§ 1 Scope
(1) These Terms and Conditions (hereinafter "Terms") apply to all usage agreements between the operator of the platform Stay Bright Writing Club (hereinafter "Provider") and the users of the website at https://stay-bright-wrc.vercel.app (hereinafter "Platform").
(2) The Provider within the meaning of these Terms is: Niklas Heist, Lenbachstraße 16, 10245 Berlin, Deutschland. Email: nkls.hst@gmail.com.
(3) Conflicting or deviating terms of the user shall not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Service Description
(1) Stay Bright Writing Club is a writing and learning platform that provides registered users with the following features:
- A web-based text editor for writing and managing your own texts (Studio)
- A library function for saving and managing articles and resources (Library)
- Access to a writing community and editorial content (Club)
- An optional browser extension for saving web articles
(2) The Provider reserves the right to expand, restrict, or modify the range of features of the Platform at any time, provided this is reasonable for the user and does not affect essential contractual obligations. Registered users will be informed of significant changes in a timely manner.
(3) The Platform is intended exclusively for persons who have reached the age of 16. Use of paid services requires legal age (18 years).
§ 3 Registration and User Account
(1) The use of the core features of the Platform requires registration. A valid email address and a password are required for registration.
(2) Upon completion of registration, a usage agreement is established between the Provider and the user. The user confirms that they have read and accepted these Terms.
(3) The user is obligated to keep their login credentials confidential and to protect them from third-party access. The Provider must be notified immediately if misuse of the account is suspected.
(4) A user account is non-transferable. Sharing login credentials with third parties is prohibited.
(5) The Provider reserves the right to suspend or delete accounts that violate these Terms.
§ 4 Usage Rights and Intellectual Property
(1) Provider Content: The Provider grants the user a non-exclusive, non-transferable right to use the Platform and its content (design, texts, graphics, software) solely for personal, non-commercial use. Any further use requires the written consent of the Provider.
(2) User Content: The user retains all copyright and other rights to their content created on the Platform (essays, texts, etc.) in full. The Provider does not claim ownership of user content.
(3) By posting content on the Platform, the user grants the Provider a free, non-exclusive right, limited to the duration of the contract, to use such content solely for the purpose of operating and displaying the Platform (e.g., storage, display in browser).
(4) Upon termination of the usage agreement, all user content will be completely deleted within 30 days, unless statutory retention obligations apply. The user is responsible for backing up their own data.
§ 5 User Obligations and Code of Conduct
(1) The user agrees to use the Platform only in accordance with applicable laws and these Terms.
(2) The following actions are expressly prohibited:
- Distribution of unlawful, offensive, discriminatory, or objectionable content
- Infringement of copyrights or other intellectual property rights of third parties
- Distribution of spam, malware, or other harmful content
- Technical attacks on the Platform (e.g., hacking, DDoS)
- Automated access without express permission (scraping, bots)
- Use of the Platform for commercial purposes without the Provider's permission
- Circumvention of the Platform's security mechanisms
(3) In the event of violations, the Provider is entitled to remove the respective content and temporarily suspend or permanently delete the user account, without any claims arising for the user.
§ 6 Prices and Payment Terms
(1) The basic features of the Platform are available free of charge.
(2) If paid premium features or subscriptions are offered, the following conditions apply:
- All prices are final prices including the applicable value-added tax.
- Billing is in advance for the selected billing period (monthly or annually).
- The subscription renews automatically unless cancelled in time (see § 7).
- Offered prices may change for future renewal periods. Price changes will be communicated to the user at least 30 days in advance.
(3) In the event of payment default, the Provider is entitled to suspend access to premium features until full payment is received.
§ 7 Term and Termination
(1) The usage agreement for free features runs for an indefinite period and may be terminated by the user at any time by deleting their account.
(2) Paid subscriptions may be cancelled at the end of the respective billing period. Cancellation is possible by email to nkls.hst@gmail.com or through the account management section of the Platform.
(3) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the user violates § 5 of these Terms.
(4) After termination or account deletion, all stored user data and content will be deleted within 30 days. Recovery is no longer possible after that. The user is responsible for backing up their data in a timely manner.
§ 8 Limitation of Liability
(1) The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
(2) In cases of slight negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation), limited to the foreseeable, contract-typical damage.
(3) Otherwise, the Provider's liability for slight negligence is excluded.
(4) The Provider does not guarantee uninterrupted availability of the Platform. Scheduled maintenance will be announced in advance where possible.
(5) The Provider assumes no liability for content posted by users on the Platform. Such content is the sole responsibility of the respective user.
§ 9 Data Protection
The collection and processing of personal data of the user is carried out exclusively in accordance with our Privacy Policy, which is an integral part of these Terms. The Privacy Policy is available on the Platform at all times.
§ 10 Applicable Law and Jurisdiction
(1) The laws of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the registered office of the Provider shall be the exclusive place of jurisdiction for all disputes arising from this contract.
(3) The above provision shall not apply if mandatory statutory provisions prescribe a different place of jurisdiction (in particular for consumer contracts: §§ 29c, 215 ZPO).
§ 11 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/ . Our email address can be found in the Legal Notice.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Changes to These Terms
(1) The Provider reserves the right to amend these Terms at any time with effect for the future. Registered users will be informed of significant changes by email at least 30 days before they take effect.
(2) If a user does not object to the amended Terms within 30 days of receiving the notification, the new Terms shall be deemed accepted. This circumstance will be expressly pointed out in the notification.
(3) In the event of an objection, the Provider is entitled to terminate the usage agreement at the time the new Terms take effect.
§ 13 Severability Clause
Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.