{"id":345,"date":"2021-02-28T11:54:01","date_gmt":"2021-02-28T10:54:01","guid":{"rendered":"http:\/\/acehub.info\/?page_id=345"},"modified":"2026-04-07T14:34:18","modified_gmt":"2026-04-07T13:34:18","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/acehub.io\/en_gb\/terms-conditions","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

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General terms and conditions of acehub services<\/span><\/h1>\n

1. Scope and Definitions<\/span><\/h2>\n

The acehub GmbH (hereinafter referred to as %22acehub%22) offers services related to training and communication of employees for companies through its website www.acheub.io (%22the website%22).<\/span><\/p>\n

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.<\/span><\/p>\n

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 (\u00a7 14 para. 1 of the German Civil Code). The terms used in these GTC are defined as follows: %22User%22 means any natural or legal person who uses acehub’s services.<\/span><\/p>\n

The %22Services%22 provided by acehub are the functions provided to the user through the websites, such as creating acehub stories or creating links to content.<\/span><\/p>\n

%22Data Processor%22 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 (%22sub-processors%22) to carry out data processing.<\/span><\/p>\n

%22User Data%22 refers to data processed by acehub for the user in the provision of the services. %22Personal Data%22 means information relating to an identified or identifiable natural person. %22Parties%22 refer to acehub and the user.<\/span><\/p>\n

2. Registration, user account, terms of use agreement<\/span><\/h2>\n

The use of acehub services requires the user to set up an online account (the %22Account%22). The usage agreement is concluded with the activation of the Account by acehub after completion of the registration process, including these T&C. <\/span><\/p>\n

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.<\/span><\/p>\n

When creating the Account, the user undertakes to provide the necessary information truthfully, in particular their name, first name, email address, and the name and address of their company. This data will be processed in accordance with the acehub privacy policy. <\/span><\/p>\n

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.<\/span><\/p>\n

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. <\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

3. Packages, other services and remuneration<\/span><\/h2>\n

3.1 Free use<\/span><\/h3>\n

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.<\/span><\/p>\n

3.2 License Packages<\/span><\/h3>\n

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.<\/span><\/p>\n

3.3 Other additional services<\/span><\/h3>\n

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.<\/span><\/p>\n

3.4 Compensation<\/span><\/h3>\n

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.<\/span><\/p>\n

4. Use of servcie<\/span><\/h2>\n

4.1 Compliance with applicable regulations<\/span><\/h3>\n

Each party declares that it will comply with the legal regulations applicable to its activities.<\/span><\/p>\n

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.<\/span><\/p>\n

4.2 Usage rights, intellectual property<\/span><\/h3>\n

4.2.1 User’s rights to intellectual property<\/span><\/h3>\n

%22The user grants acehub all rights necessary for contract fulfillment (in particular naming, trademark, copyright, trademark rights and corporate identity). The user ensures:%22<\/span><\/p>\n

    \n
  • 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;<\/span><\/li>\n
  • 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;<\/span><\/li>\n
  • that he will not use any content that could infringe the rights of third parties when using the services;<\/span><\/li>\n
  • that there are no legal disputes or proceedings pending or initiated in relation to the user’s intellectual property rights.<\/span><\/li>\n<\/ul>\n

    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.<\/span><\/p>\n

    4.2.2 Intellectual property rights of acehub <\/span><\/h3>\n

    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.<\/span><\/p>\n

    Users agree not to use the websites, services, or any of the aforementioned elements for purposes other than those contractually provided for.<\/span><\/p>\n

    4.3 Protection of third-party personal data<\/span><\/h3>\n

    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.<\/span><\/p>\n

    4.3.1 Responsibility of users regarding personal data<\/span><\/h3>\n

    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 (%22GDPR%22) as well as the Federal Data Protection Act (BDSG) and obliges their employees accordingly, in particular:<\/span><\/p>\n

      \n
    • that the personal data contained in the transmitted files are collected and processed in compliance with legal regulations;<\/span><\/li>\n
    • that the user has informed the affected persons in accordance with legal regulations;<\/span><\/li>\n
    • that the user has obtained any necessary consents from the affected persons for the collection and processing;<\/span><\/li>\n
    • that the user enables the affected persons to exercise their rights in accordance with legal regulations;<\/span><\/li>\n
    • 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.<\/span><\/li>\n<\/ul>\n

      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. <\/span><\/p>\n

      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.<\/span><\/p>\n

      4.3.2 Protection of user’s personal data<\/span><\/h3>\n

      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:<\/span><\/p>\n

        \n
      • Multi-stage firewall<\/span><\/li>\n
      • Proven virus protection and detection of hacking attempts<\/span><\/li>\n
      • Encrypted data transmission using SSL\/https\/VPN technology<\/span><\/li>\n
      • ISO 27001 certified data centers<\/span><\/li>\n<\/ul>\n

        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.<\/span><\/p>\n

        Data transmitted over unsecured communication channels are subject to technical measures designed to make this data indecipherable to unauthorized parties.<\/span><\/p>\n

        4.3.3 Terms of Processing Agreement<\/span><\/h3>\n

        acehub acts as a data processor on behalf of the user and commits to comply with the obligations described in the %22Contract for the Processing of Personal Data%22 attachment.%22<\/span><\/p>\n

        4.4 Prohibited Uses<\/span><\/h3>\n

        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.<\/span><\/p>\n

        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.<\/span><\/p>\n

        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.<\/span><\/p>\n

        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.<\/span><\/p>\n

        5. Performance delimitation, accountability and liability<\/span><\/h2>\n

        5.1 Performance and Responsibility of acehub<\/span><\/h3>\n

        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.<\/span><\/p>\n

        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.<\/span><\/p>\n

        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.<\/span><\/p>\n

        5.2 Liability of acehub<\/span><\/h3>\n

        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<\/span><\/p>\n

          \n
        • for damages resulting from injury to life, body and health,<\/span><\/li>\n
        • in case of fraudulent concealment of a defect by acehub or for the absence of a quality for which acehub has assumed a guarantee,<\/span><\/li>\n
        • based on intentional or grossly negligent conduct by acehub or its legal representatives,<\/span><\/li>\n
        • under the Product Liability Act, as well as those covered by \u00a7 44 or \u00a7 44a TKG.<\/span><\/li>\n<\/ul>\n

