Platform Terms
General Terms of Use and Customer Information of AMBYLON GmbH for the AMBYLON Platform
I. General Terms of Use
II. Customer Information
I. General Terms of Use
1. Basic Provisions
1.1. The following Terms of Use apply to the use of the digital learning platform operated by AMBYLON GmbH, Am Walzwerk 21, 45527 Hattingen, Germany (hereinafter referred to as the "Operator"), available both at www.ambylon.com and via the mobile application (app) (hereinafter referred to as "AMBYLON"), by registered users (hereinafter referred to as "User" or "you").
1.2. For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.
1.3. An entrepreneur within the meaning of Section 14 (1) of the German Civil Code (BGB) is any natural or legal person, or a partnership with legal capacity, who acts in exercise of their self-employed professional or commercial activity when entering into a legal transaction.
1.4. Unless otherwise agreed, the inclusion of any of the User's own terms and conditions is hereby rejected.
2. Eligibility and Entrepreneur Status
2.1. Registration as a User on AMBYLON is available to both consumers (Clause 1.2) and entrepreneurs (Clause 1.3) who use the services in the course of their independent professional or commercial activity.
2.2. The Operator reserves the right to verify both the consumer status and the entrepreneur status of Users before concluding the contract.
2.3. The Operator further reserves the right to block a registered User at any time if circumstances become known that contradict the User's consumer status or entrepreneur status.
3. Subject Matter of the Contract
3.1. AMBYLON is a digital learning platform on which registered Users may acquire licenses for educational offerings, in particular e-learning courses, for a defined period as part of a paid subscription. These may be concluded for different, possibly changing terms that are displayed in the order options.
3.2. The subject matter of the contract is the provision of access to and use of digital content in the form of a digital service (provision of instructional videos for streaming via the Internet).
3.3. You receive access to the platform content in the form of streaming. In addition, you can use the offered platform functions. Further details regarding the scope of services are set out in the service description on the Operator's website.
3.4. The Operator provides the technical possibility for Users to use AMBYLON. The contract for the offered products is concluded directly between the Operator and the User via AMBYLON. Only the respective contracting parties are responsible for fulfilling the obligations arising from these agreements.
4. Creation of a User Account, Conclusion of Contract
4.1. A prerequisite for using AMBYLON is prior registration and the creation of a User account.
4.2. The Operator's offer to conclude a usage agreement is binding. By placing the respective subscription offer on its website, the Operator submits a binding offer to conclude a contract via the online ordering system under the conditions stated in the service description. After registration, the Operator offers Users various paid services. The User can choose between the following models:
- Purchase of individual licenses, cancellable monthly.
- Purchase of individual licenses with a minimum contract term of 12 months.
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the following provisions:
Via the "Start" button, a User can register on AMBYLON and create a User account. To do so, after opening the "Start" page, the User must enter their name or company name, VAT ID if applicable, contact details, phone number and address, and define an email address, username, and password. The User can then select a defined period for using the Operator's services. The User must then select a payment method. Available payment methods are credit card, Apple Pay, PayPal, SEPA direct debit, and SEPA bank transfer.
Before submitting their contractual declaration, the User has the possibility at any time to correct or delete entries, or to cancel registration by closing the browser window or selecting the browser's "back" function. After sending data by confirming the "Register" button, the User receives a confirmation of completed registration by email. By clicking the "Register" button, the User accepts the Operator's contractual offer to conclude the user agreement. In addition, the User receives another email in which they must finally verify their email address by clicking a confirmation link in that email. A non-verified User cannot yet view or use the course offering.
4.3. If you use an instant payment system as payment method (e.g., PayPal [Express/Plus/Checkout], Amazon Pay, Sofort, giropay), you will either be taken to the order overview page or redirected to the instant payment provider's website.
If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, either on the instant payment provider's website or after being redirected back to our website, the order data will be displayed as an order overview.
