TERMS OF SERVICE
The HeKu IT GmbH, located at Dieselstraße 10, 85748 Garching, Germany, registered at the Munich District Court under the number HRB 181124, with VAT identification number DE 266 802 983 (hereinafter referred to as “HeKu” or “we”), offers, among other services, the READING TRAINER / SPEED READING (hereinafter referred to as the “READING TRAINER”). These terms of use serve as the basis for the contractual relationship between HeKu and the customer regarding the use of the READING TRAINER:
1. General information and scope of the general terms of use
1.1 HeKu offers services for increasing reading speed and memory capacity with the READING TRAINER. This service is provided on https://readingtrainer.com as well as through mobile applications (“apps”) and other internet platforms. The offer is aimed at persons who have reached the age of 16. See also section 3.3 for further information.
1.2 The READING TRAINER service is only intended for consumers. Consumers are any natural persons who conclude a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. These terms of use apply to all contractual relationships between HeKu and customers (“you”), regardless of whether an order for the service is placed online, by email, or through an app, and apply in their valid version at the time of contract conclusion.
2. Free and paid services
2.1 HeKu grants you access to the offered learning software READING TRAINER as software as a service, as well as to the corresponding websites, platforms, applications, and the respective training units and functions, depending on the respective order. HeKu may provide the READING TRAINER free of charge with limited functionality or for a fee with certain agreed functions as a paid service. The paid services are displayed as PREMIUM services.
2.2 In accordance with applicable law, HeKu may at any time realize new versions (both updates and upgrades) of the paid services, which also affect the design, operation, technical specifications, systems, and other functionalities of the READING TRAINER. This is particularly the case in situations that are necessary to maintain contractual compliance or due to compelling technical, economic, or legal reasons.
2.3 Free services do not establish a guarantee for (future) product characteristics of the paid services of the READING TRAINER, and subject to the provisions in section 8, HeKu has no warranty, compensation, maintenance or support obligations, or availability obligations for free services.
2.4 In the case of using the READING TRAINER as a free service, HeKu reserves the right to display advertising information from other companies on the usage platform.
2.5 The READING TRAINER services include paid and free services for you. The respective services are marked accordingly. HeKu reserves the right to reduce, restrict, revoke, terminate, or otherwise change free services or those offered at reduced fees, for example for a test period at HeKu’s discretion, at any time and without prior notice to you. Therefore, free, or reduced-cost services may be changed to paid services at any time.
2.6 Once you want to use paid services, such as the PREMIUM services, of READING TRAINER, you will be notified separately. Confirmation of the paid content is made explicit as part of a purchase process in the Google Play Store, Apple App Store, Amazon App Store, or other platforms. HeKu is entitled to commission subcontractors and external software suppliers to fulfill its contractual obligations in accordance with the order.
2.7 The ordering process for a PREMIUM service typically includes the following steps: selecting an option, reviewing, and correcting the selection, reading, and accepting the applicable terms of use, agreeing to these terms, and placing the order by clicking an order button.
3. User account
3.1 Currently, registration for testing purposes of the READING TRAINER services is not required.
3.2 To use additional free or paid services of the READING TRAINER, you must create a user account. HeKu provides you with an online registration form, after which, by using a password and accepting the current terms of use, you can use the desired services. Optionally, you can also use the single sign-on (SSO) procedure to register with a service such as Facebook, Google, Amazon, or Apple. You will then receive a confirmation email from READING TRAINER to complete the registration and activate your user account.
3.3 By creating the user account, you confirm that you are at least 16 years old and legally able to enter into binding contracts. If you are considered a minor under applicable law, you may only create a user account and place an order if you are at least fourteen (14) years old and your legal representatives have given written consent. HeKu may ask you to provide proof of your identity, legal age, and the consent of your legal representatives at any time.
3.4 Furthermore, you declare that you are setting up a user account only for yourself and that all information provided by you is accurate, correct, and complete.
4. Usage rights
4.1 HeKu grants you a simple, non-transferable, non-sublicensable, worldwide right to use the services and training materials of the READING TRAINER solely for private and non-commercial purposes during the authorized use of the services.
4.2 All copyright usage rights to the materials, including all content, texts, images, software, audio and video files, and documentation, are owned by HeKu.
4.3 Without the prior express written consent of HeKu, you may not publicly reproduce, in particular, make available on the internet, broadcast, distribute, sell, rent, modify, sublicense, transfer, publish, reproduce for non-private purposes, or otherwise exploit the materials or other copyright-protected content and works in a legally impermissible manner, unless expressly permitted by functions integrated into the READING TRAINER.
5. User obligations
5.1 You must keep your personal information in your user account up-to-date and accurate.
5.2 You are obligated to keep your access data secret by not disclose it to third parties. In case of suspected unauthorized use of your user account or password, you must inform HeKu immediately.
5.3 You are also responsible for providing and maintaining, at your own expense, the technical equipment, and related services (such as software and internet connections) required for using the READING TRAINER.
