General terms and conditions

 

Welcome to lawpilots. We are your experts for practical and modern online training courses. We qualify your employees in accordance with the latest law and teach data protection, compliance, IT security and occupational health and safety. We guarantee professional expertise and a high degree of topicality. And this high standard also applies to our General Terms and Conditions. The inclusion of general terms and conditions is a matter of trust, and your trust is important to us. We respect you as our partner. That is why we care strongly about providing general terms and conditions that are easy to understand and balanced.

In our General Terms and Conditions we inform you about how you can participate in our online training courses and which rules apply.

  1. Scope, general information, changes

1.1. These General Terms and Conditions (“Terms”) apply to participation in our Online Training Courses, the use of our Learning Platform, and the Additional Services we specify in our Offer to you (hereinafter also referred to collectively as the “Product”). We are lawpilots (LawPilots GmbH, Am Hamburger Bahnhof 3, 10557 Berlin, phone: +4930-555-707-860; email: info@lawpilots.com; hereinafter also referred to as “we” and “lawpilots”). For more information, please refer to our legal notice. When you visit our website or take part in our Online Training Courses, our data privacy statement applies additionally.

1.2. The capitalised terms used in these Terms have the meanings set out in Annex 1.

1.3. The legal relationship between you as a user of our Learning Platform and lawpilots shall be governed exclusively by these Terms. lawpilots will not recognise any deviating general terms and conditions or purchasing conditions on your part, unless we expressly agree to their validity in writing or include them in the Offer we make you.

1.4. In these Terms we inform you about how you can use the Product and which rules apply. The Product is aimed exclusively at natural or legal persons who use the Product in exercise of their trade, business or profession (“entrepreneurs”) and in particular not at natural persons who use the Product for predominantly private, non-commercial or non-professional purposes (“consumers”). 

1.5. If you wish to use our services for your employees, you undertake to inform your employees of the contents and validity of these Terms and to ensure that they also comply with the Terms.

1.6. lawpilots reserves the right to amend or supplement these Terms with effect for the future if the change is reasonable for the Client, taking into account the interests of lawpilots and the Client, or if it becomes necessary due to legal or official requirements. This authority to change the Terms does not apply to essential provisions of the Contract, in particular with regard to the type and scope of the services agreed by each party. If you are already a lawpilots client, lawpilots will inform you of any amendments and supplements to the Terms with reasonable advance notice in text form (e.g. by email or by notifying you when you log on to the Learning Platform), but at least five (5) weeks before the amendments/supplements are scheduled to take effect. The amendments/supplements will be deemed accepted by you if you do not object to the amendments/supplements in text form within five (5) weeks of receipt of the notification. If, on the other hand, you object in accordance with the previous sentence, the Contract shall continue to apply unchanged under the previous conditions until further notice. However, in the event of an objection, lawpilots shall, within two (2) weeks of receipt of the Client’s objection, be entitled to terminate the Contract for cause, in writing and subject to a notice period of a further four (4) weeks. In our notice of the change, lawpilots shall point out separately your right of objection and the aforementioned legal consequences of not responding.

  1. Object of the Contract, Contract conclusion

2.1. We offer practical and modern Online Training Courses on the topics of data protection, compliance, information security and occupational health and safety, as well as Additional Services where appropriate. The exact details of the content, scope and procedure of the Online Training Courses and Additional Services can be found in the respective Product descriptions and information.

2.2. You can book our Online Training Courses for the desired number of participants via our online booking portal or by contacting our sales team directly. Bookings via the online booking portal are made by selecting the relevant Online Training Course and number of participants and by entering the required information (such as information about you or your company, your payment details) as shown in the input fields and pressing the “Book now” button at the end of the booking process. Once you have booked, you will receive a booking confirmation from us containing the details of your Booking and the login details or retrieval instructions for the contractual Online Training Course, through which a Contract is concluded. Bookings via our online booking portal have a Contract term of 12 months and end automatically upon expiry of the Contract term.

If, on the other hand, you contact our sales team directly, then the Bookings are made when you accept the Offer. Once you have booked and we have received payment, we will send you the login details or retrieval instructions for the relevant Online Training Course. 

2.3. As a Client, you have the option of ordering Add-Ons (additional Licences or Additional Services such as language packages) during the Minimum Term of the Contract, which lawpilots will provide in accordance with the conditions agreed at the time of conclusion of the Contract. Unless otherwise agreed, a minimum of five (5) Licences per product shall apply to training products. Add-Ons ordered during the Minimum Term shall extend the existing Contract and shall also be made available again for use by the Client in the event of an automatic extension to the Contract. The Licence Term of Add-Ons shall be based on the remaining Licence Term of the originally booked products.   