4.4. The processing of all information required in connection with contract conclusion is carried out by email, partly in an automated manner. The User must therefore ensure that the email address provided is correct, receipt of emails is technically ensured, and in particular not prevented by spam filters.
5. Viewing Period / Trial Phase
If indicated in the offer, first-time users receive an offer-dependent viewing period / trial phase. The viewing period / trial phase begins upon receipt of access data and ends automatically after the period stated in the offer. If there is good cause, the Operator may discontinue or modify such a free trial subscription at any time without prior notice.
6. Technical Requirements
The technical requirements necessary for using AMBYLON and the products made available there are listed in the offer and for the respective product. The User is solely responsible for ensuring that these technical requirements are met.
7. Availability
7.1. The Operator provides AMBYLON with an average monthly availability of 98%. Excluded are maintenance times and periods during which the server is unavailable due to technical or other problems beyond the Operator's control (force majeure, network disruptions outside our network, fault of third parties, etc.).
7.2. The Operator has the right to make any changes or improvements to AMBYLON if deemed necessary.
7.3. The Operator has the right, without prior notice or compensation, to temporarily prevent access to AMBYLON if necessary to ensure maintenance or continuity. The User acknowledges that the Operator cannot be held liable in this respect and waives any claim for compensation and/or any right of action against the Operator in this regard. Temporary interruptions of AMBYLON will, where possible, be announced at least 24 hours in advance unless urgent.
7.4. The provisions of Section 12 of these terms of use remain unaffected.
8. Prices and Payment Terms
8.1. For concluding a contract for the paid services listed under Section 4.2 of these terms of use, the Operator charges the following monthly amounts, depending on the term:
- Purchase of individual licenses for one month each: EUR 24.95 gross per month and license
- Purchase of individual licenses for 12 months: EUR 19.94 gross per month and license
These prices include statutory VAT. Details and available payment methods can be found on AMBYLON. The prices published by the Operator at the time of contract conclusion apply.
8.2. Unless otherwise specified or contractually agreed, the amount is due for payment immediately after it arises.
8.3. If a payment method offered via Mollie is selected, payment processing is carried out via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands).
The individual payment methods via Mollie are shown under a corresponding button on our website and in the online order process. For payment processing, Mollie may use additional payment services; if special payment conditions apply, you will be informed separately. Further information on Mollie can be found at https://www.mollie.com/de (https://www.mollie.com/de).
9. Usage License
9.1. The course content provided by us is protected by copyright. During the contract term, you receive the usage license described in paragraphs 2 and 3, unless otherwise stated in the respective offer.
9.2. You receive access to course content only in the form of streaming and only for your personal, non-commercial use, and only within the scope provided and permitted by the normal technical functionality of the service. Streaming means the digital transmission of content over the internet to a user-operated internet-capable end device in a way intended for real-time viewing, but not for (permanent or temporary) downloading, copying, storing, or redistributing by the User.
9.3. You have access to an unlimited number of repetitions during the contract term.
9.4. You are not entitled to rent out the digital content subject to the contract, or parts thereof, to sublicense it for consideration or free of charge, to publicly reproduce it, to make it otherwise accessible, or to make it available to third parties in any other way.
10. User Accounts and Indemnification
10.1. The Operator may temporarily block or delete individual Users if the User violates the terms of use.
10.2. The Operator will take into account the legitimate interests of the User, in particular fault, when selecting the measure and will justify the blocking or deletion to the User in text form.
10.3. In the event of temporary blocking of a User, the Operator will restore access without undue delay as soon as the suspicion of violation of a statutory provision or a provision of these terms and conditions is excluded.
10.4. Users shall indemnify the Operator against all third-party claims asserted due to infringement of third-party rights through the contractually compliant publication of Users' materials on the platform, in newsletters, or other advertising materials. The indemnification includes compensation claims as well as reimbursement of reasonable legal defense costs arising from unlawful or improper use of the Operator's services. Indemnification requires that a settlement or acknowledgment of third-party claims is made only with the User's prior written consent.
