General terms and conditions of acehub services
1. Scope and Definitions
The acehub GmbH (hereinafter referred to as “acehub”) offers services related to training and communication of employees for companies through its website www.acheub.io (“the website”).
These General Terms and Conditions (GTC) govern the content of the contractual relationship between acehub and the customer or user of the services. acehub only offers the use of the services and websites subject to these GTC and rejects the applicability of any other terms and conditions.
Any individual contractual agreements concluded between acehub and the user take precedence over these GTC. A condition for using acehub’s services is that they are exclusively used for entrepreneurial activities of the user (§ 14 para. 1 of the German Civil Code). The terms used in these GTC are defined as follows: “User” means any natural or legal person who uses acehub’s services.
The “Services” provided by acehub are the functions provided to the user through the websites, such as creating acehub stories or creating links to content.
“Data Processor” means anyone who processes data on behalf of a data controller. acehub acts as a data processor for the user, who defines the purpose and means of data processing. acehub may also use other data processors (“sub-processors”) to carry out data processing.
“User Data” refers to data processed by acehub for the user in the provision of the services. “Personal Data” means information relating to an identified or identifiable natural person. “Parties” refer to acehub and the user.
The use of acehub services requires the user to set up an online account (the “Account”). The usage agreement is concluded with the activation of the Account by acehub after completion of the registration process, including these T&C.
acehub will confirm the registration and conclusion of the usage agreement, as well as the booking of packages and additional services, to the user immediately by electronic means to the email address provided by the user.
The user is responsible for the accuracy of the information provided and undertakes to update their information immediately or inform acehub of any changes to the information.
The user will not pass on access to the Account to third parties and will take appropriate measures to prevent third-party access to their Account. The user is responsible for actions taken under their account, unless they are not responsible for these actions. The user is also responsible for the use by third parties that is made possible by their fault.
The user undertakes to notify acehub immediately in the event of fraudulent or otherwise unauthorized use of their Account and to change their access password immediately. The user is responsible for all costs resulting from unauthorized use of their Account until acehub is notified, unless the user is not responsible for this.
acehub is not liable for damages arising from the use of the Account by third parties, with or without the user’s consent, unless acehub is responsible for the use by the third party.
acehub stores messages sent via its platform on behalf of the user. Distribution lists are maintained as long as the user has set up and updated their Account correctly. acehub protects the integrity, confidentiality, and security of the user’s confidential information at an appropriate level of protection, taking into account the state of the art, implementation costs, the nature, scope, circumstances, and purposes of the processing, as well as the different likelihood and severity of any risks.
3. Packages, other services and remuneration
3.1 Free use
The user has the option to use the acehub services free of charge, as long as the created content on the acehub services is not shared with other individuals via a link.
3.2 License Packages
If multiple users from a company use the platform or content is shared, the user is obliged to conclude a user agreement with acehub. The scope of the packages and their functions as well as the remuneration can be found in the official offer from acehub, which is created for the user’s company.
3.3 Other additional services
acehub offers other services (such as creating stories, creating templates, video productions) that can be commissioned separately from the functions offered on the website. The scope and compensation can be found in the individual offer.
By signing a usage agreement for a package, the user agrees to pay the agreed compensation to acehub. For any additional services, the user must pay the agreed compensation to acehub as agreed. The prices displayed in the offer do not include fees and may be subject to value-added tax. Additional fees will be charged as agreed and in accordance with applicable legal provisions.
4. Use of servcie
4.1 Compliance with applicable regulations
Each party declares that it will comply with the legal regulations applicable to its activities.
The user ensures that its use of the acehub services does not violate any laws, regulations or applicable international agreements, in particular, the law of the Federal Republic of Germany, the law of the state in which the user has its place of business. In particular, competition, criminal, copyright, trademark, labeling, patent and name law regulations, regulations for the protection of minors and other third-party rights must be observed.
4.2 Usage rights, intellectual property
4.2.1 User’s rights to intellectual property
“The user grants acehub all rights necessary for contract fulfillment (in particular naming, trademark, copyright, trademark rights and corporate identity). The user ensures:”
- that he possesses the usage rights granted to acehub for intellectual property and industrial property rights, and that he was able to grant these rights, and that these rights have not been assigned, pledged, encumbered, or transferred in any way to third parties;
- that he has not caused or will cause any impairment to these usage rights for intellectual property and industrial property rights through an assignment to a third party or otherwise;
- that he will not use any content that could infringe the rights of third parties when using the services;
- that there are no legal disputes or proceedings pending or initiated in relation to the user’s intellectual property rights.
Furthermore, the user undertakes to indemnify acehub from any claims by third parties, including reasonable costs of legal defense or penalties to which acehub is exposed due to non-compliance with this provision, unless the user is not responsible for it.
4.2.2 Intellectual property rights of acehub
All content, in particular computer programs, services, processes, designs, technologies, trademarks, logos, and inventions used on the websites or accessible through the websites or acehub services are intellectual property of acehub or its licensors.