          For the aforementioned exceptions, the legal regulations remain applicable.<\/span><\/p>\n

          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.<\/span><\/p>\n

          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.<\/span><\/p>\n

          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.<\/span><\/p>\n

          5.3 Responsibilities and Liability of the User<\/span><\/h3>\n

          The user is responsible for creating and storing backups of all content uploaded to the services and websites.<\/span><\/p>\n

          The user is liable for damages incurred by acehub due to non-compliance with these Terms and Conditions, as well as for any violation of acehub’s privacy policy, a legal regulation, a regulatory order, or a provision arising from an international agreement, unless the user is not at fault. The user hereby indemnifies acehub from all damages, claims, and third-party recourse.<\/span><\/p>\n

          6. Changes to the terms of use, policies of acehub, and the offering<\/span><\/h2>\n

          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.<\/span><\/p>\n

          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.<\/span><\/p>\n

          The terms and conditions of acehub are available on the websites at any time.<\/span><\/p>\n

          7. Duration, Termination<\/span><\/h2>\n

          The term of the usage agreement depends on the individual offer accepted by the user.<\/span><\/p>\n

          Free packages have no specific term, and either party may terminate the usage agreement with one day’s notice to expire the following day. <\/span><\/p>\n

          Paid packages have a monthly or annual term, depending on what the user booked when entering into the usage agreement. <\/span>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).<\/span><\/p>\n

          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.<\/span><\/p>\n

          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.<\/span><\/p>\n

          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.<\/span><\/p>\n

          8. Force Majeure<\/span><\/h2>\n

          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.<\/span><\/p>\n

          Force majeure means any external event that could not be prevented and hinders or excessively complicates one of the parties from fulfilling its obligations.<\/span><\/p>\n

          Expressly, force majeure cases include, without limitation:<\/span><\/p>\n

            \n
          • Wars, armed conflicts, riots, insurrections, sabotage, terrorist acts;<\/span><\/li>\n
          • 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;<\/span><\/li>\n
          • Natural disasters that lead to damage to the infrastructure at acehub, such as fires, storms, floods, water damage;<\/span><\/li>\n
          • Infectious diseases or epidemics at a relevant place of performance;<\/span><\/li>\n
          • 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;<\/span><\/li>\n
          • 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;<\/span><\/li>\n
          • Interruptions in power supply for more than 48 hours.<\/span><\/li>\n<\/ul>\n

            Each party shall notify the other party of any force majeure event.<\/span><\/p>\n

            9. Reference citation<\/span><\/h2>\n

            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.<\/span><\/p>\n

            10. Waiver<\/span><\/h2>\n

            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.<\/span><\/p>\n

            11. Applicable law, jurisdiction<\/span><\/h2>\n

            The terms of use agreement and these terms and conditions are subject exclusively to the laws of the Federal Republic of Germany, with the exception of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).<\/span><\/p>\n

            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.<\/span><\/p>\n

            APPENDIX 1 \u2013 Data Processing Agreement<\/span><\/h2>\n

            A contract for order processing is concluded between the user and acehub. The contract is concluded between the parties upon acceptance of the offer.<\/span><\/p>\n

            ” content_phone=”<\/p>\n

            General terms and conditions of acehub services<\/span><\/h1>\n

            1. Scope and Definitions<\/span><\/h2>\n

            The acehub GmbH (hereinafter referred to as %22acehub%22) offers services related to training and communication of employees for companies through its website www.acheub.io (%22the website%22).<\/span><\/p>\n

            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.<\/span><\/p>\n

            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 (\u00a7 14 para. 1 of the German Civil Code). The terms used in these GTC are defined as follows: %22User%22 means any natural or legal person who uses acehub’s services.<\/span><\/p>\n

            The %22Services%22 provided by acehub are the functions provided to the user through the websites, such as creating acehub stories or creating links to content.<\/span><\/p>\n

            %22Data Processor%22 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 (%22sub-processors%22) to carry out data processing.<\/span><\/p>\n

            %22User Data%22 refers to data processed by acehub for the user in the provision of the services. %22Personal Data%22 means information relating to an identified or identifiable natural person. %22Parties%22 refer to acehub and the user.<\/span><\/p>\n

            2. Registration, user account, terms of use agreement<\/span><\/h2>\n

            The use of acehub services requires the user to set up an online account (the %22Account%22). The usage agreement is concluded with the activation of the Account by acehub after completion of the registration process, including these T&C. <\/span><\/p>\n

            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.<\/span><\/p>\n

            When creating the Account, the user undertakes to provide the necessary information truthfully, in particular their name, first name, email address, and the name and address of their company. This data will be processed in accordance with the acehub privacy policy. <\/span><\/p>\n

            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.<\/span><\/p>\n

            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. <\/span><\/p>\n

            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.<\/span><\/p>\n

            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.<\/span><\/p>\n

            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.<\/span><\/p>\n

            3. Packages, other services and remuneration<\/span><\/h2>\n

            3.1 Free use<\/span><\/h3>\n

            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.<\/span><\/p>\n

            3.2 License Packages<\/span><\/h3>\n

            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.<\/span><\/p>\n

            3.3 Other additional services<\/span><\/h3>\n

            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.<\/span><\/p>\n

            3.4 Compensation<\/span><\/h3>\n

            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.<\/span><\/p>\n

            4. Use of servcie<\/span><\/h2>\n

            4.1 Compliance with applicable regulations<\/span><\/h3>\n

            Each party declares that it will comply with the legal regulations applicable to its activities.<\/span><\/p>\n

