Terms and conditions

1. General

1.1. The website https://lelect.com/ and https://app.lelect.com are operated by 101skills GmbH, Rostocker Str. 68, 20099 Hamburg, Germany (hereinafter referred to as „lelect“ or „we“). Information on the authorized representatives and contact options can be found in the imprint at https://app.lelect.com/impressum/.

1.2. lelect offers an internet-based AI platform which can be accessed via the website https://lelect.com/ (hereinafter referred to as „Service“ or „Software“). The content of the training platform is divided into free and paid content, which can be subscribed to separately or as a package of services (hereinafter referred to as „Flatrate“). The Service is primarily aimed at teachers as users of the Service. Performance packages can be purchased as licenses by individual teachers as well as by schools.

1.3. These General Terms and Conditions (hereinafter referred to as „GTC“) apply to all contracts concluded between lelect and users of the Service (hereinafter referred to as „customers“). If the contract is concluded between lelect and a school, these GTC shall also apply to the school as a customer. Only lelect’s GTC shall apply; other conditions shall not form part of the contract, even if lelect does not expressly object to them. Ancillary agreements require written form.

1.4. The contract language is German. If these GTC are provided in another language, the German version shall be solely binding.

We would like to point out that separate agreements or terms and conditions of lelect may apply for certain services (e.g. lelect school licenses). Such separate agreements or terms and conditions shall take precedence over these GTC.

2. Scope of Services

2.1. lelect provides various content as a web-based SaaS or cloud solution. This content includes training courses and webinars for teachers on the use and thematization of digital media in the classroom, which can serve the customer to independently acquire digital skills and didactic abilities to use and address digital technologies sensibly in the classroom. The Service also includes various tools that teachers can use to prepare and conduct their lessons. Teachers can also make their own teaching materials available for retrieval via the Service and exchange information with other teachers on educational topics and network regionally.

2.2. Descriptions of the functional scope as well as statements and explanations by lelect on advertising materials, websites and in documentation are exclusively to be understood as descriptions of the quality and not as a guarantee or assurance of a property.

3. Registration and Conclusion of Contract and Use of Paid Content

3.1. The presentation of the Service and individual paid content offered within the Service on the Internet does not constitute an offer, but only an invitation to submit an offer. lelect can declare acceptance within 24 hours either by sending an order confirmation by e-mail or by providing the Service to the customer. In the latter case, the customer waives the receipt of the declaration of acceptance. Only through this acceptance does a contract come into existence between the customer and lelect. lelect is not obliged to accept the offer.

3.2. The Service can be used free of charge to a limited extent by registered customers. Here, the customer only has access to individual free content. By registering on the website https://lelect.com/ with his or her e-mail and a self-selected password for a free account (click on „Register“), the customer submits an offer to conclude this user agreement, which can be accepted by lelect in accordance with Clause 3.1. Registered customers can access the Service after logging in with their e-mail address and password.

4. Statutory Right of Withdrawal

4.1. Customers who are consumers within the meaning of § 13 BGB are entitled to a statutory right of withdrawal.

4.2. Further information on the right of withdrawal can be found in the withdrawal policy of lelect.

5. Contractual Right of Withdrawal

5.1. In addition to the statutory right of withdrawal, lelect grants the customer a contractual right of withdrawal subject to the following conditions.

5.2. The period during which the right of withdrawal can be exercised is 30 days from the conclusion of the contract.

5.3. The exercise of the statutory right of withdrawal by customers who are consumers is not affected by compliance with the rules of the supplementary contractual right of withdrawal and remains independent of this. This also applies to the warranty rights and other rights and claims of the customers.

5.4. The information from the withdrawal policy of lelect applies to the consequences of the contractual right of withdrawal.

6. Service Provision, License, Data Protection

6.1. The service is operated as a web-based SaaS or cloud solution. The customer is enabled to use the software stored and running on the servers of lelect or a service provider commissioned by lelect via an Internet connection for its own purposes during the term of the contract. The software is not provided to the customer.

6.2. lelect provides the customer with the software in its current version at the router output of the data center in which the server with the software is located („handover point“) for use. lelect provides the software, the computing power required for its use, and the necessary storage and data processing space. However, lelect does not owe the establishment and maintenance of the data connection between the customer’s IT systems and the described handover point.

6.3. If the software runs exclusively on the servers of lelect or a service provider commissioned by us, the customer does not require any copyright usage rights to the software, and lelect does not grant such rights either. However, lelect grants the customer the non-exclusive, non-transferable, and time-limited right to load the user interface of the software onto the screen and into the memory of the end devices used for the contractually intended purpose and to make the resulting reproductions of the user interface. In addition, the user is authorized to save documents provided by lelect on its hard drive and to print them out in a reasonable number for its own use.

6.4. Further reproduction or other exploitation of the contents of the website is only permissible with the prior written consent of lelect, unless it involves a one-time and non-systematic reproduction or other use of an element of the website that is insignificant in terms of its nature and scope. The systematic automated retrieval of content, the creation of systematic collections from retrieved content, and the systematic transfer or provision of content to third parties are not permitted.

