Terms and Conditions

§ 1: Scope and Definitions

These General Terms and Conditions (GTCs) apply to all contracts and services of Conformitas Legal GmbH (hereinafter: "Conformitas") in connection with the provision of the E-Learning platform.

For the purposes of these GTCs, the following definitions apply:

Conformitas' offers are directed exclusively to business customers. Contract conclusion with consumers within the meaning of § 13 BGB is excluded.

Conflicting or deviating conditions of the customer do not apply, unless Conformitas has expressly agreed to their validity in writing.

§ 2: Contract Conclusion

A contract for the use of the Conformitas platform is concluded as soon as the customer has fully paid an invoice sent by Conformitas. The sending of the invoice by Conformitas constitutes a binding contract offer. A separate written signature of the contract is not required.

Booking can be made via the Conformitas website or by accepting an individual offer. By paying the invoice, the customer accepts these GTCs.

After payment is received, the administration access for the customer will be activated at the latest on the following business day (excluding public holidays at Conformitas' location).

§ 3: Scope of Services

Conformitas provides the customer with the Conformitas platform as a cloud-based Software-as-a-Service (SaaS) solution for the duration of the contract.

The scope of services includes in particular:

The number of acquired slots is determined by the contractual agreement. The customer manages the assignment of slots to its users independently.

§ 4: Availability, Maintenance and Support

Conformitas guarantees platform availability of 98% on an annual average during business hours (weekdays 08:00-18:00 CET). Excluded are periods of unavailability due to announced maintenance work, force majeure, or mandatory security measures.

Conformitas is entitled to perform maintenance work. These are carried out, as far as possible, outside business hours and after appropriate advance notice.

Disruptions must be reported immediately by the customer via the channels provided by Conformitas (email or support system). Conformitas will endeavor to resolve reported disruptions during support hours (weekdays 09:00-17:00 CET) within the framework of operational possibilities in a timely manner. There is no claim to a specific response or recovery time.

§ 5: Usage Rights and Customer Obligations

Conformitas grants the customer a simple, non-transferable right to use the Conformitas platform and its content for the contract duration in the agreed scope (number of slots) for internal training purposes.

Any commercial distribution, reproduction, public accessibility, or other commercial exploitation of training materials and content, even in excerpts, is expressly prohibited.

Access credentials are strictly personal and may not be shared. Creating collective or group accounts is not permitted. The customer is responsible for ensuring confidential handling of access credentials.

The customer is obligated to ensure the technical requirements necessary for platform access (e.g., current hardware and software, internet connection) at their own expense.

The customer indemnifies Conformitas from all third-party claims that result from illegal or contract-violating use of the platform by them or their users.

§ 6: Use of Conformitas Seal

After successful completion of training and download of a compliance report, the customer receives the right to use the Conformitas seal for internal and external purposes.

The usage right applies for the duration of the contract and for one (1) year after its termination. After that, it expires automatically.

When using the seal, a functioning link to the Conformitas website must be integrated to enable third parties to verify.

§ 7: Payment Terms and Remuneration

Remuneration for platform usage is based on the number of booked slots and is due annually in advance. The following prices apply (plus statutory VAT):

Invoices must be paid within fourteen (14) days of receipt without deduction to the specified account.

In case of payment default, Conformitas is entitled to block access to the platform until full payment is received. The right to extraordinary termination remains unaffected.

Conformitas is entitled to adjust the remuneration according to § 7.1 once per calendar year with effect for the next contract period to compensate for increased personnel, energy, or license costs. Such a price increase will be announced to the customer in text form at least eight (8) weeks before the end of the current contract term. If the customer does not agree with the price increase, they may terminate the contract extraordinarily at the end of the current contract period. If the customer does not exercise this right of termination, the new remuneration is deemed agreed for the following contract period.

§ 8: Contract Term, Termination and Cancellation

The minimum contract term is twelve (12) months and begins with the date of complete payment receipt.

The contract automatically extends by another twelve (12) months each time, unless terminated in writing by one of the parties with eight (8) weeks' notice to the end of the respective term.

The right to extraordinary termination for important reasons (§ 314 BGB) remains unaffected. An important reason for the customer exists in particular when Conformitas persistently violates essential contractual obligations despite warning.

Cancellation of the booking after payment has been made is excluded. The regular notice periods apply.

In case of failure or postponement of course components on the part of Conformitas, Conformitas will provide appropriate substitute services. A significant and ongoing failure of the platform entitles the customer to extraordinary termination.

After contract termination, access to the platform ends. Issued certificates remain accessible for activated users for a period of eight (8) weeks after contract termination.

§ 9: Liability and Warranty

Conformitas is liable without limitation in case of intent, gross negligence, and violation of life, body, or health.

In case of slight negligent violation of essential contractual obligations (cardinal obligations), liability is limited to the contract-typical, foreseeable damage. Total liability is limited per contract year to the amount of net remuneration paid by the customer for that year.

Liability for data loss is limited to the recovery effort that would have occurred with regular and risk-appropriate creation of backup copies.

Defects in the platform or content must be reported to Conformitas in writing within five (5) business days of becoming aware.

The course content represents a general educational measure and not legal advice. Conformitas assumes no liability for the legal compliance of operational implementation at the customer. The customer remains solely responsible for compliance with legal regulations such as the EU AI Regulation.

§ 10: Data Protection

Conformitas processes personal data in accordance with the General Data Protection Regulation (GDPR). Data processing and storage takes place within the European Union whenever possible.

For the processing of user data on behalf of the customer, a separate data processing agreement (DPA) according to Art. 28 GDPR will be concluded between the parties.

§ 11: Confidentiality

Both parties undertake to keep confidential all information marked as confidential or recognizable as confidential from the circumstances of the other party and to use it only for contractually agreed purposes.

Conformitas is entitled to name the customer as a reference to an appropriate extent, unless the customer expressly objects in writing.

§ 12: Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction and performance is, as far as legally permissible, Rüsselsheim am Main.

Changes and additions to this contract require text form.

§ 13: Severability Clause

Should any provision of these GTCs be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, an effective regulation that comes closest to the economic purpose shall be deemed agreed.