Skip to content
Avorate
Back to home

Terms of Use

This translation is provided for convenience. The legally binding version is the German original. Switch the language to Deutsch to read it.

§ 1 Scope, contracting parties and operating status

(1) These terms of use and general terms and conditions (hereinafter “Terms”) apply to the entire use of the mobile application “Avorate AI - Coach” (hereinafter the “App”) as well as to all information, features and services provided under the domain avorate.app — including the web app at web.avorate.app.

(2) The user's contracting party is: Thorge Mrowinski (project name “Avorate AI”), Gerhart-Hauptmann-Ring 7j, 21629 Neu Wulmstorf, Germany, email support@avorate.app (hereinafter the “Provider”).

(3) By creating an account or using the services, the user agrees to these Terms. Deviating or conflicting terms of the user are not recognised unless the Provider expressly agrees to them in text form.

(4) Operating status — closed beta: Avorate is currently in a closed, non-commercial test phase (private beta). Access is only possible via a personal invite code; there is no unlocking without a valid code. During this phase the service is provided entirely free of charge. Because Avorate is under active development, features may change, be temporarily unavailable or be discontinued at any time; malfunctions cannot be ruled out in a test phase. The user expressly acknowledges this experimental character.

§ 2 Conclusion of contract, registration and invite code

(1) Using the features requires setting up a user account. Registration takes place either by entering a valid email address and a secret password or via a third-party authentication service (Google Sign-In). The user agreement is concluded when the Provider confirms the registration.

(2) The user is obliged to provide true, current and complete information at registration and to keep it up to date.

(3) Access via invite code: During the closed beta, unlocking a newly created account additionally requires entering a valid, personal invite code. Until it is redeemed the account remains in a restricted state in which the AI-based core features cannot be run. Invite codes are personal and non-transferable. The Provider may limit codes in time and in the number of redemptions and deactivate them if used abusively. There is no entitlement to be allocated an invite code.

(4) Full beta access: For users whose invite code is designated accordingly, the Provider makes available, free of charge and on a one-off basis, usage credits of 50 units and two hours of analysable speaking time. There is no entitlement to the continuation of this access or to a top-up beyond the test phase.

(5) Account security: The password must be kept secret and protected against access by third parties. The user is liable for activities carried out using their account unless they are not responsible for the misuse. Any suspicion of unauthorised use must be reported to the Provider without delay.

(6) Abuse protection: Registration, login, password reset and the checking of invite codes are protected by a captcha procedure and by attempt limits. The Provider is entitled to throttle or refuse requests where there are indications of automated or abusive access.

§ 3 Description of services and how the AI works

(1) The Provider makes available an AI-assisted coaching system. It serves to create presentations, talks, speeches and school reports (in particular for school and academic purposes), to structure them in content and visually, and to practise them interactively.

(2) The AI-based evaluation is a core component. Users can make voice recordings via their device's microphone or upload image files. This data is transmitted via an interface to the AI platform Vertex AI by Google Cloud, where the model Gemini 3.1 Flash Lite currently analyses the content via the regional EU endpoint in order to generate feedback, improvement suggestions, text proposals and rhetorical assessments. Details of the data processing are set out in the privacy policy.

(3) No warranty for AI results: All analyses, assessments, corrections, texts and tips output by the App are computer-generated results based on statistical probabilities. The Provider gives no warranty as to the substantive, factual, grammatical or logical correctness, completeness, currency or pedagogical suitability of these results. AI feedback does not constitute an assessment by a teacher and promises no particular school or academic grades or results. Users are expected to check results for accuracy themselves before relying on them.

(4) Transparency notice under the AI Act: In accordance with Art. 50(1) of Regulation (EU) 2024/1689 (AI Act), the Provider points out that the user is interacting with an AI system. All outlines, texts, slides, images and feedback generated by the App are artificially generated content and are labelled as such in the interface (Art. 50(2) AI Act). Users are themselves responsible, when publishing or using such content, for complying with any labelling and disclosure obligations arising from their school, study or examination regulations or from other provisions.

(5) No emotion recognition, no aptitude assessment: The evaluation is limited to observable, measurable features of speaking (speaking pace, loudness over time, pauses, intelligibility, filler words, sentence structure, pronunciation). No recognition or inference of emotions, moods or personality traits takes place.

(6) Intended use: Avorate is intended exclusively as a practice and self-learning tool for one's own person. It is not intended for, and may not be used for, deciding on access to education, officially assessing learning outcomes or examination performance, determining the appropriate level of education of a person, monitoring examinations, or evaluating or selecting applicants, employees or trainees. Use by educational institutions, employers or other third parties for any of these purposes is prohibited. The score and indicative grade output are non-binding practice feedback to the user themselves and do not constitute a determination of performance.

