Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Oropen website at https://oropen.com, any related web applications, mobile applications (including apps distributed via Google Play and the Apple App Store), and any associated APIs and services (collectively, the "Service").

The Service is operated by:

Eleheim GmbH
Schellingstraße 109a
80798 Munich, Germany
Website: https://oropen.com
Email: info@oropen.com

("Eleheim", "we", "us", or "our")

By creating an account, accessing, or using the Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. The Service

Oropen is an online platform that uses artificial intelligence ("AI") to support language learning and content creation. Among other things, the Service may allow you to:

• create and manage learning content such as texts and flashcards;
• interact with AI models to generate, transform, or analyze content;
• sync your data across devices via Google Drive (using the app-specific folder of your Google Drive account);
• use additional tools and features designed to help you learn more efficiently.

The exact features and limits available to you may depend on your plan (free or paid), your usage, and your device/platform.

2. Scope of These Terms

These Terms apply to:

• your use of the Oropen website;
• your use of the Oropen mobile apps distributed via Google Play and the Apple App Store;
• all purchases and subscriptions related to the Service, whether made on the web or via in-app purchase (e.g. Google Play Billing or Apple In-App Purchase);
• your use of optional integrations with third-party services (such as cloud synchronisation via Google Drive).

Additional terms or policies (such as our Privacy Policy and Refund Policy) may also apply. In case of conflict between these Terms and other policies, the more specific document for the relevant topic will usually prevail.

3. Eligibility and Acceptance

By using the Service, you represent and warrant that:

• You are at least 18 years old and have full legal capacity. Oropen's content is suitable for learners of all ages, including students; however, if you are under 18, you may use the Service only through an account created and managed by your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Service; and
• You have the legal capacity and authority to enter into a binding agreement with Eleheim GmbH.

If you use the Service on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms, and "you" will then refer to that entity.

We may update these Terms from time to time. The updated Terms will be posted on https://oropen.com with a new "Last updated" date. Your continued use of the Service after the new Terms become effective constitutes your acceptance of them.

4. Account Registration and Security

To use certain features of the Service, you may need to create an account. You agree to:

• provide accurate, current, and complete information during registration and keep it up to date;
• keep your login credentials confidential and not share them with others;
• be responsible for all activities that occur under your account;
• notify us without undue delay if you suspect any unauthorized access or use of your account.

We may offer sign-in via third-party identity providers (e.g. Google, Apple). If you use such sign-in options, your use of them is also subject to those providers' own terms and privacy policies.

We reserve the right to suspend or terminate your account if we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive activity, or posed a risk to the security or proper functioning of the Service.

5. Plans, Subscriptions, and Credits

We may offer several ways to access the Service, including:

• a free plan with limited features or usage;
• paid subscription plans (e.g. monthly or annual) with additional features and higher limits;
• usage-based credits or tokens for certain AI features or extra usage.

Details for each plan (price, features, limits, etc.) are provided on https://oropen.com or in the apps and may change from time to time.

5.1 Tokens / Credits

Some features of the Service, especially AI-related or compute-heavy features, may require the use of internal usage units (for example, "tokens", "credits", or similar). These internal usage units are referred to in the Service as "Oropen Tokens" or "OPT". Tokens may be made available to you either as a subscription allowance (included with a paid subscription for the current billing period) or as a Boost (a separately purchased, time-limited token package; see section 6.3).

• When you use those features, the corresponding amount of tokens/credits will be deducted from your balance.
• Subscription-allowance tokens are valid only for the current billing period. They do not roll over: any unused subscription allowance resets at the start of each new billing period.
• Where you hold both Boost tokens and subscription-allowance tokens, your Boost tokens are consumed first.
• If your balance reaches zero, you may purchase a Boost or, where applicable, wait for your subscription allowance to reset in order to continue using those features. We may also apply technical or usage limits (for example, per time period) to ensure fair use and protect the stability and security of the Service.

The rules for token/credit consumption (and any applicable rates) may be displayed in the Service or on the website.

