Terms of Service for SwiftStudy

1. Who provides SwiftStudy

Flashcards by SwiftStudy (the “App”) and the website swiftstudyapp.com (together, the “Service”) are provided by KD incubator UG (Haftungsbeschränkt), Schonensche Str. 13, 10439 Berlin, Germany (“we”, “us”, “our”). These Terms of Service (the “Terms”) govern your use of the App and the website.

2. Acceptance of these Terms

By downloading, installing, or using the App, or by using the website, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of someone else, you confirm that you have the authority to accept these Terms on their behalf. If you do not agree with these Terms, please do not use the Service.

3. What SwiftStudy does

SwiftStudy is a flashcards app for memorization and self-testing. You can create double-sided flashcards containing text and images, organize them into stacks, study them, and track your progress through mastery levels and streaks. Your cards can optionally sync across your devices via your personal iCloud account.

Features may change over time. Some features may require compatible devices, a current iOS version, an internet connection, or iCloud to be enabled.

4. Eligibility

You may only use the Service if you can legally accept these Terms. The App is not intended for children under 13. If you are a minor, you may only use the Service with the consent of a parent or legal guardian.

5. Your content and your responsibilities

You retain full ownership of the flashcards and other content you create in the App. Your content is stored locally on your device and, if you enable iCloud sync, in your personal iCloud account. We do not have access to your flashcards.

You are responsible for the accuracy and legality of the content you create, for keeping backups of information that is important to you, and for the security of your devices and Apple account.

6. Acceptable use

You agree not to: use the Service for any illegal purpose; interfere with or disrupt the Service or the systems that provide it; reverse engineer, decompile, or attempt to extract the source code of the App except where permitted by law; remove copyright or other proprietary notices; resell, rent, or redistribute the Service; or misrepresent your affiliation with us.

7. No professional advice

SwiftStudy is a study tool. The content of your flashcards is created by you, and the App does not verify it. The Service does not provide educational, medical, legal, financial, or other professional advice, and we make no guarantee about learning outcomes or exam results.

8. Purchases and tips

The App is free to download. It may offer optional in-app purchases — such as voluntary tips — and may in the future offer paid features or subscriptions. All purchases are processed by Apple through the App Store; we do not receive or store your payment details. Any subscriptions would renew automatically unless cancelled at least 24 hours before the end of the current period, and can be managed in your App Store account settings.

Refunds are handled by Apple in accordance with the App Store terms.

9. Apple App Store terms

The App is distributed through Apple’s App Store, and Apple’s terms and conditions also apply to your download and use of the App. These Terms are an agreement between you and us, not with Apple. Apple has no obligation to provide maintenance or support for the App and is not responsible for the App except where required by law.

10. Intellectual property

The App, its design, interface, graphics, and related materials are owned by us or our licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes. This license does not include any rights to our trademarks or branding.

11. Third-party services

The Service relies on third-party services such as Apple (distribution, payments, iCloud/CloudKit sync) and analytics providers. We are not responsible for outages, changes, or security incidents caused by third-party services. Their own terms and privacy policies apply to their services.

12. Availability, changes, and support

We work hard on SwiftStudy, but we cannot guarantee that the Service will always be available, secure, error-free, or compatible with every device. We may release updates, change system requirements, add or remove features, or stop supporting older versions of the App at any time.

13. Warranty disclaimer

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Mandatory statutory consumer rights remain unaffected.

14. Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential damages, loss of data, or loss of profits arising from your use of the Service.

Under German law, nothing in these Terms limits our liability for intent or gross negligence, for injury to life, body, or health, or for the breach of material contractual obligations (Kardinalpflichten); in the latter case our liability is limited to the foreseeable damage typical for this type of contract.

15. Indemnity

You agree to indemnify and hold us harmless from claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms, your violation of applicable law, or your infringement of third-party rights.

16. Termination

You can stop using the Service at any time by deleting the App. We may suspend or terminate your access to the Service if you violate these Terms, misuse the Service, or if we discontinue the Service. Deleting the App does not automatically cancel any App Store subscription — manage subscriptions in your App Store account settings.

17. Privacy

Our Privacy Policy describes how we handle your data and forms part of these Terms. Please review it at swiftstudyapp.com/privacy-policy.

18. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date. If you continue to use the Service after changes take effect, this constitutes your acceptance of the updated Terms.

19. Governing law and consumer rights

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer protection provisions of the country in which you habitually reside remain unaffected.

20. Dispute resolution

If you have a problem, please contact us first — most issues can be resolved informally. The European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

21. Final provisions

If any provision of these Terms is found to be invalid, the remaining provisions remain in effect. You may not assign your rights under these Terms without our consent; we may assign our rights in connection with a merger, acquisition, or sale of assets.

22. Contact

KD incubator UG (Haftungsbeschränkt), Schonensche Str. 13, 10439 Berlin, Germany — office@kdincubator.com