(7) The Provider reserves the right to change the models, providers and scope of features used in order to take account of technical developments or legal requirements.

§ 4 Free provision and planned paid services

(1) Free of charge: During the closed beta, Avorate is provided entirely free of charge. No subscriptions, credit packages or in-app purchases are offered, advertised or concluded. No payment obligation arises for the user.

(2) No payment provider in operation: No billing takes place via the Apple App Store, the Google Play Store or any other payment or billing provider. Corresponding technical integrations exist in the source code but are not in operation and receive no data.

(3) Outlook (non-binding): For a later version it is envisaged to offer extended features against payment. The Provider will inform users in good time before their introduction, adapt these Terms accordingly and set out prices, scope of services and billing and termination arrangements transparently before any contract is concluded.

(4) Separate consent required: A paid service comes about exclusively where the user expressly and unambiguously agrees to a separate contract for payment. Continued use, the absence of an objection or acceptance of these Terms do not establish any payment obligation. The outlook under paragraph 3 is not a promise as to prices, plans or features.

§ 5 Usage credits and speaking time

(1) The extent of the AI-assisted features is governed by internal usage credits (number of generations) and a quota of analysable speaking time.

(2) These credits are allocated exclusively by the Provider. They cannot be purchased, have no monetary value, are not electronic money and can neither be transferred nor exchanged, refunded or paid out.

(3) Credits and speaking time are tied to the user account and expire on its deletion as well as at the end of the test phase, without giving rise to any claims.

§ 6 Right of withdrawal

(1) During the closed beta no contract for payment concerning digital content or digital services is concluded between the Provider and the user. The user owes neither a payment nor the provision of personal data as counter-performance within the meaning of Section 312(1a) BGB, but provides data solely for the delivery of the functions they have requested.

(2) In the absence of a transaction for payment, there is currently no statutory right of withdrawal under Sections 355 et seq. BGB that could be exercised. This section is deliberately retained so that the legal position remains transparent; it does not constitute a waiver of statutory consumer rights.

(3) Irrespective of this, the user may terminate the free user agreement at any time and without giving reasons (§ 12).

(4) As soon as paid services are offered, the Provider will supply a legally compliant withdrawal notice together with a model withdrawal form before any contract is concluded and will point out the conditions under which the right of withdrawal expires early in the case of digital content.

§ 7 Use by minors

(1) Avorate is aimed at pupils. Users who have reached the age of 16 can use the service independently. For users under 16, use is only permitted with the consent of a legal guardian. This threshold follows Art. 8(1) GDPR: the practice assessment is based on a voice recording and therefore on a consent which, below the age of 16, can in Germany only be validly given by the legal guardians or with their authorisation. A minimum age of 13 years, as provided for in earlier versions of these Terms, no longer applies.

(2) Contractual consent: If the user is a minor with limited legal capacity (aged 7 to 17), the conclusion of this user agreement requires the consent or approval of their legal guardians under Sections 106 et seq. BGB. By registering, the minor user warrants that this consent exists. In case of doubt the Provider may make further use conditional on proof and suspend the account until the matter is clarified.

(3) Data protection consent: Where processing is based on consent (in particular voice recordings, push notifications and the voluntary error diagnostics), that consent is only valid for persons under 16 with the authorisation of the holder of parental responsibility pursuant to Art. 8(1) GDPR.

(4) No age verification: The Provider deliberately does not collect a date of birth and does not carry out technical age verification, so as not to process additional data about minors. It relies on the warranty under paragraph 2 and on the way invite codes are issued.

(5) No payment obligations: As no paid services are offered during the closed beta, use gives rise to no payment obligations for minors. If paid services are offered in future, their conclusion by minors will additionally require the consent of the legal guardians, or that performance is effected from means placed at the minor's disposal for that purpose or at their free disposal (Section 110 BGB).

(6) No advertising, no profiling: The Provider does not use advertising towards users, does not build interest or behavioural profiles and does not transmit data to third parties for advertising purposes.

(7) Legal guardians may object to further use at any time and request deletion of the account at support@avorate.app.

§ 8 Rights in content and in AI results

(1) Right to use the App: For the term of the contract, the user receives a simple, non-transferable, non-sublicensable and revocable right to use the App on their personal devices for private, non-commercial purposes (in particular for school and training purposes). All rights in the software, trade marks, design and the Provider's content remain with the Provider.

(2) The user's own content: The Provider acquires no ownership of the content contributed by the user (input, recordings, images, texts). The user merely grants the Provider the simple, territorially unrestricted right, limited to the term of the contract, to store this content, reproduce it technically and transmit it to the processors named in § 3 to the extent necessary to deliver the functions the user has requested. It is not used for the Provider's own purposes, in particular not for training AI models.

