§ 1 General, clientele, contractual language
(1) D.A.S. Akademie GmbH (hereinafter referred to as “Service Provider”) provides a language learning platform on www.minticity.com (hereinafter referred to as “the Portal”), through which duly registered users can make use of the Service Provider’s software-as-a-service “MintiCity”.
(2) The service offer of the Service Provider is aimed equally at consumers and entrepreneurs.
(a) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code) and
(b) an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (Section 14 (1) BGB).
(3) The user’s terms and conditions shall not apply, even if the Service Provider does not separately object to their application in individual cases.
(4) Information on the Service Provider is available here.
(5) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Registration, responsibility for access data, updating of access data, conclusion of contract
(1) The use of the Portal (language learning platform) requires your registration as a user. There is no entitlement to use. The Service Provider is entitled to reject requests for use without giving reasons.
(2) The user is only allowed to register if he/she is of legal age and has unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, registration must be carried out by a natural person of unlimited legal capacity and authorized to represent the entity.
(3) The contact data and other information requested by the Service Provider during the registration process must be provided completely and correctly by the user. When registering a legal entity, the natural person authorized to represent the entity must also be indicated.
(4) After the user has provided all requested data, the Service Provider shall check the data for completeness and plausibility. If the information is correct from the point of view of the service provider and if there are no other concerns from the point of view of the Service Provider, the Service Provider shall activate the access requested by the user and notify the user of this by e-mail. The e-mail shall be deemed to be acceptance of the user’s registration application. Upon receipt of the e-mail, the user shall be entitled to use the Portal within the scope of these General Terms and Conditions of Use. For this purpose, the user must first confirm his activation by clicking on the link contained in the e-mail.
(5) During the registration process, the user is asked to enter a user name and password. With these data the user can log in to the Portal after the activation of his access and his confirmation according to (4). It is the responsibility of the user to ensure that the user name does not violate the rights of third parties, in particular no name or trademark rights and does not offend common decency.
The access data including the password must be kept secret by the user and must not be made accessible to unauthorized third parties.
Furthermore, it is the User’s responsibility to ensure that his access to the Portal and the use of the services available on the Portal is carried out exclusively by the User himself or by persons authorized by him. If it is feared that unauthorized third parties have gained or will gain knowledge of the User’s access data, the Service Provider must be informed immediately.
The user shall be liable for any use and/or other activity carried out under his access data in accordance with the statutory provisions.
(6) The user is obliged to keep his data (including his contact data) up to date. If during the period of the user’s registration any change occurs in the data provided, the user shall immediately correct the information on the Portal in his personal settings. If the user does not succeed in doing so, he/she shall immediately inform the Service Provider of his/her changed data by e-mail or fax.
(7) A contract with the user for the use of the Portal comes into effect with the successful registration of the user.
(9) Any user who is a consumer is entitled to revoke the offer in accordance with the special revocation instructions provided to the user during registration on our website, see § 3.
§ 3 Right of withdrawal for consumers
In the case of contracts concluded outside business premises and in the case of distance contracts, the user as a consumer has a right of revocation. Information on the right of withdrawal (Service)
Information on the Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
D.A.S. Akademie GmbH
Tel.: +49 (0) 30 – 250 980 68
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin with the performance of services during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract.
In the case of a contract for the provision of services, the right of withdrawal also expires if the entrepreneur has provided the service in full and has only begun to perform the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he will lose his right of withdrawal if the entrepreneur performs the contract in full.
End of information on the right of withdrawal
Model Withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
D.A.S. Akademie GmbH
I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/fort he provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
ordered on. . . . . .(), received on . . . . . .()
. . . . . . name of consumer(s)
. . . . . . address of consumer(s
. . . . . . signature of consumer(s), (only if this form is notified on paper)
. . . . . . date
complete as appropriate.
§ 4 Service and availability of the services
(1) The Service Provider makes various information and other services available to you on the Portal for temporary use.
