General Terms and Conditions GradTutor for providers of tutoring services 

Our General Terms and Conditions apply to providers of services on our GradTutor portal on our websites or apps, on profiles on third-party websites or apps, and on all other sales channels (“Platforms”) as agreed. In particular, as our contractual partner and provider of a service on our platforms, you will find your rights and obligations as a provider towards us as well as the most important data protection provisions. 

Die Vertragssprache ist Englisch. The contract language is English.  

The term GTC refers to AGB (Allgemeine Geschäftsbedingungen) and is used synonymously.  

Preamble GradTutor 

GradTutor 

– Provides tutoring services from tutors to students

§ 1 Scope of application

Contractual relationships regulating the provision of services to users of our platforms between 

Ilja Gendler & Mona Kuribayashi GbR 

Hauptstraße 17 

52066 Aachen, 

(more information in the imprint: (https://www.gradtutor.net/impressum) 

(hereinafter referred to as “user”, “we”, or “us”) 

and you 

(hereinafter referred to as “Provider”, “Partner”, “your” or “you”). 

(2) The GTC apply regardless of whether you are a consumer or an entrepreneur. 

(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity. 

(4) You are an “entrepreneur” if you are a natural person or if you conclude a contract for a legal entity or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract with us. 

(5) These GTC apply to all our platforms. “Platforms” are all our sales and operations channels and services. In particular, it includes all our premises such as premises or offices; all our physical or electronic documents such as emails, order documents or information materials; all our sales areas such as stands or stores as well as our websites or apps and our profiles on our partners’ websites or apps. 

(6) The version of the GTC valid at the time the contract is concluded shall apply. Deviating GTC shall not be accepted. This also applies if we have not expressly objected to their inclusion. Something else may apply insofar as something else is stipulated in these GTC in individual cases. If legal texts or documents have been translated into a language other than German, the German legal texts or documents shall be legally binding and therefore applicable – the translated legal texts or documents are solely for the purpose of better understanding. 

(7) All agreements made between you and us in connection with a service result in particular from an order or assignment and the associated attachments, our confirmation, our acceptance and, if not regulated therein, from these GTC. These GTC shall also apply to subsequent orders or commissions that you place during or after the expiry of the contract term, unless other GTC have been included at that time. 

(8) These GTC shall also apply to other contracts concluded between you and us, insofar as no special GTC relating to the other type of contract exist and clauses of these GTC can be applied in terms of content. 

§ 2 Registration, account, selection procedure, and conclusion of contract

(1) You need a mediation contract with us to use our platforms (“registration”). In particular, it is required for the use of our platforms for brokering and initiating the conclusion of contracts with users. 

(2) –  

(3) The following requirements apply to registration: 

– Consumers are natural persons over the age of 18 with unlimited legal capacity or persons with limited legal capacity acting with the consent of their parents 

– Companies as natural persons fulfill the requirements of a consumer 

– Entrepreneurs as partnerships or corporations as well as any other corporations, associations or communities have legal capacity and have a representative authorized to represent them. The indication of a P.O. Box is not sufficient. 

(4) There is no entitlement to registration. We are entitled to reject an application. A contractual relationship between you and us, the “provider contract”, arises and begins with the conclusion of the registration.  Its content, in particular the service description and the remuneration for use and brokerage, can be viewed on the registration page or will be communicated to you separately. By registering, you also agree to these GTC and to data processing in accordance with our privacy policy. Alternatively, explicitly signing these GTCs also constitutes consent. 

(5) We reserve the right to carry out a selection process before creating an account. This is based on our selection criteria as an essential part of our quality management. We are entitled to make any selection without giving reasons, in particular a rejection decision. There is no entitlement to a quick or positive selection, in particular to the granting of an application. The selection criteria can be viewed on the registration page – we reserve the right to change them at any time. If costs are incurred, we will not reimburse them. 

(6) When you register, you will receive an account containing all the necessary data for use. You may only use the account yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The access data of the platforms may require a password, which must be chosen particularly securely. The access data may not be passed on to third parties – with the exception of employees or shareholders who are obliged to maintain confidentiality and who have agreed to the GTC and data protection provisions – in particular to prevent unauthorized persons from gaining access to confidential user information. The password can be changed. Multiple accounts for one person are not permitted. Any joint use is not permitted (account sharing). Access data must be stored securely, and the user must be notified immediately as soon as the impression of unauthorized use arises. If we suspect third-party use, we are entitled to do everything necessary, such as inspecting, blocking, or deleting the provider account. The provider shall be liable for any damages and costs incurred by us for any measures resulting from third-party use. The account shall exist until the termination takes effect. 