2.4. If you decide to place a separate order, we offer you the option of integrating our Online Training Courses into your Client LMS. lawpilots reserves the right to object to the Client’s integration of Online Training Courses into the Client LMS for good cause. Good cause shall be deemed to exist in particular if the Client LMS used is an LMS of a competitor of lawpilots. The Client shall be responsible for successfully integrating the Online Training Courses into the Client LMS. lawpilots shall, however, endeavour to support the integration as far as possible. In this respect, the Client undertakes to provide lawpilots with all necessary technical information for successful integration and, if errors occur, to provide lawpilots with detailed error descriptions.    

2.5. In addition, we offer you the option of customising our Online Training Courses (subject to separate order). The requirements for customised adaptations can be found at www.lawpilots.com/edits_en.  lawpilots reserves the right to reject requested customisations that do not meet the defined requirements. When using customised Online Training Courses, there are no automatic and regular updates. If an updated customised version is desired, the requested changes to the Training Courses must be submitted again to lawpilots on the basis of the updated standard Training Course and will be implemented at a charge.

2.6. We reserve the right not to accept your Booking, or to accept it only in part, without giving reasons. Unless expressly stated otherwise, you shall have no right to a specific Booking. Furthermore, we reserve the right not to make certain products available for retrieval, either temporarily or permanently. Unless expressly stated otherwise, you shall have no right to a certain level of availability of a product.

  1. Prices, terms of payment

3.1. The prices stated in the Offer or in the description of the Online Training Course or other Additional Services shall apply. Payment can be made using the payment methods offered. We reserve the right to exclude certain payment methods in individual cases. If payment by invoice is offered, we reserve the right to carry out credit checks in individual cases.

3.2. Our claims shall become due upon receipt of the invoice and, if they are not collected directly, are payable in full within 14 days. Payment shall not be considered to have been made until we can freely dispose of the payment amount. If a payment is refused and you are responsible for this, we shall be entitled to charge the additional costs, expenses or other claims incurred by us as a result of default in payment.

3.3. Set-offs against lawpilots shall be excluded, unless the counterclaim is undisputed or legally binding.

  1. Term, termination

4.1. The Minimum Term of the Contract as stated in the Offer shall apply, which, unless otherwise agreed in the Offer, shall be extended in each case by the period of the initially booked Minimum Term if the Contract is not terminated in text form at least six (6) weeks before the expiry of the term. Unless otherwise agreed, the Minimum Term shall begin upon acceptance of the Offer. 

4.2. The term of the Licences booked and in this respect included in the Contract between lawpilots and the Client (Licence Term) shall commence on the date of provision of the first Training Course by lawpilots to the Client, but no later than three (3) months after commissioning and subject to any other agreement in individual cases. Unless otherwise stated in the Offer, the Licence Term shall be twelve (12) months. The Licence Term shall be determined independently of the Minimum Term according to Section 4.1. As such, any automatic extension of the Contract shall be based solely on the Minimum Term agreed between lawpilots and the Client. 

4.3. This shall not affect early termination for good cause. 

  1. Rights of use

5.1. The Product and parts thereof are subject to intellectual property rights and are, among other things, protected by copyright. The rights of use and exploitation shall be the exclusive property of lawpilots and we reserve all rights to them that are not expressly granted to you.

5.2. In order for you to be able to use the Product or, depending on the individual Booking, to integrate or distribute it, we grant you a simple right to use the contractual Product exclusively in accordance with our Terms, with such right being transferable exclusively to the Booking in question, and there limited to the specifically booked Authorised Users. In particular, you shall not be entitled to make the Product or parts thereof available to unauthorised third parties, to make it publicly accessible, to adapt it (in particular not to remove, obscure or suppress logos and brand names of us or our partners), or to use or exploit it in any way other than as agreed. Depending on the Booking, the right of use shall expire once the contractual Product has expired or been used up or upon expiry of the agreed contractual term.

