1. Scope

These Terms of Use govern the contractual relationship between acemate and the user.

2. Registration

2.1 To use the services of acemate, registration is necessary. Registration is completed by entering the user's email address and confirming the registration via the confirmation email sent to the provided email account. By registering, the user creates a user account ("Account"). Only adults who are fully legally competent may register. The data provided during registration must be truthful. The use of a pseudonym is permitted.

2.2 acemate is an AI learning platform that allows users to generate learning material from their uploaded documents, interact with their learning material, and share/access shared learning materials from the community of other users. Users must ensure they have the right to upload the files and are responsible for ensuring the intellectual property rights to do so. acemate does not take any responsibility for this.

2.3 Users are not allowed to create a new account if acemate has blocked their account.

2.4 acemate reserves the right to remove usernames and profile pictures if acemate deems it necessary to protect the rights of third parties (for example, if a trademark owner files a complaint about a username that does not correspond to the user's real name).

3. Services of acemate

3.1 Users can join subject/topic-related groups via the platform and communicate with other users within these groups.

3.2 Users can also join various topic-related courses via the platform, where they can upload their self-created learning materials and lecture notes ("Materials"), share them with other users, view and manage/archive foreign learning materials.

3.3 Users have the opportunity to interact with and generate learning materials from their uploaded documents. They can also access shared learning materials from the community of other users.

4. Use of the Platform

4.1 The respective users who disseminate the content are responsible for the content of the groups and courses. acemate only provides the technical platform for its users to interact with each other. acemate does not influence the content of its users unless legally required. acemate is not obliged to check contributions or direct messages for legal violations before publication.

4.2 Users may use the content shared on acemate exclusively for private study and learning purposes.

4.3 The use of the platform is free of charge.

5. User Obligations

5.1 Users ensure that all content uploaded, posted, and sent by them complies with the legal requirements of the Criminal Code, youth protection, data protection, and industrial property rights and respects the personal rights of third parties. Users may not post content or set links to websites that infringe the rights of another person or the law.

5.2 Content, except direct messages, that does not meet these requirements can be reported by other users via the "Report" button or by email to acemate. If content is reported via the "Report" button or email, acemate will review the reported content and may remove it. acemate will not initially act on content but will remove it if acemate becomes aware of it. No claim to review content by acemate can be derived from this. Users can set preferences for receiving direct messages and block chats from other users.

5.3 Users indemnify acemate from all actual and alleged claims of third parties, including the costs of legal action/defense, which are based on actions or omissions of the users, particularly claims based on a culpable, unlawful, or abusive use of the platform or non-compliance with applicable regulations or a violation of third-party rights by the users or with their approval. Users must inform acemate immediately if such a violation threatens.

5.4 Users may only use the platform with the following restrictions:

• They may not post or send any advertisements via direct message.
• They may not access content or information from other users using automated mechanisms (such as bots, robots, spiders, or scrapers).
• They may not upload or send viruses or other malicious code.
• They may not solicit login information or access an account that belongs to someone else.
• They may not insult, intimidate, or harass other users.
• They may not post or send content that contains hate speech, is threatening or pornographic, incites violence, or contains depictions of nudity or violence.
• They may not use the platform for illegal, misleading, malicious, or discriminatory actions.
• They may not do anything that could block, overburden, or impair the proper functioning or appearance of the platform, such as denial-of-service attacks or disrupt features of the platform.

5.5 In particular, free text fields should not be filled with personal data, as this will never be required for direct messages and is not intended by acemate.

If the above requirements are not met and acemate becomes aware of this, for example through the report function by other users or by receiving a corresponding email, acemate is entitled to remove the content without prior notification to the affected users. Furthermore, acemate is entitled to block or delete the user's account without prior notification.

6. Reporting System and Moderation of Content

6.1 In accordance with its legal obligations, acemate has implemented an electronic reporting and complaint procedure to review potentially illegal content published by third parties on the platform operated by acemate.

6.2 If, after reviewing a report, it is found that the reported content does not comply with applicable legal requirements and/or violates the provisions of these general terms and conditions, acemate reserves the right to block, remove, or otherwise restrict access to the reported content ("Moderation Measure"). The same applies to content that acemate classifies as illegal and/or contrary to the general terms and conditions due to a voluntary investigation and review. However, acemate is not obliged to generally review the provided content.

6.3 Partially automated means may be used to moderate content on our platform. For this purpose, we reserve the right to engage the service provider TrollHunter. This service provider allows us to compare user-uploaded content with possible rights, particularly copyrights.

