speakido
General Terms and Conditions
§ 1 Preamble
speakido, owner Veronika von Georgi, Nordenstraße 6, 80799 Munich (hereinafter speakido), offers German courses to adult individuals. These include conversation courses, individual language coaching as well as an integrated online learning platform for repeating and deepening the learning content. On this online learning platform, the recorded conversation courses can be viewed again and homework from the courses can be edited or uploaded.
The use of all offers requires a willingness to learn on one’s own responsibility. All offers are the basis for a free, active and self-responsible process. As a result, a certain success cannot be promised
§ 2 Scope of application, changes
(1) The following terms and conditions conclusively regulate the contractual relationship between speakido and the respective customer and apply exclusively. Terms and conditions of the customer that deviate from or contradict or deviate from these terms of use shall not be recognized unless speakido has expressly agreed to them in the individual case.
(2) speakido reserves the right to change the General Terms and Conditions at any time without stating reasons. In this case, speakido will inform the customer of this at the latest four weeks before it comes into effect and send him the changed terms and conditions. If the customer does not agree to the changed terms and conditions within two weeks after receipt of the change notification, speakido is entitled to terminate the respective contractual relationship at the point in time at which the changed terms and conditions are to come into effect or to continue it at the previous conditions.
3) In the event of conflicts within the contractual relations between the parties, the following order of precedence shall apply:
a) individual agreements
b) these general terms and conditions
c) the statutory provisions
(4) The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 3 Conclusion of contract, scope of services and term
(1) The contract shall be concluded in German. In case of language differences, the German version shall always apply in case of doubt.
(2) A contract between speakido and the customer is concluded online. It takes place through registration of the customer for a course offered by speakido (offer) and subsequent confirmation of this offer by speakido (acceptance). Any offer by speakido is to be understood as an invitation to submit an offer by the customer.
(3) The confirmation by speakido shall be made in text form or otherwise at its own discretion.
(4) The individual subjects of performance as well as the scope of the services to be rendered by speakido result from the contract concluded between the parties and/or the offer of speakido, in particular the respective course descriptions. In all other respects, speakido is free in the selection and design of the course content as well as in the design of the duration of the respective course units.
(5) Speakido does not guarantee the learning progress of the individual customer.
(6) Speakido is allowed to use third parties for the execution of the services, unless otherwise agreed. The provision periods shall be extended without prejudice to the rights of speakido due to default of the customer by the period in which the respective contractual partner does not meet his obligations towards speakido.
(7) If speakido is in default with the owed service, the customer shall only be entitled to withdraw from the contract if speakido does not comply with a grace period set by the customer.
(8) For a complete service provision on the part of speakido, a registration of the customer, the participation in Zoom video conference appointments as well as the registration of the customer on the online learning platform according to § 4 is required. speakido uses software/services of third parties in certain situations. It is pointed out that in these cases a service can only be provided by speakido if the customer agrees to these conditions and installs the respective software (e.g. the online learning platform Thinkific as well as Zoom).
(9) A registration is binding for the customer.
(10) No support beyond the obligations arising from this contract shall be owed, unless separately agreed.
(11) The start of the contract as well as the contract term shall be determined by the specifications stated in the respective main contract/offer. Contracts with automatic termination shall not re-quire termination and shall end automatically upon reaching the end of the term. Contracts with a specified term shall be extended by three months if they are not terminated with two weeks’ notice to the respective end of the contract.
(12) The right to extraordinary termination for good cause shall remain unaffected.
(13) In the case of offered installment payments, the following shall apply: Early termination of an installment agreement made is possible by way of early repayment; the participant has the right to pay the full amount (but then the increased installment amount) in part or in total at any time before the expiration of the agreed time. If the participant does not pay an installment after the due date, a reminder in text form and a grace period, speakido is entitled to terminate the installment payment prematurely and the entire outstanding amount shall then become due immediately.
(14) The place of performance is generally the registered office of speakido, unless otherwise spe-cified in the contract or the type of activity.