(3) AI results: The Provider asserts no rights of its own in the outlines, texts, slides and presentation drafts generated for the user and, as between the Provider and the user, grants the user the right to use, edit and reproduce these results freely for their school, academic and private purposes.

(4) Note on the legal status of AI output: Purely machine-generated results are as a rule not protected by copyright under German law, because they lack a personal intellectual creation. The Provider therefore neither warrants an exclusive legal position in the results nor their uniqueness; similar results may also be shown to other users. Nor can it be warranted that a result is free of third-party rights; the user checks this on their own responsibility before publication.

(5) Disclosure and examination rules: The user is themselves responsible for complying with the rules of their school, university or examination regulations on the use of AI tools, including any labelling and disclosure obligations.

§ 9 User obligations and prohibited uses

(1) The user bears sole responsibility for all content they upload to or introduce into the App, in particular audio recordings and image files.

(2) The user ensures that they hold the necessary rights in uploaded content and that third parties are only recorded with their consent.

(3) Strict prohibitions. The user is prohibited from using the App in a manner that violates applicable law or infringes the rights of third parties. It is expressly prohibited:

(4) In the event of breaches, the Provider is entitled to remove the content concerned, restrict features and suspend the account temporarily or permanently. Further rights, in particular extraordinary termination under § 12(4), remain unaffected.

(5) The user indemnifies the Provider against third-party claims based on the user's culpable breach of the obligations under this section.

§ 10 Availability, changes and discontinuation of the offering

(1) The Provider endeavours to achieve the highest possible availability but owes no particular availability during the beta. No service level is promised or tacitly agreed.

(2) Uninterrupted availability of the infrastructure and of the AI interfaces used cannot be technically guaranteed. Maintenance, security updates, capacity bottlenecks, disruptions at upstream providers and force majeure may lead to interruptions.

(3) The Provider is entitled to change, restrict or discontinue features and to end the closed beta as a whole. It will announce a planned discontinuation with reasonable notice and give users the opportunity to export their content. There is no claim to the continuation of individual features or to compensation.

(4) Users are expected to back up content that is important to them; the App provides export functions for this purpose.

§ 11 Warranty and liability

(1) Provision free of charge. During the closed beta, Avorate is made available free of charge. German law provides a privileged standard of liability for gratuitous contracts (the principle underlying Sections 521 and 599 BGB). Subject to paragraph 2, the Provider is therefore liable only for intent and gross negligence. It is liable for defects in quality or title only where it has fraudulently concealed a defect.

(2) Unlimited liability. The Provider's liability remains unaffected and unlimited

(3) In all other respects, the Provider's liability for loss of data is limited to the typical recovery effort that would have arisen had the user carried out regular and proper data backups.

(4) The Provider is not liable for disadvantages arising from the user adopting AI results without checking them — in particular not for school or academic assessments — nor for missed deadlines resulting from operational interruptions. § 3(3) and § 10 remain unaffected.

(5) As soon as services are provided against payment, the statutory warranty and liability regime for contracts for payment applies to them; the privilege under paragraph 1 does not apply to those services.

§ 12 Term, termination and deletion of the account

(1) The user agreement for the free user account is concluded for an indefinite period.

(2) The user may terminate the contract at any time and without giving reasons by deleting their account in the App or by sending an informal notice to support@avorate.app. The deletion is first marked as pending and can be reversed by the user within 30 days; after that the account and the associated data are deleted permanently. Details are set out in the privacy policy.

(3) The Provider may terminate the contract on ordinary notice of 14 days to the end of the month. As the service is free of charge, this incurs no costs for the user.

(4) The right to extraordinary termination for good cause remains unaffected for both parties. Good cause exists for the Provider in particular where the user seriously or repeatedly breaches § 9, uses an invite code abusively, or where a minor user acts without the required consent contrary to § 7. In such cases the Provider may suspend the account with immediate effect.

(5) When the termination takes effect, the rights of use under § 8(1) lapse. Unused usage credits and speaking time expire without compensation (§ 5(3)).

§ 13 Changes to these Terms

(1) The Provider may amend these Terms with effect for the future where this is necessary to adapt to a changed legal position, to case law of the higher courts or to changes in the scope of features, and where the user is not thereby unreasonably disadvantaged.

(2) Changes will be communicated to the user at least 30 days before they take effect in text form, in the App or by email. If the user does not object before they take effect, the changes are deemed accepted; the notice will point out this effect separately. If the user objects, either party may terminate the contract under § 12.

(3) The introduction of a payment obligation is excluded from this procedure; it always requires express consent under § 4(4).

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Further information is set out in the legal notice.

(3) Should individual provisions of these Terms be or become invalid, unenforceable or incomplete, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

(4) The German version of these Terms is authoritative; translations serve comprehension only.

These terms of use were last updated in August 2026.