5.2 Access to AI Features and Limits

• Every new account receives a one-time signup trial of 50 OPT, valid for 30 days, which can be used for any AI-powered feature. After the trial, our AI-powered features consume tokens: to use them you need either an active subscription (which includes a monthly token allowance) or a valid Boost. When you have no available tokens, these features cannot be used.
• Token-based AI features are available only while your subscription is active or your Boost is still valid. When neither is active, access to these token-based features ends until you obtain a subscription or a Boost.
• Purchasing any Boost or subscription unlocks Cloud Sync (syncing your data across devices via Google Drive) for 6 months from the date of purchase, independently of your remaining token balance; each qualifying purchase extends this period by a further 6 months. The signup trial does not unlock Cloud Sync. Local export and import of your data remain free at all times. During the public beta of Cloud Sync, we may make Cloud Sync temporarily available to all users free of charge; such beta access is provided as-is under Section 9, and may be ended or changed at any time, after which the purchase-based unlock described above applies.
• Flashcard review is free, unlimited, and available fully offline for every user, with no daily or per-deck limit on any plan.

6. Payments, Billing, and Purchases

6.1 Payment Channels

Payments for the Service may be processed through different channels, including but not limited to:

• Third-party payment service providers (for web-based purchases via the Oropen website);
• Google Play Billing (for purchases made via the Android app);
• Apple In-App Purchase / App Store (for purchases made via the iOS app).

In each case, the respective payment provider (such as our web payment processor, Google, or Apple) processes your payment in accordance with their own terms and privacy policies.

For web-based purchases, your transaction is processed by our third-party payment service provider. Your use of their payment services is subject to their terms of service and privacy policy, which will be made available to you during the checkout process.

By completing a purchase, you authorize the relevant payment provider to charge your selected payment method for the price shown, including any applicable taxes, in accordance with the terms presented at the point of purchase.

6.2 Recurring Subscriptions

If you subscribe to a recurring plan (monthly, yearly, or otherwise):

• Your subscription will automatically renew at the end of each billing period unless you cancel it in time;
• The renewal will be charged using your current payment method at the then-current price, unless otherwise stated.

Important: Where to manage your subscription

• If you purchased your subscription via the web: you typically manage and cancel your subscription through the Oropen web interface or through the customer portal provided by our payment processor.
• If you purchased your subscription via Google Play: you manage and cancel your subscription via your Google Play account settings.
• If you purchased your subscription via the Apple App Store / iOS: you manage and cancel your subscription via your Apple ID / App Store account settings.

To avoid being charged for the next billing period, you must cancel your subscription before the renewal date. Cancelling does NOT automatically entitle you to a refund for any period already paid.

6.3 Boosts (Time-Limited Token Packages)

In addition to, and independently of, subscriptions, you may purchase "Boosts": time-limited packages that grant you additional tokens (OPT) for a short period of extra capacity. Boosts are offered in different sizes at fixed prices, and may be purchased whether or not you have an active subscription.

• Each Boost is valid for 14 days from the moment of purchase. Any tokens included in a Boost that remain unused at the end of this period expire.
• If you purchase another Boost while a previous Boost is still valid, the remaining Boost tokens are combined with the new ones and the validity of your entire Boost balance is extended to 14 days from the new purchase. A new purchase only ever extends the validity of your Boost tokens; it never shortens it.
• A Boost provides time-limited access to extra capacity. It is not stored credit and does not carry over beyond its validity period.
• Where you hold both Boost tokens and a subscription allowance, your Boost tokens are consumed first (see section 5.1).

Expired Boost tokens are not refunded. This does not affect your statutory withdrawal rights as a consumer (see section 7.2) or the refund of your remaining unused balance described in our Refund Policy.

6.4 Prices and Taxes

All prices displayed on our website and in our apps are in Euros (€) unless otherwise indicated. For web purchases, applicable VAT (Value Added Tax) or other sales taxes may be added based on your location and will be displayed at checkout before you complete your purchase.

For in-app purchases via Google Play or Apple App Store, applicable taxes are handled by the respective platform according to their policies.

6.5 Price Changes

We may change our prices from time to time. If you are on a recurring subscription:

• We will give you reasonable notice of any price change (for example, by email or in-app notification);
• The new price will typically apply at your next renewal, not immediately;
• If you do not wish to pay the new price, you may cancel your subscription before the renewal takes effect.

7. Refunds and Cancellations

For detailed information about refunds and cancellations, please see our Refund Policy. Below is a summary of the key points.

7.1 General Refund Policy

How refunds work depends on what you purchased and where:

• Tokens, credits (OPT) and Boosts bought on our website: you may request a refund of your remaining unused token balance within 14 days of purchase. Tokens you have already used are non-refundable, because the corresponding service has already been provided to you.
• Subscriptions: the billing period you have already started is generally non-refundable, except where required by law or granted by us at our discretion.

