Terms of use

These General Terms and Conditions of Business and Use govern the use of the platform and services offered by Deutsch-Vorbereitung mit BO GmbH at deutsch-vorbereitung.com.

The offer includes in particular digital learning content for preparation for German language tests from A1 to C2, content for preparation for naturalisation tests, games, blog posts, video tutorials

as well as supporting services relating to application documents, in particular assistance with creating and revising CVs and letters of motivation.

In addition, licences may be offered for language schools, educational institutions and other business customers.

These General Terms and Conditions of Business and Use apply to all contracts between Deutsch-Vorbereitung mit BO GmbH, hereinafter the Provider, and the users of the platform deutsch-vorbereitung.com.

Users within the meaning of these terms are both consumers and business customers. A consumer is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither

to their commercial nor to their independent professional activity. A business customer is a natural or legal person or a partnership with legal capacity

that acts in the exercise of its commercial or independent professional activity when concluding the contract.

For business customers, in particular language schools, course providers, educational institutions and other commercial customers, the special provisions in section 15 apply in addition.

Conflicting or deviating general terms and conditions of the user do not become part of the contract, unless the Provider expressly agrees to their validity in text form.

The Provider makes digital content and digital services available. These may include in particular:

• learning content and practice materials for preparation for German language tests at levels A1 to C2,

• content for preparation for naturalisation tests,

• games, blog posts, video tutorials, templates and other accompanying content,

• free and paid exercises,

• content requiring registration,

• support with creating and revising CVs and letters of motivation,

• other assistance in connection with language learning and professional orientation.

The specific scope of services results from the respective service description on the platform at the time the contract is concluded.

Free content and functions may be offered without registration or after free registration.

After free registration the user receives a one-time free trial access for a period of 24 hours.

During this period the user may test the available content and functions of the respective offer without obligation.

After the free trial access has expired, content and functions can be used exclusively within the framework of a paid access.

The Provider offers paid access in particular in the following forms:

• subscriptions with automatic monthly renewal,

• time-limited access without automatic renewal (e.g. for one or several months),

• single purchases or other expressly designated access models,

• special offers for language schools, educational institutions or courses.

The type, scope, duration and range of services of the respective access may vary depending on the course, examination, certificate or product.

Likewise, the range of services may include or exclude the use of AI-supported functions (e.g. for oral exercises or writing tasks).

The respective applicable prices, durations and included services are shown to the user transparently before the respective purchase process is concluded and can be seen on the respective product page.

As part of the free registration for the application support, the user can currently create one CV and three letters of motivation. In addition, paid

packages for 10 CVs, 50 letters of motivation or a combination of 10 CVs and 50 letters of motivation may be offered.

Insofar as the Provider merely makes templates, wording aids, technical tools or linguistic support available, the Provider does not owe any particular learning, examination, application or placement success.

Insofar as the Provider offers individual support with application documents, the service is limited to linguistic, structural and editorial support, unless expressly agreed otherwise.

Registration is required for the use of certain content.

The user is obliged to provide complete and accurate information during registration and to keep it up to date.

As a rule, only one user account is permitted per natural person, unless the Provider expressly authorises other use.

The user account is in principle tied to a person and cannot be transferred to third parties. By way of exception, private shared use by family members in the same household is permitted.

A user account may be used on a maximum of three devices. Simultaneous use of the account on several devices or by several persons is not permitted.

In the event of concrete indications of impermissible multiple use, the Provider is entitled to block access provisionally and to request the user to comment.

If the violation is confirmed or if the user, after a reasonable deadline has expired, does not provide a statement that dispels the accusation,

the Provider is entitled to extraordinary termination for good cause.

The user must keep their access data secret and protect it from access by unauthorised third parties.

The user is obliged to inform the Provider without delay if there are indications that a user account has been used without authorisation or that access data has been lost.

The Provider may refuse registrations, provided that no mandatory statutory requirements conflict with this.

The user can register via their user account for various information newsletters of the Provider. Registration is voluntary.

Cancellation is possible at any time via the user account or via the cancellation link contained in the respective emails, with effect for the future.

Insofar as paid contracts are to be concluded with minors, this requires the necessary consent of the legal guardians. The Provider is entitled to demand suitable proof.

The presentation of the services on the platform does not yet constitute a binding offer, but an invitation to the user to submit an offer.

For free services requiring registration, the contract is concluded upon completion of registration and activation of the user account.

For paid services, the user submits a binding offer upon completion of the ordering process. The contract is concluded as soon as the Provider confirms the order or activates access to the booked service.

The text of the contract is stored by the Provider within the framework of the statutory requirements. Details on the accessibility of the contract text, on the technical steps of concluding the contract,

on correction options and on the available contract languages result from the pre-contractual information on the platform.

The Provider may make certain content and functions available in whole or in part free of charge.

After free registration the user receives a one-time free trial access for a period of 24 hours. During this period the content and functions activated for the trial access can be used without restriction.

After the free trial access has expired, the acquisition of a corresponding access is required for the further use of paid content and functions.

The Provider is entitled to change, restrict or discontinue the scope, structure and availability of the free content and the free trial access for the future, provided that no existing paid contractual obligations are thereby violated.

