I. General Terms and Conditions (GTC) of teech Education GmbH

Status: November 2021

IMPORTANT NOTE: For participants who use the teech circles as private users, the following additional conditions apply the following supplementary conditions.

I. General part

1. scope of application

1.1 These GTC shall apply to all contracts concluded between you (hereinafter also referred to as the "user") and teech, unless expressly agreed otherwise in writing between you and us. Deviating or conflicting terms and conditions shall not be recognized by us unless we have expressly agreed to them in writing.

These GTC apply to all services (hereinafter referred to as "services") provided by teech; the service to be provided is specified in the respective order confirmation.

Depending on the type of license and/or product, our offers and these GTC may be aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB), as well as companies within the meaning of Section 14 BGB, public authorities and individuals in an educational and training-related context (teachers, trainers, etc.).

1.2 teech is entitled to amend these GTC at any time with effect for the future. You will be notified of changes in writing, by fax, by e-mail or within the platform. If you do not object to an amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by you. You will be informed separately of the right to object and the legal consequences of remaining silent in the event of changes to the GTC.

2 Conclusion of contract, contract language

2.1 By placing an order or signing an offer, you submit a binding offer to purchase or book our services. You will receive a confirmation immediately after sending the order, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail within 7 days. Please check the SPAM folder of your e-mail inbox regularly. Active participation in a circle is valid as soon as the corresponding service can be used/the corresponding circle begins and the access data has been handed over to the user by teech and the user thus has the opportunity to make use of the offer.

2.2 The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.

3. data protection and confidentiality

3.1 We will process all personal data provided by you (such as title, name, address, date of birth, email address, telephone number, etc.) exclusively in accordance with the provisions of the EU GDPR. Further information can be found in our privacy policy.

3.2 teech undertakes to maintain strictest secrecy about all confidential processes of which it becomes aware in the course of the preparation, execution and fulfillment of this contract, in particular business or trade secrets of the users, and not to pass them on or exploit them in any other way. This applies to any unauthorized third parties, i.e. also to unauthorized employees of both teech and the users, unless the disclosure of information is necessary for the proper fulfilment of teech's contractual obligations. In cases of doubt, teech shall obtain the user's consent prior to such disclosure.

3.3 Upon confirmation of these GTC, the parties shall also conclude the attached contract for the processing of personal data on behalf (DPA), insofar as this is required by data protection regulations, which shall expressly form part of these GTC (see Annex).

4. terms of payment

4.1 The purchase price is due immediately upon ordering but no later than 30 days after receipt of a verifiable invoice. The available payment methods can be found in the descriptions of the respective license packages. Further information on other payment methods is available on request from your contact person, unless they are explicitly listed in the purchase process.

4.2 Objections to the invoice for the services provided by teech must be raised by the users in writing to the office indicated on the invoice within two weeks of receipt of the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the users.

5. provision of services

5.1 We shall provide the services in accordance with the agreements made with you. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. 

5.2 If we do not provide the service or do not provide it in accordance with the contract, you must set us a grace period of 4 weeks to provide the service. Otherwise you are not entitled to withdraw from the contract.

6. liability

6.1 We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the user may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The aforementioned exclusions of liability shall not apply in the event of injury to life, limb or health.

6.2 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online services.

6.3 In the event that teech's services are used by unauthorized third parties using the user's access data, the user shall be liable for any fees incurred as a result within the scope of civil liability until receipt of the user's customer order to change the access data or report the loss or theft, provided that the user is at fault for the unauthorized third party's access.

6.4 teech shall be entitled to block the storage space immediately if there is reasonable suspicion that the stored data is unlawful and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or infringement of rights shall be deemed to exist in particular if courts, authorities and/or other third parties inform teech thereof. teech shall inform the users of the block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated.

6.5 Claims for damages against teech are excluded, regardless of the legal grounds, unless teech, its legal representatives or vicarious agents have acted with intent or gross negligence. In the event of slight negligence, teech shall only be liable if one of the material contractual obligations has been breached by teech, its legal representatives or executive employees or vicarious agents. teech shall only be liable for foreseeable damage that can typically be expected to occur. Material contractual obligations are those obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on the fulfillment of which the users may rely.

6.6 teech shall not be liable for the loss of data to the extent that the damage is due to the fact that the users have failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort. 

7 Term and termination

7.1 Details can be found in section II. License packages and details.

7.2 The right of each contracting party to terminate the contract without notice for good cause shall remain unaffected. In particular, teech shall be entitled to terminate the contract without notice if the users fail to make due payments despite a reminder and a grace period or violate the contractual provisions on the use of the SaaS services. Termination without notice shall in any case require that the other party be given a written warning and requested to remedy the alleged reason for termination without notice within a reasonable period of time.

8. final provisions

8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.2 The exclusive place of jurisdiction for disputes arising from this contract is the customer's registered office.

8.3 No verbal collateral agreements have been made. Amendments, supplements and additions to these provisions shall only be valid if they are agreed between the parties in writing. This also applies to the amendment of this provision.

8.4 Should a provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same shall apply in the event of a gap in the contract.