            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.<\/span><\/p>\n

            4.2 Usage rights, intellectual property<\/span><\/h3>\n

            4.2.1 User’s rights to intellectual property<\/span><\/h3>\n

            %22The user grants acehub all rights necessary for contract fulfillment (in particular naming, trademark, copyright, trademark rights and corporate identity). The user ensures:%22<\/span><\/p>\n

              \n
            • 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;<\/span><\/li>\n
            • 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;<\/span><\/li>\n
            • that he will not use any content that could infringe the rights of third parties when using the services;<\/span><\/li>\n
            • that there are no legal disputes or proceedings pending or initiated in relation to the user’s intellectual property rights.<\/span><\/li>\n<\/ul>\n

              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.<\/span><\/p>\n

              4.2.2 Intellectual property rights of acehub <\/span><\/h3>\n

              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.<\/span><\/p>\n

              Users agree not to use the websites, services, or any of the aforementioned elements for purposes other than those contractually provided for.<\/span><\/p>\n

              4.3 Protection of third-party personal data<\/span><\/h3>\n

              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.<\/span><\/p>\n

              4.3.1 Responsibility of users regarding personal data<\/span><\/h3>\n

              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 (%22GDPR%22) as well as the Federal Data Protection Act (BDSG) and obliges their employees accordingly, in particular:<\/span><\/p>\n

                \n
              • that the personal data contained in the transmitted files are collected and processed in compliance with legal regulations;<\/span><\/li>\n
              • that the user has informed the affected persons in accordance with legal regulations;<\/span><\/li>\n
              • that the user has obtained any necessary consents from the affected persons for the collection and processing;<\/span><\/li>\n
              • that the user enables the affected persons to exercise their rights in accordance with legal regulations;<\/span><\/li>\n
              • 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.<\/span><\/li>\n<\/ul>\n

                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. <\/span><\/p>\n

                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.<\/span><\/p>\n

                4.3.2 Protection of user’s personal data<\/span><\/h3>\n

                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:<\/span><\/p>\n

                  \n
                • Multi-stage firewall<\/span><\/li>\n
                • Proven virus protection and detection of hacking attempts<\/span><\/li>\n
                • Encrypted data transmission using SSL\/https\/VPN technology<\/span><\/li>\n
                • ISO 27001 certified data centers<\/span><\/li>\n<\/ul>\n

                  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.<\/span><\/p>\n

                  Data transmitted over unsecured communication channels are subject to technical measures designed to make this data indecipherable to unauthorized parties.<\/span><\/p>\n

                  4.3.3 Terms of Processing Agreement<\/span><\/h3>\n

                  acehub acts as a data processor on behalf of the user and commits to comply with the obligations described in the %22Contract for the Processing of Personal Data%22 attachment.%22<\/span><\/p>\n

                  4.4 Prohibited Uses<\/span><\/h3>\n

                  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.<\/span><\/p>\n

                  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.<\/span><\/p>\n

                  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.<\/span><\/p>\n

                  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.<\/span><\/p>\n

                  5. Performance delimitation, accountability and liability<\/span><\/h2>\n

                  5.1 Performance and Responsibility of acehub<\/span><\/h3>\n

                  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.<\/span><\/p>\n

                  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.<\/span><\/p>\n

                  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.<\/span><\/p>\n

                  5.2 Liability of acehub<\/span><\/h3>\n

                  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<\/span><\/p>\n

                    \n
                  • for damages resulting from injury to life, body and health,<\/span><\/li>\n
                  • in case of fraudulent concealment of a defect by acehub or for the absence of a quality for which acehub has assumed a guarantee,<\/span><\/li>\n
                  • based on intentional or grossly negligent conduct by acehub or its legal representatives,<\/span><\/li>\n
                  • under the Product Liability Act, as well as those covered by \u00a7 44 or \u00a7 44a TKG.<\/span><\/li>\n<\/ul>\n

                    For the aforementioned exceptions, the legal regulations remain applicable.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    5.3 Responsibilities and Liability of the User<\/span><\/h3>\n

                    The user is responsible for creating and storing backups of all content uploaded to the services and websites.<\/span><\/p>\n

                    The user is liable for damages incurred by acehub due to non-compliance with these Terms and Conditions, as well as for any violation of acehub’s privacy policy, a legal regulation, a regulatory order, or a provision arising from an international agreement, unless the user is not at fault. The user hereby indemnifies acehub from all damages, claims, and third-party recourse.<\/span><\/p>\n

                    6. Changes to the terms of use, policies of acehub, and the offering<\/span><\/h2>\n

                    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.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    The terms and conditions of acehub are available on the websites at any time.<\/span><\/p>\n

                    7. Duration, Termination<\/span><\/h2>\n

                    The term of the usage agreement depends on the individual offer accepted by the user.<\/span><\/p>\n

                    Free packages have no specific term, and either party may terminate the usage agreement with one day’s notice to expire the following day. <\/span><\/p>\n

                    Paid packages have a monthly or annual term, depending on what the user booked when entering into the usage agreement. <\/span>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).<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    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.<\/span><\/p>\n

                    8. Force Majeure<\/span><\/h2>\n

                    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.<\/span><\/p>\n

                    Force majeure means any external event that could not be prevented and hinders or excessively complicates one of the parties from fulfilling its obligations.<\/span><\/p>\n