6.5. The service may not be made available to third parties unless this has been expressly agreed upon by the parties or is provided for within the scope of the intended use of the service.

6.6. lelect is entitled to take technical measures to prevent use beyond the permissible scope, in particular by installing corresponding access barriers. The customer may not use devices, products, or other means that serve to circumvent or overcome the technical measures. In particular, it may not use web crawlers, spider programs, meta-search engines, or comparable technologies that automatically retrieve content from the website. In the event of abusive use, we are entitled to immediately block access to the service. Other rights and claims, in particular the right to terminate the contract for cause and claims for damages, remain unaffected.

6.7. In connection with the provision of the service, lelect processes personal data as both a data controller in accordance with Article 4(7) of Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and as a data processor in accordance with Article 4(8) of the GDPR or Section 4(10) of the Church Data Protection Act (KDG). As a data controller, lelect processes personal data about individuals who register for the service or who otherwise provide personal data to lelect in connection with this agreement. The processing of this data that lelect processes as a data controller is described in the privacy policy available at https://plattform.lelect.com/data_protections. As a data processor, lelect processes such personal data that the customer provides to lelect in connection with the use of the service and which do not relate to the customer itself. With regard to this data processing, the lelect data processing agreement attached to these terms and conditions applies and is part of these terms and conditions.

7. Prices and Payment Terms

7.1. The prices shown at the time of ordering apply. All prices are quoted as total prices including the applicable value-added tax (VAT), unless otherwise stated. Delivery and shipping costs are not applicable.

7.2. Unless otherwise agreed, payments are to be made without deductions, discounts or other allowances.

7.3. 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 information as well as information during the payment process. This is particularly important because the provision of payment methods or the process of the payment transaction 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.).

7.4. The customer ensures that he/she fulfills the requirements necessary for successful payment by means of the chosen payment method. These include in particular sufficient coverage of bank and other payment accounts, registration, legitimization and authorization with payment services as well as confirmation of transactions.

7.5. lelect currently offers the following payment options to customers:

· Credit card (Maestro/VISA/MasterCard/American Express),

· Payment via PayPal.

7.6. Payment processing is carried out by the payment service provider paddle.com, 18-29 Mora Street, London, EC1V 8BT, United Kingdom, subject to the terms and conditions at https://www.paddle.com/legal/terms.

7.8. If lelect or the commissioned payment service provider is unable to collect a contribution in the SEPA process for reasons attributable to the customer, the customer shall bear the costs incurred by lelect or the commissioned payment service provider as a result (in particular bank charges).

7.9. Invoices are sent electronically by e-mail to the customer’s e-mail address stored in the account. The same applies to payment reminders.

8. Payment Default, Suspension

lelect is entitled to suspend the account or access to the content if the customer is in default of payment. The customer’s obligation to pay the due usage fees shall remain unaffected thereby.

9. Promotional Vouchers

9.1. „Promotional vouchers“ are vouchers that are issued free of charge by lelect within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). Vouchers that represent a certain monetary or material value and are purchased by the customer as a product do not constitute promotional vouchers.

9.2. Promotional vouchers can only be taken into account under the conditions communicated, taking into account restrictions, e.g. the validity for certain product groups, frequency of use and in particular only within the specified period.

9.3. Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.

9.4. Promotional vouchers issued by the seller may only be redeemed at lelect.

9.5. Unless otherwise stated, promotional vouchers can only be redeemed before the order process is completed.

9.6. If there is still an amount to be paid after a promotional voucher has been redeemed, this can be settled using the payment options offered by lelect.

9.7. If a promotional voucher exceeds the order value, it will only be taken into account up to the amount of the value of the goods, without any payout of the remaining amount.

11. Customer’s Obligations

11.1. The customer is obligated to keep the information in their account up to date. This applies in particular to the email address provided, as lelect uses it to communicate contractually relevant information to the customer.

11.2. The customer undertakes to protect their account against unauthorized access with a sufficiently secure password. lelect recommends that customers choose a password consisting of at least eight characters, using lowercase and uppercase letters, numbers, and special characters to secure their account and change their password regularly. lelect is entitled to set minimum security requirements for the password.

11.3. The customer is obligated to keep their password and any data that allows unauthorized access to their account confidential and to change it immediately or have lelect reset it if they suspect unauthorized third parties have gained knowledge of it.

11.4. The customer is prohibited from performing or promoting any action that serves or is potentially capable of impairing the functionality and/or integrity of the service, in particular, overburdening, influencing, interrupting, or altering it excessively, as well as performing actions that enable or promote reverse engineering or decompilation of data or functions of the service.

11.5. The customer is prohibited from distributing and/or publicly reproducing content and information of the service (in particular, content, texts, logos, images, diagrams, graphics, evaluation results, etc.) or transferring them to external systems and/or databases, unless this distribution and public reproduction is intended within the scope of the intended use of the service.

11.6. Insofar as the customer transfers protected content to lelect (e.g. profile picture, graphics, and other protected content), they grant lelect all rights necessary to perform the contractual agreement. This includes, in particular, the right to make the corresponding content accessible to the public. In this context, the customer assures that they have all the necessary rights to the transferred content to grant lelect the corresponding rights.

