Terms and Conditions of Skill Splash

Last updated: [June 6, 2025]

Welcome to Skill Splash, an e-learning platform operated by Prokisch & Thumbs Software GbR, Schlehenweg 1, 92331 Parsberg, Germany. These Terms and Conditions ("Terms") govern your use of our services, including the use of AI-generated tools (e.g. Google Gemini) and the publication and downloading of user-created courses.

If you do not agree to these Terms, please do not use Skill Splash.

For any inquiries, you can reach us at: skillsplash.app@gmail.com

1. General Information

• Provider: Prokisch & Thumbs Software GbR
• Address: Schlehenweg 1, 92331 Parsberg, Germany
• Contact: skillsplash.app@gmail.com

• Platform: Skill Splash is a digital platform that enables users to create, publish, and download e-learning content, including content created with the help of AI tools such as Google Gemini.

• Minimum Age: You must be 18 years or older to use this service.

• Definitions:

  • "User" refers to any individual who registers for or uses Skill Splash.
  • "Course" refers to any educational content created and/or published by users.
  • "AI-generated content" refers to text or media generated through integrated third-party AI tools (e.g. Google Gemini).
  • "Published" means content made available to other users for download or view.

2. Subject Matter of the Agreement

Skill Splash provides an online platform that allows users to:

• Create educational courses, optionally with AI support
• Store, edit, and manage their courses
• Publish courses to a shared course library
• Browse and download courses created by other users

The platform is intended for personal and professional development. Users are solely responsible for the content they create and share, including content generated by AI tools.

Skill Splash does not guarantee the accuracy, completeness, or reliability of any user-generated or AI-generated content.

The platform and its features may be updated, expanded, or changed at any time without prior notice. Some features may be offered in beta or as limited-access functions.

3. User Registration and Accounts

To use Skill Splash, users must create an account, for example by signing in with a Google or Apple account. No additional manual registration is currently required.

• Users are responsible for keeping their login credentials secure and for all activity under their account.
• Users must ensure that their account is not misused or accessed by unauthorized third parties.

Skill Splash reserves the right to suspend or delete accounts that violate these Terms or applicable laws, especially in the case of abusive behavior, illegal content, or repeated violations.

4. Services Provided by Skill Splash

Skill Splash offers the following services:

• Tools for creating and editing educational content, including the use of integrated AI systems (e.g. Google Gemini)
• Hosting and storage of user-created content ("Courses")
• Publication of courses to a shared platform for other users to view or download
• A user interface for browsing, searching, and downloading publicly available courses

Skill Splash does not guarantee:

• That services will be available at all times without interruption
• That content created by users or AI is correct, complete, or appropriate for any particular learning purpose
• That all uploaded content will be retained indefinitely

The platform is subject to ongoing development. Features may be modified, added, or removed at any time.

5. Subscriptions and In-App Purchases

Skill Splash offers a free version as well as optional paid subscriptions ("Skill Splash Pro") and one-time in-app purchases (e.g., generation limit top-ups). Purchasing Skill Splash Pro unlocks premium features, including advanced course generation from PDFs/images/videos, automatic web search, AI chat support, increased generation limits, and an ad-free experience.

Billing and Auto-Renewal

All payments, subscriptions, and in-app purchases are processed securely through the respective app store (Apple App Store or Google Play Store) and are subject to their specific payment terms and conditions. Skill Splash does not process or store your payment information directly.

• Auto-Renewal: Subscriptions (e.g., monthly or yearly plans) automatically renew at the end of the applicable billing period unless cancelled.
• Cancellation: You must cancel your subscription at least 24 hours before the end of the current billing cycle to avoid being charged for the next period. Cancellations must be managed directly through your Apple ID or Google Play account settings. Uninstalling the app does not automatically cancel your subscription.
• Payment Issues: In the event of a failed payment, a short grace period may apply at the discretion of the app store, allowing continued access while the payment issue is resolved. If payment is not successfully processed, premium access will be suspended or downgraded to the free tier.

Refunds

Because transactions are handled exclusively by Apple and Google, we cannot process refunds directly. Any refund requests must be directed to the respective app store's customer support and are subject to their refund policies.

Right of Withdrawal for EU Consumers (Widerrufsrecht)

Under EU law, consumers generally have a 14-day right of withdrawal for online purchases. However, by purchasing a digital subscription or consumable within Skill Splash, you explicitly consent to the immediate execution of the contract and acknowledge that you lose your right of withdrawal once the digital content or service is made fully available to you.

5. User-Generated and AI-Generated Content

Users are solely responsible for the content they create, publish, or share, even when using AI tools such as Google Gemini.

• Users retain all copyright and intellectual property rights to their original content.
• If AI tools are used to generate content, the user is still considered the publisher and responsible party for that content.
• Users may not publish any content that violates applicable laws, infringes third-party rights, or contains hate speech, misinformation, or discriminatory material.
• Skill Splash does not pre-screen all content but reserves the right to review, moderate, remove, or restrict access to content that violates these Terms or legal requirements.

By publishing a course, users grant Skill Splash a non-exclusive, worldwide license to store, display, and make the content available to other users via the platform.

6. Rights and Responsibilities of Users

All users must:

• Use the platform only for lawful and respectful purposes
• Refrain from uploading or sharing any illegal, offensive, or misleading content
• Respect the intellectual property rights and privacy of others
• Ensure that AI-generated content is reviewed and does not present false information as fact
• Avoid impersonation or misleading representations of identity

Prohibited uses include, but are not limited to:

• Distributing copyrighted material without permission
• Uploading content that violates privacy, trademark, or personality rights
• Using AI to generate or spread misinformation, harmful advice, or unethical content

Skill Splash reserves the right to take appropriate action in response to violations, including temporary suspension or permanent deletion of accounts and content.