6.4 acemate reserves the right to suspend the processing of a report if, after careful examination of all circumstances, it is evident that the reporting person is engaging in abusive behavior. Such abuse exists in particular if the reporting person repeatedly uses the report function for a large number of cases and the review by acemate reveals that there is no justified reason for the report. acemate will inform the reporting person, if technically possible, about the suspension of processing.

7. Complaint Procedure after Moderation Decision

7.1 If the affected person or entity disagrees with a decision made based on a report submitted via the established report function, they generally have the opportunity to file a complaint through acemate's established internal complaint management procedure. The same applies to moderation measures that were taken due to a voluntary review of the provided content.

7.2 Access to the complaint procedure is available to persons and entities ("Complainants") who have reported allegedly illegal content, but no moderation measures were taken by acemate. Access is also available in cases where the complainant is directly affected by a specific moderation measure, such as the temporary removal of published content.

7.3 The possibility of filing an internal complaint is available to the affected parties for a period of six months after acemate's decision on the reported content.

7.4 acemate reserves the right to suspend the processing of a complaint if, after careful examination of all circumstances, it is evident that the complaint is being filed abusively by the complainant. Such abuse exists in particular if the complainant repeatedly raises the complaint for a large number of cases, and the review by acemate reveals that there is no justified reason for the complaint. acemate will inform the complainant, if technically possible, about the suspension of processing.

8. Intellectual Property Rights

8.1 Users may only upload materials they have created themselves or for which they have been explicitly authorized to upload by the rights holder.

8.2 By uploading materials, users grant acemate a transferable, non-exclusive right to use the respective content. These usage rights are neither limited in time nor space. acemate is entitled to reproduce, distribute, and offer these contents to other users. The right also includes publication. acemate is entitled to edit the uploaded materials to the extent necessary for presentation and provision on the platform. acemate is entitled to convert the content into other formats and to watermark and/or logo the uploaded materials to prevent reproduction or other misuse.

8.3 acemate may remove individual or all contents uploaded by users and individual or all links set by users without giving reasons. This cannot be interpreted as acemate reviewing the uploaded content or set links.

8.4 If users infringe the intellectual property rights of others, acemate has the right to block their account.

9. Limitation of Liability

9.1 acemate is only liable for damages where the cause of the damage is based on an intentional or grossly negligent breach of duty by acemate or one of its legal representatives or vicarious agents. Furthermore, acemate is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the contract's purpose, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user regularly trusts.

9.2 acemate is not liable for the slightly negligent violation of other than the above-mentioned obligations.

9.3 The above limitations of liability do not apply in cases of intent, injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.

9.4 The above limitations of liability do not affect the burden of proof.

10. Termination

10.1 The contractual relationship can be terminated by either party at any time with immediate effect. Users can terminate the contractual relationship without prior notice.

10.2 Termination towards acemate can be sent by email to [email protected] at any time.

10.3 The termination can be carried out via the "Delete Account" button, which can be found under settings.

11. Amendment of these Terms and Conditions

11.1 acemate reserves the right to make reasonable changes to these terms of use, insofar as they are reasonable for the users. acemate will inform its users of changes by email or by publishing them on the website. If users do not object to the new terms of use within one month after notification and continue to use acemate's services, the changes are deemed accepted. acemate will specifically point out this consequence in the notification. The date of dispatch of the objection is decisive for its timeliness.

11.2 acemate reserves the right to change the terms of use in the following cases:

• if the change is solely beneficial to the users;
• if the change is purely technical or procedural, unless it has significant impacts on the users;
• to the extent that acemate is obliged to bring the terms of use into compliance with applicable law, particularly if the relevant laws or their interpretation by courts change;
• if acemate introduces additional, entirely new services, features, or service elements that require a service description in the terms of use, unless the change is disadvantageous to the users.

12. Governing Law

Exclusively the law of the Federal Republic of Germany applies, provided this does not restrict mandatory legal provisions of the state in which the user has his/her residence or habitual abode.

13. Use of Google Gemini LLMs

13.1 acemate uses language models from Google (Gemini) within its application to provide various services, including but not limited to, text generation, translation, and analysis.

13.2 By using acemate's services, you acknowledge and agree that Google may process your data as part of providing these services.

13.3 For more information on how Google processes data, please refer to Google's privacy policy.

14. Contact Information

For any questions or issues regarding these terms of use, please contact us at [email protected].