11.7. The customer is obligated not to use or utilize data or information with the service or individual tools whose use violates applicable law, official orders, third-party rights, or agreements with third parties.

11.8. The customer is responsible for creating and maintaining the technical prerequisites for accessing the website in their area, in particular regarding the hardware and operating system software used, the connection to the Internet, and the current browser software. The proper usability of the website requires that the cookies transmitted by our server are accepted by the computers used by the customer. It is the customer’s responsibility to make the necessary settings.

11.9. The customer is obligated to take the necessary precautions to secure their systems, in particular to use the standard security settings of the browser and to use current protective mechanisms to defend against malicious software.

12. Protection of rights

12.1. The service is a database work produced by lelect or a database within the meaning of §§ 4 para. 2, 87a para. 1 UrhG. Associated computer programs are protected by §§ 69a ff. UrhG, manuals and documentation as well as provided works are protected by § 2 UrhG. Third-party rights to protected works remain unaffected.

12.2. All published content is protected by copyright.

12.3. Trademarks, company logos, other trademarks or protection notices, copyright notices, serial numbers, as well as other identification features may not be removed or changed, either in electronic format or in print.

13. Amendment and development of the service

13.1. lelect will make changes to the service to ensure contractually compliant provision of the service and necessary updates.

13.2. lelect strives to continuously develop the service. Therefore, we reserve the right to make changes to adapt the system to the state of the art, optimize the system, particularly to improve user-friendliness, and modify content if necessary for error correction, updating and completion, programmatic optimization, or for licensing reasons. Such changes do not result in additional costs for the customer.

13.3. If a change pursuant to clause 13.2. results in a more than minor impairment of the customer’s access to or use of the service, lelect will inform the customer of this change by email in good time before the change takes effect. In this case, the customer has the right to terminate the usage contract under § 327 para. 3 BGB.

14. Availability

14.1. The customer is aware that, despite the greatest care and diligence, program errors and system-related disruptions cannot be completely ruled out according to the current state of the art. Maintenance, security, or capacity issues, as well as events beyond the control of lelect (such as disruptions to public communication networks, power outages, force majeure, etc.), can lead to a loss of use. It is also not possible to use software or services that can detect every existing malware (virus, malware, etc.). Therefore, even with a properly functioning system, 100% availability of the service cannot be guaranteed. lelect naturally strives to keep the service constantly available. The hardware and software and technical infrastructure used by the customer may also have an influence on the services provided by lelect. If such circumstances affect the availability or functionality of the services provided by lelect, this has no effect on the contractual conformity of the services provided.

14.2. Scheduled maintenance work on the website or the service is regularly carried out between 6:00 and 8:00 a.m. Whenever possible, maintenance work on the website will be announced.

15. Warranty, liability of lelect

15.1. In principle, the statutory provisions on warranty for contracts for digital products apply.

15.2. lelect is only liable, regardless of the legal basis, to the following extent in accordance with the statutory provisions:

– We are liable without limitation for damages resulting from the violation of life, body, or health and for claims under the Product Liability Act as well as for intentional or grossly negligent breach of duty.

– We are liable, limited to the replacement of the foreseeable damage typical of the contract, for damages resulting from a slightly negligent breach of essential contractual obligations. These are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations). In other cases, liability for slight negligence is excluded to the extent permitted by law.

– If liability is excluded or limited, this also applies to the personal liability of the shareholders, employees, representatives, and vicarious agents of the seller.

16. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17. Final provisions

17.1. The customer agrees that communication, including in contractual matters, can be carried out via email. The customer is obliged to always provide a current email address in their account. The email address of lelect can be found in the imprint.

17.2. For contracts with consumers (§ 13 BGB), the law of the Federal Republic of Germany exclusively applies, with the exclusion of the UN Sales Convention, unless there are mandatory provisions of the law of the state in which the consumer has their habitual residence (in particular consumer protection regulations) that oppose this.

Revocation policy and form

Consumers have a right of revocation according to the following provisions, where consumers are any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

A. Revocation Policy

Right of Revocation

You have the right to revoke this contract within 14 days without giving any reasons.

The revocation period is 14 days from the day of the conclusion of the contract.

To exercise your right of revocation, you must inform us (101skills GmbH, Rostocker Str. 68, 20099, mail@lelect.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post or e-mail).

You can use the attached sample revocation form, but it is not mandatory.

To comply with the revocation deadline, it is sufficient for you to send the notification of exercising the right of revocation before the revocation period has expired.

Consequences of Revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

– END OF REVOCATION POLICY –

B. Revocation Form

If you wish to revoke the contract, please fill out this form and send it back.

To
101skills GmbH
Rostocker Str. 68
20099 Hamburg
mail@lelect.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_________________________________________________________________

_________________________________________________________________

Ordered on (*) _____________ / received on (*) __________________

_________________________________________________________________
Name of consumer(s)

_________________________________________________________________
Address of consumer(s)

_________________________________________________________________
Consumer(s)’ signature(s) (only in case of communication on paper)

_________________________
Date

(*) Delete as appropriate

Last updated: May 2023