General Terms and Conditions with Customer Information

Last Update: 3. December 2025

Table of contents

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between GeoLambda GmbH (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  3. All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
  4. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  5. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
  6. "Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
  7. Regardless of the terminology used in the GTC, such as "Vendor", the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.
  8. The offer of the Vendor is directed exclusively to Customers who are entrepreneurs (also referred to as "Business Customers" or "B2B"). By placing an order or registering as a Customer, Customers declare that they are an entrepreneur and not a consumer.

2. General Information on Offers and Orders

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Contract Text and Contract Language

  1. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
  2. The contract languages are German and English, contracts can be concluded in these languages.

4. Digital Contents

  1. "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
  2. The provisions of these GTC apply accordingly to the sale of Digital Content.
  3. The provisions of these GTC shall apply accordingly to the sale of tangible media that serve exclusively as carriers of digital content.
  4. Digital Contents are provided to the Customer in the form of a download possibility.
  5. Digital content is delivered to the buyer in the form of a continuous stream of data, referred to as a "Streaming".
  6. Digital content is sent to the Customer by e-mail to the e-mail address provided.
  7. The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
  8. The Digital Content will be made available to the Customer Account, provided that a Customer Account has been created.
  9. The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased Digital Content expires.
  10. For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).

5. Production and processing according to the Customer's specifications

  1. If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
  2. The Customer shall be informed of his required Cooperation within the product description or the ordering process.
  3. In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
  4. The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.
  5. The Vendor shall not bear any costs for the Cooperation of the Customer.
  6. The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
  7. The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