§ 4 Registration
(1) For a complete service provision on the part of speakido, registration of the customer on the online learning platform is required. This online learning platform is provided by the service provider Thinkific Labs Inc, 369 Terminal Ave, Vancouver, British Columbia, V6A 4C4, Canada. On this online learning platform, the recorded conversation courses can be re-watched and homework from the courses can be edited or uploaded.
(2) Speakido takes over the registration of the customer on this online learning platform and subse-quently informs the customer about his access data.
(3) Only one account can be created for the respective customer.
(4) The customer can delete his account as well as his related information about himself or his profile without giving reasons. However, this shall have no effect on the agreed contract term, see § 3 para.11.
§ 5 Course content recording
(1) The respective course content is recorded by speakido in order to subsequently provide the videos to the customers on the online learning platform for repeating the course content. The individual course contents are only recorded with the consent of the customer concerned.
(2) The consent can be revoked at any time with effect for the future in text form vis-à-vis speakido. The legality of the processing carried out on the basis of the consent until the revocation is not affected by the revocation of the consent.
(3) Since the recording of the course content and the subsequent provision of the recordings to the customers within the framework of the online learning platform is an essential part of the service offered, the service can only be provided subject to the granting of the consent of the respective customer pursuant to § 5 (1).
(4) Customers are prohibited from recording, filming, recording, taking screenshots or making other recordings of course dates or other course content.
§ 6 WhatsApp student group
(1) speakido offers a chat group of the messenger service WhatsApp, WhatsApp Ireland Limited, 4, Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland for private communication with and among course participants. This WhatsApp group is used for the exchange of course participants with each other and with the course instructor and should also enable contact beyond the end of the course.
(2) Joining this WhatsApp group is completely voluntary and in particular not a prerequisite for participation in the courses offered. In particular, this is not a contractual service of speakido with business character, but an exchange opportunity of a purely private nature.
§ 7 Remuneration
(1) The respective amount of remuneration as well as its settlement mode depend on the respective contract at the time of registration for the course. In principle, payments are always to be made within 14 days from the due date.
(2) Payment is made through the payment service provider PayPal, Stripe, Stripe Payments Europe, Ltd.
(3) If the participant is in default of payment, speakido is entitled to refuse further services.
(4) An invoice is generally sent by e-mail in the form of a PDF document or by mail.
(5) If it is expressly clarified in the contract that the stated remuneration amount is a preliminary estimate, later deviations are possible by concretization.
(6) Objections against fee statements have to be raised with speakido in text form.
(7) In case of default of payment by the customer, speakido is entitled to withhold further services and to interrupt ongoing services.
(8) In case of premature termination of the contract, no matter of what kind, the services already rendered by speakido shall be remunerated according to the contractual regulation until the termi-nation event takes effect. Any legal claims to which speakido is entitled due to premature termina-tion shall not be affected by this. Any claims arising from this § 7 shall be credited to the extent of claims arising by law.
§ 8 Cancellations
(1) Changes to the agreed course dates by speakido are possible for objective reasons, insofar as this is reasonable for the customers.
(2) speakido reserves the right to postpone dates if a minimum number of customers for the inclusion of the affected date is not met. If a required minimum number of customers is finally not met, speakido reserves the right to cancel the affected appointment.
(3) speakido reserves the right to postpone individual dates if they cannot be held due to the absence of a course instructor. The affected course date can be finally cancelled by speakido if it cannot be made up and no other course instructor can carry it out.
(4) speakido reserves the right to postpone individual course dates if they cannot be held due to technical problems.
(5) If a course date does not materialize due to a cancellation on the part of speakido, speakido will inform the customer of this immediately by e-mail.
(5) If a course date does not materialize due to a cancellation on the part of speakido, speakido will inform the customer of this immediately by e-mail.
(6) If an appointment is finally cancelled by speakido, no fee shall be charged. If the fee has already been paid, it will be refunded. A cash payment is not possible.
(7) Furthermore, speakido reserves the right to freely assign the course instructors for the respective dates according to time availability. Customers have no claim to a specific course instructor.
