Terms of Use

• "SkillDiscs" / "we" / "us" — the operator of the Service at https://skilldiscs.com.
• "You" / "User" — any natural or legal person accessing the Service.
• "Content" — any text, URL, PDF, YouTube link, file, or other material You submit to the Service.
• "Disk" — the structured artifact (summary, key questions, quiz, embeddings, cover image) the Service produces from Your Content using third-party AI models.
• "AI Output" — the AI-generated portions of a Disk, produced by third-party large language models including but not limited to Google Gemini.
• "API" — the SkillDiscs REST API at https://skilldiscs.com/api/v1, accessible with Your API key.

You must be at least 16 years old (or the age of digital consent in Your jurisdiction, whichever is higher) to use the Service. By creating an account You confirm that You meet this requirement and that the registration information You provide is accurate.

You are responsible for safeguarding Your account credentials and any API key You generate. Anyone in possession of Your API key can read every Disk in Your library, including private Disks. You bear sole responsibility for all activity carried out under Your account or with Your API key.

You represent and warrant, on a per-Disk basis and continuously for as long as the Disk remains on the Service, that:

1. You own all rights to the Content You submit, OR You have obtained an unrestricted, sublicensable licence from the rightsholder to upload, process, summarise, embed, and (where permitted) publish the Content on the Service.
2. The Content does not infringe any copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral right, or any other intellectual-property or proprietary right of any third party in any jurisdiction.
3. The Content does not contain confidential information, trade secrets, or personal data of any third party that You are not authorised to disclose.
4. The Content is not subject to a published opt-out signal — including but not limited to robots.txt, /ai.txt, noai / notdm meta tags, or the TDM Reservation Protocol — that prohibits text-and-data-mining, AI-summarisation, or commercial reuse.
5. Submitting the Content to the Service does not violate any contractual term to which You are bound (subscription terms, employer policies, NDAs, paywall TOS, etc.).

The per-upload consent modal is the moment You make these representations. We rely on them.

You may not, and may not permit any third party to:

1. Upload commercial books, ebooks, audiobooks, or any work for which You do not own the rights and which is not licensed under a Creative Commons (CC-BY, CC-BY-SA, etc.) or equivalent open licence, or in the public domain (e.g. Project Gutenberg).
2. Upload paywalled academic articles, journal papers, conference proceedings, or research preprints unless You are the author and retain the right to share the manuscript, or You have explicit written permission from the publisher.
3. Upload, summarise, or process song lyrics, scripts, screenplays, dialogue from films / TV / podcasts, or other performance-based copyrighted works without explicit licence.
4. Upload Content that contains personal data of identifiable third parties (other than yourself) without their explicit consent under applicable privacy law.
5. Use the Service to scrape, copy, mirror, or redistribute web pages whose Terms of Service prohibit automated access, scraping, or commercial reuse.
6. Upload Content that is unlawful, defamatory, obscene, harassing, fraudulent, malicious code, or that violates the rights of any minor.
7. Upload YouTube transcripts when the underlying video is private, age-restricted, or carries an explicit prohibition on derivative works.
8. Use the Service or the API to train, fine-tune, distill, or otherwise improve a competing AI model.
9. Reverse-engineer, decompile, scrape, or attempt to bypass any rate limit, authentication, or RLS policy of the Service or the API.
10. Resell, sublicense, or redistribute access to the Service or AI Output to third parties for compensation without entering into a separate written agreement with us.
11. Share Your API key publicly or with any party who is not an authorised user of Your own account.
12. Use the Service to facilitate any activity that violates German law, including BGB, UrhG, UrhDaG, DDG, TDDDG, BDSG, UWG or other applicable German rules, or mandatory EU/global rules such as the EU AI Act, Digital Services Act, Digital Markets Act, GDPR or CCPA / CPRA where applicable.

We maintain a strict repeat-infringer policy under German law first, including UrhG, UrhDaG and DDG/DSA notice routes. If We receive valid complaints identifying the same User in connection with three (3) or more separate works, We may permanently terminate Your account, delete infringing Content, and revoke Your API keys after review. EU DSM Directive Art. 17 and US/DMCA notices are handled where applicable as supplemental routes. Patterns of repeated minor infringement may also trigger termination at Our sole discretion. Mandatory consumer rights remain unaffected.

