§ 1 Scope
(1) The following terms and conditions (GTC) govern the contractual relationship and the use of the services of TypingAcademy (provided by Cord Bolte, headquartered in Berlin/Germany, subsequently called provider) and the end users, companies and educational institutions, who intake the services of the provider (hereinafter called the customer).
(2) The customer accepts the general terms and conditions by using the services of the provider, even without having explicitly confirmed them previously (e.g. via an input mask).
(3) The terms and conditions of the provider are available on the Internet at any time under www.typing.academy/terms.
(4) Any deviating terms and conditions of the customer are not valid for the services of the provider, unless the provider has expressly agreed in writing.
(5) The rights conceded to the customer based on the terms and conditions of the provider are non transferable without written permission by the provider to any third party.
§ 2 Object of contract
(1) The object of this contract is the web-based software (SAAS) owned by the provider and all services offered through.
(2) The provider helps you lern touch typing - the blind typing on your computer keyboard - and increase your typing speed.
(3) The web-based software can be launched from any web browser of the customer. The software itself remains at all times on the provider's servers. The customer only accesses the service via an Internet connection.
(4) The offers of the provider can be reached in different ways by the customer:
- freely accessible services can be used by all customers (visitors) for free, provided that the use is accordingly to the terms and conditions of the provider. The use is done by invoking the web service of the provider via a web browser.
- user accounts enable customers to save his progress permanently on the provider's servers. For this purpose, the customer must register with a valid e-mail address at the web service.
- chargeable services improve the offer of the web service and are used by the customer only after the payment of a predetermined fee. (subscription)
§ 3 Contract basics
(1) The offers on the Internet represent a non-binding invitation to you to use the services of the provider.
(2) The customer bears the risk that the service offered on this basis corresponds to his wishes, needs and objectives.
(3) If the customer wants to agree on binding targets, he must put this in writing. They will not take effect until countersigned by the provider.
(4) The provider guarantees the availability of its server infrastructure by 98% throughout the year. This does not include downtime required for necessary maintenance or if the provider is not responsible directly.
(5) The provider may restrict access to the services if the security of network operations, the maintenance of the overall server operation and network integrity, in particular the avoidance of serious disturbances of the network, software or stored data makes it necessary.
(6a) For any free services offered by the provider, the customer has no claim to use them. The provider is entitled to fund free services with ads, change them fundamentally or stop them temporarily as well as entirely.
(6b) The provider is authorised to continuously develop and change his services. Excluded from this is the removal of basic functions from paid services with which the provider has advertised at the time of the conclusion of the contract.
(7) The provider uses currently and commonly used browser technologies for its services . To qualify the full use of the offer from the provider, the customer must also use these technologies or enable the use of these technologies on his computer (e.g activation of Java script, cookies , pop-ups) . When using older or not commonly used technologies, it may be that the customer can use only limited benefits from the provider’s service.
(8) By creating an user account, the customer agrees to obtain mails to his provided mail address about his personal statistics and performance progress.
(9) For all other emails that are not directly related to the customer's account - and in particular for those with advertising intention, the customer can decide, if he wants to get receive or not.
§ 4 Copyright
(1) The provider grants the customer to use the services of the provider with a simple, temporally and spatially limited and non-transferable right.
(2) The use of the services must happen on the server of the provider to which the customer accesses using a web browser.
(3) For paid services, the contractual period is limited to the period of the lease. For free services the provider decides solely over the useful life.
(4) The use of the services of the provider are only permitted in the specified way given by the provider. Any improper act results in the exclusion and draws penalties for any gross violation and any incurred damages.
(5) Any form of commercial use by the customer is prohibited unless the provider allows this type of use explicitly in writing.
(6) All provided services and content from the provider are copyrighted and may not be removed from the context of the provider, copied or used otherwise. Each of those provisions contrary action also attracts immediate penal consequences.
(7) Any form of commercial use on the part of the customer is prohibited, unless the provider explicitly grants this type of use for a particular service used.
§ 5 Prohibited uses
(1) The customer may not use the services and resources of the provider for any illegal or criminal acts. These include in particular activities which aim at the following intentions:
- the violation of copyrights and trademark rights
- the unsolicited sending of advertising (spam)
- violations of the right to their own image (KunstUrhG)
- political statements aimed for discriminate, discredit or defame people
- adjustment of links to crackers, warez, download and streaming portals
- unauthorized hacking into computer systems, servers and databases of the provider
- obstruction of the server system of the provider through denial of service attacks, such as spam mail bombs
- search for open ports in the server system or database of the provider, such as port scanning or MySQL includes
- counterfeiting of IP addresses, mail and news headers, and the spread of viruses
(2) The provider is obliged by law to delete or to stop any illegal activities, upon obtaining knowledge of them.