The free registration and the free trial access do not establish any claim to a permanent free provision of certain content or functions.

For paid services, the prices shown on the respective product page or in the ordering process at the time the contract is concluded apply.

Unless stated otherwise, prices towards consumers are understood to include statutory value added tax and towards business customers plus statutory value added tax.

The Provider offers paid services in particular in the form of subscriptions with automatic renewal, time-limited access without automatic renewal, single purchases and other expressly designated service models.

The type, scope, duration and price of the respective service may depend in particular on:

• the respective course, the examination, the certificate or the product offered,

• the chosen duration of access,

• the chosen access model (e.g. subscription or time-limited access),

• the included scope of services, in particular the inclusion or exclusion of AI-supported functions (e.g. for writing or speaking exercises).

The respective included services, the duration, any automatic renewal and the total price are shown to the user transparently before the ordering process is concluded.

The remuneration is due upon conclusion of the contract, unless otherwise specified in the service description, the invoice or the ordering process.

The payment methods available for the respective product are shown to the user in the ordering process.

For subscriptions or term-bound access, the duration, billing period, automatic renewal, notice periods and other contractual conditions result from the respective product description and the ordering process.

The Provider reserves the right to make price changes for existing continuing obligations, provided that there is an objective reason for this, in particular due to changes in statutory charges, taxes or significant cost increases in technical or economic operation. Towards consumers, price changes apply exclusively to future billing periods. Price changes are announced at least 30 days before they take effect.

If the user falls into default of payment, the statutory provisions apply.

Statutory rights of the user, in particular statutory rights of withdrawal and rights in respect of defects, remain unaffected by the above provisions.

The Provider grants the user, for the duration of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use the provided content and functions to the extent provided for in the contract for their own private learning purposes.

Any use of the content beyond the contractually intended purpose is prohibited. In particular, the following are impermissible:

• the systematic copying, downloading, archiving or redistribution of content,

• making content publicly accessible, presenting it or providing it to third parties,

• use for commercial purposes without express agreement,

• use in teaching or course situations without a separate licence,

• the use of bots, scripts, scraping tools or other automated access,

• the attempt to circumvent technical protection measures.

Mandatory statutory rights, in particular under copyright law, remain unaffected.

The user may use the platform only within the framework of applicable laws and these terms.

The user is obliged to provide only such content, documents and information that they are entitled to use, process and transmit.

Insofar as the user uploads or transmits CVs, references, certificates, cover letters or other documents for the application support, they warrant that the information contained therein is accurate and that no rights of third parties are violated.

It is prohibited to transmit or make accessible unlawful, insulting, discriminatory, pornographic, violence-glorifying, incendiary, misleading or otherwise impermissible content.

The user may not use the platform in a way that impairs the functionality, security or availability of the platform.

The Provider does not owe any success in applications, any invitation to job interviews, any conclusion of a contract with employers and any placement in a job.

The Provider does not guarantee that the wordings proposed by it are complete in content, legally required or conclusively suitable for the individual case.

The user remains solely responsible for the factual accuracy and completeness of their application documents.

All content provided on the platform, in particular texts, exercises, videos, graphics, games, templates, structures, databases and software components, is protected by copyright or otherwise legally protected.

All rights to this content remain with the Provider or the respective rights holders.

The user receives only the rights of use expressly granted in these terms.

Any editing, reproduction, distribution or public communication outside the statutory limits or the contractually granted use is impermissible.

Insofar as the user transmits documents or content to the Provider, in particular within the framework of the application support, the rights thereto remain with the user.

The user grants the Provider a simple, non-exclusive right, limited to the performance of the contract, to store, process, technically edit and use these documents and content, insofar as this is necessary for the provision of the services owed under the contract.

Any use beyond this takes place only if there is a separate legal basis for this or the user has expressly consented.

The Provider endeavours to ensure a high availability of the platform. However, there is no claim to uninterrupted availability.

The Provider is entitled to restrict the platform temporarily in whole or in part for technical, security-related, legal or operational reasons, if this is necessary taking into account the interests of the users.

For paid contracts on digital products provided on a permanent or recurring basis, the Provider may make changes to the digital products if

• there is a valid reason for this,

• the user incurs no additional costs as a result,

• the user is informed clearly and comprehensibly about the change and

• mandatory statutory rights of the user, in particular in the case of not merely insignificant impairment, remain unaffected.

In the event of concrete indications of a violation of these terms, in particular in the case of impermissible multiple use, passing on of access data, circumvention of technical protection measures or default of payment, the Provider may, at its dutiful discretion, provisionally block individual functions.

If a significant or repeated violation is confirmed after a reasonable deadline has expired, the Provider is entitled to terminate the contract extraordinarily and to block the user account.

Contracts on free services requiring registration run for an indefinite period and can be terminated by both parties at any time in text form or via the functions provided for this purpose, unless otherwise agreed in the individual case.

For paid subscriptions, the agreed duration is automatically extended by the respective agreed billing period, unless the subscription is terminated in due time. The respective applicable durations, notice periods and renewal conditions are shown to the user before the conclusion of the contract in the ordering process.

