Terms of Service

1. Scope and Provider

These General Terms and Conditions (the “Terms”) govern the contractual relationship between Loistava Holding UG (haftungsbeschränkt) (hereinafter “Provider” or “we”) and the user (hereinafter “User” or “you”) regarding the use of the “Talentists Tutor” service.

2. Service Description

Talentists Tutor is an AI-assisted at-home tutoring service designed to complement printed workbooks. The User acknowledges that hints, explanations, and feedback are generated by Artificial Intelligence. The Provider does not guarantee the factual accuracy of the AI’s output nor does it guarantee specific academic outcomes (e.g., improved grades or test scores).

3. Registration and Account

3.1. The use of the service requires the creation of a user account by a parent or legal guardian.

3.2. You must provide truthful and complete information during registration, and you confirm that you are the parent or legal guardian of any child for whom the service is used.

4. Use by Minors

The service is designed for use by children under the supervision and with the consent of a parent or legal guardian. The contracting party is the parent or legal guardian, who is responsible for the child’s use of the service in accordance with these Terms.

5. Intellectual Property & User Content

5.1. User Content: You (and the child) retain ownership of the data you input (answers, written work, voice or text entered during a tutoring session).

5.2. License: By using the service, you grant the Provider a non-exclusive right to use this content solely for the purpose of providing the service (e.g., processing it through the AI model to produce hints, explanations, and the weekly parent summary).

5.3. AI Output: The Provider grants the User a non-exclusive, worldwide, perpetual right to use the generated tutoring feedback for personal, non-commercial purposes.

5.4. Training: We do not use children’s content data to train third-party AI models.

6. Prices and Payment

During the beta period, the service is provided free of charge. Additional premium features and subscription pricing may be available in the future, which will be clearly communicated before purchase.

7. Liability

7.1. The Provider is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for damages resulting from injury to life, body, or health.

7.2. In cases of slight negligence (leichte Fahrlässigkeit), the Provider is only liable for breaches of “Cardinal Duties” (essential contractual obligations which enable the proper execution of the contract and on which the User relies). In such cases, liability is limited to typical, foreseeable damages.

7.3. Any further liability is excluded. This limitation also applies to the personal liability of employees, representatives, and vicarious agents.

7.4. The Provider is not liable for the accuracy of the AI-generated content.

8. Data Protection

The processing of personal data is governed by our Privacy Policy (Datenschutzerklärung).

9. Final Provisions

9.1. Governing Law: The laws of the Federal Republic of Germany apply. The UN Sales Convention (CISG) is excluded.

9.2. Place of Jurisdiction: If the User is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction is the Provider’s registered office (Berlin).

9.3. Severability: Should individual provisions of these Terms be invalid, this shall not affect the validity of the remaining provisions.