7.2 Statutory Withdrawal Rights (EU / EEA Consumers)

If you are a consumer in the EU or EEA, you have a right of withdrawal for online purchases:

• You may withdraw from a purchase within 14 days of your order, without giving any reason.
• When you buy tokens, credits or a Boost, you expressly ask us to make them available to you immediately. If you withdraw within the 14-day period, we refund the value of your remaining unused tokens; the portion you have already used is non-refundable, as that part of the service has already been performed with your consent.

To exercise your withdrawal right or request a refund, use the refund option in your account billing history, or contact us at info@oropen.com or via our contact page with your order details.

7.3 Cancellation of Subscriptions

You may cancel your subscription at any time using the appropriate cancellation mechanism:

• For web-based subscriptions: via the Oropen website or the link provided in your purchase confirmation email.
• For Google Play subscriptions: via your Google Play account settings.
• For Apple subscriptions: via your Apple ID / App Store account settings.

When you cancel:

• Your subscription remains active until the end of the current billing period that you have already paid for.
• You will NOT receive a refund for any remaining time in that period (unless required by law or granted at our discretion).
• Automatic renewal will be turned off, so you will not be charged again after the current period ends.

7.4 Refunds for In-App Purchases (Google Play / Apple App Store)

If you purchased a subscription, tokens or a Boost via Google Play or the Apple App Store, refund policies are determined by Google or Apple, not by us. Google or Apple decide on and process any refund (including any partial refund). When they notify us that a purchase was refunded, we adjust your token balance and plan accordingly so your account stays consistent. Please contact Google or Apple directly to request a refund for an in-app purchase.

8. User Content and Acceptable Use

8.1 Your User Content

"User Content" means any text, audio, images, flashcards, prompts, or other content you create, upload, or submit through the Service.

You retain all intellectual property rights in your User Content. By using the Service, you grant Eleheim a worldwide, non-exclusive, royalty-free license to:

• store, process, and display your User Content as necessary to provide the Service;
• use your User Content to generate AI outputs or features you request (for example, translating your text or generating flashcards).

We do not claim ownership of your User Content.

Where you use AI features to generate content, any AI output that you then use, save, publish, or distribute is treated as part of your User Content for the purposes of these Terms, and you are solely responsible for it as described in Section 8.3 (including responsibility for any third-party intellectual property rights).

8.2 Acceptable Use

You agree that you will NOT use the Service to:

• upload, transmit, or distribute illegal, harmful, offensive, or infringing content;
• violate any applicable law, regulation, or third-party rights (including intellectual property rights);
• impersonate others or misrepresent your affiliation with any person or entity;
• attempt to gain unauthorized access to the Service, other user accounts, or our systems;
• distribute viruses, malware, or other harmful code;
• interfere with or disrupt the Service or servers/networks connected to it;
• use the Service for any fraudulent, abusive, or malicious purpose;
• scrape, harvest, or collect data from the Service using automated means (bots, scrapers, etc.) without our prior written consent.

We reserve the right to remove or disable access to any User Content that violates these Terms or that we otherwise deem inappropriate, and to suspend or terminate accounts in such cases.

8.3 AI-Generated Content

When you use AI features, the Service may generate new content based on your prompts or inputs. The quality, accuracy, and appropriateness of AI-generated content are not guaranteed. You are solely responsible for:

• reviewing and verifying AI-generated content before using it;
• ensuring it does not violate any laws or third-party rights;
• ensuring that you hold all rights and permissions necessary for any copyrighted, trademarked, or otherwise protected material before using, publishing, or distributing AI-generated content;
• any consequences of using, publishing, or distributing AI-generated content.

We do not make any representations or warranties regarding AI outputs.

Because AI models are trained on large datasets, AI-generated content may, without your or our knowledge, resemble or incorporate text, images, or other material protected by the copyright, trademark, or other intellectual property rights of third parties. We do not warrant that AI outputs are original or free from third-party rights. To the fullest extent permitted by law, you alone bear all legal responsibility and liability for any use, publication, distribution, or commercial exploitation of AI-generated content, including any claim that such content infringes the copyright, trademark, or other rights of a third party.

8.4 AI Image Generation

The AI image generation feature is provided solely for educational purposes, such as creating visual aids for vocabulary learning. Any depiction of people is limited to generic, stylized cartoon or illustrated characters; the Service does not support photorealistic human faces or figures, and does not support generating the likeness of any real, named, public, or otherwise identifiable individual. Violent, illegal, sexually explicit, or otherwise prohibited content is likewise not supported. Such requests will be automatically declined or substituted with alternative imagery. We reserve the right to refuse or modify any image generation request that violates these limitations.