The Service enforces the following visibility matrix at the database layer (you cannot bypass it via the UI):

• PDF and pasted-text Disks are private to You only. They cannot be made public on the Service. The original text remains stored in Your account so You can use the API to query Your own RAG library.
• URL and YouTube Disks may be made public by You. When public, only the AI Output (summary, key questions, quiz, cover image) is visible to other users; the original article text or video transcript is not displayed publicly.
• REST API responses include verbatim source text only when You read Your own private Disk with Your own API key. Saved-from-other-users Disks are not exposed via the API. Public / unlisted Disks return only AI Output, key points, and bounded ≤200-character snippets — never full source.

You agree to defend, indemnify, and hold harmless SkillDiscs, its operators, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, suits, actions, judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

1. Your Content, including any third-party claim that Your Content infringes intellectual-property or other rights;
2. Your breach of any of the warranties in Section 3 (ownership warranty);
3. Your violation of the Acceptable Use Policy in Section 4;
4. Your use of the Service or the API in violation of any law or third party right;
5. Any unauthorised use of Your account or API key resulting from Your failure to safeguard credentials.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. Your indemnification obligation under this Section 7 remains unchanged regardless of whether We choose to lead the defence, and You shall bear all costs and expenses (including reasonable attorneys' fees) incurred in that defence. You agree to cooperate fully with Our defence of any such claim.

All AI Output on the Service is generated by third-party large language models, including but not limited to Google Gemini. Per EU Regulation 2024/1689 (the EU AI Act), Article 50, We label AI-generated content as such on every public surface and in every API response (ai_generated: true).

AI Output may be inaccurate, incomplete, biased, or out-of-date. You are responsible for verifying any AI Output before relying on it for any purpose, including but not limited to academic, medical, legal, financial, or professional decisions. We make no warranty as to the accuracy, completeness, or fitness for any particular purpose of AI Output.

If You re-publish, re-broadcast, embed, or otherwise display AI Output to third parties, You must continue to label it as AI-generated as required by Art. 50 of the EU AI Act.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: the Service is provided "AS IS" and "AS AVAILABLE". We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.

IN NO EVENT SHALL SKILLDISCS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED EURO (€100) OR (B) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. To the extent the foregoing exclusions or limitations are unenforceable in Your jurisdiction, they shall be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including (in jurisdictions where applicable) liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

We review copyright and illegal-content complaints first under German law, especially UrhG, UrhDaG and DDG/DSA notice routes. EU DSM Directive Article 17 and US/DMCA 17 U.S.C. § 512 notices are handled where applicable as supplemental routes. Submit complaints via the form at /dmca. We respond to valid notices within 48 hours and apply a repeat-infringer policy as described in Section 5. Counter-notices follow the procedure published on the same page.

We process personal data in accordance with our Privacy Notice and German/EU privacy law first, especially GDPR/DSGVO, BDSG and TDDDG. CCPA/CPRA and other global privacy rights apply only where applicable. Depending on the Content You upload and Your use case, You may remain responsible for ensuring that You have a lawful basis to process any personal data contained in the Content.

We keep security, ingestion, billing, and takedown audit records where needed for accountability, abuse prevention, contract performance, legal compliance, or legal defence. Retention depends on the purpose, statutory duties, and relevant limitation periods.

We may suspend or terminate Your account, with or without notice, if We have a reasonable belief that:

• You are in breach of these Terms (including the AUP);
• You are subject to a valid takedown notice qualifying You for the repeat-infringer policy in Section 5;
• Your use of the Service threatens the security, stability, or integrity of the Service;
• We are required to do so by law, court order, or competent authority.

On termination, We may delete Your Content, Your Disks, and all derived AI Output without further notice.

We may modify these Terms from time to time. Material changes will be communicated by in-app notice, by email, or by re-prompting acceptance the next time You log in. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. The version identifier (currently 2026-07-04-v4) and the effective date appear at the top of this page.

These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict-of-laws provisions. Where legally permissible, the courts competent for the operator's place of business in Germany shall have jurisdiction. Nothing in this section shall limit Your statutory consumer-protection rights in Your country of habitual residence.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. These Terms (together with the Copyright Policy and any plan-specific terms) constitute the entire agreement between You and Us with respect to the Service and supersede all prior agreements on the subject.

For questions about these Terms: hung@theaiwhisperer.de For copyright takedowns: /dmca (preferred) or hung@theaiwhisperer.de