                    Expressly, force majeure cases include, without limitation:<\/span><\/p>\n

                      \n
                    • Wars, armed conflicts, riots, insurrections, sabotage, terrorist acts;<\/span><\/li>\n
                    • 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;<\/span><\/li>\n
                    • Natural disasters that lead to damage to the infrastructure at acehub, such as fires, storms, floods, water damage;<\/span><\/li>\n
                    • Infectious diseases or epidemics at a relevant place of performance;<\/span><\/li>\n
                    • 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;<\/span><\/li>\n
                    • 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;<\/span><\/li>\n
                    • Interruptions in power supply for more than 48 hours.<\/span><\/li>\n<\/ul>\n

                      Each party shall notify the other party of any force majeure event.<\/span><\/p>\n

                      9. Reference citation<\/span><\/h2>\n

                      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.<\/span><\/p>\n

                      10. Waiver<\/span><\/h2>\n

                      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.<\/span><\/p>\n

                      11. Applicable law, jurisdiction<\/span><\/h2>\n

                      The terms of use agreement and these terms and conditions are subject exclusively to the laws of the Federal Republic of Germany, with the exception of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).<\/span><\/p>\n

                      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.<\/span><\/p>\n

                      APPENDIX 1 \u2013 Data Processing Agreement<\/span><\/h2>\n

                      A contract for order processing is concluded between the user and acehub. The contract is concluded between the parties upon acceptance of the offer.<\/span><\/p>\n

                      ” content_last_edited=”on|phone” _builder_version=”4.27.6″ _module_preset=”default” text_font=”Roboto|300|||||||” text_font_size=”16px” header_font=”Roboto|500|||||||” header_font_size=”60px” header_line_height=”1.1em” header_2_font=”Roboto|500|||||||” header_2_font_size=”30px” header_2_line_height=”1.1em” hover_enabled=”0″ header_font_size_tablet=”50px” header_font_size_phone=”45px” header_font_size_last_edited=”on|phone” header_2_font_size_tablet=”” header_2_font_size_phone=”20px” header_2_font_size_last_edited=”on|desktop” inline_fonts=”Comfortaa” global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n

                      General terms and conditions of acehub services<\/span><\/h1>\n

                      1. Scope and Definitions<\/span><\/h2>\n

                      1.1<\/span><\/h3>\n

                      eleanto GmbH, Ferdinand-Lassalle-Stra\u00dfe 17, 04109 Leipzig (hereinafter “eleanto”)\u00a0offers services related to the training and communication of employees for companies via\u00a0its website www.acehub.io (hereinafter the “Platform”).<\/p>\n

                      1.2<\/span><\/h3>\n

                      These General Terms of Use (GTU) govern the content of the usage relationship\u00a0between eleanto and the customer. eleanto offers the use of the services and the\u00a0platform exclusively on the basis of these GTU. Conflicting or deviating terms and\u00a0conditions of the customer are hereby expressly rejected, unless eleanto has expressly\u00a0agreed to their validity in writing.<\/p>\n

                      1.3<\/span><\/h3>\n

                      Any individual contractual agreements made between eleanto and the customershall take precedence over these Terms of Use.<\/p>\n

                      1.4<\/span><\/h3>\n

                      A condition for the use of eleanto’s services is that the use of the services isexclusively for a commercial, business, or freelance activity of the customer (\u00a7 14 para. 1\u00a0BGB). Conclusion of a contract with consumers (\u00a7 13 BGB) is excluded.<\/p>\n

                      1.5<\/span><\/h3>\n

                      The terms used in these GTC are defined as follows:<\/p>\n

                      “Customer” means any natural or legal person or legally capable partnership who, when\u00a0concluding the contract, acts in the exercise of their commercial or independent\u00a0professional activity and uses the services of eleanto.<\/p>\n

                      “Users” are the natural persons authorized by the Customer who actively use the\u00a0Services. This includes both employees of the Customer as well as third parties to whom\u00a0the Customer grants access to content via the platform (e.g., customers of the Customer,\u00a0business partners, or other recipients of published stories).<\/p>\n

                      “Services” are the functions made available to the customer via the platform, such as\u00a0creating and sharing content.<\/p>\n

                      “Content” means all data, texts, images, and videos created, uploaded, or embedded by\u00a0the customer or its users on the platform.<\/p>\n

                      “Processor” means the entity that processes data on behalf of a controller responsible\u00a0for data processing. eleanto acts as the processor on behalf of the customer. eleanto may\u00a0also engage further processors (“sub-processors”). The conditions for this are governed\u00a0by the Data Processing Agreement (DPA), which is Annex 1 to these Terms of Use and\u00a0constitutes an integral part of the contract.<\/p>\n

                      “Customer Data” means such data that is processed by eleanto for the customer within\u00a0the scope of providing the services.<\/p>\n

                      \u201cPersonal Data\u201d means information relating to an identified or identifiable natural person.<\/p>\n

                      “Parties” means eleanto and the Customer.<\/p>\n

                      2. Registration, User Account, Usage Agreement<\/span><\/h2>\n

                      2.1<\/span><\/h3>\n

                      The use of the eleanto services requires the creation of an online account by the\u00a0customer (the \u201cAccount\u201d). The contract for use is concluded upon the activation of the\u00a0Account by eleanto following the completion of the registration process, incorporating these Terms of Use and the Data Processing Agreement (Annex 1).<\/p>\n

                      2.2<\/span><\/h3>\n

                      eleanto shall promptly confirm to the customer the registration and the conclusion of\u00a0the usage agreement as well as the booking of packages and additional services by\u00a0electronic means to the email address provided by the customer.<\/p>\n

                      2.3<\/span><\/span><\/h3>\n

                      Upon account creation, the Customer undertakes to provide the required information\u00a0truthfully, in particular their last name, first name, email address, as well as the name\u00a0and address of their company. These data will be processed in accordance with the\u00a0eleanto Privacy Policy.<\/p>\n

                      2.4<\/span><\/h3>\n

                      The Customer is responsible for the accuracy of the information provided by them\u00a0and undertakes to update their information without delay or to inform eleanto of any\u00a0changes to the information.<\/p>\n