9. Cloud Synchronisation

The Service may offer an optional feature that allows you to synchronise your Oropen application data (including decks, flashcards, notes, writing-practice corrections, flashcard review history, learning progress, attached media, and app settings) via Google Drive, using a dedicated app-specific folder of your Google Drive account.

9.1 How Cloud Synchronisation Works

When you enable cloud synchronisation:

• The app creates a dedicated, app-specific folder in the cloud storage account you select.
• Your Oropen application data is exported to and imported from this dedicated folder for synchronisation across your devices.
• Synchronisation occurs directly between the app on your device and the cloud storage provider's API. Your synchronised data is not routed through Oropen servers as part of this feature.

9.2 Scope of Access

The app requests only the minimum permissions necessary to read from and write to the dedicated Oropen folder. We do NOT access, read, scan, index, or otherwise process any other files, folders, or content in your cloud storage account.

9.3 Your Responsibilities

When using cloud synchronisation, you are responsible for:

• maintaining the security of your cloud storage account (including strong passwords and any two-factor authentication offered by the provider);
• understanding that the cloud storage provider's own terms of service and privacy policy apply to data stored in your account;
• managing or deleting data stored in the dedicated Oropen folder if you no longer wish to use the synchronisation feature or after deleting your Oropen account.

9.4 Disabling Cloud Synchronisation

You may disable cloud synchronisation at any time through the app's settings. You may also revoke the app's access to your Google Drive at any time from your Google Account's connected-apps settings. Disabling synchronisation does not automatically delete data already stored in your Google Drive; you may remove the Oropen folder manually.

10. Data Privacy

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy.

The Privacy Policy explains how we process personal data and on which legal bases. Where the law requires your consent for a specific processing activity, we ask for it separately (for example via the cookie banner or an explicit opt-in); such consent is not obtained through these Terms.

11. AI-Assisted Support

When you submit a message through our support or contact channels, your message may be processed by an automated system powered by third-party AI model providers. This processing is used to:

• categorise your inquiry (e.g. billing, technical issue, account question, feature request);
• route your message to the appropriate internal team or department;
• prioritise urgent or time-sensitive requests.

This automated categorisation and routing is used solely for internal operational purposes to improve the speed and accuracy of our support responses. No automated decisions with legal or similarly significant effects are made based on this processing. A human member of our support team always reviews and responds to your inquiry.

Chat support data, including conversation content and session metadata, is retained only for as long as reasonably necessary to handle follow-up inquiries on the same or related issues and to improve support quality. Closed sessions are subsequently deleted or anonymised in accordance with our Privacy Policy.

You may request that your support messages be handled without automated processing by contacting us at info@oropen.com and indicating this preference.

AI Processing of Communications

Messages submitted through the Contact Us form, support emails, and in-app support chat are processed using cloud-based AI services to improve response quality and service operations. This includes:

• Automated reading and categorization of incoming messages for faster routing and prioritization.
• AI-assisted analysis to identify common issues, feature requests, and service improvement opportunities.
• Generation of suggested responses and summaries to assist our support team.

This processing is performed solely for the purpose of improving our service quality and response times. Your messages are processed by Google (Gemini) acting as our data processor under a data processing agreement. If we change the AI provider used for support routing, we will update these Terms and our Privacy Policy.

Please avoid including sensitive personal information (such as passwords, financial details, or government IDs) in your support communications, as these messages are processed by automated systems.

12. Termination

12.1 Termination by You

You may stop using the Service and close your account at any time. To delete your account and User Content, please use the account deletion feature in the Service or contact us at info@oropen.com or via our contact page.

After you delete your account:

• We will delete or anonymize your personal data in accordance with our Privacy Policy and applicable law.
• Any active subscription will be cancelled (subject to the refund policy in Section 7).
• Data stored in your personal Google Drive account via the synchronisation feature is not automatically deleted; you may remove it manually.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if we reasonably believe that you have:

• violated these Terms or any applicable law;
• engaged in fraudulent, abusive, or harmful activity;
• posed a security or legal risk to us or other users.

We may also discontinue the Service (or parts of it) at any time.

13. Intellectual Property Rights

Except for User Content, all intellectual property rights in and to the Service are owned by or licensed to Eleheim GmbH, including:

• software, source code, and technical infrastructure;
• the design and layout of the website and apps;
• trade names, logos, trademarks, and branding;
• any content created and provided by us.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business purposes.

You may not:

• copy, modify, distribute, sell, lease, or sublicense any part of the Service;
• remove or alter any copyright, trademark, or other proprietary notices;
• use our trademarks or branding in a way that suggests endorsement or affiliation without our prior written consent.

