General Terms and Conditions

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts regarding the provision of self-study packages in the premium area as well as the execution of online courses, in-person events, and seminars (in particular including in-house training for companies) between 3T-SPRACHWORKOUT GmbH, represented by Managing Director Dr. Ngo, Thi Chau Trinh, Urbanstraße 71, 3. Hof, 4. TRH. 1. OG, 10967 Berlin (hereinafter referred to as the “Provider”), and the users of these services (hereinafter referred to as “Users”).

(2) These GTC apply both to consumers within the meaning of § 13 BGB (German Civil Code) and to entrepreneurs within the meaning of § 14 BGB. If a third party (e.g., an employer or company) books services for a user, these GTC apply to both the booking third party and the authorized user.

(3) Deviating, conflicting, or supplementary General Terms and Conditions of the User shall only become part of the contract if the Provider has expressly agreed to their validity in text form.

(4) The subject matter of the contract is the provision of services (service contract / Dienstvertrag), not the achievement of a specific result (no contract for work and services / Werkvertrag).

(5) Insofar as contracts fall under the scope of application of the Distance Learning Protection Act (Fernunterrichtsschutzgesetz – FernUSG), mandatory statutory provisions of the FernUSG shall prevail.

§ 2 Subject Matter of Performance and Rights of Use

(1) On the website https://www.german-workout.com/, the Provider offers paid exercises and self-study packages in the premium area. The provision and use are limited in time according to the respective product description on the website.

(2) In addition, the Provider offers paid online courses as well as in-person events (e.g., on-site training for corporate clients). The service period, dates, location, and duration are determined by the respective offer or course description.

(3) All content and services may only be used for the agreed training purposes. Any commercial or business use, as well as passing on the content to unbooked third parties, is expressly prohibited unless a deviating agreement in text form exists.

§ 3 Conclusion of Contract

(1) The Provider’s offers on the website or in proposal letters do not constitute a legally binding offer, but rather an invitation to submit a booking (invitatio ad offerendum).

(2) The User can submit a booking via the website, email, contact form, or post. The booking constitutes a binding offer to enter into a contract.

(3) The contract only comes into effect when the Provider accepts the User’s booking via a booking confirmation in text form (e.g., by email).

(4) The conduct of group courses (both online and in-person) requires a minimum number of 5 participants, unless a different number is expressly stated in the offer.

(5) If this minimum participant count is not reached up to 6 days prior to the start of the course, the Provider is entitled to cancel the course or postpone it to an alternative date. In the event of a cancellation or a postponement that cannot be attended by the User, any fees already paid will be refunded in full. Further claims by the User are excluded.

(6) The Provider is entitled to reject bookings without stating reasons. In this case, no costs shall arise for the User.

§ 4 Content of the Service Contract

(1) The Provider renders its services to the User by applying its knowledge and skills in the areas specified on the website. A subjectively expected success of the User cannot be promised or guaranteed.

(2) As part of the service, the Provider provides the User with individually created documents, reports, and analyses. The User receives a simple, non-transferable, and non-sublicensable right to use these for their own internal purposes. The Provider is entitled to use information and materials provided by the User to fulfill the contractual purpose.

(3) All documents and content provided by the Provider (including content on the website) are protected by copyright. Unless otherwise specified in paragraph 2, the User is not entitled to reproduce, distribute, make publicly available, or allow third parties to use these documents without the Provider’s express written consent. Image, film, or audio recordings of the methods used or made during the provision of services are prohibited without the prior consent of the Provider.

(4) The Provider accepts no liability for the accuracy, completeness, or up-to-dateness of technical data and other information in third-party documents and brochures. Such statements do not constitute a binding agreement as to quality (Beschaffenheitsvereinbarung) or a guarantee in the legal sense.

§ 5 Performance of Services

(1) The service is based on cooperation. The User is not obliged to implement the recommendations given. The User acknowledges that all steps and measures taken by them within the framework of the provision of services fall under their own responsibility.

(2) The Provider is entitled to postpone the performance of a service if a prevention occurs affecting the Provider or a third-party service provider engaged by it—such as riot, strike, lockout, natural disasters, severe weather, traffic disruptions, or illness—which prevents the Provider, through no fault of its own, from performing the service on the agreed date. In this case, the User has no claim for damages.

(3) Illustrations and descriptions of the services on the Provider’s website serve illustrative purposes only and are approximate indications. Complete adherence is not guaranteed.

(4) The Provider is entitled to adjust the content or schedule of courses and self-study packages for technical/professional reasons (e.g., if updates are needed), provided this is reasonable for the User and does not significantly alter the core content of the performance.

(5) The Provider does not have to perform the service personally. It is entitled, at its sole discretion, to delegate performance to third parties, e.g., subcontractors, fee-based staff, or employees.

(6) The User has obligations to cooperate to the extent necessary for the proper performance of the services. Specific duties and requirements will be defined in individual contracts.