Users agree not to use the websites, services, or any of the aforementioned elements for purposes other than those contractually provided for.
4.3 Protection of third-party personal data
For the purpose of providing the services, acehub has access to information contained in the content created by users, as well as the content of responses through interactive input elements such as surveys and text fields. This information may contain personal data of third parties.
4.3.1 Responsibility of users regarding personal data
As the creator of the content, the user is responsible for the processing of personal data contained in such content in accordance with legal regulations. If the user is based in the European Union or if their content contains personal data of EU citizens, the user ensures compliance with the provisions of EU Regulation No. 2016/679 of 27 April 2016 (“GDPR”) as well as the Federal Data Protection Act (BDSG) and obliges their employees accordingly, in particular:
- that the personal data contained in the transmitted files are collected and processed in compliance with legal regulations;
- that the user has informed the affected persons in accordance with legal regulations;
- that the user has obtained any necessary consents from the affected persons for the collection and processing;
- that the user enables the affected persons to exercise their rights in accordance with legal regulations;
- that the user is obligated to correct, supplement, specify, update, or delete information if they become aware that the data is inaccurate, incomplete, ambiguous, or outdated, or if the affected person asserts the corresponding rights of the affected persons.
The user is solely responsible for complying with retention obligations for personal data uploaded to the acehub websites. It is solely the user’s responsibility to delete personal data after the retention periods have expired and at the end of the contractual relationship with acehub.
Furthermore, the user is obligated not to include any special categories of personal data as defined in Article 9 of the GDPR, particularly health data, data on criminal convictions and offenses, social security numbers, and bank card numbers, in the content uploaded to the acehub platform. acehub opposes the processing of such personal data. In the event of a breach of this obligation, the user is obliged to indemnify acehub against all claims, including reasonable costs of legal defense, incurred by acehub due to non-compliance with this provision, unless the user is not responsible for it.
4.3.2 Protection of user’s personal data
acehub takes all measures required under Art. 32 GDPR to ensure the security of personal data, especially to prevent it from being falsified or damaged, or unauthorized third parties gaining access to it. These measures include:
- Multi-stage firewall
- Proven virus protection and detection of hacking attempts
- Encrypted data transmission using SSL/https/VPN technology
- ISO 27001 certified data centers
In addition, access to processing through acehub services requires authentication of accessing individuals through an individual access code and password. The password and access code are sufficiently secure and are regularly renewed.
Data transmitted over unsecured communication channels are subject to technical measures designed to make this data indecipherable to unauthorized parties.
4.3.3 Terms of Processing Agreement
acehub acts as a data processor on behalf of the user and commits to comply with the obligations described in the “Contract for the Processing of Personal Data” attachment.”
4.4 Prohibited Uses
The use of acehub services is only permitted for personal use by the user and may not be made accessible to third parties free of charge or for a fee, assigned, or transferred. Any use of the services by the user that could damage, disable, or overload the infrastructure of acehub or the associated systems and networks, or could impair the use of the services by other users, is prohibited.
Any attempt by the user to access services, other accounts, computer systems, or other networks connected to a server of acehub or one of the services without authorization by hacking or other methods is prohibited.
The use of the services for the storage or transmission of illegal content or in connection with illegal activities or to promote such activities is prohibited, e.g. content related to illegal drugs, hacking programs, instructions for assembling or manufacturing bombs, grenades, or other weapons, materials containing violence against children or encouraging violence. Any use of the services by the user that violates the regulations for telemarketing, email marketing, anti-spam, anti-phishing, or the protection of personal data is prohibited.
Any use of the services that violates the rights of third parties is prohibited. In the event of a violation of the provisions of clause 4.4, acehub reserves the right to warn the customer and/or to fully or partially block the user’s access to the services. Acehub also reserves the right to otherwise deny or restrict a user’s access to their account or services if the account usage violates these terms and conditions or legal regulations regarding the sending of advertising. In deciding to block the account or deny or restrict services, acehub will reasonably consider the legitimate interests of the user.
5. Performance delimitation, accountability and liability
5.1 Performance and Responsibility of acehub
acehub makes reasonable efforts in accordance with recognized rules of technology to enable the user to properly execute the services in accordance with the terms and conditions, but does not guarantee unrestricted availability or absence of errors.
acehub guarantees availability of services up to 99% on a quarterly basis. This does not include downtime that is not due to a breach of duty by acehub, such as attacks on the operator’s systems by third parties, non-culpable hardware failures or acts of God, as well as related unplanned maintenance work.
For the purpose of carrying out maintenance work, acehub may temporarily interrupt access to the services. In such a case, acehub will notify the user in advance and limit the duration of the interruption to a minimum.
5.2 Liability of acehub
The following provisions on liability and warranty of acehub, its subsidiaries or partners, apply to all claims for damages, defects or replacement claims by the user arising from or in connection with the use of the services, regardless of the legal basis on which they are based (e.g. warranty, default, impossibility, any breach of duty, existence of a performance obstacle, unlawful act, etc.), but not for claims by the user
- for damages resulting from injury to life, body and health,
- in case of fraudulent concealment of a defect by acehub or for the absence of a quality for which acehub has assumed a guarantee,
- based on intentional or grossly negligent conduct by acehub or its legal representatives,
- under the Product Liability Act, as well as those covered by § 44 or § 44a TKG.