Such services can be, for example:
a) Use of the software-as-a-service MintiCity in a free trial version with a limited range of functions.
b) use of the software-as-a-service MintiCity in a paid version with a defined range of functions
c) making available data, contributions, image and sound documents, information and other content (hereinafter collectively referred to as “Content”),
The content and scope of the services shall be determined in accordance with the respective contractual agreements, and otherwise in accordance with the functionalities currently available on the Portal.
(2) The services available on the Portal may also include third-party services to which the Service Provider merely provides access. For the use of such services – which are marked as third party services – different or additional regulations may apply, which will be pointed out to you by the Service Provider.
(3) For all chargeable services, the Service Provider guarantees an availability of 99% on a monthly average within its area of responsibility. The calculation of availability does not include the regular maintenance windows of the web Portal.
Otherwise, a claim to the use of the services available on the portal exists only within the framework of the technical and operational possibilities at the Service Provider. The Service Provider shall endeavour to ensure that the usability of its services is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical malfunctions (such as interruption of the power supply, hardware and software errors, technical problems in the data lines).
§ 5 Modification of services
The Service Provider is entitled at any time to change services provided free of charge on the Portal, to make new services available free of charge or against payment and to discontinue the provision of free services. The Service Provider will take your legitimate interests into account in each case.
§ 6 Protection of content, responsibility for third-party content
(2) The content available on the Portal originates partly from the Service Provider and partly from other third parties. Contents of other third parties are hereinafter collectively referred to as “Third Party Content”. The Service Provider does not check Third-Party Content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of the Third-Party Content. This also applies with regard to the quality of the Third Party Content and its suitability for a particular purpose, and also insofar as it concerns Third Party Content on linked external websites.
All content on the Portal is Third Party Content, except for that content which is marked with a copyright notice of the Service Provider.
§ 7 Scope of permitted use, monitoring of use activities
(2) The participant is responsible for creating the technical conditions necessary for the contractual use of the services within the user’s area of responsibility. The Service Provider does not owe the user any advice in this regard.
§ 8 Provision and Use of the Software-as-a-Service “MintiCity”, Non-fulfillment of Main Performance Obligations, Termination
1) The Service Provider shall make the software-as-a-service “MintiCity” available in the current version for use in accordance with the following provisions as of the fixed term of the contract agreed with the user.
(2) The Service Provider shall be liable for ensuring that the provided software is
- is suitable for the purposes arising from the contract, is free of defects during the entire term of the contract, in particular, is free of viruses and similar malware which would render “MintiCity” unsuitable for use in accordance with the contract.
(3) The Service Provider shall ensure that software produced by it always corresponds to the proven state of the art.
If and to the extent that the provision of a new version or a change is accompanied by a change in functionalities of the software, in the user’s processes supported by the software and/or restrictions in the usability of previously generated data, the Service Provider shall notify the user thereof in writing no later than six weeks before such change takes effect. If the user does not object to the change in writing within a period of two weeks from receipt of the change notification, the change shall become part of the contract. Whenever changes are announced, the Service Provider shall draw the user’s attention to the aforementioned deadline and the legal consequences of its expiration if the user fails to exercise the option to object.
(4) If the Service Provider fails to fulfill the agreed obligations in whole or in part after the “MintiCity” software has been made available for operation, the usage fee pursuant to Section 11 shall be reduced proportionately for the time during which the software was not available to the user to the agreed extent.
(5) The contract with the user shall be concluded for the agreed period of time. The right of both contractual parties to extraordinary termination shall remain unaffected.
§ 9 Rights of Use and Use of the MintiCity Software
- Right of Use
(a) The user shall be granted simple (non-sublicensable and non-transferable) rights of use to the software limited to the term of this agreement in accordance with the following provisions.
(b) The software shall not be physically transferred to the user. The user may only use the software for the contractually agreed activity.
(c) The user shall not be entitled to make any changes to the software.