14. Third-Party Services

The Service may integrate or interact with third-party services, such as:

• payment service providers;
• AI service providers — currently Google (Gemini) for text and OCR processing, Microsoft (Azure AI Speech) for text-to-speech, and Cloudflare (Workers AI / FLUX.1 Schnell) for image generation;
• Google Drive for optional data synchronisation;
• cloud hosting, storage, monitoring, or analytics services.

Your use of such third-party services may be subject to their own terms and privacy policies. We are not responsible for the content, performance, or availability of third-party services and are not liable for any damages arising from your use of them, except where mandatory law provides otherwise.

If a third-party service becomes unavailable or changes in a way that affects the Service, we may need to modify, limit, or discontinue certain features.

Third-Party API Dependency

Oropen relies on third-party APIs and cloud services to deliver core functionality, including but not limited to AI-powered features, text-to-speech, image generation, authentication, and payment processing. You acknowledge that:

• If a third-party service provider experiences downtime, discontinues their service, changes their terms, or restricts access, the affected features of Oropen may become temporarily or permanently unavailable.
• Oropen does not control the availability, performance, or pricing of third-party services and cannot guarantee uninterrupted access to features that depend on them.
• Changes in third-party API terms, pricing, or capabilities may require Oropen to modify, limit, or discontinue certain features.

Oropen and Eleheim GmbH accept no liability for service disruptions, feature limitations, or data issues caused by the unavailability or malfunction of third-party services.

15. Service Availability and Changes

We aim to provide the Service in a reliable and secure manner, but we do not guarantee that:

• the Service will be uninterrupted or error-free;
• all defects will always be corrected;
• the Service will meet all of your expectations or requirements.

We may, at any time and without liability:

• modify or update the Service;
• change or remove features;
• temporarily suspend the Service (for example, for maintenance or security reasons);
• permanently discontinue parts of the Service.

Where a change significantly affects paid features, we will make reasonable efforts to inform you in advance (for example, by email or in-app notifications), where feasible.

16. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that:

• the Service will be secure, error-free, or available at all times;
• defects or errors will be corrected;
• any information, content, or AI output is accurate, complete, or reliable;
• any information, content, or AI output is original or free from infringement of the copyright, trademark, or other intellectual property rights of third parties;
• cloud synchronisation will be uninterrupted or that data will not be lost during synchronisation (you are responsible for maintaining your own backups).

Nothing in this section is intended to limit or exclude any warranties or rights that cannot be excluded under applicable law, especially mandatory consumer rights.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

No liability for certain damages: Eleheim GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill arising out of or in connection with your use of (or inability to use) the Service.

Overall liability cap: In any event, the total aggregate liability of Eleheim GmbH arising out of or relating to the Service or these Terms shall not exceed the total amount you have paid to us (or via our payment providers) for use of the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Free users: If you use the Service only under a free plan and have not made any payments in the past 12 months, our total liability shall be limited, to the extent permitted by law, to direct damages up to 50 EUR.

Exceptions: The above limitations do not apply where they are prohibited by law, including in cases of intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, liability under applicable product liability laws, or any other liability that cannot be excluded or limited under German law.

18. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Eleheim GmbH and its directors, officers, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in any way related to:

• your use of the Service;
• your User Content;
• your use, publication, or distribution of any AI-generated content, including any claim that such content infringes the copyright, trademark, or other intellectual property or other rights of a third party;
• your violation of these Terms;
• your violation of any rights of a third party.

19. Governing Law and Jurisdiction

These Terms and any disputes arising out of or in connection with them or with the Service are governed by the laws of the Federal Republic of Germany, without regard to its conflict of laws rules.

If you are a consumer within the meaning of EU law, mandatory consumer protection provisions of your country of residence may also apply and cannot be waived by this choice of law.

Any dispute arising out of or in connection with these Terms or the Service that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts in Munich, Germany, unless mandatory law requires a different place of jurisdiction (for example, for certain consumer claims).

20. Changes to These Terms

We may revise these Terms from time to time. When we do so, we will:

• post the updated Terms on https://oropen.com, and
• update the "Last updated" date at the top.

If changes are material, we may also notify you by email or via the Service.

By continuing to use the Service after the revised Terms become effective, you agree to be bound by them.

21. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, you can contact us at:

Eleheim GmbH
Schellingstraße 109a
80798 Munich, Germany
Website: https://oropen.com
Email: info@oropen.com
Contact Page: /contact