Last Updated: 12.10.21
GENERAL TERMS AND CONDITIONS FOR AIRTRAIN
The users are requested to read these GTC carefully before using the Bryte services. By using the Bryte services, the Customers declare their consent to be bound by these conditions and to conclude individual transactions and contracts, also with third parties, on the basis of these conditions. The users are further requested to read the data protection declaration and the information on cookies as well as the information available at (https://www.airtrain.app/privacy) in order to understand how Bryte collects and processes the personal data of its Customers through Bryte services. Bryte provides the Bryte Services subject to the terms and conditions set out below.
1.1 All contractual relationships, deliveries and services of Bryte Technologies GmbH, registered in the Commercial Register of the Local Court of Berlin Charlottenburg under HRB 232684 B and business address at Rosenthaler Straße 13, 10119 Berlin (hereinafter "Bryte"), are based on these General Terms and Conditions (hereinafter "GTC"). They are an integral part of all contracts that Bryte concludes with its contractual partners and users (hereinafter referred to as "Customer") regarding the services or deliveries offered by Bryte. (Bryte and Customer hereinafter individually the "Contract Partner" and jointly the "Contract Partners".
1.2 These GTC shall also apply to all future deliveries, services or offers made to the Customer within the framework of a permanent contract of use of the services provided by Bryte (hereinafter referred to as "Term Contract"), without these GTC having to be agreed separately in each individual case. Unless otherwise agreed, these GTC shall apply in the version communicated upon conclusion of the Term Contract.
1.3 These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer or third parties shall only become part of the contract if and to the extent that Bryte has expressly agreed to their validity in writing. General terms and conditions of the Customer or third parties shall therefore not apply subject to Bryte's express consent, even if Bryte does not separately object to their application in individual cases or refers to the exclusive application of these GTC. The consent requirement shall apply in any case. In particular, Bryte's reference to a letter containing or referring to the general terms and conditions of the Customer or a third party, as well as the unconditional performance or delivery in knowledge of the general terms and conditions of the Customer or a third party, does not constitute an agreement with the validity of those general terms and conditions.
1.4 These GTC apply in addition to individual contracts or offers provided by Bryte. If and insofar as agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) contain deviations from these GTC, these shall in any case take precedence over these GTC. The remaining provisions of these GTC shall remain unaffected.
1.5 If written form is required in these GTC, § 126 BGB (German Civil Code) shall apply. Unless individual provisions of these GTC expressly provide otherwise, the transmission of a copy of the respective document by telecommunication, in particular by fax or as a PDF copy by e-mail, shall be sufficient to comply with the formal requirement, provided that the copy of the signed declaration(s) is transmitted.
1.6 References to the applicability of statutory provisions shall only have a clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
2. ACCESS & SERVICES
2.1 Upon conclusion and subject to compliance with these GTC and any applicable individual agreements, in particular via the order form, between Bryte and the Customer as well as payment of the respective applicable fees, Bryte grants a limited, non-transferable and non-sub-licensable access for the access and use of the Services.
2.2 Bryte will provide the services described in the Order Form from time to time (the "Services"), as well as standard updates to the Services made generally available by Bryte during the Term. Bryte may from time to time, at its sole discretion and without prior notice, discontinue the Services or change any features of the Services.
2.3 The Services offered include the specifications listed in the order form.
2.4 Customers may only use the Services in accordance with the terms of this GTC. You are solely responsible for the use of the Services by You and Your End Users and in doing so You must comply with and ensure compliance with all laws applicable to the use of the Services by them and any user, including but not limited to laws relating to records, intellectual property, data protection and export control.
2.5 Unless otherwise stated or agreed, Bryte is the licensor or owner of all intellectual property in the Services. Customers may access Bryte content and use the Services subject to the terms and conditions of these GTC. However, Customers are prohibited from republishing, selling, renting or sub-licensing, reproducing, duplicating or copying, or otherwise redistributing Bryte Services.
2.6 Customers and End Users are responsible for their content that is transmitted, displayed or uploaded through their use of the Services and agree that they are solely responsible for complying with all laws relating to the content, including, but not limited to, laws requiring them to obtain the consent of third parties to use the content and to provide such third parties with reasonable notice of their rights. Customers represent and warrant that you have the right to upload the content to Bryte Services and that it does not infringe or violate the rights of any third party. Under no circumstances will Bryte be liable in any way for (a) any content transmitted or viewed while using the Services, (b) any errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or inability to access any content. Although Bryte is not responsible for any content, Bryte may delete any Content at any time without notice if Bryte determines that it violates any provision of this AGTC or any law. You retain copyright and all other rights you already have in the content you submit, post or display on or through the Services.