(7) The provider can log into their account at any time, view, change, or add to their profile data, communicate with us, the providers, or any other parties involved, or take any other action relating to the provider contract. 

(8) You are responsible for the content and quality of all information on the platforms. You warrant that your information is correct and complete. The information, evidence, and other data must be kept up to date at all times. You undertake not to enter, upload, or in any way make available to us or the users any content or data that is criminal, illegal, or infringes the rights of third parties or to use the platforms in any illegal manner, for example, to commit criminal offenses or to offer illegal services. 

(9) You undertake not to misuse the services offered and, in particular, not to disseminate any illegal, immoral, defamatory, offensive, obscene, pornographic, or politically radical content. 

(10) Your data may be made accessible to users of the platforms. 

(11) You must not jeopardize the secure operation of our platforms. You must refrain from doing anything that could harass other users of the platforms or that goes beyond the intended use of our platforms. In particular, you are obliged to refrain from the following: 

– Uploading or sending files that contain a virus or other malware or carrying out other interventions that could impair the functionality or accessibility of the platforms or alter or delete content, 

– Upload or send any form of advertising, in particular e-mail advertising, SMS advertising, chain letters, or other harassing content, 

– Expose the Platforms to excessive load or otherwise interfere with or jeopardize the functioning of the Platforms, 

– Use crawlers, spiders, scrapers, or other automated mechanisms to access the Platforms and collect content without written consent, 

– Collect or use information such as email addresses or telephone numbers of other users without prior consent, 

– to reproduce, make publicly available, distribute, edit, or use content from the platforms or third parties in a way that goes beyond the intended use without prior consent from us or the third party. 

(12) You declare that neither you nor – to your knowledge – any member of your household has been convicted of an intentional offense against 

– sexual self-determination 

– life 

– the physical integrity 

– personal freedom 

– personal life and privacy 

– assets such as fraud and embezzlement or insolvency offenses 

– the environment 

a criminal record. 

(13) If one of the obligations of this § is violated, we are entitled to take any measures with regard to your account. In particular, we are entitled to ask you to make a statement without giving reasons, to temporarily block the account, to issue a warning, or to permanently block or delete the account. In addition, we expressly reserve the right to assert claims under civil and criminal law. The sanctions do not affect the obligation to pay for services that have already been provided, especially if the service has already been (partially) provided. 

(14) If services on our platforms can also be used without an account, by using our platforms you are already submitting an offer to conclude a contract for the duration of the use of a platform in accordance with these GTC, which we accept by providing the service.

§ Section 3 Prices, payment, default, terms of payment, offsetting, right of retention

(1) The prices quoted by us are – unless otherwise presented or agreed in individual cases – not including VAT. We do not charge VAT, as we are using the Kleinunternehmerregelung under §19 UstG. This may change without notice. Then the prices are gross, including VAT. 

(2) Unless otherwise agreed between you and us, our remuneration is due after conclusion of the contract and before the respective service is provided. It must be paid at the latest within 2 weeks of dispatch of our invoice (invoice date). If payment is not made, we shall be in default of payment. In the event of default in payment, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest for consumers is 5 percentage points above the base interest rate according to § 288 BGB for the year; for entrepreneurs, the default interest for the year is 9 percentage points above the base interest rate according to § 288 BGB. 

(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular 

– by bank transfer to an account specified by us, 

– pay us via a payment service provider specified by us (e.g. PayPal), 

in each case insofar as we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently. 

(4) You use the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process of services. You will be taken to the corresponding page of the respective payment service provider. You use the payment service of a third-party platform such as the Apple App Store, Google Play or Amazon Appstore by downloading our app via it. With regard to the payment, we only provide access to the page of the respective payment service provider or platform, but do not become a contracting party. In most cases, it is necessary to enter into a contractual relationship with the relevant payment service provider in order to use the payment services of a payment service provider or the platform. The respective contractual terms, general terms and conditions and data protection provisions shall apply. 

(5) Referral programs are limited to 5 referrals or attempted referrals per year. Also, the reward is only granted if you were the first to propose the referee. 

(6) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed, or if you assert complaints or counterclaims arising from the same contractual relationship. 

(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and has been legally established or is undisputed. 