§ 6 Conditions of Use and Blocking

(1) The use of self-study packages requires a personal user account in the premium area of the website. This is created either through registration by the User or through activation under agreements with the Provider’s business partners.

(2) Participation in online courses requires prior booking. Where necessary, access via a user account will also be provided to the User for this purpose.

(3) The user account is personal to the individual. Passing on login credentials to third parties is prohibited.

(4) In the event of misuse of the user account or significant violations of these GTC, the Provider is entitled to temporarily suspend access to the services or block the user account. Claims for damages by the User due to such blocking are excluded in these cases.

§ 7 Obligations of the User

(1) Providing the technical prerequisites required for participation in online courses and the use of self-study packages is solely the responsibility and expense of the User.

(2) For smooth participation in online courses, the User is obligated to ensure the required technical setup at their own expense. This includes, in particular, a stable internet connection, a suitable end device (computer with monitor, laptop, tablet, or smartphone) including an external keyboard and mouse, a headset with a microphone, and the required textbook in each case.

(3) The User is obligated to keep access credentials secret and protect them from access by third parties. The User is responsible for all activities occurring under their login details. The Provider’s services may only be used within the framework of these GTC, contractual agreements, and applicable laws (specifically GDPR).

(4) If a corporate customer or employer books access for its own employees, it is responsible for the proper management of these user accounts. If an employee leaves employment, the User is obligated to immediately terminate access for this employee or delete the corresponding user account.

(5) The User guarantees the accuracy and completeness of all details provided during registration or booking. The User is prohibited from selling, renting, leasing, otherwise transferring, or commercially exploiting the Provider’s content or services to third parties without prior written consent from the Provider.

(6) The User’s obligation to pay the agreed remuneration exists regardless of the extent to which they actually utilize the provided services or courses.

§ 8 Prices and Payment

(1) Stated prices include statutory value-added tax (VAT).

(2) Unless agreed otherwise, remuneration is due immediately upon receipt of the invoice and payable in advance.

(3) Payment shall be made via the payment methods specified in the booking process or on the invoice.

(4) For self-study packages, access to the booked self-study package will be activated within 24 hours after receipt of payment.

(5) The User is in default (Verzug) if the payment terms stated on the invoice or agreed upon are not met. In the event of default, the Provider is entitled to charge default interest, dunning fees, and the lump-sum default allowance in accordance with §§ 288 (1), (2) BGB. Furthermore, the Provider reserves the right to suspend regularly provided services in the event of default without losing its claim to the User’s agreed counter-performance.

(6) The Provider reserves the right to reasonably increase the prices agreed upon in the service description for self-study packages and courses after the expiration of the respective agreed term. An increase is possible for the first time after the initial contract term expires.

§ 9 Term and Termination

(1) Contracts for self-study packages in the “Premium” section are concluded for a fixed term of four weeks. The contract terminates automatically upon expiration of this period without requiring notice of termination. After the term expires, access can be extended for a fee by placing a new booking.

(2) For courses (both online and in-person), the contract term agreed upon in the respective individual contract or course description applies. The contract ends automatically upon expiration of the course period.

(3) The right of both parties to extraordinary termination for good cause (wichtiger Grund) remains unaffected. Good cause exists for the User in particular if the Provider fails to perform the contractually owed services in accordance with the contract, or fails to do so in essential parts, despite being set a grace period.

(4) Insofar as contracts for self-study packages or online courses fall under the scope of application of the Distance Learning Protection Act (Fernunterrichtsschutzgesetz – FernUSG), the mandatory statutory provisions of the FernUSG shall prevail.

§ 10 Proprietary Rights

(1) All rights to the results of the service rendered in connection with the Provider’s work for the User—in particular all copyright usage rights, design rights, trademark and trade dress rights, and other intellectual property rights (including all development stages)—belong exclusively and unrestrictedly to the Provider.

(2) The User hereby assigns to the Provider, effective as of the time of creation of the results, exclusive rights of use without restriction in terms of time, territory, or content.

(3) The Provider permanently retains the rights to its logo and trademark. The Provider’s brand and logo may not be used by the User without consent.

(4) Intellectual property rights, copyrights, and ancillary copyrights in project-specific customizations and developments remain with the Provider unless expressly agreed otherwise. The User acquires only the right to use them to the agreed extent.

§ 11 Confidentiality

(1) The parties shall treat all trade secrets and other information marked as confidential belonging to the respective other party (hereinafter referred to as “Confidential Information”) as confidential. The receiving party (“Recipient”) shall handle Confidential Information with the same degree of care as it treats its own confidential information of equal sensitivity, but at least with the care of a prudent businessperson.

(2) The use of Confidential Information is restricted to use in connection with this contract. Disclosure of Confidential Information to third parties is not permitted without prior written consent from the disclosing party. Consents must be in written form. Affiliated companies of the parties and advisors obligated to secrecy by law are not considered third parties within the meaning of this paragraph.

(3) Insofar as applicable legal obligations require, the Recipient is furthermore entitled to disclose Confidential Information. Where legally permissible, the Recipient shall inform the disclosing party prior to disclosing Confidential Information.

