Niuance+ terms and conditions
This is a translation; the German version is legally binding. Read the German version
1. Scope and seller
These terms and conditions apply to every contract for the paid membership Niuance+. The seller, and your contracting party, is:
Niubility Trading UG (haftungsbeschränkt)
Rosenthaler Str. 72A
10119 Berlin
Deutschland
Represented by its managing director: Xuan Zhang. Commercial register: Amtsgericht Charlottenburg, HRB 280540 B. VAT identification number: DE459364035. Email: hello@niuance.com.
The website niuance.com with its writing and work is run by its author as a private person (see the imprint); these terms do not apply to the free content of the website. Any terms of a customer that differ from these do not apply.
2. The service
For the period you buy, Niuance+ gives you access to the paid features of the Niuance learning apps at learn.niuance.com, currently the German trainer Deutschlerner. Which features and usage limits are included (for example the number of scored sentences a day or the minutes of transcription a month) is stated on the Niuance+ page at the time of your purchase.
The learning apps use automated services, for example for pronunciation scoring, transcription and word explanations. Their results can contain mistakes. We do not owe any particular learning result or exam pass.
We keep developing the learning apps. Changes beyond what is needed to keep the service in conformity with the contract are made only for a valid reason (such as new technology, changed services from our suppliers or security), at no extra cost to you and with clear notice. If such a change impairs your access or the usability of the service more than insignificantly, you may end the contract free of charge within 30 days under Section 327r of the German Civil Code (BGB); we then refund the share of the price for the remaining period.
3. Account
You need a Niuance account for Niuance+. The membership is for one person and tied to that account. Do not share your sign-in details. Automated requests, getting around usage limits and passing content of the learning apps on to others are not allowed. If you break these rules we may block access after a warning, or without one for serious breaches.
4. How the contract is made
The Niuance+ page is not yet a binding offer. You choose a period in your Niuance account, check the period and price on the order page and can correct any input errors there. By clicking “Order with obligation to pay” you make a binding offer and are taken to our payment provider. The contract is concluded when the payment has been completed and we unlock Niuance+ in your account. You then receive a confirmation by email.
So that we can unlock Niuance+ straight away, you expressly request on the order page that we begin before the withdrawal period ends. You keep your right of withdrawal; if you withdraw, you pay only the share for the time used until then (see section 7).
The contract language is German; translations of these terms are for information only. These terms are available on this page at any time; your order details are in the confirmation and in your account.
5. Prices and payment
The prices shown on the order page when you order apply. Euro prices include statutory VAT; all prices are final prices. Payment is due when you order and is made in advance through our payment provider. The payment page shows which payment methods are available.
6. Period; no automatic renewal
The period starts when Niuance+ is unlocked. If you buy again while a membership is running, the new period starts when the current one ends. The membership does not renew automatically and ends when the period is over, without any need to cancel. Either side’s right to terminate for good cause is unaffected.
After it ends you can keep reviewing words you have already learned free of charge, as long as Niuance offers this feature.
7. Right of withdrawal and refunds
As a consumer you have a statutory right of withdrawal. The details, the model withdrawal form and our refund rules are on Withdrawal and refunds.
8. Warranty
Your statutory rights in case of defects apply, for digital products in particular Sections 327 et seq. BGB. Please report problems to hello@niuance.com.
9. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee. For a slightly negligent breach of an essential contractual obligation, meaning one whose fulfilment makes the contract possible in the first place and on which you may regularly rely, liability is limited to the damage typical for this kind of contract and foreseeable. Otherwise liability for slight negligence is excluded.
10. Data protection
How we process your data is described in the privacy policy.
11. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the country where you have your habitual residence.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.
If any provision of these terms is invalid, the remaining provisions stay valid.