6. Service-related rights and obligations of the contractual parties

  1. "Services" within the meaning of these Terms and Conditions are activities owed by the Service Provider, which are based on an agreed action or cooperation and are provided online or on site in accordance with the contract.
  2. The provisions of these Terms and Conditions apply accordingly to contracts for services unless otherwise stipulated in this section.
  3. The specific scope of services is determined by the respective service description, the offer or the individual agreement between the Service Provider and the Customer. Only the scope of activity or support defined therein is decisive. The Service Provider does not owe any particular result, but rather the careful, professional and best possible execution of the agreed activity (contract for services). Recommendations, assessments or proposals for action made by the provider expressly do not constitute a guarantee or assurance of success. Changes or extensions to the agreed scope of services, in particular commitments regarding specific results, require prior consultation and approval by both parties and may lead to additional effort as well as a corresponding adjustment of remuneration.
  4. If the description of the assignment is insufficient or its scope is doubtful in certain cases, the services to be provided shall include those tasks which are standard in the industry and required by the circumstances, and which are necessary to achieve the agreed contractual purpose to an appropriate extent.
  5. Changes or extensions to the originally agreed scope of services ("Change Requests") may be proposed by either party. The Service Provider shall review each change request from the Customer and promptly inform the Customer whether the requested adjustment is technically and organisationally feasible, what impact it will have on the service period, and whether it will result in additional effort beyond the originally agreed scope of services. If a change request results in additional effort, this must be remunerated separately by the Customer. Remuneration shall be based on the agreed hourly rates or, if not specified, on the usual hourly rates of the Service Provider. Should changes to schedules, cooperation obligations or delivery dates arise as a result of a Change Request, these shall also be recorded as part of the adjustment agreement. Change Requests and their acceptance, rejection or implementation require text form (e.g., email), unless otherwise agreed. Without such written confirmation, the originally agreed scope of services remains decisive.
  6. Insofar as the Service Provider provides its services on the basis of information, documents, access, systems or other materials to be provided by the Customer, the Customer shall make these available to the extent necessary for fulfilment of the contract, in a proper manner and within a reasonable period. The Customer is responsible for the accuracy, currency and legal admissibility of the use of this content, insofar as this can reasonably be expected under the circumstances. The Service Provider's services regularly require appropriate cooperation and coordination from the Customer. If such cooperation is omitted or delayed for reasons attributable to the Customer, agreed deadlines and dates may be extended accordingly. Any additional expenses or delay costs that are reasonably and demonstrably incurred by the Service Provider as a result may be charged to the Customer.
  7. The Service Provider does not conduct a legal review of the information, content, specifications or materials provided by the Customer. Unless expressly agreed otherwise and insofar as it is reasonable for the Customer under the circumstances, responsibility for ensuring that their use within the scope of the agreed services is legally permissible, free from third-party rights and suitable for the agreed purposes rests solely with the Customer. The Customer is obliged to carry out or arrange for any necessary legal reviews in good time and on their own responsibility.
  8. Dates shall be considered as non-binding reference values, unless otherwise agreed in writing or in text form (e.g. by email) and expressly confirmed as binding. The Vendor is entitled to provide the agreed services within a reasonable and acceptable timeframe.
  9. Agreed appointments for services may only be rescheduled by the Customer with timely notice and with the Provider's consent. In the event of short-notice cancellations, the Provider may charge a reasonable cancellation fee, provided that the Customer is responsible for the cancellation.
  10. The remuneration is determined by the respective offer or service description and shall, unless otherwise agreed, be payable subsequently after the performance of the service or on the agreed due dates. The payment terms set out in these Terms and Conditions apply.
  11. The Service Provider is entitled to use assistants, knowledgeable third parties, as well as other vicarious agents and performing agents for the provision of the agreed services, provided this does not conflict with the purpose of the contract. The selection is made at due discretion and in accordance with confidentiality and data protection obligations.
  12. Travel, transportation and other incidental expenses shall be borne by the Customer unless the parties agree otherwise. Details are set out in the respective service description or agreement. Appointments not attended or cancelled by the Customer at short notice may be charged as cancellation or no-show fees, provided the Customer is responsible for the cancellation.
  13. If services are provided online, by video call, telephone, email or other means of remote communication, it is the responsibility of the Customer to ensure a stable and suitable internet or communication connection, insofar as this can reasonably be expected under the circumstances. Disruptions or failures that fall within the Customer's area of responsibility may result in delays or interruptions to the provision of services. In such cases, the Service Provider is not obliged to perform the services again without reasonable adjustment to the schedule or additional effort.
  14. If the Customer identifies a defect in a service provided and asserts rights regarding defects, the Customer should notify the Vendor of this within a reasonable period. The Vendor is entitled to remedy the defect within a reasonable period or to provide the service again without defects. For the purpose of examining and rectifying a defect, the Customer must enable the Vendor to provide any necessary cooperation, insofar as this can reasonably be expected under the circumstances. Insofar as the Customer is a commercial enterprise, the statutory duties of inspection and notification of defects also apply.
  15. In the event of force majeure or other unforeseeable circumstances that significantly impede or prevent the provision of services, the Service Provider is entitled to postpone appointments or deliver services at a later date. This includes, in particular, illness, accident, legal restrictions, official orders, failures of power supply, servers or infrastructure, natural events or other comparable situations. The Service Provider shall inform the Customer of such circumstances without undue delay and, where possible, offer alternative dates. The Customer is not entitled to reimbursement of travel expenses, downtime costs or any other expenses in such cases.