(8) In the event that one of our claims arising from one or more contracts is not paid on time, we are entitled to commission a debt collection agency (e.g. Creditreform) with the further collection of the claim due. By signing the contract, you agree that we transmit the data and information required to collect the debt to the collection agency (e.g. Creditreform) and that the collection agency (e.g. Creditreform) is authorized to store and process the data. In particular, the name and address, contract date, invoice number, invoice amount and due date are transmitted.

§ 4 Our services and services of the providers

(1) As a provider of tutoring or teaching services, you can present your services on our platforms and conclude contracts with our users. 

(2) You provide the services you present on the platforms after concluding a contract with a user. The contractual relationship between you as a provider and a user is established by our mediation after the conclusion of the contract. The provision of services is carried out by you as a provider for your own account and responsibility on the basis of your individual commissioning by a user and – if available – your GTC. In particular, you are liable for any breaches of duty or defects arising from the contract with the user. 

(3) You are responsible for all content, advertisements, and service offers uploaded to the platform. You undertake not to make any punishable, unlawful, abusive, misleading, or infringing offers of services or services that violate the rights of third parties; not to enter, upload, or in any way provide the users or us with any such content or data or to use the platforms in any unlawful manner. 

(4) Your content and information must be related to your services. Advertising for services not offered on the Platforms is not permitted. It is not permitted to use seals of approval or other third-party symbols that are not approved by us. 

(5) If you are an entrepreneur and make offers for consumers on the platforms, you must provide users with the legally required consumer protection information. In particular, you must inform them about the existence or non-existence of the statutory right of withdrawal. 

(6) To enable users to find your services according to their needs, we may provide you with the option of presenting the relevant information (images, videos, descriptions, brands and logos, etc.) or your offers. We enable users to carry out a search and sort the search results according to various criteria or pre-sort the results. We reserve the right to change information to ensure better comprehensibility, particularly in the case of content, grammatical, or spelling errors. 

(7) We enable you to present services to users of our platforms and conclude contracts with them in the following ways: 

Marketplace model: the user makes use of a service offered by the provider. 

Depending on the model selected, the respective agreement applies – in addition to these GTCs, if available. 

(8) A service is conducted if the following requirements are fulfilled: 

1. a) The tutor started his online video conference on the date and time specified in the booking or during rescheduling processes between student and tutor.
2. b) The tutor has given the client 10 minutes to join the video conference. 

(9) A service was participated in if the following requirements are fulfilled: 

1. a) The student joined the online video conference no later than 10 minutes after the date and time specified in the booking or during rescheduling processes between student and tutor.
2. b) The student was present and interactive for at least 75% of the class duration.

§ 5 Marketplace model

(1) Your presentation of services to the user and the granting of the option to order or commission represents a concrete offer on your part to conclude a contract with the user. (§ 13 BGB) or end consumers within the meaning of the PAngV. 

(2) The user can place a legally binding order or commission in any way offered by our platforms. By placing an order or placing an order, the user accepts the provider’s offer. A contract is concluded between you and the user. In particular, the user can submit them as follows:   

– By clicking on an order or commissioning button/button of the provider on our platforms,  

– By sending completed order documents to the provider via any common communication channel of our platforms or of the provider. 

(3) By placing an order, the user also bindingly agrees to the provider’s general terms and conditions and data processing in accordance with the provider’s privacy policy, if applicable. 

(4) If it is not possible for you to provide the service ordered or commissioned by the user or if force majeure prevents the provision of the service, the contract shall be deemed not to have been concluded if the circumstance occurred before the contract was concluded or to have been dissolved if the circumstance occurred after the contract was concluded.

§ 6 Our remuneration

(1) We receive remuneration from the providers for the use of certain models and functions of our platforms and the use of our services. 

(2) Our remuneration and – if available – the special conditions of the respective services are based on the models and functions used in each individual case. It is quoted in your mediation contract.

§ 7 Contract term and termination

(1) The provider contract between us and you shall run for an indefinite period unless we have agreed on a different term. 

(2) If no minimum term has been agreed upon, both the provider and we are entitled to terminate the provider contract at any time without giving reasons. Notice of termination can be given by e-mail. In the case of a paid service, the provider remains obliged to pay the agreed fee until the end of the contract despite termination. 

(3) In order for the termination by e-mail to be assigned, the full name, the stored e-mail address, the address, and the personal identifier should be provided. The termination of an additional service/option does not affect the underlying contract. 

(4) In the event of a minimum contract term, the contract shall be extended after the minimum contract term for an indefinite period if it is not terminated in advance by one of the parties with one month’s notice to the end of the respective term. After the extension for an indefinite period, the contract can be terminated with one month’s notice to the end of a month. 