(d) If the Service Provider makes new versions, updates, upgrades or other new deliveries with regard to the Software during the term, the aforementioned rights shall also apply to these.
(e) The user shall not be entitled to any rights not expressly granted to the user above. In particular, the user shall not be entitled to use the software beyond the agreed use or to have it used by third parties or to make the software accessible to third parties. In particular, it is not permitted to reproduce the software, to sell it or to make it available for a limited period of time, especially not to rent or lend it.
- Obligations of the user for safe use
(a) The user shall take the necessary precautions to prevent the use of the software by unauthorized persons.
(b) The user shall be liable for ensuring that the software is not used for purposes that are racist, discriminatory, pornographic, endanger the protection of minors, politically extreme or otherwise unlawful or in violation of official regulations or requirements, or that corresponding data is created and/or stored on the server of the Service Provider.
- Violation of the provisions under (1) and (2) by the useru
(a) If the user violates the provisions in (1) or (2) for reasons for which the user is responsible, the Service Provider may, after prior written notification of the user, block the user’s access to the software if the violation can be demonstrably remedied.
(b) If the user unlawfully violates (2) lit. b, the Service Provider shall be entitled to delete the data affected thereby. In the event of an unlawful violation by the user, the user shall immediately provide the Service Provider, upon request, with all information necessary to assert claims against the user, in particular the user’s name and address.
If the user continues to violate or repeatedly violates the provisions in (1) or (2) despite a corresponding written warning from the Service Provider, and if the user is responsible for this, the Service Provider may terminate the contract without notice.
(c) For each case in which the user culpably enables the use of the Software by third parties (or by users not designated by the user), the user shall in each case pay an immediately due contractual penalty in the amount of the fee pursuant to Section 11. The right to claim damages is reserved; in this case the contractual penalty shall be offset against the claim for damages.
(d) If the user is responsible for the breach of duty, the Service Provider may claim damages.
§ 10 Disability / Force majeure
(1) If the Service Provider is hindered in the performance of a service by circumstances of any kind, it shall notify the user of this in good time in writing or by e-mail. If the impeding circumstances are not the responsibility of the Service Provider, the contracting parties shall agree on an appropriate postponement of the agreed service. If the timely notification in writing or by e-mail is not received, the Service Provider shall not be entitled to invoke these circumstances at a later date.
If no agreement is reached between the Service Provider and the user, the user shall be entitled to withdraw from the contract and any payments already made shall be refunded to the user.
(2) In cases of force majeure, the contracting party affected thereby shall be released from the obligation to perform for the duration and to the extent of the effect.
Force majeure shall be any event beyond the control of the respective contracting party as a result of which it is prevented in whole or in part from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official decrees for which it is not responsible.
The affected party shall immediately notify the other party of the occurrence and cessation of the force majeure and shall use its best efforts to remedy and limit the effects of the force majeure to the extent possible.
The contracting parties shall, upon the occurrence of force majeure, agree on the further course of action and determine whether, upon its cessation, the Services not performed during such period shall be subsequently delivered. Notwithstanding the above, each Contracting Party shall be entitled to withdraw from the orders affected thereby if the force majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of force majeure lasting for a longer period shall remain unaffected.
§ 11 Remuneration, Terms of Payment, Prohibition of Offsetting
(1) The current prices stated by the Service Provider in advertisements and/or Internet pages shall apply to the services to be rendered for the granting of use with respect to the MintiCity software or other services. All prices are in euros and include value-added tax. These are total prices.
(2) The Service Provider offers the following payment methods:
a) via payment Service Provider PayPal PLUS.
(3) In the event that the sser fails to make the payment when due, interest shall be charged on the outstanding amounts from the due date at 5% points above the base interest rate; if the user is an entrepreneur, interest shall be charged on the outstanding amounts from the due date at 9% points above the base interest rate. The assertion of higher interest rates and further damages in the event of default shall remain unaffected.
