Terms and conditions

1. Scope

These terms apply to the use of the Splityx platform, operated by Der Huber, Christian Huber, Odenwaldstraße 24, 69124 Heidelberg, Germany ("we"). They apply to customers who run tests and to voters who vote for payment. Diverging terms of the user do not become part of the contract unless we agree to them in writing.

2. Conclusion of contract and account

The user contract comes into effect on registration. Use requires legal majority; voters must be at least 18 years old. Exactly one account per person is permitted. A role is chosen at registration — customer or voter. That role cannot be changed afterwards; the other side needs its own account.

We may suspend or terminate an account where there are justified indications of multiple accounts, automated voting, systematically unusable feedback, or other abuse. Before a final decision you will be given the opportunity to comment, unless serious grounds prevent this.

3. What the platform provides

Splityx obtains feedback on uploaded variants. What we owe is the provision of the platform and the collection of the number of counted votes ordered. What we do not owe is a particular test result, a particular response time, or commercial success of the tested variant. The results are opinions expressed by voters and are not market research in the sense of a representative procedure.

A test ends as soon as the ordered number of counted votes is reached, the set deadline expires, or the customer ends it. Votes that fail the attention check do not count against the ordered quota.

4. Credits, prices, and payment

The service is used through credits. Credit pack prices are shown before purchase. A test consumes 5 credits per counted vote; for narrowly targeted audiences up to 14 credits. The price per vote is shown before the test starts.

When a test starts, the full amount is reserved. After the test ends, unused credits are credited back to the account automatically. All prices are final prices. Payment is handled by our payment provider Polar; their payment terms apply in addition.

Credits bought by customers or received as a starting balance do not expire and are not exchanged back into money. Exchanging back is possible only for voters and only for credits they earned themselves, under section 6.

5. Obligations of customers

Uploaded content must be free of third-party rights and must not contain unlawful material, material harmful to minors, or personal data of third parties. The customer grants us the non-exclusive right, limited to the duration of the test, to show the content to voters and to process the results. We may temporarily hide reported content and end the associated test; in that case unused credits are refunded.

6. Obligations of voters and payment

Voters cast their votes independently and truthfully. For each counted vote, a fixed reward in credits is credited, multiplied by the individual quality factor. A vote made in less than 1.5 seconds is rejected. A vote that fails the attention check is not counted, paid, or charged. A vote made in 1.5 to 4 seconds can be paid, but lowers the quality score and can flag the account. An optional reason can be empty or short and still be paid, but lowers the quality score. A customer can require a reason.

A payout is possible from 1000 credits (equal to €10.00). We review every request manually and normally pay out within 14 days of approval. Payouts depend on capacity in a reserve funded by paid customer orders after a 120-day refund and chargeback hold. If there is no capacity, the voter must try again later. When at least two active customers exist, the voter must have earned credits from at least two customers. Fraud signals suspend the payout until manual review is complete. If a request is rejected, the credits are credited back to the account.

If an administrator invalidates a disputed vote after payment, the customer gets the vote cost back. The voter keeps the reward.

No employment, service, or engagement relationship arises between a voter and us. Voters act independently and are themselves responsible for taxing their earnings and for any social security and trade law obligations. On request we will provide a statement of the amounts paid out.

7. Right of withdrawal

Consumers have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal you must inform us (Der Huber, Christian Huber, Odenwaldstraße 24, 69124 Heidelberg, Germany, info@splityx.com) by a clear statement of your decision. Sending the statement in good time is enough to meet the deadline.

Effects of withdrawal: We will refund all payments received without undue delay and at the latest within fourteen days of receiving your statement, using the same means of payment you used.

Early expiry: For the supply of digital content, the right of withdrawal expires if you have expressly agreed that we begin before the withdrawal period ends, and you have confirmed your awareness that you thereby lose the right of withdrawal. When credits are bought, we obtain that agreement during checkout. Credits already consumed by tests that have started are therefore excluded from withdrawal; unused credits are refunded.

We provide a model withdrawal form by email on request.

8. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. For simple negligence we are liable only for breach of a material contractual duty, the fulfilment of which makes proper performance of the contract possible in the first place and on the observance of which you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.

We are not liable for business decisions made on the basis of test results.

9. Term and termination

The contract runs for an indefinite period. You can terminate it without notice by deleting your account in the app under "Account". Before deletion, active tests must be closed and an open payment checkout must finish or expire. A checkout normally expires within 24 hours. We can terminate with 14 days' notice, and without notice for good cause.

A balance that has not been paid out is forfeited when the account is deleted. Voters who have reached the payout threshold should therefore request the payout before deleting. If we terminate without good cause, we also pay out an existing voter balance below the threshold.

10. Changes to these terms

We may change these terms where this is necessary to adapt to a changed legal situation, case law, or new platform features, and where you are not unreasonably disadvantaged by it. We announce changes by email at least six weeks before they take effect. If you do not object before that date, the changes are deemed accepted; we point this out separately in the announcement. In that case you may terminate without notice up to the date they take effect.

11. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only in so far as it does not remove the protection of mandatory provisions of the state of their habitual residence. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Heidelberg.

Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.