Algemene voorwaarden

§ 1 Scope

These General Terms and Conditions (GTC) apply to the use of the web application Brainsparkle (hereinafter "Service"), operated by Wunner Software, Thomas Wunner, Am Fichtenhain 6, 95463 Bindlach, Germany (hereinafter "Provider").

By registering, the user agrees to these GTC.

§ 2 Description of Services

Brainsparkle is a web-based application for personal knowledge management. The service offers:

  • Creation and management of notes with tagging and linking
  • Vocabulary trainer with flashcards and spaced repetition algorithm
  • Task planning with reminders
  • AI-powered processing (summaries, translations, flashcard generation)
  • Media management (images, audio, video, documents)
  • MCP API access for AI clients (Premium)

§ 3 Free and Paid Usage

Free Plan

The basic features of Brainsparkle are available free of charge. The free plan is subject to usage limits (e.g. storage space, number of AI requests per month). Free users will see advertisements.

Premium Plan

The Premium plan costs €4.99 per month (including VAT). It includes increased limits, ad-free usage and access to the MCP API. Payment is made monthly in advance via the payment service provider Mollie.

§ 4 Contract Formation and Duration

The contract for free usage is formed upon registration. The Premium contract is formed upon successful first payment.

The Premium subscription renews automatically for one month at a time unless cancelled before the end of the current billing period.

§ 5 Right of Withdrawal

As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of contract formation.

To exercise your right of withdrawal, you must inform us (Wunner Software, Am Fichtenhain 6, 95463 Bindlach, Germany, email: acc@wunner-software.de) of your decision to withdraw from this contract by means of a clear statement (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within 14 days from the day on which we received notification of your withdrawal.

§ 6 Cancellation

The free plan can be terminated at any time by deleting the user account.

The Premium subscription can be cancelled at any time effective at the end of the current billing period. Cancellation is possible via the account management in the service or by email. After cancellation, Premium access remains available until the end of the paid period.

§ 7 User Obligations

The user agrees to:

  • Not store any unlawful, threatening, harassing or copyright-infringing content
  • Keep their login credentials confidential and not share them with third parties
  • Not misuse the service (e.g. automated mass requests, scraping)
  • Not circumvent or interfere with the security mechanisms of the service

The provider is entitled to temporarily suspend or permanently delete the user account in the event of violations of these obligations.

§ 8 Availability

The provider endeavours to provide the service without interruption. 100% availability is technically not achievable. In particular, maintenance work, security updates and circumstances beyond the provider's control (e.g. force majeure, third-party disruptions) may lead to temporary restrictions.

§ 9 Liability

The provider is fully liable for intent and gross negligence. For slight negligence, the provider is only liable in case of breach of essential contractual obligations (cardinal obligations), with liability limited to foreseeable, contract-typical damages.

The provider assumes no liability for data loss insofar as the damage is attributable to the user's failure to perform regular data backups.

§ 10 Privacy

Information on the processing of personal data can be found in the Privacy Policy.

§ 11 Changes to these GTC

The provider reserves the right to amend these GTC. Changes will be communicated to the user by email or within the application. If the user does not object within 30 days of receiving the notification, the amended GTC shall be deemed accepted. The provider will inform the user of this legal consequence in the amendment notification.

§ 12 Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer protection provisions of the state in which they have their habitual residence shall apply.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: June 2026