(4) Offsetting with counterclaims of the user or the retention of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established or result from the same order under which the service in question was performed.
§ 12 Right of use of content available on the Portal
- the user may retrieve and display the content available on the Portal online exclusively for personal purposes. This right of use is limited to the duration of his contractual use of the Portal;
- the user is prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the contents available on the Portal, in whole or in part. It is also prohibited to remove or change copyright notices, logos and other marks or protective notices.
(2) The user shall only be entitled to download contents (“Download”) as well as to print out contents if the possibility of downloading or printing is available on the Portal as a functionality (e.g. by means of a download button).
The user receives a non-exclusive right of use for an unlimited period of time for the use of the duly downloaded or printed content for his own, non-commercial purposes. Insofar as the content is provided to the user in return for payment within the scope of membership, the full payment of the respective content is a further prerequisite for this granting of rights. Otherwise, all rights to the content shall remain with the original rights holder (the Service Provider or the respective third party).
(3) The mandatory legal rights of the user (including reproduction for private and other own use according to § 53 UrhG) remain unaffected.
§ 13 Prohibited activities
(1) The services available on the Portal are intended exclusively for non-commercial use by the users. Any use for or in connection with commercial purposes is prohibited to the user, unless such use has been expressly permitted to the user by the Service Provider in advance and in writing. Unauthorized commercial use includes in particular
- all offers and solicitations of paid content, services and/or products, both the user’s own and those of third parties,
- all offers, applications and implementation of activities with a commercial background such as prize competitions, raffles, barter transactions, advertisements or snowball systems,
- and any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails).
(2) The user is prohibited from any activities on or in connection with the Portal that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, you are prohibited from the following actions:
- the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
- the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
(3) Furthermore, the user is also prohibited from the following activities, irrespective of a possible violation of the law, when posting his own content on the Portal:
- the distribution of viruses, trojans and other harmful files; the sending of junk or spam mails as well as chain letters;
- distribution of lewd, offensive, sexually explicit, obscene or defamatory content or communication, as well as content or
- communication that promotes or supports racism, bigotry, hatred, physical violence or illegal acts (explicitly or implicitly); to
- distribute and/or publicly reproduce content available on the Portal, unless the participant is expressly permitted to do so by
- the respective author or is expressly made available as a functionality on the Portal.
(4) The user is also prohibited from any action that is likely to impair the smooth operation of the Portal, in particular to place an excessive load on the systems of the Service Provider.
(5) Should the user become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the Portal, please contact D.A.S. Akademie GmbH, Torstraße 125, 10119 Berlin. The Service Provider will then examine the matter and, if necessary, take appropriate steps.
(6) If there is a suspicion of illegal or punishable actions, the Service Provider is entitled and, if necessary, also obligated to check the activities of the user and, if necessary, to initiate appropriate legal steps. This may also include forwarding a case to the public prosecutor’s office.
§ 14 Duties and obligations of the user
(1) The user will fulfill all agreed duties and obligations that are necessary for the execution of the contract.
(2) He shall in particular
a) keep the user and access authorizations assigned to him or her secret, protect them from access by third parties and not pass them on to unauthorized users. This data shall be protected by appropriate and customary measures. The user shall inform the Service Provider immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorized persons.
b) comply with the restrictions/obligations with regard to the rights of use according to §§ 9, 12, in particular
- not to retrieve or cause to be retrieved any information or data without authorization or to intervene or cause to be intervened in programs operated by the Service Provider or to intrude into data networks of the Service Provider without authorization or to promote such intrusion;
- not misuse the exchange of electronic messages possible within the framework of the contractual relationship and/or using the software for the unsolicited sending of messages and information to third parties for advertising purposes;
- indemnify the Service Provider against claims of third parties based on an unlawful use of the software by the Service Provider or resulting from data protection, copyright or other legal disputes caused by the user, which are connected with the use of the software; obligate the authorized user to comply with the provisions of this agreement applicable to them;
c) before sending data and information to the Service Provider, check them for viruses and use state-of-the-art virus protection programs
d) if he/she transmits data to the Service Provider for the purpose of generating application data with the aid of the software, back them up regularly and in accordance with the significance of the data and make his/her own backup copies to enable the reconstruction of the data and information in the event of loss;
e) if and insofar as the technical possibility to do so is made available to him by mutual agreement, regularly back up the application data stored on the server of the Service Provider by download.