                      2.5<\/span><\/h3>\n

                      The Customer shall not disclose access to the account to unauthorized third parties\u00a0and shall take appropriate measures to prevent third-party access to their account. The\u00a0Customer is obliged to use secure passwords and keep them confidential. Secure means\u00a0that passwords comply with the current recommendations of the Federal Office for\u00a0Information Security (BSI). The Customer is responsible for actions taken under their\u00a0account, unless they are not at fault for such actions. The Customer is also liable for the\u00a0use by third parties that is enabled through the Customer\u2019s fault.<\/p>\n

                      2.6<\/span><\/h3>\n

                      The Customer undertakes to notify eleanto immediately in the event of fraudulent or otherwise unauthorized use of their account and to change their access password without delay. The Customer shall bear all costs arising from unauthorized use of the Customer’s account until eleanto is informed thereof, unless the Customer is not responsible for this.<\/p>\n

                      2.7<\/span><\/h3>\n

                      eleanto shall not be liable for damages arising from the use of the account by third\u00a0parties, with or without the customer’s consent, unless eleanto is responsible for the use\u00a0by the third party.<\/p>\n

                      2.8<\/span><\/h3>\n

                      The Customer may request the deletion of their account and the termination\u00a0of the User Agreement in accordance with the provisions set forth in Clause 9\u00a0(Term and Termination).<\/p>\n

                      3. Packages, Services, and Compensation<\/span><\/h2>\n

                      3.1 Free use<\/span><\/h3>\n

                      The customer has the option to use the services free of charge as long as no story\u00a0created by the customer is published via the platform (i.e., made live for the public or the\u00a0customer\u2019s employees). The free usage therefore specifically includes creating, editing,\u00a0and previewing content. As soon as the customer makes a story live, the conclusion of a\u00a0paid usage agreement in accordance with clause 3.2 is required.<\/p>\n

                      3.2 License Packages<\/span><\/h3>\n

                      As soon as the customer publishes a story live or multiple users from a company use the\u00a0platform, the customer is obliged to conclude a paid usage agreement with eleanto. The\u00a0scope of the packages and their functions, as well as the remuneration, are to be taken\u00a0from the individual offer made by eleanto, which is prepared for the customer’s company.<\/p>\n

                      3.3 Other additional services<\/span><\/h3>\n

                      eleanto offers other services (e.g., content creation, template creation, video\u00a0productions) which must be commissioned separately. The scope and remuneration are to be taken from the individual offer.<\/p>\n

                      3.4 Remuneration and Payment Terms<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      By concluding a paid usage contract, the customer undertakes to pay the agreed\u00a0remuneration to eleanto. The remuneration is due for payment in advance either monthly\u00a0or annually, depending on the chosen billing model. The billing model selected by the\u00a0customer is derived from the individual offer or the agreement made at the time of\u00a0contract conclusion.<\/p>\n

                      b)<\/span><\/h4>\n

                      For any other additional services, the customer shall pay eleanto the remuneration\u00a0agreed upon in each case as agreed.<\/p>\n

                      c)<\/span><\/h4>\n

                      The prices shown in the offer are net prices plus the applicable statutory value-added\u00a0tax.<\/p>\n

                      d)<\/span><\/h4>\n

                      Invoices will be sent to the customer electronically to the email address stored in the\u00a0account. The customer agrees to this form of invoicing.<\/p>\n

                      e)<\/span><\/h4>\n

                      Invoices are due for payment without deduction within 14 days of the invoice date.<\/p>\n

                      3.5\u00a0Default in Payment<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      If the customer is in default of payment, eleanto is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate per annum. The\u00a0assertion of further damages due to default remains unaffected.<\/p>\n

                      b)<\/span><\/h4>\n

                      If the customer is in arrears with a payment for more than 30 days, eleanto is\u00a0entitled, after prior warning by e-mail, to temporarily suspend the customer’s access to\u00a0the services until the outstanding claim has been fully settled. The customer’s obligation\u00a0to pay the remuneration remains unaffected by the suspension.<\/p>\n

                      3.6 Price Adjustments<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Cost-Related Price Adjustment: eleanto is entitled to adjust the agreed prices for paid\u00a0packages at its reasonable discretion (\u00a7 315 BGB) in order to offset increased overall\u00a0costs (e.g., for personnel, server hosting, energy). Such a cost-related price adjustment\u00a0may only be made once per calendar year.<\/p>\n

                      b)<\/span><\/h4>\n

                      Performance-Based Price Adjustment: If eleanto significantly expands the functionality\u00a0of an existing package (e.g., through a major platform update or the integration of new\u00a0core features), eleanto is entitled to adjust the remuneration for the respective package\u00a0in accordance with the added value of the expansion. Such an adjustment is only\u00a0permissible if the new feature becomes an integral part of the package and is not offered\u00a0as a separately bookable add-on module.<\/p>\n

                      c)<\/span><\/h4>\n

                      Extended License Variants: eleanto may offer extended license variants with additional\u00a0functionality alongside the existing license (e.g., a “Professional” license). The customer\u00a0is not obligated to switch to an extended license variant; their existing license remains\u00a0unchanged with the agreed functionality and agreed remuneration. A switch to an\u00a0extended license variant is made solely on a voluntary basis by the customer and\u00a0requires a separate agreement. The respective terms and conditions and the scope of\u00a0functions of the extended license variant are set forth in eleanto’s individual offer.<\/p>\n

                      d)<\/span><\/h4>\n

                      Announcement and Special Right of Termination: eleanto will announce any price\u00a0adjustment pursuant to lit. a) or lit. b) to the customer in text form (e.g., by e-mail) at\u00a0least six (6) weeks prior to its effective date. The announcement will clearly explain the\u00a0reasons for the adjustment and, in the case of performance-related adjustments, the\u00a0extended scope of functions. In the event of a price increase of more than 5% of the\u00a0previous price, the customer has the right to terminate the contract extraordinarily at the\u00a0time the increase takes effect. If the customer does not exercise this special right of\u00a0termination within four (4) weeks after receipt of the announcement, the price\u00a0adjustment shall be deemed approved.<\/p>\n