(3) The customer is prohibited to abuse the services of the provider in a way that the technical infrastructure of the provider and its performance and data is impaired or prevented.
(4) The customer agrees to keep all passwords strictly confidential and the provider must be informed immediately as soon as it becomes aware, that third parties know it.
(5) The customer is not allowed to use the services of the provider in any not contractually agreed way, e.g. for commercial purposes, without the express permission of the provider.
§ 6 Products, prices, payment terms
(1) The chargeable services of the provider can be used by the customer for a limited time after paying a agreed fee. The paid services of the provider are rented to the customer and will never go in the possession of the customer.
(2) The rates and billing cycles of the paid services can be found on the website of the provider. All printed or stored price information in the price lists and electronic media are to be understood as an invitation to make an offer. Errors in the information and documentation provided, as well as short-term price changes can not be ruled out.
(3) The fee-based services of the provider are billed via bank transfer, debit and external payment service provider.
(4) The customer can correct his input before submitting the order at any time. The ordering process can be cancelled by the customer at any time by closing the browser window.
(5) The provider reserves the right to adjust prices. Price increases or price reductions are communicated to the customer at least 30 days before the effective date and will be send to the mail address specified in the customer’s user account. Price reductions do not apply to existing contracts, but are applied automatically as part of a contract extension.
(6) A switch to higher-priced packages is free of charge. Prices are billed monthly pro rata basis.
(7) In case of default - also due to insufficient funds in your account with direct debit - the provider is entitled to terminate the services or terminate this contract after appropriate threat. The provider reserves further claims in case of default.
§ 7 Termination, blocking and deletion of user accounts
(1) Paid offers from the provider (subscription) are not automatically renewed at the end of the contract period, unless it is explicitly stated in the offer descriptions of the provider.
(2) The customer has the right to cancel paid offers from the provider (subscription) if the contract term will be extended automatically as of the end of his contract term. Failure to comply with this deadline, the subscription is further extended by the specified contract period.
(3) If you breach these terms and conditions, the provider is allowed to terminate the account of customer temporarily or remove it completely.
(4) If on a free account no activities take place for more than 3 months, the provider is entitled to delete the user account permanently.
§ 8 Privacy, Confidentiality
(1) The provider processes and uses personal data of a customer without further consent only if they are necessary for the provision of services of the provider as well as for billing purposes.
(2) The provider hereby informs the customer that data protection for data transmission in open networks such as the Internet, according to the current state of technology can not be guaranteed. The customer knows that the provider can view the customer's data stored on the server from a technical perspective at all times. Other participants in the Internet who are technically illegally manipulating the network security may be able to control network traffic. For the safety of the data transmitted via the Internet and stored on servers, the customer is fully responsible.
(3) All discharged data from the customer subject to privacy laws, which means that the provider will store your data properly, disclose it to the customer on demand at any time, and delete it if the customer no longer need the services of the provider.
(4) Personal data is only those data entered independently by the customer as part of a user registration or when signing on to a newsletter. All data that results from the use of the services of the provider remains the property of the provider. The customer has no right to inspect or demand to delete this data. When the customer signs off from the services of the provider or asks to delete his personal data all relationships between the personal data and the user data will be removed.
(5) When using the services of the provider non-personal information are stored locally on the customer's computer. (Cookies, Local Storage) By using the services of the provider, the customer agrees with the retention of local data. If desired, the customer is responsible to delete this data by himself.
(6) With the use of the services of the provider, the customer agrees with the security measures of the provider to protect its personal data. The customer has no right (either by himself or through third parties) to inspect the source code, server architecture, transmission lines or other internals of the provider for the purpose of its own review claims.
(7) In addition the legal data protection regulations apply to all data.
§ 9 Liability
(1) The provider is only liable for damages caused by gross negligence or intent of the provider, his legal representatives or one of its agents, as long as he does not violate an essential contractual obligation. The liability is limited according to the in the contract typically foreseeable damage, except for intent and / or gross negligence or breach of a contractual obligation. Also unaffected is a slightly negligent violation of life, body and / or health.
(2) The provider is not liable for the correct functioning of infrastructures or communication of the Internet that are not within the responsibility of the provider or its partners / suppliers.
(3) The use of services of the provider is entirely at the risk of the customer.
(4) The customer is liable for all damages that arise to the provider by safety deficiencies of the customer (e.g. posted password) and by improper use (§5).