(4) The parties shall impose a confidentiality obligation on their employees or third parties to whom they pass Confidential Information within the framework of the respective subcontractor and employment relationships, with the proviso that the obligation of secrecy continues even after the end of the respective subcontractor or employment relationship, unless a general obligation to maintain confidentiality already exists.

(5) Exempted from the confidentiality obligation is information that:

• a) was already generally known at the time of contract conclusion or subsequently becomes generally known without violating the confidentiality obligations contained in this contract;
• b) was developed independently by the Recipient without reference to this contract; or
• c) the Recipient received from third parties or outside this contract from the disclosing party without a confidentiality obligation.

The burden of proof for the existence of the exceptions specified in this paragraph lies with the party invoking the exception.

(6) Upon termination of this contract, the parties shall, upon request, return or delete any Confidential Information belonging to the other party in their possession. Exempted from this is Confidential Information subject to a longer statutory retention requirement, as well as data backups created within standard backup processes.

(7) The Provider is entitled to use experiential knowledge—such as ideas, concepts, methods, and know-how—that is developed or disclosed during contract execution and stored in the memory of the individuals deployed for service delivery. This does not apply to the extent that industrial property rights or copyrights of the User are infringed as a result. The obligation to maintain confidentiality remains unaffected by this.

§ 12 Liability and Warranty

(1) The Provider is liable to the User in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenditure.

(2) In other cases, unless otherwise provided in Para. 3, the Provider is liable only in the event of a breach of a material contractual obligation (Kardinalpflicht)—the fulfillment of which is essential for the proper execution of the contract and on whose compliance the User may regularly rely—limited to compensation for foreseeable and typical damage. In all other cases, liability of the Provider is excluded, subject to the rule in Para. 3.

(3) Liability for damages arising from injury to life, body, or health and under the Product Liability Act (Produkthaftungsgesetz) remains unaffected by the above limitations and exclusions of liability.

(4) The Provider protects its users against cybercrime to the best of its ability. Unfortunately, this cannot always be prevented. For damages incurred by users as a result of such cybercrime, the limitation of liability under Paras. 1–3 applies with the exceptions noted.

(5) With the exception of the preceding paragraphs, the Provider is not liable for damages arising from the services provided, unless based on gross negligence or intent. Within this framework, the Provider specifically accepts no liability for lost profits, loss of data, or other indirect damages.

(6) If a course session is canceled for reasons beyond the Provider’s control (e.g., illness of the instructor, force majeure), a reasonable alternative date will be offered. If the participant does not attend this alternative date, the entitlement lapses without replacement. For group courses, the replacement date is determined by the Provider; individual participants have no right to individual coordination.

§ 13 Data Protection

(1) The parties shall comply with the respective data protection laws applicable to them.

(2) If and to the extent that the Provider processes personal data on behalf of the User in the performance of services, the parties shall enter into a standard market data processing agreement pursuant to Art. 28 GDPR prior to commencing processing.

(3) The User consents to the Provider processing and storing data necessary for the provision of services. Transfer of data to third parties shall occur only with the express consent of the User or due to legal obligations.

(4) Furthermore, the separate data protection provisions on the Provider’s website apply at the following link: https://www.german-workout.com/privacy-policy/

§ 14 Statutory Right of Withdrawal

(1) If the User is a consumer (§ 13 BGB), they generally have a statutory right of withdrawal for distance contracts. Detailed instructions on withdrawal and the model withdrawal form can be found at: https://www.german-workout.com/right-of-withdrawal/

(2) Irrespective of any statutory right of withdrawal, the Provider grants the User the right to cancel booked courses free of charge in text form (e.g., by email) up to 6 days prior to the start of the course at the latest.

(3) Cancellation less than 6 days before the start of the course (from the 5th day prior to start) as well as non-attendance excludes cancellation. The Provider’s full claim to remuneration remains intact.

(4) Transferring the claim to participate to third parties is excluded. The User is not entitled to name a replacement participant without prior written consent from the Provider.

§ 15 European Dispute Resolution

(1) The Provider points out online dispute resolution pursuant to Art. 14 Para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr. Here, consumers can enter into out-of-court resolution of consumer disputes arising from online contracts.

(2) The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Final Provisions

(1) Should individual provisions of these GTC be or become invalid or void, the validity of the GTC as a whole shall not be affected. Rather, the invalid or void provision shall be replaced through interpretation by a provision that comes closest to the economic purpose of the contract or the intention of the parties.

(2) The law of the Federal Republic of Germany applies.

(3) Amendments and supplements to these GTC require written form to be effective. There are no verbal collateral agreements.

(4) If the User is a merchant (Kaufmann), the place of jurisdiction is agreed to be the registered office of the Provider. Otherwise, statutory provisions apply.

(5) The Provider reserves the right to amend these GTC at any time. The amended GTC will be announced to the User by email or via a notification on the website. The amended GTC shall be deemed accepted by the User unless they object within a period of four weeks following notification of the changes.