7. Coaching services

  1. Coaching services within the meaning of these Terms and Conditions are person-centred, process-oriented support services provided by the Provider to the Customer online, by telephone or on-site. Coaching is intended to support reflection, clarification of goals and the Customer's personal and/or professional development and does not constitute therapy, medical treatment or legal or tax advice. The provisions of this section apply in addition to the general provisions on services and shall prevail in the event of any conflict.
  2. The specific subject matter and scope of the coaching, in particular the number and duration of sessions, the formats (e.g. individual coaching, group coaching, programmes) and the topics covered are determined by the respective service description, the offer or the individual agreement. Coaching is a goal- and solution-oriented development process and may include, as agreed, conversations, exercises and reflection tasks.
  3. Coaching is not a substitute for medical, psychological, psychotherapeutic or any other healthcare treatment and is not intended for the diagnosis or treatment of physical or mental illnesses. The Provider does not make diagnoses, does not practise medicine and does not treat diseases. Coaching furthermore does not include legal, financial, investment or tax advice, and the Customer remains responsible for consulting suitably qualified professionals on such matters.
  4. Coaching is an interactive process, and its progress and impact depend significantly on the Customer's active participation and openness. The Provider offers process-oriented support, while all decisions, actions and implementation of coaching content remain solely the Customer's responsibility. Any recommendations or impulses provided by the Provider do not constitute binding instructions for action.
  5. The Provider does not guarantee that specific results, progress or developments will be achieved through the coaching process. The success of coaching depends largely on the Customer's own responsibility, motivation and implementation. The Customer remains solely responsible for their personal, professional and economic development.
  6. The Customer undertakes to provide all information relevant to the coaching truthfully and to actively participate in the coaching process. The Customer must ensure appropriate conditions such as punctuality, focus and a distraction-free environment. Failure to provide necessary cooperation may impair the coaching process or lead to delays.
  7. Coaching may be provided online, by telephone or on-site. The specific mode of delivery is agreed between the parties or determined by the Provider based on appropriate professional considerations. The Provider may adjust methods, procedures, content or tools at its professional discretion, insofar as this is reasonable for the Customer. For online formats, the Customer is responsible for ensuring a stable connection and suitable technical equipment.
  8. Scheduled coaching appointments are binding, and cancellations by the Customer must be made in writing or in text form. Cancellations made up to 48 hours before the appointment are free of charge; later cancellations or no-shows may be charged in full if attributable to the Customer. In the event of illness or force majeure on the Provider's side, an alternative appointment will be offered; further claims are excluded.
  9. The Provider shall treat all information obtained during the coaching process as confidential, unless statutory disclosure obligations apply. Coaching content may not be shared with third parties without the express consent of the respective other party. This also applies to group formats, in which all participants are obliged to maintain confidentiality.
  10. For group coaching sessions, the agreed number of participants is binding. The Provider may take appropriate measures in the event of disruptions to the group process, including excluding individual participants if necessary and reasonable. The Customer agrees to respect the privacy and confidentiality of information shared by other participants.
  11. Audio or video recordings by the Customer are only permitted with the Provider's prior express consent. The Provider will only create recordings if this has been agreed and is permissible under applicable data protection law. Internal notes or documentation prepared by the Provider serve solely as process support and will not be disclosed unless expressly agreed otherwise.
  12. Materials provided by the Provider during the coaching process, such as worksheets, exercises or presentations, may be used by the Customer solely for their own purposes. Disclosure, reproduction or any other use by third parties is only permitted if expressly authorised by the Provider.
  13. For on-site coaching sessions, the venue's house rules and any additional safety or usage regulations apply. The Customer undertakes to follow the instructions of the Provider or on-site staff insofar as such instructions are necessary for the safe and proper execution of the coaching session.
  14. The Provider reserves the right to exclude Customers from coaching if their behaviour disrupts the process, violates conduct rules or otherwise renders continued cooperation unreasonable. In such cases, the Customer shall only be entitled to reimbursement for paid but not yet provided services; any further claims are excluded.
  15. Coaching packages and agreed session quotas must be used within the specified duration. Sessions not used within the agreed timeframe expire unless otherwise agreed between the parties. Any extension or postponement of the duration requires a separate agreement.
  16. The Provider may replace the assigned coach for legitimate reasons such as illness, unavailability or organisational requirements. The Provider may also adjust appointments or change the mode of delivery if this is reasonable for the Customer. Any substantial adjustments to the scope of services require prior consultation and mutual agreement.