7. Licensing of Published Content

By publishing a course on Skill Splash, you grant Prokisch & Thumbs Software GbR a non-exclusive, worldwide, royalty-free license to:

• Store and host your content
• Display your content within the Skill Splash app and related services
• Make your content downloadable by other users of the platform

This license is necessary for Skill Splash to operate the platform and deliver your content to other users. You retain full ownership and copyright of your original materials.

You may:

• Delete or unpublish your course at any time
• Use and distribute your content outside Skill Splash (since the license is non-exclusive)

You must ensure that any third-party materials (e.g. images, videos, citations) used in your course are properly licensed or used with permission. Skill Splash is not responsible for verifying the rights to third-party content embedded in user-submitted courses.

8. Use of AI Tools (e.g. Google Gemini)

Skill Splash integrates AI tools such as Google Gemini to assist in course creation. These tools may help you generate text, images, or ideas — but:

• AI-generated outputs are not guaranteed to be accurate, complete, or appropriate
• You are fully responsible for any AI-generated content you submit, publish, or share
• AI-generated content may not be protected by copyright under applicable law
• You must verify and curate any AI output before including it in your published courses

By using AI tools within Skill Splash, you acknowledge and agree that:

• AI services may be provided by third parties (e.g. Google) whose terms also apply
• Input data and generated content may be processed by these third-party services
• You will not use AI tools to create or spread harmful, false, or misleading content

Skill Splash is not liable for the consequences of using AI-generated material, including legal or reputational risks.

9. Copyright and Intellectual Property

Platform and App Content

All software, branding, layout, design elements, and code used within the Skill Splash platform are the intellectual property of Prokisch & Thumbs Software GbR or its licensors.

You may not:

• Copy, modify, distribute, or reverse-engineer the app or its components
• Reproduce design elements or functionality for unauthorized commercial purposes

User Content

As a user, you retain all rights to the content you create and upload to Skill Splash, provided you are the lawful owner or have appropriate rights or licenses.

You may not upload, share, or publish content that:

• Infringes the copyright, trademark, or other intellectual property rights of third parties
• Violates image or personality rights (e.g. photos of people without consent)
• Copies substantial parts of third-party works without permission

Skill Splash may take down infringing content in accordance with applicable copyright law and may suspend accounts that repeatedly violate intellectual property rights.

10. Downloads of Courses

Users may download publicly available courses shared by other users on Skill Splash for personal, non-commercial use only.

Key points:

• Downloading a course does not transfer ownership or copyright.
• You may not redistribute, resell, or publicly share downloaded courses without explicit permission from the original author.
• Users must respect any additional licensing conditions the course creator may attach (e.g. Creative Commons).
• Any content that is removed or unpublished by the author may no longer be accessible to other users.

Skill Splash reserves the right to:

• Limit or restrict downloads for legal, technical, or policy reasons
• Remove courses that violate these Terms or applicable law
• Track download activity to prevent abuse or unauthorized use

Respecting copyright and the intellectual property of others is a core principle of the Skill Splash community.

11. Disclaimer of Liability

Skill Splash and Prokisch & Thumbs Software GbR provide the platform "as is" and make no guarantees regarding its availability, accuracy, or performance.

The following disclaimers apply:

• We do not guarantee that the platform will be available at all times or free of technical errors.
• We are not liable for the accuracy, completeness, or educational quality of any course content — including content generated with AI.
• We accept no responsibility for content shared by users, including possible misinformation, copyright violations, or offensive material.
• We are not responsible for any damage caused by the use or misuse of content obtained through the platform.
• We assume no liability for third-party services (e.g. Google, Apple, Google Gemini) integrated into the platform.

To the maximum extent permitted by law, we are only liable for damages caused by intent or gross negligence. Liability for slight negligence, especially for indirect or consequential damages, is excluded.

Skill Splash is a collaborative platform — users are responsible for verifying information and using the content at their own risk.

12. Termination of Account

Termination by User

You may delete your Skill Splash account at any time through the account settings or by contacting us at skillsplash.app@gmail.com.

Please note:

• Upon deletion, all your data will be permanently removed, including courses, drafts, downloads, and usage history.
• Deleted content cannot be recovered.

Termination by Provider

Prokisch & Thumbs Software GbR reserves the right to suspend or terminate your account without prior notice if:

• You violate these Terms of Use or applicable laws
• You publish harmful, offensive, or illegal content
• You abuse platform features or AI tools

In such cases, any remaining data may be deleted immediately and access to the platform revoked.

13. Changes to the Terms of Use

We may update or modify these Terms of Use from time to time to reflect changes in legal requirements, technical developments, or new features.

When we make changes:

• Users will be notified via email or in-app notification
• The updated Terms will be made available within the app and on our website

By continuing to use Skill Splash after the effective date of the updated Terms, you agree to be bound by the new version.

If you do not agree with the updated Terms, you must stop using the platform and may delete your account at any time.

14. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a business user, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the competent court at the registered office of the provider: Parsberg, Germany.

For consumers within the EU, the following applies:

Online Dispute Resolution (ODR)

The European Commission provides a platform for online dispute resolution (ODR), which you can access here: https://ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Severability Clause

If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be replaced by a valid one that comes as close as possible to the economic intent of the original clause.

The same applies in the event of any gaps or omissions in these Terms.