                      4. Use of the Services<\/span><\/h2>\n

                      4.1 Compliance with applicable regulations<\/span><\/h3>\n

                      Each party declares that it will comply with the legal provisions applicable to its activities.<\/p>\n

                      The Customer ensures that its use of the Services does not violate laws, administrative\u00a0regulations, or applicable international agreements. In particular, competition, criminal,\u00a0copyright, trademark, designation, patent, and personal rights regulations, youth\u00a0protection provisions, and other third-party rights must be observed.<\/p>\n

                      4.2 Rights of Use, Intellectual Property<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Customer’s Intellectual Property Rights: The Customer grants eleanto all non-exclusive, worldwide, and contract-duration-limited rights necessary for the fulfillment of the contract to its content, in particular the right to reproduce, store, transmit, and\u00a0display it for the purpose of providing the service. The Customer ensures that it holds all\u00a0necessary rights to the content it uploads and that this content is free of third-party\u00a0rights. The Customer indemnifies eleanto against all claims by third parties arising from a\u00a0breach of this obligation, unless the Customer is not responsible for the breach.<\/span><\/p>\n

                      b)<\/span><\/h4>\n

                      Rights of eleanto to Intellectual Property: All rights to the platform and the services, in\u00a0particular the computer programs, processes, designs, technologies, trademarks, and\u00a0trade names, are the intellectual property of eleanto or its licensors. The customer is\u00a0granted a simple, non-transferable, and contract-duration-limited right to use the\u00a0services in accordance with these Terms of Use.<\/p>\n

                      4.3 Protection of personal data<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Customer’s Responsibility: The customer is solely responsible as the controller within\u00a0the meaning of the GDPR for the lawfulness of the collection and processing of the\u00a0personal data of its users and the personal data of third parties contained in its content.<\/p>\n

                      In particular, the customer ensures that all necessary legal bases (e.g., consents) are in\u00a0place.<\/p>\n

                      b)<\/span><\/h4>\n

                      Prohibition of Special Categories of Data: The Customer is obliged not to process any\u00a0special categories of personal data within the meaning of Article 9 GDPR (e.g., health\u00a0data) through the platform. eleanto expressly objects to the processing of such data.<\/p>\n

                      c)<\/span><\/h4>\n

                      Data Processing on Behalf: If eleanto processes personal data on behalf of the customer in the provision of the services, the provisions of the Data Processing Agreement (DPA) in Annex 1 shall apply.<\/p>\n

                      4.4 Prohibited Uses<\/span><\/h3>\n

                      The use of the services for storing or transmitting unlawful, racist, glorifying violence,\u00a0pornographic, or content infringing the rights of third parties is prohibited. Likewise, any\u00a0use that could impair eleanto’s infrastructure or the availability of the services for other\u00a0customers is prohibited. In the event of a violation, eleanto reserves the right to remove\u00a0the respective content and\/or block the customer’s access to the services after prior\u00a0warning.<\/p>\n

                      5. Support, Maintenance and Availability (SLA)<\/span><\/h2>\n

                      5.1 Support<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      eleanto provides technical support via email for paid packages. Inquiries can be\u00a0directed to support@acehub.io.<\/p>\n

                      b)<\/span><\/h4>\n

                      The support service hours are Monday to Friday from 9:00 a.m. to 5:00 p.m.\u00a0(CET\/CEST), excluding public holidays at eleanto\u2019s registered office. eleanto will endeavor\u00a0to respond to inquiries within 24 hours during the service hours.<\/p>\n

                      5.2 Maintenance<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      eleanto is entitled to carry out planned maintenance work on the platform. These will\u00a0be conducted, as far as possible, outside of regular business hours (Monday to Friday,\u00a09:00 a.m. to 6:00 p.m. CET\/CEST).<\/p>\n

                      b)<\/span><\/h4>\n

                      Planned maintenance work that is expected to result in an interruption of the services\u00a0for more than 15 minutes will be announced to the customer at least 48 hours in advance\u00a0by e-mail or via the platform.<\/p>\n

                      5.3 Availability (Service Level Agreement – SLA)<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      eleanto guarantees an availability of the services of 99.0% on an annual average for\u00a0paid packages.<\/p>\n

                      b)<\/span><\/h4>\n

                      Downtimes that do not fall within the calculation of availability include those that<\/p>\n

                      i. are attributable to scheduled maintenance work pursuant to Clause 5.2;<\/p>\n

                      ii. are attributable to force majeure (see Clause 11);<\/p>\n

                      iii. caused by the customer or third parties commissioned by them;<\/p>\n

                      iv. are due to disruptions of the Internet or other networks that are not within eleanto’s\u00a0sphere of influence.<\/p>\n

                      5.3 Warranty of Defects<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      The statutory warranty rights for defects under tenancy law (\u00a7\u00a7 536 et seq. of the\u00a0German Civil Code – BGB) shall apply, with the provision that liability without fault for\u00a0initial defects is excluded.<\/p>\n

                      b)<\/span><\/h4>\n

                      The Customer is obliged to notify defects of the services without delay after their\u00a0discovery in text form. eleanto will remedy duly notified defects within a reasonable\u00a0period.<\/p>\n

                      6. Liability<\/span><\/h2>\n

                      6.1<\/span><\/h3>\n

                      The following provisions regarding eleanto\u2019s liability shall apply to all claims for\u00a0damages and cases of liability, regardless of the legal grounds on which they are based\u00a0(e.g., warranty, delay, impossibility, breach of duty, tort), with the exception of claims by\u00a0the customer:<\/p>\n