5.3. Insofar as we integrate existing Online Training Courses from you on our Learning Platform when you make an individual Booking, you grant us a simple right to this content, which shall be transferable free of charge and limited exclusively to the booked integration, entitling us to (a) publish, host, store, reproduce, distribute, make publicly accessible and, insofar as this should be necessary for the integration, (b) adapt or (c) sub-license it to third parties. Of course, you shall retain your rights to the content, for which you are solely responsible. We shall neither adopt these as our own nor shall we be obliged to check them in any way whatsoever. In particular, you shall be obliged to observe and comply with all applicable laws and other legal provisions in this context and, in particular, not to include any content that infringes the rights of third parties (e.g. copyrights, trademark rights, personal rights and industrial property rights of third parties) or that is illegal, misleading, malicious, discriminatory, pornographic, sexist, threatening, insulting, defamatory, obscene, ethically offensive, or content that glorifies violence, is a nuisance, is unsuitable for minors, racist, unethical or contrary to public policy, seditious, xenophobic or otherwise abhorrent or reprehensible, or content that contains viruses, worms, Trojans or other malicious code that may compromise or impair the functionality of our Learning Platform and systems. We shall be entitled at any time to temporarily or permanently delete or remove content that is illegal or violates our Terms without prior notice and without stating reasons.

5.4. In the event that you breach the aforementioned provision, you shall release us from all justified claims by third parties on account of such breach. We reserve the right to take appropriate measures ourselves to defend ourselves against claims by third parties, as well as to claim damages, including reasonable costs we incur in this context, insofar as these are not reimbursed by third parties (e.g. legal expenses insurance), and to assert other justified claims of our own against you.

  1. Liability and warranty, Force Majeure

6.1. We make no representations or warranties that using the Product will yield your intended results. In particular, we do not owe any specific successes, results or other outcomes intended by you. In particular, our Online Training Courses do not constitute individual legal advice or legal arrangements. We therefore expressly point out that you yourself are responsible for implementing any content learned and should also subject it to your own legal evaluation if necessary.

6.2. We shall not be liable for any damage that is beyond our responsibility or that is due to improper use of the Product. Irrespective of the legal grounds, we shall only be liable for damage caused intentionally or by gross negligence or insofar as damage culpably caused by us results from injury to life, limb or health, or in the event of a culpable breach of an essential contractual obligation whose fulfilment makes the proper performance of the Contract possible in the first place, whose breach jeopardises the achievement of the purpose of the Contract, or on compliance with which you may regularly rely. In this case (breach of an essential contractual obligation), our liability shall be limited to the foreseeable damage typical for this type of contract. Any further liability on our part shall be excluded. These Terms do not affect liability under the German Product Liability Act.

6.3. If we are completely or partially prevented from performing the contractual services due to Force Majeure, we shall be released from these obligations for the period and to the extent that Force Majeure prevents our performance. As soon as we become aware of a situation involving Force Majeure, we shall notify you as the Client of this without undue delay.

  1. Data protection and other provisions

7.1. Within the scope of its performance of the Contract, lawpilots processes personal data of Authorised Users. For this purpose, the data processing agreement available at https://www.lawpilots.com/dpaen will be concluded between lawpilots and the Client upon conclusion of the Contract. The Client reserves the right to submit a data processing agreement which deviates from this prior to the conclusion of the Contract, which shall then represent the basis of the personal data processing under data protection law, provided that it meets the requirements of Art. 28 GDPR and is accepted by lawpilots.

7.2. lawpilots shall be entitled to use the Client’s name and logo for reference purposes, for example on its own website or in client presentations. Unless otherwise agreed, the Client shall be entitled to withdraw this consent at any time.

7.3. You shall be independently obliged to fulfil the (specified) minimum technical requirements (e.g. installed program for calling up standard video players, stable broadband internet connection) for using the Product.

7.4. We shall endeavour to ensure that the Product is available permanently without disruptions. However, this is not technically possible. For this reason, we do not guarantee that the Product will be provided without disruptions or that it will be available at certain times. In particular, we may need to restrict access to it or to certain features in whole or in part, temporarily or permanently. Furthermore, you shall not be entitled to expect us to maintain individual features permanently; in particular, we may adjust, change or discontinue them at any time.

7.5. Our Terms shall be governed exclusively by German law, excluding the principles of conflict of laws and the UN Convention on the Sale of Goods. The exclusive place of jurisdiction for disputes arising from these Terms shall be Berlin.

