Last updated on March 1, 2019
Trickle is a platform for lifelong learning operated by Beautiful Company GmbH. We want to help people satisfy their innate curiosity and acquire the knowledge and capabilities to achieve their goals. We think we can leverage technology to enable lifelong learning in more efficient ways. Trickle helps people cultivate a learning habit by making it easy to learn new things in as little as 10 minutes a day.
The following Terms of Service set out the legal framework for using Trickle, please read them carefully.
Table of Contents
These Terms of Service constitute a legally binding agreement between you (you, your, user)and Beautiful Company GmbH Am Borsigturm 156, 13507 Berlin, Germany (we, us) concerning the use of the Trickle website (trickle.app) and any related applications (Trickle).
Trickle is a platform that provides lifelong learning in the form of courses that are made up of small units of information called drips. Users create a self-defined learning path by selecting the topics that most interest them and learn at their own pace.
Trickle is intended exclusively for individual consumers, where an individual is a natural person rather than an organization. Users should be at least 18 years of age and have full legal capacity to use Trickle. Children under the age of 14 are not permitted to use Trickle. Minors (generally under the age of 18 in most jurisdictions) must have the permission of, and be directly supervised by, their parent or guardian to use the Trickle. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using Trickle.
The foundation of Trickle is the content drip, which represents a unit of learning content with which a user can interact. Drips are available to visitors of trickle.app or associated applications without the need to create an account. To use the full functionality of Trickle it is necessary to create a user account. Registered users gain access to a richer set of features which can include creating a content queue, following courses, tracking progress etc.
We grant you a limited, non-exclusive, non-transferable and revocable right to use Trickle and interact with the content solely for personal and non-commercial purposes within the scope of these Terms of Service. Trickle does not guarantee the availability of any specific feature or content and reserves the right to change, limit or remove content or features of the service at any time. Unless explicitly stated otherwise, any new features that are added to Trickle, including the release of new tools and resources, shall be subject to these Terms of Service.
The right of use will lapse when your access to the respective service is no longer enabled e.g. after you have canceled your account or we have terminated it.
You agree that you will not:
We have the right to suspend or terminate your account and refuse any and all current or future use of Trickle (or any portion thereof) if you engage in any prohibited activities.
Much of the content on Trickle is available for any visitor to access, but some of the features of the service are only available to logged-in users. Users are not asked to pay for using Trickle when creating an account, but users who regularly use the service will be asked to pay once they have completed a number of courses.
If you are a consumer you have the right to withdraw payment within 14 days. You must inform us of your withdrawal via email: firstname.lastname@example.org.
Trickle is a registered trademark in Germany with pending trademark protection in the EU and the USA. The license to use Trickle does not give you the right to use the trademarks, trade names, logos, domain names, illustrations or other distinctive features of Trickle.
Trickle quotes, cites, previews and references third-party sources of information. We have no claim of ownership over such third-party information. Third-party content is explicitly linked to the source via hyperlinks. Other content is owned by us or licensed to us by a third-party. This content includes text, graphics, images, databases, tools, code, video, interfaces, web-pages, designs, information, software. You acknowledge and accept that you are expressly prohibited from using our content except in the context of the limited license granted to you by these Terms of Service.
Trickle provides links to and previews of third-party content for the purpose of making users aware of additional sources of information. Sources, quotes and preview images are clearly marked and linked to the original via hyperlinks. Trickle does not provide any guarantee of the availability or correctness of the information provided by those third-parties. Trickle expressly disclaims any responsibility for the content, legality, or accuracy of any information or for any products or services that appear on any third-party website or application.
Registered users on Trickle can create a user profile. Trickle claims no right to ownership over the data in the user profile. Users can also interact with the learning content such as commenting, providing feedback or suggesting alternative sources. You understand and agree that user-generated content may be viewed by other users and that they may be able to see who posted the content.
You are solely responsible for the content that you post within Trickle. We accept no responsibility for this content, nor do we monitor it. It is prohibited to post inappropriate content, which includes:
Trickle can delete or remove content that is illegal or inappropriate, at any time and without forewarning. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to terminate your account.
You can delete your account and terminate your use of Trickle at any time by locating the delete account option in the account settings. Once you have deleted your account, your user license will be revoked and you will no longer have access to your profile and we will delete all of the information contained in it.
We reserve the right to modify, temporarily suspend or permanently delete your account if we have reason to believe that you have breached or acted inconsistently with the Terms of Service. Following termination, your license will be automatically revoked and we reserve the right to delete your account, erase all or any information on your profile and discard any of your user-generated content. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
We accept no liability for deletion of information or content from your account. You acknowledge and accept that certain user-generated content may remain after the cancellation of your account (e.g. suggested sources). You agree that we shall not be liable to you for any modification or discontinuance of the service.
You understand and agree that the Services are provided “as is” and “as-available”. You use Trickle at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your knowledge or skills through the learning service. Access to Trickle may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
Learning content is subject to constantly evolving knowledge, availability of new information, diversity of opinions, etc. Courses are based on extensive research, but we do not guarantee that they reflect all available information or opinions. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
The information contained within Trickle is provided for information only. It is not a substitute for professional advice (e.g. health, financial, tax, etc.).
You acknowledge and warrant that we are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of content or data, data being inaccurate, the cost of recovering any data or content, inability to access Trickle, the cost of substitute services, claims by third parties for any damage to property.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature, our liability is limited to reasonable, foreseeable damage. If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, and on the fulfillment of which you as the consumer can rely or ought to be able to rely. Otherwise, our liability is excluded.
The maximum aggregate liability of us to you in relation to any paid services shall not exceed the total amount paid by you to us. If nothing has been paid by you and your use of Trickle, you shall not be entitled to any damages of any kind.
Statutory provisions apply to claims due to defective or faulty goods and services. Nothing in these Terms of Service affects your consumer rights.
If you violate any rights of a person or entity in the way that you use Trickle (e.g. by infringing their copyright), you agree to indemniy them and not hold us responsible for any loses, damages, costs, expenses or other liabilities arising from any claim brought by a third party. You are obligated to provide assistance in clarifying the disputed situation.
The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr/
We are neither willing nor required to participate in dispute settlement proceedings before a consumer arbitration board.
We will alert you about any changes by updating the “Last updated on” date of these Terms of Service. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Trickle after the date such revised Terms of Service are posted.
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these Terms of Service of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
The language of the contract is English.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us.
Should any individual provisions of these Terms of Service of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
Beautiful Company GmbH
Am Borsigturm 156
Commercial Register: District Court of Berlin-Charlottenburg HRB 197764
Managing Directors: Achim Rothe, Philip von Heydebreck
Tel: +49 30 2000 7990