                      \u2013 for damages resulting from injury to life, body, and health,<\/p>\n

                      \u2013 in the case of fraudulent concealment of a defect by eleanto or due to the absence of a<\/p>\n

                      characteristic for which eleanto has provided a guarantee,<\/p>\n

                      \u2013 which are based on intentional or grossly negligent conduct by eleanto, its legal\u00a0representatives, or vicarious agents,<\/p>\n

                      \u2013 pursuant to the Product Liability Act.<\/p>\n

                      For the foregoing exceptions, the statutory provisions shall remain applicable.<\/p>\n

                      6.2<\/span><\/h3>\n

                      eleanto shall be liable for slight or simple negligence only in the case of breach of\u00a0essential contractual obligations (so-called cardinal obligations), i.e., obligations whose\u00a0fulfillment makes the proper execution of the contract possible in the first place and on\u00a0whose compliance the customer may regularly rely. In the case of slight negligence in the\u00a0breach of cardinal obligations, eleanto’s liability is limited to compensation for the typical,\u00a0foreseeable damage under the contract. In this case, liability is also limited to the\u00a0amount of the net remuneration paid by the customer in the 12 months preceding the\u00a0damaging event.<\/p>\n

                      6.3<\/span><\/h3>\n

                      Apart from that, eleanto\u2019s liability for slight or simple negligence is excluded.<\/p>\n

                      6.4<\/span><\/h3>\n

                      If the customer incurs damage through the use of services provided free of charge\u00a0(including the retrieval of free content), eleanto shall be liable only to the extent that the\u00a0damage arose from the proper contractual use of the free content and\/or services, and\u00a0only in cases of intent (including fraud) and gross negligence on the part of eleanto.<\/p>\n

                      7. Confidentiality<\/span><\/h2>\n

                      7.1<\/span><\/h3>\n

                      Both parties undertake to keep confidential all information and documents of the\u00a0other party that become known to them in the course of performing the contract and are\u00a0marked as confidential or are recognizable as trade or business secrets under the\u00a0circumstances (hereinafter “confidential information”), and \u2013 unless required for the\u00a0purpose of achieving the contractual objective \u2013 neither to record, disclose, nor exploit\u00a0them.<\/p>\n

                      7.2<\/span><\/h3>\n

                      The obligation of confidentiality does not apply to confidential information that<\/p>\n

                      a)<\/span><\/h4>\n

                      were demonstrably already known to the receiving party at the time of concluding the\u00a0contract or become known thereafter from a third party, without thereby violating any\u00a0confidentiality agreement, legal provisions, or official orders;<\/p>\n

                      b)<\/span><\/h4>\n

                      are or become publicly known, provided this is not due to a breach of this Agreement;<\/p>\n

                      c)<\/span><\/h4>\n

                      must be disclosed due to statutory, judicial, or official orders.<\/p>\n

                      7.3<\/span><\/h3>\n

                      The obligations of confidentiality shall continue to apply beyond the\u00a0termination of the contract for a period of three (3) years.<\/p>\n

                      8. Provider Change and Data Portability (EU Data Act)<\/span><\/h2>\n

                      8.1 Right to Change Provider<\/span><\/h3>\n

                      <\/span><\/p>\n

                      a)<\/span><\/h4>\n

                      In accordance with the provisions of the EU Data Act, eleanto supports the customer\u00a0in the event of an intended switch to another provider of data processing services\u00a0(“Switching”).<\/p>\n

                      b)<\/span><\/h4>\n

                      The Customer has the right, after effective termination of the contract pursuant to\u00a0Clause 9, to switch to another provider or to request the transfer of all its exportable\u00a0data (as defined in Clause 8.2) to its own IT infrastructure (“On-Premise”).<\/p>\n

                      8.2 Exportable Data<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Exportable data includes all content actively created or uploaded by the customer or\u00a0its users on the platform (e.g., texts, images, videos in created stories) as well as\u00a0response data generated through the use of interactive elements (e.g., survey results).<\/p>\n

                      b)<\/span><\/h4>\n

                      Data that is not subject to export includes data generated by eleanto relating to the\u00a0functioning of the platform (e.g., internal performance and usage analyses, metadata),\u00a0as well as data whose export would infringe upon the intellectual property rights of\u00a0eleanto or third parties.<\/p>\n

                      8.3 Change Process and Deadlines<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      eleanto shall provide the customer with the exportable data in a structured, common,\u00a0and machine-readable format (e.g., JSON, CSV) via a secure download interface.<\/p>\n

                      b)<\/span><\/h4>\n

                      The provision of the data shall be made without undue delay and within a transition\u00a0period of a maximum of 30 calendar days, commencing after the date of termination of\u00a0the contract.<\/p>\n

                      c)<\/span><\/h4>\n

                      After the expiration of the transition period, eleanto ensures that the exportable data\u00a0will be available for retrieval by the customer for an additional retrieval period of at least\u00a030 calendar days.<\/p>\n

                      d)<\/span><\/h4>\n

                      After the expiration of the retrieval period, all customer data as well as the associated\u00a0backup copies will be irrevocably deleted from eleanto’s systems, unless there are\u00a0statutory retention obligations to the contrary.<\/p>\n

                      8.4 Switching Fees<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Support in the event of a provider change and the provision of exportable data in\u00a0accordance with this Section 8 are provided to the customer free of charge.<\/p>\n

                      b)<\/span><\/h4>\n

                      From January 12, 2027, no fees may be charged for the switching process. eleanto\u00a0hereby waives the collection of such fees already now.<\/p>\n

                      9. Term, Termination<\/span><\/h2>\n

                      9.1<\/span><\/h3>\n

                      The term of the usage agreement shall be determined by the individual offer\u00a0accepted by the customer.<\/p>\n