8. Cancellation conditions for services

  1. The Customer may cancel a booked service prior to the start of performance. The cancellation must be made in text form, for example by email. The relevant point in time for calculating any cancellation fees is the moment the Provider receives the cancellation. Statutory rights of withdrawal remain unaffected.
  2. The cancellation provisions do not affect the statutory rights of Customers who are consumers to withdraw from, rescind, or otherwise terminate the contract. Statutory mandatory rights of consumers remain unaffected by the cancellation provisions.
  3. Unless the parties agree otherwise, the following cancellation rules apply to consumers, whereby the consumer retains the right to prove that no damage or substantially less damage has occurred:
    • Cancellations up to 14 days before the agreed start of service are free of charge.
    • For cancellations between 13 and 7 days before the start of service, a flat compensation fee of 30% of the agreed remuneration will be charged.
    • For cancellations less than 7 days before the start of service or in the event of no-show, the flat compensation fee amounts to 60% of the agreed remuneration.
    The above flat rates take into account, in particular, the fact that the appointment reserved for the consumer generally cannot be reassigned at short notice, resulting in a loss of income. This occurs because the reserved time could not be used otherwise, preparation- or material-related expenses were incurred, or third-party services were already commissioned. In addition to the stated flat rates, any further damage may be claimed if such damage has occurred and is proven by the provider. These cancellation rules do not affect the consumer's statutory rights of withdrawal, cancellation, or any other rights to terminate the contract.
  4. Unless otherwise agreed by the parties, the following cancellation rules apply to Customers who are entrepreneurs, whereby the Customer retains the right to prove that no loss or a significantly lower loss has occurred:
    • Cancellations up to 14 days before the agreed commencement of services are free of charge.
    • For cancellations between 13 and 7 days before commencement of services, 50% of the agreed remuneration will be charged.
    • For cancellations less than 7 days before commencement of services or in case of non-attendance, 100% of the agreed remuneration will be charged.
  5. If a cancellation is made at a time when the Provider has already begun delivering the service, the Customer shall owe prorated remuneration for the services already provided as well as reimbursement of demonstrable expenses incurred in connection with the performance, insofar as these could not reasonably have been avoided. For lump-sum remuneration agreements, the calculation is based on the ratio between the services already provided and the total scope contractually agreed.
  6. A free cancellation is possible if unforeseeable, serious circumstances arise that demonstrably render participation unreasonable for the Customer. This also applies in well-founded exceptional cases involving a close family member where the situation requires the Customer's immediate personal presence. Such circumstances may include medical emergencies requiring inpatient or intensive care treatment, severe accident-related injuries or deaths, as well as significant property damage caused by fire, natural events or traffic accidents on the day of the event. To qualify for a free cancellation, appropriate evidence must be submitted within a reasonable period.

9. Digital Services

  1. "Digital Service" means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.
  2. The provisions of these GTC shall apply accordingly to Digital Services.

10. Duration, termination and renewal of service contracts

  1. The service is provided as a continuous performance over an extended period or at regularly recurring intervals (continuing obligation) and may be ordinarily terminated by either contracting party.
  2. The right to extraordinary termination for good cause remains unaffected for both contracting parties. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, it cannot reasonably be expected that the contractual relationship will be continued until the end of the notice period. Good cause may in particular exist if i) the Customer fails to make agreed payments despite a reminder, ii) required acts of cooperation by the Customer are not performed and this significantly impedes or makes it impossible to provide the service, iii) the Customer breaches material contractual obligations or behaves in a manner that is significantly contrary to the contract, or iv) provision of services becomes impossible or unreasonable due to force majeure or unforeseeable circumstances within the meaning of these Terms and Conditions.
  3. In the event of an extraordinary termination, services already provided by the Service Provider shall be remunerated on a pro-rata and reasonable basis. If payments have been made in advance, a proportional refund shall be issued for services that can no longer be provided due to the extraordinary termination. In the case of ordinary termination, remuneration shall be determined according to the agreed billing or contract period. Payments made in advance will only be refunded on a pro-rata basis if the contract does not provide for a minimum term and the Customer can ordinarily terminate the contract before expiry of the prepaid period. Otherwise, in the case of ordinary termination, there is no entitlement to a proportional refund if the Customer has chosen a specific contract term or a discounted prepayment period and this term can continue.

11. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.

12. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
  5. Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
  6. The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

13. Purchase on account

  1. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
  2. For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

14. Copyright and Rights of Use

  1. The documents, instructions, informational materials, products and media – such as photographs, images, graphics, videos or audio recordings (hereinafter referred to as "Protected Content") – provided by the Vendor to the Customer may, unless expressly agreed otherwise, be used exclusively for the individual and contractual use by the Customer. In addition, they are protected by intellectual property rights, in particular copyright. The rights of use and exploitation of the Protected Content remain with the Vendor or the respective rights holders. The Customer undertakes to acknowledge and observe these usage restrictions as well as the intellectual property rights.
  2. The Customer is granted simple rights of use to utilise the acquired Protected Content for contractual purposes. Any further use or exploitation of the Protected Content is not permitted. In particular, Protected Content may not be reproduced, distributed, made publicly accessible on the internet or intranets, or otherwise made available to third parties.
  3. The Customer is not authorised to modify the Protected Content in terms of content, technology or editorial aspects, unless this is strictly necessary for contractual use, expressly permitted by the rights holder or allowed by law.
  4. The Vendor expressly reserves the right to use the Protected Content for commercial text and data mining. Text and data mining is the automated analysis of individual or multiple digital or digitised works in order to obtain information from them, particularly regarding patterns, trends and correlations. In particular, the Protected Content may not be used for the development, training, programming, improvement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content, regardless of whether such content is protected by copyright. Furthermore, the purchaser undertakes to take reasonable and necessary measures to ensure that the acquired Protected Content is not subjected to text and data mining. This includes, for example, incorporating corresponding notices into their own terms of use and ensuring that employees are appropriately instructed (especially in relation to digital content). The specific details depend on the type of Protected Content and the nature of its use.
  5. If the Protected Content is subject to a specific usage licence, the Customers will be informed about the usage licence. In this case, the provisions of the usage licence shall take precedence over these Terms and Conditions.
  6. If the Vendor provides services in advance, the Customer shall receive a simple, non-transferable and revocable right to use the Protected Content until full payment of the remuneration owed has been made.
  7. If there is a justified suspicion of misuse or a significant breach of these provisions for the protection of Protected Content, the Service Provider is entitled to take appropriate verification and protective measures until the suspicion has been clarified. In the event of serious breaches or breaches that continue despite a warning, the Service Provider is entitled to terminate the contractual relationship without notice. The Customer shall be liable for damages incurred by the Service Provider as a result of a culpable breach of duty attributable to them.

15. Warranty and Liability

  1. The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
  2. The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
  3. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
  4. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
  5. The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.

16. Data protection and confidentiality

  1. The Provider processes personal data exclusively in accordance with the applicable data protection regulations and only to the extent necessary for the performance of the contract. Details regarding data processing and the rights of data subjects can be found in the Provider's privacy policy.
  2. Both parties undertake to treat all confidential information obtained in the course of the contractual relationship as strictly confidential. Confidential information includes, in particular, personal data, personal circumstances, the content of discussions or consultations, documents, concepts and business or trade secrets, provided such information is not publicly known or was already lawfully accessible to the other party. Disclosure to third parties requires the express consent of the affected party; such consent may be dispensable if disclosure is clearly in the interest of the affected party and it can reasonably be assumed that they would grant consent. The obligation of confidentiality does not apply to information that must be disclosed due to legal requirements, governmental or judicial orders, or where disclosure is necessary to protect legitimate interests, for example if a party must defend itself against personal accusations using accurate factual information. Disclosure to individuals within the private or professional environment of either party is not permitted. The confidentiality obligation continues to apply appropriately beyond the termination of the contractual relationship.

17. Final provisions

  1. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

18. Consumer Dispute Resolution

We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.