Conditions for the provision of Software-as-a-Service services

The above general part of the Terms and Conditions also applies to Software-as-a-Service services (hereinafter: SaaS service), unless otherwise stipulated below.

1. subject matter of the contract

1.1 The subject matter of the contract is the:

1.1.1 temporary provision of the "teech" software (hereinafter also referred to as "Software") for use via the Internet and 

1.1.2 Provision of storage space on the servers of teech.

1.2 teech is permitted to involve subcontractors in the provision of storage space. The use of subcontractors does not release us from our obligation to you to fulfill the contract in full.

2. software licensing

2.1 For the duration of this agreement, teech shall make the current version of the software available to users via the Internet for a fee, with the exception of the freemium license. For this purpose, teech shall set up the software on a server that is accessible to the users via the Internet.

2.2 The current functional scope of the software is set out in the following service description:

a) Setup and administration of users
b) Administration of the calendar and appointment management for the use of the virtual classroom for collaborative teaching formats
c) Use of the virtual classroom including video/sound transmission and the tools available for the administration of lessons

3. rights of use to the software

3.1 teech grants the users the non-exclusive, non-transferable right, limited to the location of the contractual relationship, to use the software specified in this contract for a limited period of time during the term of the contract within the scope of the SaaS services as intended.

3.2 Users may only process the software insofar as this is covered by the intended use of the software in accordance with the current service description.

3.3 Users may only reproduce the software insofar as this is covered by the intended use of the software according to the current service description. Necessary reproduction shall include loading the software into the working memory on teech's server, but shall not include even temporary installation or storage of the software on data carriers (such as hard disks or similar) of the hardware used by the user.

3.4 Users are not entitled to make the software available to third parties for use, either for a fee or free of charge. Users are therefore expressly not permitted to sublet the software. Contracts with teech Education GmbH that permit such a procedure are excluded.

3.5 The right to decompile the software is only granted under the condition of § 69e para. 1 no. 1-3 UrhG and within the scope of § 69e para. 2 no. 1-3 UrhG.

4. granting of storage space

4.1 teech shall provide users with a defined storage space on a server for storing their data. The users, including the persons belonging to their organization, can jointly store content on this server in the future. Users shall be informed of the amount of storage space available as part of the usage as well as the ordering and registration process. If the storage space is no longer sufficient to store the data, teech will inform the users accordingly. The users can reorder corresponding quotas subject to availability at teech.

4.2 teech shall ensure that the stored data can be accessed via the Internet.

4.3 The users are not entitled to transfer this storage space to a third party for use in part or in full, for a fee or free of charge.

4.4 teech is obliged to take suitable precautions against data loss and to prevent unauthorized access to the user's data by third parties. To this end, teech shall make daily backups, check the user's data for viruses and install state-of-the-art firewalls.

4.5 Upon termination of the contractual relationship, teech shall return all data stored on the storage space allocated to it to the user upon request within a period of 4 weeks.

4.6 The data shall be released at the User's discretion by sending it via a data network. Users shall not be entitled to receive the software suitable for using the data. Instead, users may, at their discretion, demand the complete deletion of all data.

4.7 teech shall have neither a right of retention nor the statutory landlord's lien (Section 562 BGB) with regard to the user's data.

5. duties to cooperate

5.1 Users must report any errors that occur immediately to teech by e-mail or via the help category on the website, giving a precise description of the problem.

5.2 The cooperation required for the performance of the contractual services must be provided in full and in good time. The obligations to cooperate include the following activities in particular:

a) It is prohibited to transfer data or content to our servers that violates legal regulations or infringes third-party property rights or copyrights or other third-party rights;
b) in the event of an error message, all documentation, logs and other information relevant for troubleshooting must be made available immediately;
c) only data that is free of computer viruses or other malicious code may be transmitted;
d) no software or other techniques or procedures may be used in connection with the use of the contractual software that are likely to impair its operation, security and availability. 

6 Obligations of the users

6.1 Users are obliged to take suitable precautions to prevent unauthorized access by third parties to the protected areas of the software. To this end, users shall, where necessary, inform their employees or assigned users of compliance with copyright law.

6.2 Users undertake not to store any content on the storage space that glorifies violence, is pornographic, discriminatory, racist, offensive, defamatory or illegal in any other way, the provision, publication or use of which violates applicable law or agreements with third parties.

6.3 Notwithstanding teech's obligation to back up data, the users themselves shall be responsible for entering and maintaining the data and information required to use the SaaS services.

6.4 Users are obliged to check their data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.

6.5 Users will receive a registration link for initial access to the SaaS Services in order to provide further information and generate a password required for further use of the SaaS Services. Users are obliged to keep this user data secret and not to make it accessible to third parties.

6.6 The content stored by the users on the storage space intended for them may be protected by copyright and data protection laws. The users hereby grant teech the right to make the content stored on the server accessible to the users when they request it via the Internet and, in particular, to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup.

II License packages and details

1. types of licenses

2. freemium model

Users can register for teech free of charge based on a freemium model. Users are permitted to use teech's services within a limited framework.

3. notice of termination: Form and deadlines

III Appendix