                      9.2<\/span><\/h3>\n

                      Free accounts have no fixed contract term. Either party may terminate the user\u00a0agreement at any time with immediate effect in text form.<\/p>\n

                      9.3<\/span><\/h3>\n

                      Paid packages have, depending on what the customer has booked upon conclusion\u00a0of the user agreement, a fixed minimum term (e.g., 12 months). During this fixed term,\u00a0the user agreement may not be terminated ordinarily by either party.<\/p>\n

                      9.4<\/span><\/h3>\n

                      Paid packages shall automatically renew at the end of the respective term for an\u00a0additional term equal to the initial term, unless the contract is terminated by either party\u00a0in writing (e.g., by e-mail) with a notice period of 30 days prior to the respective end of\u00a0the term.<\/p>\n

                      9.5<\/span><\/h3>\n

                      The parties’ right to terminate the User Agreement extraordinarily for good cause\u00a0remains unaffected. A good cause for eleanto shall, in particular, exist if the customer\u00a0significantly or repeatedly breaches these Terms of Use (in particular Sections 3.5 and\u00a04.4) or if insolvency proceedings are opened with respect to the customer’s assets.<\/p>\n

                      9.6<\/span><\/h3>\n

                      If eleanto discontinues the operation of the services permanently for economic\u00a0reasons, eleanto will inform the customer thereof with a notice period of at least three\u00a0(3) months. Fees paid in advance will be refunded to the customer on a pro rata basis for\u00a0the period after the discontinuation.<\/p>\n

                      9.7<\/span><\/h3>\n

                      The provisions regarding data disclosure and deletion in Clause 8 shall remainunaffected by termination.<\/p>\n

                      10. Amendements to the Terms of Use<\/span><\/h2>\n

                      10.1<\/span><\/h3>\n

                      eleanto is entitled to amend these Terms and Conditions if this is necessary for a\u00a0valid reason (e.g., due to changes in legislation, case law, or market conditions) and the\u00a0amendment does not unreasonably disadvantage the customer.<\/p>\n

                      10.2<\/span><\/h3>\n

                      eleanto will notify the customer of planned changes at least six (6) weeks before\u00a0their effective date in text form (e.g., by e-mail). The notification will include a reference\u00a0to the customer’s right to object, the deadline for doing so, and the consequences of\u00a0failing to object.<\/p>\n

                      10.3<\/span><\/h3>\n

                      If the customer does not object to the amendment within four (4) weeks after\u00a0receipt of the notification in text form, the amended GTC shall be deemed accepted. If\u00a0the customer objects within the deadline, the contractual relationship shall continue\u00a0under the previous conditions. In this case, eleanto reserves the right to terminate the\u00a0contract properly at the next possible date.<\/p>\n

                      11. Force Majeure<\/span><\/h2>\n

                      11.1<\/span><\/h3>\n

                      The parties shall not be liable if the non-performance or delay in the performance\u00a0of any of their obligations is due to an event of force majeure. Force majeure shall be understood as unforeseeable, unavoidable events beyond the control of the respective\u00a0party, such as wars, natural disasters, epidemics, pandemics, general strikes, or\u00a0widespread failures of communication networks.<\/p>\n

                      11.2<\/span><\/h3>\n

                      If a force majeure event lasts longer than 60 days, each party is entitled to terminate the contract extraordinarily. Any fees already paid shall be refunded on\u00a0a pro rata basis in this case.<\/p>\n

                      12. Final Provisions<\/span><\/h2>\n

                      12.1 Applicable Law, Jurisdiction<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      The contract for use and these Terms of Use are exclusively subject to the law of the\u00a0Federal Republic of Germany, excluding the United Nations Convention on Contracts for\u00a0the International Sale of Goods (CISG) and private international law.<\/p>\n

                      b)<\/span><\/h4>\n

                      The exclusive place of jurisdiction for all disputes arising from or in connection with\u00a0this contractual relationship is the registered office of eleanto.<\/p>\n

                      12.2 Text Form<\/span><\/h3>\n

                      a)<\/span><\/h4>\n

                      Amendments and additions to this contract require text form to be effective. This also\u00a0applies to the amendment of this text form requirement.<\/span><\/span><\/p>\n

                      12.3 Set-off and Retention<\/span><\/h3>\n

                      a)\u00a0<\/span><\/h4>\n

                      The customer may only set off against undisputed or legally established claims. The\u00a0customer may only assert a right of retention insofar as it is based on the same\u00a0contractual relationship.<\/span><\/p>\n

                      12.4 Severability Clause<\/span><\/h3>\n

                      a)\u00a0<\/span><\/h4>\n

                      Should any individual provisions of these General Terms and Conditions be or become\u00a0wholly or partially invalid, the validity of the remaining provisions shall not be affected\u00a0thereby. In place of the invalid provision, a valid provision shall be deemed agreed upon\u00a0which comes closest to the economic purpose of the invalid provision. The same shall\u00a0apply in the event of a contractual gap.<\/p>\n

                      Annex 1 – Agreement on the Processing of Personal Data (Data Processing Agreement, DPA)<\/span><\/h2>\n

                      The data processing agreement (DPA) concluded between the customer and eleanto is an\u00a0integral part of this contractual relationship. The current DPA will be made available to\u00a0the customer upon conclusion of the contract.<\/p>\n

                      [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"

                      General terms and conditions of acehub services 1. Scope and Definitions 1.1 eleanto GmbH, Ferdinand-Lassalle-Stra\u00dfe 17, 04109 Leipzig (hereinafter “eleanto”)\u00a0offers services related to the training and communication of employees for companies via\u00a0its website www.acehub.io (hereinafter the “Platform”). 1.2 These General Terms of Use (GTU) govern the content of the usage relationship\u00a0between eleanto and the customer. 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