2.7 For communication purposes, Bryte has integrated services from Whereby and Zoom. The T&Cs of Whereby (available at https://whereby.com/information/tos/) and of Zoom (available at https://explore.zoom.us/de/terms/) become part of the contract between Bryte and the Customer to the extent permitted and the Service is used.
3. PRICES, TERM & CONDITIONS OF PAYMENT
3.1 Agreed prices shall apply to the contract concluded via the Bryte platform and/or the Order Form, otherwise listed in the advertisement of the order form or in the order confirmation of Bryte. All prices are quoted in Euro exclusive of the statutory value added tax. Agreed fees are to be paid via the means of payment accepted by Bryte. The Customer shall be entitled to pay the agreed fee via PayPal.
3.2 If payment is made by credit card, the Customer authorises the credit card company to charge the full invoice amount, including any delivery and shipping costs, when due. Depending on the amount of the payment or the type of delivery, the Customer may be asked for a required second authentication feature by displaying the website of the credit institution.
3.4 If a payment is made via PayPal Plus, the Customer shall go through the relevant payment process, provide the necessary details and, if applicable, confirm the payment to the seller. PayPal Plus accepts the payment methods PayPal, direct debit, credit card and invoice.
3.5 If a payment is made by Sofortüberweisung (Klarna Sofort / Stripe) of the Klarna Group, the Customer must have an activated online banking account with PIN/TAN procedure. At the end of the order process, the Customer shall be requested to enter his/her account number, bank code, PIN and TAN in the form pre-filled by Bryte (bank details, transfer amount, reason for transfer). Immediately afterwards, the transaction is confirmed to the Customer.
3.6 Unless otherwise agreed, the Services of Bryte shall be invoiced on a monthly basis at the beginning of the following month.
3.7 The Term Contract is renewed for the same term as indicated in the order form.
3.8 If the Customer does not pay on the due date, Bryte shall be entitled to interrupt and suspend the services carried out by it until receipt of payment or, in the case of an individual order, to withdraw from the contract in accordance with the statutory provisions. Furthermore, the outstanding amounts shall be subject to interest from the due date at a rate of 5 percentage points above the base interest rate; the assertion of higher interest and further damages in case of default as well as the statutory lump sum according to § 288 para. 5 BGB shall remain unaffected. If the payment deadline is exceeded more than three times, this shall constitute an important reason in the sense of §§ 314, 626 BGB (German Civil Code) and shall entitle Bryte to terminate the term contract without notice if Bryte cannot reasonably be expected to adhere to the contract, also taking into account the other circumstances. Already accrued claims shall remain due for payment in the event of termination of the contract.
3.9 Offsetting with counterclaims of the Customer or the retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established.
4. WARRANTY, LIABILITY, LIMITATION PERIOD
4.1 Bryte always tries to ensure that the Bryte Services are available without restrictions or interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed at all times. Access to Bryte Services may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such temporary interruption or restriction.
4.2 Unless otherwise stipulated in these GTC including the following provisions, the warranty rights of the Customer and the liability of Bryte in case of a breach of contractual and non-contractual obligations shall be determined in accordance with the statutory provisions.
4.3 Bryte as well as its legal representatives and vicarious agents shall only be liable - irrespective of the legal grounds - for intent or gross negligence. Insofar as essential contractual obligations (i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, Bryte shall also be liable for slight negligence. In this case, liability is limited to compensation for the foreseeable, typically occurring damage. In the event of a grossly negligent breach of non-essential contractual obligations, Bryte shall only be liable to entrepreneurs to the amount of the foreseeable, typically occurring damage.
4.4 The liability for damages resulting from injury to life, body or health and according to the Product Liability Act (Produkthafungsgesetz) shall remain unaffected by the aforementioned limitation of liability. Furthermore, the aforementioned limitation of liability shall not apply if Bryte has fraudulently concealed a defect or has assumed a guarantee for the quality of the product.
4.5 As the operator of the services, Bryte is not liable for incorrect information or content provided by the Customers. Bryte does not check the content posted on the website (in particular with regard to the infringement of third party rights). Should Bryte become aware of incorrect, inaccurate, misleading or illegal information, this will be immediately checked and removed if necessary. Furthermore, Bryte does not assume any liability for the correctness, up-to-dateness, completeness, quality or legality of the contents not originating from Bryte.