(8) If a customer does not participate in an appointment for reasons for which speakido is not responsible, e.g. due to illness, the customer is generally not entitled to make up the missed lessons on a later date. A refund of the fee for cancelled lessons is excluded.
a) Since the appointments take place online, there is the possibility, especially for group ap-pointments, to look up the recorded appointments. There is no right to attend the appoint-ment live. The appointments will be communicated in good time so that customers can re-serve the time for them.
b) If the customer cancels a booked appointment, there is no right to a refund of any pay-ments made, unless the customer can prove that the cancellation was not his fault.
a) Since the appointments take place online, there is the possibility, especially for group ap-pointments, to look up the recorded appointments. There is no right to attend the appoint-ment live. The appointments will be communicated in good time so that customers can re-serve the time for them.
b) If the customer cancels a booked appointment, there is no right to a refund of any pay-ments made, unless the customer can prove that the cancellation was not his fault.
(9) In the case of individual appointments, the following shall apply in addition:
(a) A booked appointment must be cancelled by the customer at least 48 hours before the start. Otherwise the full fee will be charged.
b) If a booked appointment is repeatedly cancelled by the customer, no further appointment must be offered by speakido. This appointment will then be forfeited. The claim to payment for the appointment remains valid, unless this is demonstrably not the fault of the customer.
(a) A booked appointment must be cancelled by the customer at least 48 hours before the start. Otherwise the full fee will be charged.
b) If a booked appointment is repeatedly cancelled by the customer, no further appointment must be offered by speakido. This appointment will then be forfeited. The claim to payment for the appointment remains valid, unless this is demonstrably not the fault of the customer.
(1) The customer is only authorized to participate in the course dates and to use the online learning platform in person.
(2) The customer must provide complete and truthful information when registering for the course. If there are any changes in this regard, the customer must adjust this information without delay.
(3) The customer must ensure that he/she can be reached under the contact data provided by him/her. In the event that any relevant data of the Customer changes, in particular the name and/or the address and/or other contact data, the Customer shall be obliged to notify this immediately without being requested to do so.
(4) The customer is obliged to properly store his access data for the online learning platform as well as access data to the appointment via Zoom, to keep them secret and not to pass them on to unauthorized third parties.
(5) If there are indications that unauthorized third parties have knowledge of the access data, the customer shall inform speakido of this immediately and, if possible, change its access data. In addition, the customer is responsible for the backup of his data.
§ 9 Obligations of the customer
(6) The customer undertakes to observe the “house rules” of speakido, which will be explained and discussed again in detail at the beginning of the appointment. This includes in particular the following:
a) It is forbidden for the customer to record, film, record, make screenshots or make other recordings of the course appointment or other course content.
b) The customer is obligated to use the services rendered by speakido, works created and/or rights of use granted only for the contractually agreed purposes.
c) The customer undertakes to use the functions and services of the online learning platform properly and to observe the applicable law.
d) The customer will maintain an appropriate and respectful interaction with each other and with the course instructor.
e) No content may be shared or made public that:
– Violate third party rights including intellectual property, especially copyright,
– is discriminatory, racist, sexist, obscene and/or hateful,
– contain viruses or other malicious software capable of damaging, surreptitiously intercep-ting or deleting data or systems,
– could harass, coerce and/or offend other customers of speakido,
– contain personal information without having the necessary consent to do so,
– be used to facilitate junk mail, chain letters or unsolicited mass mailings or spamming, phishing, trolling or similar,
– contain scripts, bots or other automated technology to access the Online Learning Platform,
– in any other similar way violate the rights of third parties, including data protection or pri-vacy rights or applicable laws and regulations.
f) Speakido is entitled to monitor content that violates these regulations and if necessary, after a discretionary decision, to delete it in individual cases.
g) The customer is obliged to treat any information obtained about other participants con-fidentially.
a) It is forbidden for the customer to record, film, record, make screenshots or make other recordings of the course appointment or other course content.
b) The customer is obligated to use the services rendered by speakido, works created and/or rights of use granted only for the contractually agreed purposes.
c) The customer undertakes to use the functions and services of the online learning platform properly and to observe the applicable law.
d) The customer will maintain an appropriate and respectful interaction with each other and with the course instructor.