(5) Immediate extraordinary termination for good cause is possible, in particular in the event of breaches of the provider contract and other contractual obligations, these GTC, infringement of third-party rights, and damage to reputation. A new application and registration is only possible after 3 years following a new selection procedure and without legal entitlement. Claims for damages are reserved. 

(6) Any type of termination entitles us to delete the account and all personal data created or uploaded by it. Personal data and other information transmitted to you are the sole responsibility of the respective provider.

§ 8 Revocation

(1) If you are an entrepreneur within the meaning of § 14 BGB, the right of withdrawal does not apply. The following applies to consumers: 

 

Cancellation policy 

Right of withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the conclusion of the contract. 

To exercise the right of withdrawal, you must inform us (Ilja Gendler & Mona Kuribayashi GbR, Hauptstraße 17, 52066 Aachen, +491744164160, info@gradtutor.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. 

Consequences of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. 

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. 

  

Sample withdrawal form 

(If you wish to withdraw from the contract, please complete and return this form). 

– To (Ilja Gendler & Mona Kuribayashi GbR, Hauptstraße 17, 52066 Aachen +491744164160, info@gradtutor.net): 

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

– Ordered on (*) / received on (*) 

– Name of the consumer(s) 

– Address of the consumer(s) 

– Signature of the consumer(s) (only in case of notification on paper) 

– Date _______________ (*) 

– END OF THIS MODEL WITHDRAWAL FORM – 

 

(2) The right of withdrawal does not exist, expires or can be excluded if a legally regulated case, a corresponding court decision or another legal reason exists. Legally regulated cases result in particular from §§ 312 g or 356 BGB. 

(3) In the case of a contract for the delivery of digital content not on a physical data carrier, the right of withdrawal shall also expire if the trader has started to perform the contract after the consumer has 

1. has expressly consented to the trader commencing performance of the contract before expiry of the withdrawal period, and
2. has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon commencement of the performance of the contract.

(4) The right of withdrawal shall expire, in particular in the case of a contract for the provision of services, even if the trader has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, notwithstanding sentence 1, if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.

§ 9 Duty to cooperate

(1) You shall support us in the provision of our contractual services through appropriate acts of cooperation. You shall, for example, provide us with the necessary information, data, circumstances, and conditions; provide us with documents, materials, items, or access for the performance of the service; give us instructions and approvals without delay; and name a competent contact person who will not be replaced. 

(2) Insofar as you are not authorized to notify us or provide us with access in accordance with paragraph 1, this shall also constitute a lack of cooperation. You assure that you are authorized to take the corresponding actions. You shall indemnify us on first demand against any claims made against us by third parties due to your lack of authorization and shall compensate us for any damage incurred due to the claim by the third party, including any court and legal costs incurred for legal defense. In all other respects, the statutory provisions shall apply. 

(3) Missing, incomplete, damage-causing, or infringing cooperation – for example, by communicating or supplying incomplete, incorrect, or unsuitable information, data, materials, or documents – shall entitle us to terminate the contract, in the case of a contract with an entrepreneur also without effect on the agreed remuneration. 

(4) If we suffer damage as a result of incorrect cooperation, we shall be entitled to compensation. In this case, you shall also indemnify us against all third-party claims asserted by third parties in connection with incorrect cooperation on your part, at least due to gross negligence.

§ 10 Communication

(1) In order to ensure quick and easy communication with each other, communication is generally via e-mail and telephone. You consent to information being sent to you by e-mail, your account on our platforms, by post, or other means. 

(2) Dispatch and communication are at your risk. We are not responsible or liable for disruptions in the Internet networks, for server and software problems of third parties, or problems of a postal or delivery service provider.

§ 11 Ratings and testimonials

(1) You can submit ratings and testimonials in order to assess your subjective opinion of the quality of the service you have received. In principle, we cannot check the truthfulness of a rating when it is submitted. We reserve the right to decide whether to publish ratings. 

(2) Reviews and testimonials must be truthful and factual. They must not be defamatory, insulting, hurtful, abusive or offensive. Insofar as a review is purely an expression of opinion, it must have a true factual basis. We will delete any reviews and testimonials that violate this provision.

§ Section 12 Technical availability, data, functionality, and content

(1) The platforms are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our control and subject to outages and maintenance work required for operation. We take great care to ensure the highest possible availability. Availability depends, among other things, on your technical equipment. Interruptions in availability may occur due to necessary maintenance and security work or unforeseen events beyond our control. 