© LawPilots GmbH – v1.7 – Last amended: September 2022

Annex 1 – Definitions

  1. General Terms and Conditions” or “Terms” means these General Terms and Conditions of lawpilots, which can be retrieved on the website at: https://www.lawpilots.com//toc/.
  2. Offer” means the offer prepared by lawpilots individually for the Client and with the services offered to the Client such as Online Training Courses and any Additional Services offered.
  3. Authorised Users” means natural persons who are authorised to use the Online Training Courses and any Additional Services within the scope of the rights of use granted to the Client. Authorised Users can only be persons who are either employees of the Client or are in a service, employment or apprenticeship relationship with the Client. 
  4. Bookings” means the Online Training Courses and other Additional Services offered according to the Offer made by lawpilots, which become part of the Contract after acceptance by the Client.  
  5. Special Terms and Conditions” means any additional applicable terms and conditions on the part of lawpilots, if any, specified in the Offer.
  6. Force Majeure” means events or circumstances that could not have been foreseen at the time of Contract conclusion despite reasonable care, are beyond lawpilots’ sphere of influence, and could not have been avoided or overcome by reasonable measures on the part of lawpilots. In particular, these include but are not limited to: a) war and other military conflicts, terrorist attacks, civil war, riots, insurrections; b) currency and trade restrictions, embargoes; c) explosions and fires not caused by lawpilots; d) floods, earthquakes, typhoons and other natural disasters or extreme natural events; e) epidemics/pandemics and diseases; f) labour unrest not caused by lawpilots, such as industrial action; g) actions, failures to act or measures of a government or official orders; h) faults or failure of operating facilities (or parts thereof) not caused by lawpilots, which are necessary for the fulfilment of the Contract.
  7. Client” means the natural or legal person named in the Offer, or a partnership with legal capacity with its registered office in the sales territory, who or which, while acting in exercise of their or its trade, business or profession (Section 14 of the German Civil Code, BGB), acquires Licences from lawpilots for the use of the Product for a limited period of time. 
  8. Learning Platform” means the software-as-a-service platform operated by lawpilots through which the Online Training Courses are made available for retrieval.
  9. Client LMS” means the Client’s own learning platform or the learning platform used by the Client via which the Online Training Courses are made available for retrieval, with the exception of the Learning Platform operated by lawpilots. 
  10. Licences” means the number of usage authorisations agreed in the Offer, which allow the Client and its Authorised Users to make use of the Online Training Courses and any Additional Services offered. 
  11. Licence Term” means the term of the Licences booked and in this respect included in the Contract between lawpilots and the Client. This shall commence on the date of provision of the first Training Course by lawpilots to the Client, but no later than three (3) months after commissioning and subject to any other agreement in individual cases. Unless otherwise stated in the Offer, the Licence Term shall be twelve (12) months. 
  12. Minimum Term” means the minimum term of the Contract as stated in the Offer, which, unless otherwise agreed in the Offer, shall be extended in each case by the period of the initially booked minimum term if the Contract is not terminated in text form at least six (6) weeks before the expiry of the term. 
  13. Online Training Courses or Training Courses” means solely the Online Training Courses specified in the Offer.
  14. Product” means, collectively, the services set out in the Offer such as “Online Training Courses” and the Additional Services offered, if any. 
  15. Contract” means the contract concluded with the Client on the basis of the Offer, including these General Terms and Conditions and any Special Terms and Conditions of lawpilots mentioned in the Offer.
  16. Confidential Information” means all information disclosed to one party by the other party, whether in writing, electronically or orally, digitally or in any other form, insofar as such information (a) involves the trade secrets protected under Section 2(1) of the German Trade Secrets Act (GeschGehG), and/or (b) relates to the business interests and affairs of the respective party or those of affiliated enterprises within the meaning of Sect. 15 of the German Stock Corporation Act (AktG) and is expressly marked as “confidential” or should be considered confidential due to the nature of the information or the circumstances of its disclosure. Confidential Information includes, but is not limited to, information relating to technologies, inventions, software and/or hardware, new products, intellectual property, expertise, business strategies, operational processes, price lists and the pricing policy of one of the parties. Confidential Information also includes the contents of the Offer and these Special Terms and Conditions.
  17. Add-Ons means additional Licences requested by the Client during the term of the Contract, which lawpilots makes available to the Client in accordance with the order. Unless otherwise agreed, a minimum of five (5) Licences per product shall apply to Add-Ons.
  18. Additional Services” means additional services to be provided by lawpilots under the Offer, if applicable.

Contact us

Andreas Grau
Customer service manager
Monday – Friday 8:30 AM – 6:00 PM

Call or write us:

+49 (0)30 22 18 22 80
contact@lawpilots.com

Your data will of course be treated confidentially. Data transmission is encrypted. Further information can be found in our data privacy statement.

 
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