e) No content may be shared or made public that:
– Violate third party rights including intellectual property, especially copyright,
– is discriminatory, racist, sexist, obscene and/or hateful,
– contain viruses or other malicious software capable of damaging, surreptitiously intercep-ting or deleting data or systems,
– could harass, coerce and/or offend other customers of speakido,
– contain personal information without having the necessary consent to do so,
– be used to facilitate junk mail, chain letters or unsolicited mass mailings or spamming, phishing, trolling or similar,
– contain scripts, bots or other automated technology to access the Online Learning Platform,
– in any other similar way violate the rights of third parties, including data protection or pri-vacy rights or applicable laws and regulations.
f) Speakido is entitled to monitor content that violates these regulations and if necessary, after a discretionary decision, to delete it in individual cases.
g) The customer is obliged to treat any information obtained about other participants con-fidentially.
(7) The customer grants speakido a simple right of use, limited in space, time and content, for the intended use in case copyright relevant works are uploaded or otherwise enter the domain of speakido directly or indirectly caused by the customer. In particular, the right is granted to publish the respective work and/or to have it published and/or to make it publicly accessible and/or to have it made publicly accessible. The Customer undertakes that he has the rights to the respective work and – if persons are depicted – that they agree to the publication or that the publication is otherwise justified.
(8) The Customer is obliged to check the legal admissibility of the commissioned services himself. This applies in particular to the case that the services of speakido violate regulations of professional ethics, competition law, copyright, trademark law or other regulations concerning the protection of services. In the event that speakido provides services outside of or in connection with the online learning platform for the customer, the customer shall check these services for legal admissibility immediately after handover/completion.
(9) The Parties shall cooperate in a spirit of trust. If a contracting party recognizes that infor-mation and requirements, whether its own or those of the other contracting party, are incorrect, incomplete, ambiguous or impracticable, it shall immediately notify the other party of this and the consequences it recognizes. The parties shall then seek and endeavor to achieve a solution in accordance with their interests, if necessary in accordance with the provisions on changes to services. The customer’s obligations to cooperate shall generally result from the respective contract and/or from the circumstances of the respective contract. The list of obligations mentioned is not exhaustive. In particular, the customer shall provide the following services free of charge:
a) He shall ensure that he meets the necessary technical requirements to participate in online appointments. In particular, a webcam is mandatory for participation and the customer is responsible for providing an Internet connection at his own expense.
b) He will provide all required or requested documents, process descriptions and further in-formation in full at the beginning of the services.
c) He shall ensure that any service for which a third party is responsible and which is required for the performance of the service by speakido is rendered in due time. In case the customer fails to cooperate or does not cooperate completely and/or correctly and/or in due time, speakido is entitled to an additional compensation for the additional effort caused thereby, at the respective agreed hourly rates.
a) He shall ensure that he meets the necessary technical requirements to participate in online appointments. In particular, a webcam is mandatory for participation and the customer is responsible for providing an Internet connection at his own expense.
b) He will provide all required or requested documents, process descriptions and further in-formation in full at the beginning of the services.
c) He shall ensure that any service for which a third party is responsible and which is required for the performance of the service by speakido is rendered in due time. In case the customer fails to cooperate or does not cooperate completely and/or correctly and/or in due time, speakido is entitled to an additional compensation for the additional effort caused thereby, at the respective agreed hourly rates.
(10) The account of a customer within the scope of the online learning platform can also be blocked by speakido. This is especially the case if the customer:
(a) violates the GTCs or applicable law, b) has deliberately provided false information during registration,
c) violates the rights of third parties,
d) misuses services of speakido and/or if there is another important reason.
(a) violates the GTCs or applicable law, b) has deliberately provided false information during registration,
c) violates the rights of third parties,
d) misuses services of speakido and/or if there is another important reason.
(11) If the account of a customer has been blocked by speakido or the contractual relation-ship has been terminated for good cause, the customer is not entitled to register again.
§ 10 Copyright
(1) All course content within the scope of the course units as well as within the scope of the online learning platform of speakido are protected by copyright.