(2) We are not liable for your loss of data or any resulting damage insofar as the damage would not have occurred if you had regularly and completely backed up your data. 

(3) We may change any functionality, appearance, structure, or content of our platforms without obtaining your consent. 

(4) We are entitled to block or change all content – including user-generated content. 

§ 13 Granting of rights

(1) You undertake not to disseminate any texts, images, videos, audio files, and/or other content (“files”) via the platforms that violate applicable law, morality, and/or these GTCs. In particular, you undertake to observe the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights, and any other industrial property rights (hereinafter “property rights”). 

(2) You hereby grant us a comprehensive, exclusive, spatially and temporally unlimited right to use the files or property rights that you publish via our platforms or upload to our platform or to the user account or forward to us in any other way, in particular, the right to use your image, your name or company name, your brand, and any other materials. To the extent permitted by applicable law, you hereby unconditionally and irrevocably waive all moral rights in the files, including the right to attribution and the prohibition of distortion. 

(3) The granting of rights includes, in particular, the right to exploit the files for your own or third-party purposes in any way worldwide and for an unlimited period of time, including exploitation in and on products, whether your own or those for third parties, in all types of use. It also includes the right to reproduce and/or publish the files. The rights also include the editing right, i.e. the right to further edit the files or have them further edited by third parties. 

(4) Insofar as we create files for the user or provider, all copyrights and user rights remain with us.

§ 14 Our rights to our platforms

(1) You agree that the platforms and all applications associated with them are database works and databases within the meaning of Sections 4 (2) and 87a (1) of the German Copyright Act (UrhG), of which we are the legal owners. All associated applications are subject to protection under §§ 69a ff. of the German Copyright Act (UrhG). They are protected by copyright. 

(2) We are also exclusively entitled to the rights to all other elements of our platforms, in particular, the rights of use and ancillary copyrights to the content and documents posted by us or acquired by granting rights. In particular, trademarks, other marks, company logos, proprietary notices, copyright notices, or other features that identify individual elements of our platforms may not be removed or altered. This also applies to printouts.

§ 15 Modification of the services

We reserve the right to discontinue, change, or restrict the access to software, online databases, functions, operating systems, documentation, and all other components of our software as well as their functionality – to the extent legally permissible, even without prior notice – in whole or in part, at any time, temporarily or permanently. In particular, we reserve the right to change or deactivate features of our services (e.g., design, layout, categories, structure, or availability), to convert free components into fee-based components, to no longer support certain functions, or to suspend compatibility (e.g., with certain device types or operating systems).

§ Section 16 End User License Agreement (EULA)

(1) We grant you a personal, non-exclusive, revocable, non-transferable, and worldwide right to use the platforms – in particular any software functions on the website or apps -, their content, services, other functions, and all updates. This is granted exclusively for your own use and within the scope of the use of the Platforms and their services, to the exclusion of any other purposes. 

(2) Our digital products (in particular apps and software) are licensed to you and not sold to you. 

(3) The license does not give you any right to use the content. In particular, it is prohibited: 

– Adapt, modify, translate, edit, reverse engineer, disassemble, transcode, or reverse engineer the Platforms, their content, services, other features or updates, or any part thereof; 

– Export the Platforms, their content, services, other functions or updates, or combine them in whole or in part with other software programs, or reproduce them in whole or in part, by any means and in any form, permanently or temporarily; 

– extract or re-use the contents of the databases created from the Platforms; 

– create works derived from the licensed Platform; 

– use processes or software designed to copy the Platforms, their content, services, other functions or updates without our consent; 

– Set up systems that are capable of hacking the Platforms. 

– to offer or provide our services to third parties without our consent. 

(4) Violation of this prohibition is punishable by law and liable for damages.

§ 17 Copyrights

We have copyrights and other rights to all images, films, texts, and other content protected by copyright or similar rights that are published on our website, our profiles on other websites, our social media profiles, and all our platforms. The use of images, films, texts, and other rights is not permitted without our written consent.

§ 18 Protection of minors

If services are provided that are subject to the protection of minors, age verification will be carried out using suitable measures in order to check the identity and age of the contractual partner.

§ 19 Data protection and data security

(1) We collect personal data from you and any other data provided by you or obtained by us in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. We process them in accordance with the obligations of the GDPR. According to Section 5 (1) GDPR, personal data must essentially be 

(a) processed lawfully and fairly and in a manner that is comprehensible to the data subject (“lawfulness, fairness, transparency”); 

(b) collected for specified, explicit, and legitimate purposes and not further processed in a way incompatible with those purposes (“purpose limitation”) 

(c) adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”) 

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”) 

(e) kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (“storage limitation”) 

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical and organizational measures (“integrity and confidentiality”). 