4.6 The statutory provisions shall apply to the limitation period.
5. DATA PROTECTION, PASSWORD SECURITY, AVAILABILITY, COPYRIGHT
5.1 Bryte shall be entitled to electronically store the data relating to the respective order and to process and use this data for operational purposes in accordance with the statutory provisions and the Bryte data protection regulations.
5.2 The disclosure of data to third parties is only permissible insofar as this is the subject matter of the contract (e.g. when registering domains) or is necessary for the performance of the contract or disclosure must take place in accordance with statutory provisions or official orders.
5.3 The contractual partners are obliged to transmit passwords, personal data and other highly sensitive information only securely.
5.4 The legal obligations arising from the General Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG) remain unaffected.
5.5 The Customer shall not be entitled to any claims due to temporary short-term unavailability of the online services, in particular within the framework of term contracts.
5.6 All copyrights, rights of use and other proprietary rights in Bryte's products shall remain with Bryte. All copyrights, rights of use and other industrial property rights to products of third party suppliers shall remain with them, unless the use of the respective rights has been transferred to Bryte or unless otherwise stipulated herein. The user may only use the products for his own purposes and is not entitled to make them available to third parties on the internet or in any other way, whether against payment or free of charge, unless the purpose of the products requires this. Commercial reproduction and resale of the products are excluded.
6. COPYRIGHT & USAGE RIGHTS
6.1 The Services provided by Bryte are legally protected. The copyright, any patent rights, trademark rights and other intellectual property rights are the exclusive property of Bryte.
6.2 Unless otherwise stipulated according to the type of contract or individual agreement, the Customer receives the temporally and spatially unlimited, simple, non-transferable right to use the products created for him/her by Bryte in accordance with the contractual purpose of company training services. The Customer is only entitled to use the services provided by Bryte himself/herself in his/her own business and for his/her own purposes and may not pass them on or resell them to third parties without the prior written consent of Bryte, with the exception of the passing on of services that are intended for distribution to third parties according to their purpose (e.g. newsletters).
6.3 The Customer warrants that it has all rights to modify and publish texts, fonts, images and all other copyrighted materials that it makes available to Bryte for use in its advertising. The Customer further warrants that he/she has the right to transfer the exploitation rights of such material to Bryte. The Customer grants Bryte a non-exclusive, transferable, sub-licensable and worldwide licence to use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from such content for use on the Website and as a promotional tool via webinars and podcasts offered to Customers on the Website and other collaborative works.
6.4 If the Customer is subject to special labelling obligations when using material protected by copyright or other intellectual property rights (e.g. licensing requirements for so-called stock images), he/she must expressly inform Bryte of this and provide corresponding instructions.
6.5 If Bryte does not receive any further information on the transmitted material, Bryte may assume that it can freely use this material for Customers. This includes changing, supplementing or shortening the content of texts, cutting, supplementing, altering or changing images and other material protected by copyright or other intellectual property rights in the sense of the Customer and publishing them in the name of the Customer without citing sources.
7. JURISDICTION, CHOICE OF LAW, MEDIATION
7.1 The contractual relationship between Bryte and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the provisions of international private law. The German version of the General Terms and Conditions, as amended from time to time, shall be the authoritative part of the contract.
7.2 For all disputes arising from or in connection with the contractual relationship (including those concerning the existence or the termination of the contractual relationship) between Bryte and Customers who are either merchants, a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction in the first instance. This shall apply irrespective of whether the Customer has its registered office in Germany or abroad.
7.3 The contracting parties agree that in the event of any disagreement arising out of or in connection with the contractual relationship (including disagreements about the existence or termination of the contractual relationship) which they cannot settle among themselves, they shall call upon a competent mediator at the place of jurisdiction before taking legal action.
9. FINAL PROVISIONS
9.1 Amendments and supplements to all contracts must be made in writing in order to be effective, unless another legal form requirement exists. This also applies to amendments to this paragraph.
9.2 Should any provision of these GTC or any provision incorporated in them in the future be wholly or partially invalid or unenforceable or subsequently lose its validity or enforceability, the validity of the GTC shall not be affected thereby. The same shall apply if contracts between the contracting parties contain a loophole. In place of the ineffective or unenforceable provisions or in order to fill the gap, an appropriate provision shall apply which comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the following point when concluding this contract or when adopting a provision at a later date
9.4 The severability clause in clause 9.2 of these General Terms and Conditions shall not be understood as a reversal of the burden of proof, but as a waiver of § 139 BGB (German Civil Code).
9.5 All contracts of Bryte including these GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. If the Customer is acting as a consumer, the mandatory consumer protection provisions applicable in the EU member state in which the Customer has its habitual residence shall also apply, provided that they grant the Customer further protection.