Terms of use

This is a translation of the German text. The German text is the binding one. The WieGesagt app itself is in German.

When you use WieGesagt (“service”), these terms of use (“terms”) apply between you and me. If you do not agree to them, please do not use the service.

In what follows, “you” refers to you as the user, and “I”, “me” or “my” refers to me as the provider of WieGesagt.

WieGesagt is a language learning platform that lets you:

• upload audio files and listen to them with synchronised subtitles, which you generate in the app or upload yourself
• translate words and build personal word lists
• practise pronunciation with AI-assisted feedback
• derive exercises from your saved words, such as flashcards, article quizzes, plural forms, conjugation and more
• do writing exercises such as dictation based on your audio content
• use a browser extension to look up words directly on the web
• follow your learning progress and detailed statistics

I may change, suspend or discontinue the service at any time, with or without prior notice.

3.1  Creating an account

You need an account for certain features. Please keep the following in mind:

• give accurate, current and complete information
• keep your information up to date
• keep your password safe
• report unauthorised access to me as soon as possible
• you are responsible for all activity that takes place through your account

3.2  Minimum age

You must be at least 14 years old to use the service. If you are between 14 and 18, you need the consent of your parents or guardians.

3.3  Account suspension

In the event of breaches of these terms, unlawful activity or misuse of the service, I may suspend or close your account at any time.

4.1  Your content

You keep all ownership rights in the content you upload (“user content”), that is, the audio files. By uploading it, you grant me a limited, non-exclusive, worldwide licence to:

• store and process your content in order to provide the service
• show your content to you within the platform
• make technical copies for backup and processing purposes

This licence ends as soon as you delete your content or your account.

4.2  Content restrictions

You may not upload content that:

• infringes copyright, trade mark rights or other intellectual property rights
• contains illegal material or incites illegal activity
• is hateful, discriminatory or harassing
• contains viruses, malware or harmful code
• violates privacy or breaks applicable law

4.3  Copyright notice

I respect intellectual property rights. If you believe that a work of yours protected by copyright has been uploaded without permission, contact [email protected] and include the following:

• the name of the work protected by copyright
• where the infringing material can be found
• your contact details
• a statement in good faith that the use is unauthorised
• a declaration in lieu of an oath that the information is correct

I respond to valid notices by removing the infringing material or blocking access to it.

4.4  File sizes and format limits

User content must keep within the following limits:

• a maximum of 2 GB per audio file (MP3, WAV, AAC)
• 5 GB of storage in total per account
• 12 hours of automatic transcription per month

Please do not:

• use the service for illegal purposes or in breach of any law
• try to gain unauthorised access to my systems or to other people's accounts
• disrupt or interfere with the service or the servers
• use automated scripts, bots or scrapers without permission
• decompile or disassemble any part of the service
• sell or rent your account, or transfer it to third parties
• pretend to be another person or organisation
• collect personal data of other users
• create accounts in bulk, for example to get around limits or to misuse the service

The service, including all software, texts, graphics, logos and other content provided by WieGesagt, is protected by copyright, trade mark rights and other intellectual property rights.

I grant you a limited, non-exclusive and non-transferable licence to use the service, for private and business purposes alike.

“WieGesagt” and the associated logos belong to me. Please do not use them without my prior consent.

Your privacy matters to me. Please read my privacy policy to find out how I collect, use and protect your personal data.

The privacy policy describes the legal basis on which each kind of processing rests, whether a contract, legitimate interest or your consent.

8.1  Service “as is”

To the extent permitted by law, the service is provided “as is” and “as available”, without any express or implied warranties, in particular none of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.

8.2  No guarantee of success

I do not guarantee that using WieGesagt will lead to fluency or to particular learning results. Your success depends on many factors, in particular on your effort and your perseverance.

8.3  Limitation of liability

To the extent permitted by law, I am not liable for indirect, incidental, special, consequential or punitive damages, for loss of profits or loss of revenue, whether direct or indirect, or for loss of data, use, goodwill or other intangible assets.

As the service is free, the maximum amount of liability is €0. In cases of intent or gross negligence, liability remains as the law provides.

8.4  Availability of the service

I do not warrant uninterrupted or error-free operation. There may be downtime due to maintenance, updates or technical problems.

If a third party makes claims against me because you have breached these terms or their rights, for example by uploading content protected by copyright without permission, you bear the necessary and reasonable costs arising from this.

For this to work, I will inform you of such claims in good time and give you the opportunity to defend yourself.

10.1  Applicable law

These terms are governed by the law of the Republic of Austria, without regard to the principles of conflict of laws. Mandatory consumer protection rules of your country of residence remain unaffected.

10.2  Dispute resolution

Disputes arising from these terms or the service are resolved as follows:

1. Out-of-court settlement: contact [email protected] so that you and I can look for a solution.
2. Court proceedings: as a last step, any remaining disputes can be decided in court.

10.3  Place of jurisdiction

The place of jurisdiction for all disputes arising from these terms is Vienna, Austria. For consumers, the statutory place of jurisdiction applies, which is usually the court of their place of residence.

11.1  Termination by you

You can delete your account in the settings or stop using the service at any time, without giving reasons and without a notice period.

11.2  Termination by me

I may end or suspend your access to the service if you breach these terms.

11.3  Provisions that continue to apply

On termination, your right to use the service ends with immediate effect. Provisions that by their nature are meant to continue to apply after termination remain in force, in particular the provisions on ownership, the exclusions of warranty, the indemnity and the limitations of liability.

I may adjust these terms. I will inform you of significant changes by:

• publishing the updated version with a new “Last updated” date
• showing a clearly visible notice in the service
• possibly also sending an email in the case of particularly far-reaching changes

Significant changes take effect only once you have actively agreed to them, for example through a notice when you next log in. For purely editorial changes or changes required by law, your continued use is enough.

13.1  Entire agreement

These terms, together with my privacy policy, form the entire agreement between you and WieGesagt regarding the service.

13.2  Severability

If any provision of these terms is invalid, the remaining provisions stay in force in full.

13.3  No waiver

If I do not enforce a right under these terms on one occasion, this does not count as a waiver of that right.

13.4  Assignment

You may not assign or transfer these terms without my consent. I may transfer these terms to a legal successor as part of a transfer of the whole service (for example through a sale, merger or succession). I will inform you of such cases in good time.

If you have any questions about these terms, write to [email protected].