5.4 In case of suspected violations of the terms of use, HeKu may take appropriate measures without prior notice and without being liable. This includes blocking or terminating your access to the services of the READING TRAINER.
5.5 You are liable, subject to the provisions of section 11, for any losses and damages incurred by HeKu due to your intentional or negligent disclosure of your access data to a third party or if it has become known to an unauthorized party in any other way.
6. Maintenance, support, and availability for paid services
6.1 With regard to the paid use of the READING TRAINER (subject to payment of the fees), HeKu provides the necessary maintenance and support services. HeKu undertakes to rectify malfunctions (“bugs”) and provide updates and upgrades at its own discretion. The READING TRAINER support will respond to your support requests in a timely manner and assist with error detection and problem resolution. HeKu will make every reasonable effort, provided that you have provided a detailed description of the malfunction and its reproducibility, and this is done in consideration of the priority of the malfunction established by HeKu at its own discretion. You can report malfunctions via email to support@readingtrainer.com.
7. Fees and payment terms
7.1 When ordering a paid service, you are obligated to pay the agreed fees to HeKu using the available payment methods. Paid services will only be activated after receipt of payment.
7.2 The fees displayed at the time of purchase apply. If you use services with automatically renewing terms, HeKu will announce any higher fees at least 60 days before the respective term expires.
7.3 If your payment is not received by HeKu within 14 days after the due date, HeKu reserves the right to block your access to the paid services. In this case, you will receive a notification by email to the email address you provided during registration.
8. Duration and termination
8.1 The term of the paid services of READING TRAINER begins with the notification that access to the services you have booked has been granted.
8.2 Registered users can continue to use their free services indefinitely, subject to the provisions of section 2.3. Both you and HeKu can terminate the free usage agreement at any time with immediate effect. You can delete your user account by accessing https://readingtrainer.com and selecting “Profile & Settings” / “Settings” from the menu.
8.3 Paid subscriptions run for at least the originally selected duration. Thereafter, the paid services will automatically renew for renewal periods of the same duration, unless terminated by you or HeKu. The user can terminate the paid services without stating reasons, but subject to the technical possibilities, either at the end of the minimum usage period booked in the registration process or at the end of a renewal period. You can terminate as follows:
• Paid subscriptions purchased through our website can be terminated by selecting “Profile & Settings” / “Settings” after successful login. No refund will be granted for already booked premium periods in case of termination before the end of the booked period.
• Paid subscriptions purchased through an app (Google Playstore, Apple App Store, Amazon App Store) can be terminated directly in your iTunes or Google Play account in accordance with the respective requirements.
8.4 The right to block and terminate for good cause remains unaffected by the preceding provisions.
9. Ownership rights and user data
9.1 HeKu retains ownership of all property rights, including all copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and technical solutions in and to the services provided, including but not limited to educational content and teaching methods. You acknowledge that the rights granted to you after placing an order are not associated with the grant and/or transfer of ownership rights to the services.
9.2 You retain all rights to your user data and all content, as well as to data based on or derived from your user data or content. You grant HeKu a simple, non-transferable, sub-licensable right (right of use), unlimited in terms of space and content, to use your user data and content exclusively in connection with the provision of the Services. HeKu is not responsible for your user data and content.
10. Data protection
10.1 Your use of our services and the processing of your personal data are subject to our privacy policy agreement.
11. Liability limitation
11.1 HeKu shall be fully liable for any damages resulting from injury to life, body, or health. In cases of impossibility and default, as well as for the breach of material contractual obligations, HeKu shall also be liable for slight negligence but limited to the typical, foreseeable damages. Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you can rely on and trust regularly. Typical, foreseeable damages are those that fall under the protection of the respective violated contractual or legal norms. In all other cases, HeKu shall not be liable for slight negligence.
11.2 he above-mentioned liability limitations also apply to the organs and agents of HeKu.
11.3 HeKu shall be liable for data losses only up to an amount that covers the typical costs of recovery that would have arisen if you had made proper and regular data backups.
12. Right of withdrawal
Consumers have the following right of withdrawal:
CANCELLATION POLICY:
You have the right to withdraw from this contract within 14 days from the date of the conclusion of the contract without giving any reason.
To exercise your right of withdrawal, you must inform us (HeKu IT GmbH, Dieselstraße 10, 85748 Garching, support@readingtrainer.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the sample withdrawal form available here for this purpose.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
For additional information regarding the scope, content, and explanations of the exercise, please contact our customer service.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the service begins during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
13. Final clauses
13.1 HeKu reserves the right to change these terms of use at any time without giving reasons, unless such a change is not reasonable for the user. HeKu will notify the user of changes to the terms of use in a timely manner.
13.2 If individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected.
13.3 The place of performance is the registered office of HeKu.
13.4 German law shall apply, excluding international private law and the UN Convention on Contracts for the International Sale of Goods adopted into German law.
Effective Date: April 20, 2023