(2) As a matter of principle, data will not be transferred to third parties if there is no corresponding obligation or if the execution of the contract or compliance with a legal deadline makes data transfer necessary, for example, if the transfer of the data is necessary in order to carry out a query for you by a third-party provider necessary for the execution of the contract, your data is forwarded to a payment provider or freelancers are used to contribute to the fulfillment of a service obligation to you. In these cases, the service providers will often have a contractual relationship with you so that they act on their own responsibility. 

(3) As soon as data is no longer required for the purpose of its processing, and if there is no further legal obligation to retain it, we will delete it. We retain your data during the initiation of our contractual relationship and during its execution. It may also be necessary to retain data after termination of our contractual relationship. For example, invoice data (billing documents) must be stored for 10 years in accordance with Section 147 of the German Fiscal Code. As long as a service provider performing services for us also has a contract with us for the performance of your service, we remain obliged to retain the data in accordance with the agreed retention periods. 

(4) You have the right to information, data transfer, deletion, correction, restriction, or blocking of your personal data. In particular, you have the right to receive information about all personal data free of charge. 

Your request can be sent to us. You can find the contact details in our legal notice: (https://www.gradtutor.net/impressum). You also have the right to seek administrative or judicial remedies or to lodge a complaint with a supervisory authority.

§ 20 Liability and indemnification

(1) The User shall be liable to the Partner in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. 

(2) In other cases, the User shall only be liable – unless otherwise regulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. 

(3) The User’s liability for damages resulting from injury to life, body, or health under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability. 

(4) The Partner shall indemnify the User against any third-party claims asserted against us and/or our vicarious agents due to possible culpable breaches of the Partner’s obligations – in particular from these GTC – upon first request. The partner shall compensate the user for any damage incurred as a result of the claim by the third party, including any court and legal costs incurred for legal defense. In all other respects, the statutory provisions shall apply.

§ Section 21 Place of performance, applicable law, contract language, and place of jurisdiction

(1) Aachen is agreed as the place of performance for all services under the contract. 

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Partner is a merchant and has its registered office in Germany at the time of commissioning, the exclusive place of jurisdiction shall be the registered office of the User in Aachen. Otherwise, the applicable statutory provisions shall apply to local and international jurisdictions. 

(3) Unless otherwise agreed in writing, the contractual language shall be English. translated legal texts or documents serve solely to improve understanding. In particular, with regard to a contractual agreement as well as to these GTC, the data protection provisions, or all other legal texts or documents, the English versions are legally binding; this applies in particular in the event of deviations or differences of interpretation between such legal texts or documents. 

(4) The EU Commission has created an internet platform for the online settlement of disputes – the alternative dispute resolution in accordance with the ODR Regulation and Section 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr 

Participation in a dispute resolution procedure before a consumer arbitration board is not mandatory and is not undertaken by us.

§ 22 Final provisions

(1) Amendments and additions to these GTCs shall be made in writing; we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, that there is no breach of good faith, and that the amendment is not objected to. In the event of a change, notification will be made via one of the communication channels – in particular by e-mail – 2 months before it takes effect. The amendment shall become effective if it is not objected to within this period, after which the amended GTC shall become valid.  

(2) We reserve the right to assign this contract to another company. It shall take effect 1 month after a notice of assignment has been sent to you via one of our communication channels – in particular by e-mail. In the event of an assignment, you have a right of termination, which applies 1 month after receipt of the notification of assignment. All rights granted to us shall also be deemed to have been granted to our legal successors. 

(3) In the event that individual provisions of these GTCs are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose. 

§ Section 23 Advertising by third parties

(1) We reserve the right to display third-party advertising on our platforms. We have no influence on the advertising, in particular not on its content, reliability, or accuracy. Advertisements are displayed without our review; in particular, we do not approve their content – the advertiser alone is responsible. For any form of use – in particular by clicking, using their services provided via an application programming interface (“API”), or visiting their platforms linked to the advertisement – their contractual terms, general terms, and conditions, and data protection provisions apply. 

(2) Advertising may, in particular, be accompanied by links to third-party platforms or third-party API applications. Here, too, the respective provider of the advertising is solely responsible. Their terms of contract, general terms and conditions, and data protection provisions apply.