(5) Neither the provider nor its partners, licensors, employees, agents or other employees ensure that the services of the provider will be uninterrupted and error free. Nor the aforementioned individuals, institutions and companies assure or accept a guarantee that certain results can be achieved through the use of services.
(6) All services of the provider will be developed taking into account the latest economically viable level of security. Extensive attacks on the server of the provider may cause operational failures and loss of data, for which no liability is assumed.
(7) For the loss and recovery of personal data that has been stored on the servers of the provider, the provider is only liable in accordance with the preceding provisions and only if such a loss would have been unavoidable by adequate backup measures by the customer.
(8) The contents of our pages were created with the greatest care. However, we cannot guarantee that the contents are correct, complete and up-to-date. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored information from third parties or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such legal infringements, we will remove the content in question immediately.
(9) Our website contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not identified at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
§ 10 Affiliate program
(1) Customers have the opportunity to promote the provider's offerings and thereby receive commissions for sales of fee-based products.
(2) Approval to participate in the affiliate program is the sole responsibility of the provider.
(3) Tracking of product sales and distribution of commissions is carried out through Digistore24's affiliate partner program. After approval of participation, the affiliate must set up a user account through Digistore24. In addition to our GTCs, the GTCs of Digistore24 apply, which can be found under https://www.digistore24.com/page/merchant_contract.
(4) When clicking on an affiliate link, a cookie is set on the provider's website and the affiliate noted there is passed on to Digistore24 in the event of a product sale. The cookie has a duration of 180 days. If several affiliate links are used by visitors, the last link used is valid in each case.
(5) The affiliate may only use the affiliate links provided to him/her in such a way that they do not conflict with the provider's business interests. The following uses are therefore prohibited, among others:
- Affiliate links where it is not clearly evident to visitors that they will be redirected to the provider's offer by clicking on the link.
- Affiliate links whose call is forced or provoked by misleading measures
- Affiliate links on websites that can purposefully or even unconsciously create confusion with the provider's offer (e.g. through similar domain names, similar layout, etc.)
- Affiliate links on websites that compete with the provider's search engine ranking through targeted SEO measures
- Affiliate links on websites that can be reached via paid advertising measures
- Affiliate links distributed via e-mail distribution lists (e.g. newsletters)
- Affiliate links accessed by users where the affiliate pays for the cost of the products
- Affiliate links that are called up by users who cannot decide for themselves whether they want to purchase the provider's products (e.g. through authority to issue instructions in companies, public authorities or schools)
(6) In order to prevent the unauthorized use of affiliate links, the provider uses referrer tracking and can block affiliate links from undesirable sites at any time (blacklisting). In the event of repeated violations, the provider may also exclude the affiliate from the affiliate program completely.
(7) The affiliate can and should coordinate the use of affiliate links with the provider in advance to avoid affiliate links being blocked (whitelabeling).
(8) Affiliate links can be advertised with the help of graphic elements. For this purpose, advertising materials provided by the provider are to be used as a matter of priority. The affiliate's own graphic solutions or adaptations must be coordinated with the provider in advance.
(9) The affiliate must independently register his activity and the resulting income at the responsible authorities and pay taxes. He is not in any business dependence to the provider.
§ 11 Amendment of GTC
(1) Whenever the terms and conditions of the provider change, they will be published to www.typing.academy/terms.
(2) In important changes and if the customer has created an user account at the provider’s services, the customer will be informed by e-mail to its specified e-mail address at least four weeks before the changes take place.
(3) If the customer does not disagree such changes within one month of delivery, these changes shall be deemed accepted.
(4) If the changes happen to the disadvantage of the customer, the customer may terminate the contract within one month of the notification of change.
§ 12 Foreign language
(1) The contract language is German.
(2) If the terms and conditions are translated into a foreign language, on any linguistic ambiguities the German version of the terms and conditions are always decisive.
§ 13 Applicable law, Jurisdiction
(1) Place of performance for all obligations from the contractual relationship is the location of the provider.
(2) All disputes arising from the agreement concluded with the customer contractual relationships are subject to the laws of the Federal Republic of Germany. In cross-border transport, German law applies, excluding the CISG.
(3) The exclusive jurisdiction for all disputes from this contract is Berlin, provided that the customer is a merchant, legal person of public law, public special estate or is without jurisdiction domestically. The provider is also entitled to sue the customer at its general jurisdiction.
§ 14 Final provisions
(1) Changes, amendments and cancellations of these terms and conditions only apply in writing. A change of this clause also requires the written form.
(2) If any provision of these terms and conditions is invalid, the validity of the remaining provisions will not be affected. The parties undertake to make this provision as close as possible effective regulation instead of the ineffective provision. The same applies to omissions.
Last changed: April 2022