Terms and Conditions – AIAct-Akademie

§ 1 Scope

(1) These GTC apply to all contracts between AIAct-Akademie (hereinafter "Operator") [Bremer Straße 163, 27751 Delmenhorst] and companies (hereinafter "Customers").

(2) Our offers are exclusively aimed at entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from use.

(3) By concluding the contract, the customer agrees that only the general terms and conditions of the Operator apply to the contract in question. If the customer includes their own GTC in the contractual relationship, these do not apply insofar as they deviate from the provisions of the Operator's GTC. The Operator expressly objects to the inclusion of such provisions in the contractual relationship with customers.

§ 2 Subject of Contract

(1) The Operator offers digital training content for implementing the requirements of Regulation (EU) 2024/1689 (EU AI Act). The training is aimed at companies that want to qualify their employees in accordance with Art. 4 EU AI Act.

(2) The training does not replace legal advice or verification of AI compliance. The customer remains responsible for the actual implementation of the obligations. The training does not guarantee that the participant can fully apply the requirements of Regulation (EU) 2024/1689 (EU AI Act) after successful completion. The success of the training depends individually on the participant. Insofar as the Operator issues certificates or testimonials after successful completion of the training content, these only certify that the offered training content has been fully accessed.

(3) The specific design of the training content is at the discretion of the Operator. This is a general training without claim to completeness with regard to any specific industries of the customer.

§ 3 Contract Conclusion

(1) The presentation of services or products on our website does not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer.

(2) By clicking the "Book with payment obligation" or "Buy now" button, the customer submits a binding offer to conclude a contract for the service or goods contained in the shopping cart (§ 145 BGB).

(3) The contract is only concluded upon express acceptance of this offer, which is made by sending an order or booking confirmation by email. The automatically generated confirmation of receipt of the booking (e.g., order confirmation) does not yet constitute acceptance of the contract.

(4) The complete contract text is not stored by the Operator. Before submitting their offer, the customer receives an overview of their booking and the opportunity to recognize and correct input errors. The contract is concluded in German.

(5) The contract and the training content are concluded or made available in German, unless expressly agreed otherwise.

§ 3a Updates and Legal Development

(1) The Operator is entitled to update or revise the content of the training offers as needed, particularly with regard to changes or clarifications to the EU AI Act (Regulation (EU) 2024/1689) or other relevant legal frameworks. However, the customer has no claim to such updates.

(2) New regulatory requirements, including delegated acts, guidelines, or technical standards that come into force after the conclusion of the contract, are not automatically subject to the contract. The Operator may offer separate additional modules or contract adjustments to cover such new requirements.

(3) Already acquired licenses only entitle the user to use the training content provided at the time of contract conclusion. Automatic expansion to include later content is excluded unless expressly agreed.

§ 4 Contract Duration and Termination

(1) The term is 12 months from the conclusion of the contract. The contract is automatically renewed for another 12 months if it is not terminated in writing or in text form at least 30 days before expiration.

(2) Termination of the contract is excluded. Expressly excluded from this is extraordinary termination for good cause.

§ 5 License Model & Prices

(1) The customer acquires licenses per person to be trained.

(2) Prices are graduated according to the number of licenses. The prices published on the website or in the offer at the time of contract conclusion apply. All prices are exclusive of statutory VAT.

(3) The customer is not entitled to transfer acquired licenses to third parties without the consent of the Operator. This applies in particular to companies affiliated with the customer.

(4) There is no entitlement to a refund of unused licenses. If licenses expire before use or before the training content is accessed, there is also no entitlement to a refund.

§ 6 Payment Terms

(1) Payments are due immediately upon conclusion of the contract.

(2) Accepted payment methods: Credit card, SEPA direct debit, invoice.

(3) The Operator will activate access to the training content upon receipt of payment. If the customer falls into payment default, we reserve the right to block access until full payment including any default interest and reminder fees and to exclude the customer from accessing the training content.

§ 7 Usage Rights and Content Protection

(1) All content provided is protected by copyright. The customer is not entitled to distribute the training content internally. The purchase of training content requires a license from the Operator. The training content must be deleted after completion of the training.

(2) Making the training content available for any databases of artificial intelligence is expressly prohibited. If the customer suspects a use of the training content contrary to the contract, they are obligated to immediately notify the Operator.

(3) Use beyond the training (e.g., reproduction, distribution to third parties) is prohibited.

(4) In case of violations, the customer is obligated to pay a contractual penalty of up to EUR 5,000.00 per individual case. The exact amount is at the equitable discretion of the Operator within the meaning of § 315 BGB.

§ 8 Liability

(1) The contract is concluded with the exclusion of any warranty rights.

(2) The Operator is only liable for damages – regardless of the legal basis – in cases of intent or gross negligence. In cases of simple negligence, they are only liable for damages resulting from injury to life, body, or health, as well as for damages resulting from the breach of a material contractual obligation (cardinal obligation), whereby liability in these cases is limited to the typical, foreseeable damage.

(3) The Operator assumes no liability for the accuracy, completeness, or timeliness of the training content, unless intent or gross negligence can be attributed to them.

(4) The training offered by the Operator does not constitute individual advice. The Operator does not guarantee or assure that all training content will be internalized and mastered by participants after completion. The Operator is particularly not liable for participants achieving a certain level of knowledge, examination success, or professional status through the training or not requiring further training measures afterward.

(5) Any further liability is excluded, subject to paragraph 1 of this provision.

§ 9 Data Protection

Our separate privacy policy applies: Datenschutzerklärung.

§ 10 Jurisdiction and Applicable Law

(1) The parties agree to the applicability of German law.

(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is agreed to be the Operator's place of business.