consumers can also declare the withdrawal via the withdrawal function “Withdraw from contract here” (German: “Vertrag hier widerrufen”) on the cancellation page of the app (hurra-mathe.de/en/kuendigen); the withdrawal is submitted with the button “Withdraw now” (German: “Jetzt widerrufen”) and we confirm receipt by e-mail without delay. Businesses have no statutory right of withdrawal.

The subscriptions are contracts for digital services. We only begin performance before the withdrawal period expires if the consumer expressly requests this in the ordering process via a separate checkbox that is not pre-selected; at the same time the consumer acknowledges that in the event of a withdrawal they must pay a reasonable amount (compensation for value) for the service provided until then (§ 357a(2) BGB). The order requires this request. The right of withdrawal does not expire because performance began early. The compensation is calculated per day: amount paid × full days already provided ÷ days of the paid billing period (days started are disregarded in the consumer’s favour); we refund the remaining amount to the original means of payment. Acceptance of the GTC and the request for early performance are declared with two separate checkboxes; we store the version and time of both declarations.

§ 8 Warranty and updates of digital products

For consumers, the statutory provisions on defects of digital products apply (§§ 327 et seq. BGB). We provide the app in conformity with the contract during the term and supply updates, including security updates, necessary to maintain conformity (§ 327f BGB). As the app is provided as a web app, updates usually take effect automatically on the next visit or reload. Use of the app requires a current web browser supported by its manufacturer (Chrome, Safari, Firefox or Edge in the two most recent major versions) and an active internet connection.

Defects can be reported by e-mail to info@slt.de, ideally with a description and details of device and browser; statutory rights do not depend on this. Beyond what is necessary to maintain conformity, we change the digital product only under the conditions of § 327r BGB, i.e. for a valid reason (e.g. adaptation to new technical environments, security requirements, changes in law, further development of the learning content), at no additional cost and with clear information. If a change impairs access or usability more than insignificantly, we inform the consumer in good time in advance on a durable medium; the consumer may then terminate the contract free of charge within 30 days under § 327r(3) and (4) BGB. For businesses, the statutory provisions apply.

§ 9 Availability

We strive to keep the app available with as few interruptions as possible. Temporary restrictions may result in particular from maintenance, security updates, disruptions at hosting, database or payment providers and from circumstances beyond our control (e.g. internet disruptions, force majeure). Where possible, planned maintenance takes place at times of low usage. Many practice functions are also available offline; changes are synchronised when the connection is restored. We do not promise consumers any particular availability level. The customer’s statutory rights in the event of defects remain unaffected.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given. In the event of a slightly negligent breach of an essential contractual obligation – an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely – our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

These limitations also apply in favour of our legal representatives, employees and vicarious agents. Consumers’ rights in the event of defects of digital products under §§ 327 et seq. BGB remain unaffected. We do not owe any particular learning success; the app supplements lessons but does not replace them. We are liable for loss of data in accordance with the above rules; liability for slight negligence is not excluded entirely but limited to breaches of essential contractual obligations and to the foreseeable damage typical for the contract.

§ 11 Changes to the GTC and prices

We do not reserve a right to change prices unilaterally. We announce changes to these GTC or the prices in text form (e.g. by e-mail) at least six weeks before they take effect. They only take effect if the customer expressly consents to them.

If the customer does not consent, the contract continues on the previous terms until the end of the current billing period and then ends.

§ 12 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). Please send questions and complaints to info@slt.de.

§ 13 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. The statutory places of jurisdiction apply.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected; the statutory provisions replace the invalid provision (§ 306 BGB). The German version is authoritative.