§ 15 Blocking of access
(2) In the event of temporary or permanent blocking, the Service Provider shall block the user access authorization and notify the user of this by e-mail.
(3) In the event of temporary blocking, the Service Provider shall reactivate the access authorization after the blocking period has expired and notify the user of this by e-mail. A permanently blocked access authorization cannot be reactivated. Persons who have been permanently blocked are permanently excluded from using the Portal and are not permitted to log on to the Portal again.
§ 16 Secrecy
The Service Provider undertakes to keep secret all information and documents to which it has access in connection with the conclusion of the contract and which are designated as confidential or which are clearly identifiable as business or trade secrets of the user under other circumstances and not to record, disclose or exploit them unless required to achieve the purpose of the contract.
No information to be treated as confidential shall be deemed to exist if the contracting party receiving the information proves that it:
was known to him or generally accessible before the date of receipt; was known or generally accessible to the public after the date of receipt; became known or generally accessible to the public after the date of receipt, without the Contractual Partner receiving the information being responsible for this.
§ 17 Limitation of liability
(1) The Service Provider shall only be liable for damages caused intentionally or by gross negligence or in the event of culpable breach of a material contractual main obligation or cardinal obligation or in the event of non-fulfillment of a guarantee or if a defect was fraudulently concealed by the Service Provider. A “cardinal obligation” within the meaning of this provision is an obligation of the Service Provider, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the compliance with which the subscriber regularly relies.
(2) In the event of a breach of a material contractual main obligation or cardinal obligation due to simple negligence, the liability of the Service Provider shall be limited to the typically foreseeable damage.
(3) Any further liability of the Service Provider is excluded. The above exclusions of liability shall not apply in the event of culpable injury to life, limb or health. Liability under the German Product Liability Act shall remain unaffected by these General Terms and Conditions.
(4) The aforementioned limitations of liability shall also apply in favour of any legal representatives and vicarious agents involved by the Service Provider.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, the Service Provider shall not be liable for the constant and uninterrupted availability of its online presence.
§ 18 Data protection
(1) One of the Service Provider’s quality standards is to handle the users’ personal data (hereinafter referred to as “personal data”) responsibly. The personal data resulting from the contractual relationship will therefore only be collected, stored and processed by the Service Provider to the extent that this is necessary for the contractual provision of services and is permitted by legal regulations or ordered by the legislator. The Service Provider shall treat the user’s personal data confidentially and in accordance with the provisions of the applicable data protection law and shall not disclose it to third parties.
(2) In addition, the Service Provider shall only use the user personal data if the user has expressly consented to this. Any consent given by the user may be revoked at any time.
(3) The user is aware that in order to carry out pre-contractual measures and fulfill the contractual relationship, the collection, processing and use on the basis of Art. 6 Paragraph 1 lit. b) DSGVO of, among other things, the user name, consumer or entrepreneur status, address, date of birth and bank details are required.
(4) The Service Provider shall comply with the relevant legal provisions, in particular the General Data Protection Regulation (DSGVO), with regard to the user’s personal data.
§ 19 Final provisions
(2) The contract existing between the Service Provider and the user is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the user is a consumer and has his habitual residence in another country, he shall continue to be protected by the relevant provisions of the country of residence, which may not be deviated from by agreement.
(3) If the user is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the user may bring an action before any court having jurisdiction based on statutory provisions.
(4) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr.
Our email address is: firstname.lastname@example.org.
The Service Provider is not obligated or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).