11. Warranty and Liability
11.1. Statutory warranty rights for defects apply.
11.2. Under German law, the Operator is fully liable for damages resulting from injury to life, body, or health that are in direct causal connection with operation. The Operator is also fully liable in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee, and all other cases regulated by law.
11.3. If accessories necessary, optional, and/or associated with use of the services are used, such as computers or VR (virtual reality) headsets, the following applies in deviation from Section 11.2:
11.3.1. The User uses accessories in accordance with the safety instructions communicated by the accessories' manufacturer and must observe them during use. The Operator is not the manufacturer of the accessories.
11.3.2. The Operator assumes no liability for injuries to body, life, or health resulting from improper use of accessories by the User.
11.4. If essential contractual obligations of the Operator are affected, liability for slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize achievement of the contract purpose, as well as obligations that the contract imposes on the Operator according to its content to achieve the contract purpose, whose fulfillment makes proper performance of the contract possible in the first place, and on whose compliance the User may regularly rely.
11.5. In the event of breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.
11.6. According to the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the Operator is not liable for continuous or uninterrupted availability of the website, the platforms, and the services offered there.
12. Right of Retention and Assignment
12.1. Users may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
12.2. Assignment of claims against the Operator to third parties is only possible with the Operator's written consent. This applies in particular to transfer of the User account to a third party.
13. Contract Term and Termination
13.1. Unless otherwise agreed, the contractual relationship between User and Operator for use of AMBYLON covers the periods shown in Section 4.2 of these terms of use.
13.2. If the User has selected a service period of one month each (plan "Flex"), the User may terminate the contractual relationship by the 3rd working day of a calendar month with effect at the end of that month.
13.3. If the User has selected a service period of 12 months (plan "Comfort"), the contractual relationship is automatically extended by one further month each time unless terminated by the 3rd working day of a calendar month with effect at month-end. The Operator may terminate the user agreement vis-a-vis the User without stating reasons with two weeks' notice.
13.4. The right to extraordinary termination for all parties remains unaffected. In particular, the Operator has a right of extraordinary termination in the event of violations of these terms of use.
13.5. To be effective, any termination must be in text form (e.g., email) or be declared and transmitted via the cancellation button integrated into our website ("Cancel contracts here" or similar wording).
14. Applicable Law and Jurisdiction
14.1. German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
14.2. Place of performance for all services arising from business relations with the Operator, and place of jurisdiction, is the Operator's registered office, provided the User is not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if the User has no general place of jurisdiction in Germany or the EU, or if the residence or habitual abode is unknown at the time legal action is brought. The right to also bring proceedings before another court of statutory jurisdiction remains unaffected.
14.3. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
Last updated: 23 May 2023
II. Customer Information
1. Identity of the Seller
AMBYLON GmbH
Represented by Managing Director Jörn Halsinger
Am Walzwerk 21
45527 Hattingen
Germany
Phone: +49 2324 683 51 19
Email: ambylon@ambylon.com
EU Online Dispute Resolution platform:
2. Information on Conclusion of the Contract
See Section 4 of the General Terms of Use.
3. Contract Language, Storage of Contract Text
3.1. Contract language is German.
3.2. The full contract text is not stored. Order data and legally required information are sent by email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment
5.1. The prices stated in the respective offers are total prices. They include all price components, including all applicable taxes.
5.2. Bank or currency transfer fees may apply where payment originates outside the EU.
5.3. Available payment methods are indicated under a corresponding button on the platform or in the respective offer.
5.4. Payments are due immediately unless otherwise agreed.
6. Provision
Digital content is made available immediately after successful registration and payment. No shipping costs apply.
7. Statutory Liability for Defects
Warranty rights are governed by Section 11 of the General Terms of Use.
Last updated: 23 May 2023