1. Introduction

Thank you for choosing Wakaritai ("we," "us," "our") provided by Atlas3 GmbH, an Austrian company, to provide you ("you," "your," "user") with online learning services. Our services include various courses and content designed to facilitate learning across a wide range of subjects, available via applications for mobile, tablet, and other devices (“Apps”) and through our website (“Website”) (collectively, the “Services”).

By accessing or using our Services, you confirm that you have read, understood, and agree to comply with these Terms of Use (“Terms”). These Terms also incorporate our Privacy Policy. If you do not agree with these Terms, you should not use our Services. We reserve the right to update these Terms, and any changes will be posted on this page with the updated date. Continued use of the Services after changes are made constitutes acceptance of the revised Terms.

We recommend that you save or print a copy of these Terms for future reference.

By using our Services, you confirm that:

• You are at least 13 years old.
• Your use of the Services does not violate any applicable laws or regulations in your country of residence.

2. Registration for Services

To use our Services, you must create an account (“Account”) by either:

• Providing a valid email address, username, and password, or
• Registering through an available third-party service such as Google or Apple.

You are responsible for keeping your login details confidential and are liable for all activities under your Account. You must immediately notify us of any unauthorized use or suspected breach of security.

3. Privacy Policy

We respect your privacy and handle personal data in accordance with our Privacy Policy. By using the Services, you agree to the collection and processing of your personal data as outlined in our Privacy Policy. You are solely responsible for any personal information shared publicly through your user profile.

4. Content and License

All content available through our Services, including text, videos, software, and designs (“Our Content”), is owned by or licensed to us. You are granted a limited, non-transferable, non-exclusive, and revocable license to use Our Content for personal, non-commercial purposes. You agree not to:

• Copy, distribute, or modify Our Content.
• Create derivative works based on Our Content, except as explicitly authorized by us.

5. User Conduct

You agree to use the Services lawfully and respectfully. You may not:

• Post or transmit harmful, offensive, or illegal content.
• Introduce malicious software such as viruses or malware.
• Attempt unauthorized access to the Services or our servers.
• Engage in activities that disrupt the Services for others.

Violation of this clause may result in the suspension or termination of your Account.

6. Subscription and Fees

Access to advanced content is available via a monthly subscription plan (“Subscription”). The Subscription fee is clearly displayed during sign-up and is charged monthly in advance. By subscribing, you agree to the following terms:

• Auto-Renewal: Your Subscription will automatically renew each month unless canceled. The renewal charge will be processed 24 hours before the next billing cycle.
• Cancellation: You can cancel your Subscription at any time via your account settings. Cancellation will take effect at the end of the current billing cycle, and no refunds will be issued for partial months.
• Price Changes: We reserve the right to update subscription fees. Existing subscribers will be notified of any price changes at least 30 days in advance. Continuing your Subscription after such changes constitutes acceptance.

7. Right of Withdrawal

As per Austrian consumer protection laws, you have the right to withdraw from your Subscription agreement within 14 days of purchase without providing a reason. To exercise this right, you must notify us in writing (e.g., via email) before the withdrawal period expires. Upon withdrawal, any payments made will be refunded within 14 days using the original payment method.

If you access premium content during the withdrawal period, you may be charged a proportional amount for the services used.

8. Termination

We may terminate or suspend your access to the Services if you violate these Terms or applicable laws. Termination does not affect any rights or obligations accrued prior to termination.

9. Liability

Our liability is limited to the extent permitted by Austrian law. We are not liable for any indirect or consequential damages resulting from the use of our Services.

10. Governing Law

These Terms are governed by the laws of Austria. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Austria.

11. Contact Us

If you have any questions or concerns about these Terms, please contact us via email [email protected]

12. Deleting Your Account

You may close your account and stop using our Services at any time by selecting the ‘delete profile’ option in your Profile settings. Once your account is deleted, your License will be revoked, and access to your Profile will be permanently disabled. We will erase all the personal information stored in your Profile, except for data required to be retained under Austrian regulations, such as tax or financial records. Please note that, for reasons beyond our control, it might take some time for your personal data to be completely removed from third-party platforms like search engines (e.g., Google). We accept no responsibility for such delays. You also acknowledge that certain content you shared may remain accessible even after your account is closed, and that the User Content License will still apply. If you have a subscription active at the time of deletion, no refunds will be provided for unused subscription periods.

13. Termination of Your Account by Us

We reserve the right to modify, suspend, or permanently remove your account and revoke access to our Services if you are found in violation of these Terms. Upon termination, your License will automatically be invalidated, and we may erase all data related to your Profile, including your User Content. Due to external factors beyond our control, personal data removal from search engines may not be immediate, and we disclaim responsibility for such delays. Please be aware that certain User Content may still remain accessible following the account termination, and the associated License will remain in effect. Refunds for any unused subscription time will not be issued if your account is terminated.

14. No Representations or Warranties

We do not guarantee uninterrupted, error-free access to our Services or that they will always be free of bugs, viruses, or other harmful elements. You are solely responsible for ensuring your devices and systems are protected with appropriate security measures. Our Services may be unavailable during periods of maintenance, high demand, or unforeseen issues outside our control.

The Services are offered “as is,” and you accept full responsibility for using them at your own discretion and risk. To the fullest extent permitted under Austrian law, we disclaim all express and implied warranties, including any guarantee of suitability for a specific purpose. We are not liable for the accuracy of any content, including Our Content and User Content, or any reliance you place on it. Content provided through our Services is for informational purposes only and not meant as professional advice.

15. Limitation of Liability

To the extent permitted by Austrian law, neither we nor our employees, agents, or partners shall be held liable for indirect, incidental, or consequential damages arising from your use of the Services. Our maximum liability is limited to the amount you have paid for Services in the 12 months prior to any claim. If you use the Services for free, we accept no liability whatsoever. This limitation does not apply in cases of death, personal injury caused by negligence, or fraud.

Any disputes arising between users must be resolved independently, and you release us from all claims connected to such conflicts.

16. Indemnity

You agree to compensate us, including our employees, agents, and affiliates, for any loss, damages, or expenses (including reasonable legal costs) arising from your User Content, your use of the Services, any breach of these Terms, or any violation of another person's rights.

17. General Information

These Terms, along with any disputes related to them, are governed by Austrian law. The courts of Innsbruck, Austria, shall have exclusive jurisdiction over such disputes. No third party, except our licensors, has any rights under these Terms.

These Terms represent the entire agreement between you and us, overriding any prior discussions, agreements, or understandings. Should any provision be deemed unenforceable, the remaining provisions shall remain valid and enforceable.

You can send any official correspondence to our email [email protected]. We will consider your communication received at 9:00 a.m. the following business day.

18. Questions

If you have questions about these Terms, please reach out to us via email using one of the following subjects:

• Questions about Terms: For inquiries related to the Terms.
• Violations of Terms: To report any suspected violations.
• Copyright Notification: For reporting copyright-related issues.