GENERAL TERMS AND CONDITIONS FOR AirTrain
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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.
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1. GENERAL
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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".
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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.
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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.
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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.
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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.
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2. ACCESS & SERVICES
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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.
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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.
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2.3 The Services offered include the specifications listed in the order form.
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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.
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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.
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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.
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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.
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6. COPYRIGHT & USAGE RIGHTS
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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.
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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).
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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.
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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.
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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.