For the aforementioned exceptions, the legal regulations remain applicable.
acehub is liable for slight or simple negligence only in case of a breach of essential duties, i.e. duties that enable proper performance of the contract or the contract’s purpose, or whose compliance the contracting party can regularly rely on. In case of slight or simple negligent breach of essential duties, acehub is limited to compensating for the typical damages that were foreseeable at the time of contract conclusion. In all other cases, acehub’s liability for slight or simple negligence is excluded.
If the user incurs damages through the use of free services provided on the websites (including the retrieval of free content), acehub is only liable to the extent that the damage was caused by the contractual use of the free content and/or services, and only in case of intent (including deceit) and gross negligence on the part of acehub. acehub is liable for grossly negligent damage caused by its agents, limited to the compensation of typical damages that were foreseeable at the time of contract conclusion.
Overall, acehub’s liability is limited to the fee paid by the user to acehub in the last 12 months prior to the occurrence of the damage. The non-fault-based liability of acehub in the area of rental and similar usage relationships for pre-existing defects at the time of contract conclusion is expressly excluded.
5.3 Responsibilities and Liability of the User
The user is responsible for creating and storing backups of all content uploaded to the services and websites.
acehub can modify these terms and its offer with effect for existing contractual relationships according to the procedure described below or by means of a termination notice.
The user will be notified of all changes by email or directly on their acehub account and asked to accept the change in order to continue using the services. If a change is unfavorable for the user, the user has 30 calendar days to terminate the contract. If acehub does not receive a termination notice, the changes are deemed approved by the user.
The terms and conditions of acehub are available on the websites at any time.
7. Duration, Termination
The term of the usage agreement depends on the individual offer accepted by the user.
Free packages have no specific term, and either party may terminate the usage agreement with one day’s notice to expire the following day.
Paid packages have a monthly or annual term, depending on what the user booked when entering into the usage agreement. During this fixed term, the usage agreement may not be terminated by either party, but only for good cause. Paid packages automatically renew at the end of the package term (e.g. one month) for another term equal to the initial term (according to the example: one month).
Either party may prevent automatic renewal by giving prior notice. The user may terminate the usage agreement by email. If the user terminates a usage agreement for a package, the package will continue until the end of the already started term and will not be renewed.
The parties’ right to terminate the usage agreement for good cause remains unaffected. Acehub is entitled to terminate for good cause, in particular if the user violates these terms and conditions or acehub can no longer continue to operate the acehub services for economic reasons.
In these cases, the user has no claim for payment of already made payments for periods after the termination of the acehub services. In the event of termination by acehub, the user will have two weeks to view and, if necessary, back up the data stored on the services.
8. Force Majeure
The parties shall not be liable if the non-fulfillment or delay in fulfilling any of their obligations is due to a force majeure event.
Force majeure means any external event that could not be prevented and hinders or excessively complicates one of the parties from fulfilling its obligations.
Expressly, force majeure cases include, without limitation:
- Wars, armed conflicts, riots, insurrections, sabotage, terrorist acts;
- General or partial strikes, inside or outside of acehub, at a supplier or telecommunications operator, lockouts, blockades of transportation facilities or procurement for any reason whatsoever;
- Natural disasters that lead to damage to the infrastructure at acehub, such as fires, storms, floods, water damage;
- Infectious diseases or epidemics at a relevant place of performance;
- Governmental or legal restrictions, legal or regulatory changes in marketing methods, cases affecting the suspension, revocation or cancellation of a permit by a relevant authority;
- Interruptions of the network of acehub, its subcontractor or its supplier due to computer failures, blocking of telecommunications means, regardless of whether they are due to external attacks, interruptions of services by the access provider or other persons, as well as any other event that is not attributable to acehub, its subcontractor or its supplier and prevents the normal execution of the services provided;
- Interruptions in power supply for more than 48 hours.
Each party shall notify the other party of any force majeure event.
9. Reference citation
acehub is authorized to mention the user’s company name and logos as a reference in its communication media. The user grants acehub the necessary usage rights for this purpose free of charge. The user may revoke this authorization at any time by email to acehub.
The parties agree that any tolerance of a situation by one party towards the other party does not grant any rights in this regard. Furthermore, such tolerance shall not be construed as a waiver of the relevant rights.
11. Applicable law, jurisdiction
The exclusive place of jurisdiction for all disputes between the parties arising out of or in connection with the usage agreement is the state courts at the registered office of acehub, unless another exclusive place of jurisdiction is established by law. However, acehub may also sue the user at their general place of jurisdiction.
APPENDIX 1 – Data Processing Agreement
A contract for order processing is concluded between the user and acehub. The contract is concluded between the parties upon acceptance of the offer.