General terms and conditions

General Terms and Conditions, Webinaris GmbH, Bussardstr. 5, 82166 Gräfelfing (hereinafter referred to as "Webinaris").

By using the Webinaris platform, you are tacitly agreeing to the following conditions.

Scope of service

Webinaris provides an online platform for hosting webinars (hereinafter referred to as “OP-Webinaris”).

Webinars are here understood as content conveyed by people (hereinafter referred to as "operators" or, together with "participants", also referred to as "users") via the Internet. This content is consumed by other people (hereinafter referred to as "participants" or, together with “operators”, also referred to as “users”).

The content conveyed via a webinar is provided exclusively by the operator. Webinaris only provides the technology and platform and, if applicable, other supportive services.

Webinaris creates, operates and maintains the OP-Webinaris, but does not itself act as an intermediary between users. Services / applications of third parties that are integrated into the OP-Webinaris, and with which a separate contractual relationship exist, are excluded from the subject of this contract.

Users can order various Webinaris memberships. The various memberships provide access to the OP-Webinaris and can differ in terms of their range of functions. The prices and range of functions of the available memberships can be found at https://www.webinaris.com/pricing.

Webinaris reserves the right to change the various memberships’ range of functions without notice and without explanation. This applies in particular, but not exclusively, to the provision of new functions and the deactivation of functions that can no longer be provided due to technical or economic circumstances.

Access, and conclusion of contract

Operators get access to the OP-Webinaris by

  • 1. purchasing a paid Webinaris membership from Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim (hereinafter referred to as Digistore24 GmbH). Payment, processing and delivery is carried out solely by Digistore24 GmbH; or
    2. activating a free Webinaris membership.

This also marks the beginning of the term of the respective service agreement.

The access data for the OP-Webinaris will be sent to the operator via email immediately after ordering or activating a Webinaris membership.
The term of the service agreement for a paid Webinaris membership ends with the termination of the subscription by the operator or Webinaris.

Paid Webinaris memberships are automatically converted into free Webinaris memberships after termination.

The term of the service agreement for a free Webinaris membership ends with the deletion of the corresponding Webinaris account by the user or Webinaris.

Billing period and automatic renewal of the subscription to a paid Webinaris membership

A subscription to a paid Webinaris membership can be completed with different billing periods. These are usually 1, 6 and 12 months.
If the paid Webinaris membership is not canceled within the cancellation period, the subscription is automatically extended by the duration of the billing period selected at that time.

Billing

Billing takes place exclusively through Digistore24 GmbH.
All payments must be made in advance.
Payments can be made via direct debit, PayPal or credit card.
Cancellation does not entitle refund of amounts already paid.

Cancellation and termination of the service agreement by the operator

A subscription to a paid Webinaris membership can be terminated at any time by an operator at the end of the current billing period with a notice period of 7 days. Cancellation is only permitted

  • 1. via the tariff-administration area of the OP-Webinaris or
    2. the order-overview area of Digistore24 GmbH or
    3. by email with the subject "cancellation" to info[at]webinaris.com stating the order ID and the email address with which the paid Webinaris membership was acquired.
    4. In the case of a free Webinaris membership, this is terminated when the operator deletes his account via the tariff-administration area of the OP-Webinaris.


Return debit notes do not constitute a cancellation.

Termination of the service agreement by Webinaris

A Webinaris membership can be terminated at any time, without notice and without prior notification by Webinaris. This applies in particular if there is a suspicion that the operator is violating applicable law or the rights of third parties.
This also applies, however, if the operator does not meet his payment obligation towards Digistore24 GmbH or does not meet it completely or in time or if the subscription of a paid Webinaris membership has ended.

Blocking and deleting data and content

Webinaris is entitled at any time to block some or all of the data or content that has been generated or saved by operators on the OP Webinaris. This applies in particular if there is a suspicion that these violate applicable law or the rights of third parties.
This also applies, however, if the operator does not meet his payment obligation towards Digistore24 GmbH or does not meet it completely or in time or if the subscription of a paid Webinaris membership has ended. It is then no longer possible to provide the content, including any stored data on participants.
The OP-Webinaris enables operators to independently delete all their data and content.

Technical requirements for using the OP-Webinaris

To use the OP-Webinaris as an operator,

  • 1. a laptop or desktop PC with a current operating system and a current version of Google Chrome or Mozilla Firefox and
    2. a stable internet connection with sufficient band width for the functions used and
    3. sufficient free RAM and a sufficiently powerful processor for the functions used, are required.

To use the OP-Webinaris as a participant,

  • 1. a laptop or desktop PC with a current operating system or a tablet PC or smartphone with a current version of iOS or Android and a current version of Google Chrome, Mozilla Firefox, Opera, Internet Explorer, Microsoft Edge or Safari and
    2. a stable internet connection with sufficient band width for the functions used and
    3. sufficient free RAM and a sufficiently powerful processor for the functions used, are required.

The installation of unsupported additional software (including pop-up blockers, ad blockers, etc.) as well as unsupported settings in the operating system, browser or other installed software, can lead to limited functionality.

Operator obligations

Operators are responsible in person for all content they publish on the OP-Webinaris.

The operators hereby warrant Webinaris that the content of their webinars is in accordance with German law and does not infringe the rights of third parties, in particular intellectual property rights such as trademarks, designs, patents, utility models, copyrights or personal rights and also neither infringe competition law nor data protection law and does not infringe criminal law.