(2) Unless otherwise regulated, the customer receives a simple, non-transferable, spatially unlimited right of use limited to the duration of the contractual relationship. The right of use is limited exclusively to the intended use of the online learning platform and the contents provided by speakido. Any other use of possible contents is not permitted.
(3) The customer may not reproduce and/or otherwise distribute the materials provided by speakido without speakido’s consent.
(4) The customer is prohibited from using crawlers, web agents or similar software tools that contradict a contractual, customary use.
(5) The customer may not sell, give away or lend his access to the online learning platform and to the course units and the rights granted for use to third parties, neither directly nor indirectly, nor rent or lease them without the prior consent of speakido.
§ 11 Warranty/Liability
(1) In principle, the services of speakido are to be qualified as services for which no concrete success is owed, unless this is offered and explicitly communicated accordingly. In this respect, it is to be assumed that there is no legal warranty for the services of speakido. Insofar as certain accesses to online services are owed, the application of rental contract law may arise in addition.
(2) speakido offers its online course units as well as the online learning portal in accordance with the current technical and legal framework of the Internet. The customer is aware that this may result in disruptions and impairments in transmission. Speakido shall not be liable for claims arising from the fact that online course units or the online learning platform are temporarily unavailable to the customer, in particular due to maintenance work, provided that the outage does not exceed a total time of more than 1% of a year per calendar year and that in case of longer outages there is no intent or gross negligence.
(3) speakido provides its services according to the current state of the art.
(4) As long as the customer has not paid in full the remuneration due according to the respective contract and he has no legitimate interest in retaining the outstanding remuneration, speakido is entitled to refuse the supplementary performance.
(5) In case there is a case of legal warranty, the liability for defects is excluded for defects caused by external influences for which speakido is not responsible or by improper use by the customer. It is also excluded if the customer himself or third parties make changes and/or additions to the services of speakido without express approval in text form. The customer may, however, provide counter-evidence that the respective modification and/or addition is not the cause of the defect. Before asserting claims for supplementary performance, the customer shall check with due diligence whether a defect subject to supplementary performance exists. If an alleged defect is not subject to the obligation of subsequent performance (pseudo defect) or if speakido incurs increased expenses due to an insufficiently determined error message, the customer may be charged for the services rendered by speakido for verification and error correction at their respective valid rates of remuneration plus the expenses incurred, unless the customer could not have recognized the pseudo defect even by exercising due diligence.
(6) In case of rental agreements, speakido’s liability for damages regardless of fault is excluded for defects that were already present at the time of the conclusion of the contract.
(7) The customer shall support speakido in the determination and elimination of defects and shall immediately grant access to the documents from which the detailed circumstances of the occurrence of the defect result.
(8) The rectification of defects by speakido can also be carried out by telephone, written or electronic instructions to the customer.
(9) Self-remedy by the customer is excluded.
(10) Speakido shall be liable without limitation for damages caused intentionally or by gross negli-gence, in case of fraudulent concealment of defects, in case of assumption of a quality guarantee, for claims based on the Product Liability Act as well as for injury to life, body or health.
(11) For other damages, speakido shall only be liable if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
(12) The liability in case of slight negligence according to §11 (11) is limited to the amount of the foreseeable damage, which can typically be expected to occur.
(13) Speakido is not liable for the loss of data and content insofar as the damage is caused by the customer’s failure to perform regular data backups and thus to ensure that lost data can be restored with reasonable effort, unless the respective data backup is part of speakido’s main performance obligations.
(14) The above liability regulations also apply to the vicarious agents of speakido.
(15) In all other respects, liability is excluded.
§ 12 Force majeure
speakido is released from any existing obligation to perform in cases of force majeure. Force majeure is considered to be all unforeseen events as well as such events whose effects on the fulfillment of the contract are not the responsibility of either party. These events include in particular epidemics, pandemics, lawful industrial action, also in third party companies as well as official measures.
§ 13 Final provisions
(1) Amendments or supplements to the respective contract must be made in text form in order to be effective.
(2) Should one or more clauses of these Terms of Use be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