The operators further warrant refraining from providing any content that glorifies violence or is pornographic.
Webinaris provides every operator with customizable websites. The operator warrants adapting the individualized website assigned to him to the applicable law at any time.

Webinaris provides every operator with the opportunity to send emails via the Webinaris platform. The operator undertakes to adapt the emails and all transmission criteria to the applicable law at any time.

Webinaris provides every operator with the opportunity to pass on participant data to third-party providers. The operator undertakes to comply with the applicable law at any time when transferring such data to third parties.

As soon as a participant registers for an operator's webinar, the participant's data is saved in the operator's Webinaris account. The sole responsibility for all participant data lies with the operator. The operator warrants complying with the applicable law at any one time when processing the data.

Granting rights – license

The user grants Webinaris a non-exclusive license with regard to the provided content, unlimited in time and place. Webinaris is entitled to use and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution, the right of communication to the public and the right to make the content publicly available, either in whole or in part and also in edited form, in particular by editing in form of translation.

Guarantee of ownership

The operator guarantees that he is the owner of the necessary rights for publishing content on the OP-Webinaris and that it is legally permissible for him to effectively grant Webinaris the rights mentioned in the previous paragraph (Granting rights - license).

Operator also warrants that said content is free of third-party rights that could conflict with this contractual granting of rights. Operator warrants that the use of the content in the context of this contract does not infringe any third-party personal rights, in particular that persons depicted, if any, consent to the contractual use of their image. The operator warrants Webinaris that the content of such of his websites which were created via the OP-Webinaris do not infringe any other rights of third parties, in particular that it does not infringe any copyright, competition or intellectual property rights such as in particular trademarks, designs, utility models or patent rights, and does not infringe data protection law and is not infringing criminal law.

Exemption from third-party claims

Operator exempts Webinaris of all claims by third parties upon first request, in particular of claims regarding alleged copyright infringement, infringement of competition rights and infringement of intellectual property rights such as in particular trademarks, designs, utility models, patent law, data protection and personal-rights, as well as criminally relevant actions, which are raised against Webinaris, its managing directors, shareholders and / or employees in the context of usage of the OP-Webinaris by the user.
The same applies with regard to claims due to the contractual prohibition to provide content glorifying violence or pornographic content.

The operator hereby warrants notifying Webinaris immediately in text form upon receipt of any third-party claims with regard to the use of the OP-Webinaris. Webinaris is entitled to take suitable measures to defend itself against third-party claims or to pursue its rights. The exemption also includes the refunding of reasonable costs that Webinaris incur or have incurred as a result of legal prosecution / defense, including reasonable attorney fees.

Prohibition of technical interference

The user must refrain from any activity that entails manipulating, impairing and/or overloading the operation of the OP-Webinaris or its underlying technical infrastructure and functionality / access options. These include in particular:

  • 1. the use of viruses, robots, SPAM, worms, trojans or similar in connection with the use of the OP-Webinaris;
    2.blocking, overwriting, modifying, copying data and/or other content, insofar as this is not necessary for the proper use of the OP-Webinaris.
    Liability

    (1) In case of intent or gross negligence of Webinaris or by Webinaris agents or assistants in performance Webinaris is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally Webinaris liability for damages shall be limited to the typically predictable damage.
    (2) Webinaris liability for culpable damage to life, body or health as well as Webinaris liability under the Product Liability Act shall remain unaffected.
    (3) Any liability of Webinaris not expressly provided for above shall be disclaimed.

Indemnification from server failure or technical problems

The users are aware that despite regular maintenance, server failure or technical problems can occur. Data may be lost due to server failure or technical issues. It is also possible that individual webinars cannot be held at the specified time or that other functions will not work or will only function to a limited extent. If there is an impairment due to server failure or technical problems, Webinaris is only liable for wilful intent and gross negligence.

Data protection

The scope and purpose of processing personal data is stipulated in the Webinaris privacy policy.

Applicable Law and Jurisdiction

German law applies.
The place of jurisdiction for all disputes arising from and in connection with this contract, regardless of the legal basis, is Munich, in the event that the user is a merchant or does not have a place of general jurisdiction in Germany.

Contract assignments

Webinaris is entitled to assign this contract with all rights and obligations to a company of its choice. The transfer will take effect 4 weeks after the user has been notified accordingly. If this contract is transferred to another company, the user has a extraordinary cause to terminate the contract, which must be exercised within two weeks after notification.

Severability clause

Should individual provisions of this contract proof to be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the commercial objective which the contracting parties pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract contains any gaps.

Platform for online dispute resolution

The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr
However, Webinaris is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. (OS platform or in the sense of § 36 VSBG)

Right to change

Changes to these terms and conditions by Webinaris are possible with a notice period of 4 weeks. If the Terms and Conditions change, the user has a extraordinary cause to terminate the contract, which must be exercised within two weeks after notification of the planned change. Webinaris will inform user of this right and the relevant deadline together with the notification of the respective planned change. After the right to terminate the contract for extraordinary cause has expired, the changes are deemed to have been accepted.
Language Version

The English translation is for your convenience only. In the event that English language version differs from the German language version the German language version prevails.

Date: April 2020