For time-limited access without automatic renewal, the right of use ends automatically upon expiry of the booked duration, without the need for termination.

For one-time purchases or other services limited in time or content, the contractual relationship ends upon full provision of the respective service or upon expiry of the agreed period of use, unless otherwise specified in the ordering process.

The right to extraordinary termination for good cause remains unaffected.

Good cause exists for the Provider in particular if the user

• significantly violates these terms of use despite a warning or the setting of a deadline,

• impermissibly passes on access data to third parties,

• uses the platform abusively or unlawfully,

• falls into default with due payments.

Statutory rights of the users, in particular the statutory rights of termination, withdrawal and warranty as well as rights under the provisions on digital products, remain unaffected.

For consumers, the statutory rights in respect of defects apply.

Insofar as digital products are the subject of a consumer contract, the statutory provisions on consumer contracts for digital products apply in addition.

Towards business customers, the statutory provisions apply to defects, with the proviso that the Provider may first provide subsequent performance at its choice.

Obvious defects and malfunctions should be reported to the Provider without delay so that an examination and remedy can take place. The statutory rights of the user remain unaffected.

The Provider is liable without limitation in the case of intent and gross negligence.

The Provider is liable without limitation for damages arising from injury to life, body or health.

In the case of slightly negligent violation of an essential contractual obligation, the Provider is liable, in terms of amount, limited to the damage typical for the contract and foreseeable. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely.

Otherwise, the liability of the Provider in the case of slight negligence is excluded.

Liability under the Product Liability Act as well as liability arising from assumed guarantees remain unaffected.

Insofar as the liability of the Provider is excluded or limited, this also applies in favour of its legal representatives, employees and vicarious agents.

The above liability provisions do not apply to claims of the user due to defects, insofar as something else is mandatorily provided for by law.

Consumers have a right of withdrawal if the statutory conditions are met.

The details result from the separate withdrawal instructions, which are made available to the consumer upon conclusion of the contract.

Insofar as contracts on digital content or digital services are concerned, a separate express consent or confirmation of the consumer in accordance with the statutory provisions is required for an early expiry of the right of withdrawal. This consent is not replaced by the acceptance of these General Terms and Conditions alone.

Insofar as the Provider is to perform services before the expiry of the withdrawal period, the Provider may require an express request from the consumer.

Contract-related communications, in particular registration confirmations, notices on bookings, payment information, security notifications or service-related information, may be sent by the Provider to the email address provided by the user to the extent necessary for the performance of the contract.

Promotional communication by email, telephone, messenger services or the passing on of data to third parties for advertising or placement purposes takes place only if there is a valid consent of the user for this.

A consent granted in the individual case may be withdrawn by the user at any time with effect for the future.

This section applies in addition if the contractual partner is a business customer and obtains services for language schools, educational institutions, course providers, employers or other institutions.

The Provider currently offers in particular the following tariffs for language schools and courses:

• Tariff Small School for 149 euros per month. According to the service description, this tariff is intended for small language schools and courses as well as for teachers with several groups. According to the current description, it includes up to approx. 30 learners in total per school or course, the use of the platform in all teaching units, unlimited access to tasks and tests during lessons as well as all updates.
• Tariff Medium & Large School for 199 euros per month. According to the service description, this tariff is intended for schools with many groups and intensive examination preparation programmes. According to the current description, it includes any number of groups within the school or course, unrestricted use in lessons, prioritised support as well as all updates.

The number of learners in the tariff Small School serves as a guide value. If a school has a special format or comprises several locations, the appropriate model is determined after individual coordination.

The scope of the business licence, in particular the number of authorised users, duration, area of application, technical access options and remuneration, otherwise results from the respective offer or the individual agreement.

The school licence is tied exclusively to the teacher. It may be used only by the respective teacher or the contractually named teachers in lessons. Use on the devices of pupils or course participants is impermissible. In particular, pupils or course participants may not receive their own logins and may not access the platform on their own devices using the teacher access, unless expressly agreed otherwise.

Within the framework of the school licence, it is permissible for the teacher to present content in lessons and to work on it with the learning group, in particular via screen, projector or comparable forms of presentation. However, the licence does not entitle the teacher to provide pupils or course participants with individual or direct device access to the platform.

A normal single subscription is intended exclusively for a single person and does not cover use for entire classes or groups. For teaching with groups, a school licence is required.

Without express agreement, the business customer is not entitled to

• pass on access to more persons than contractually agreed,

• leave access data to pupils, course participants or other third parties,

• enable pupils or course participants to use the platform on their devices,

• set up collective access, insofar as this is not covered by the agreed licence model,

• make content accessible outside the agreed group of users,

• grant sublicences.

The business customer must ensure that use takes place exclusively by the contractually agreed group of persons and must take suitable organisational measures against unauthorised use by pupils, course participants or other third parties.

In the event of a violation of the above provisions, the Provider is entitled to block affected access provisionally after prior notification. The business customer is given the opportunity to comment and to remedy the contractual violation without delay within a reasonable period.

If the violation is not remedied in due time or if it is a significant or repeated violation, the Provider is entitled to terminate the contract extraordinarily for good cause, to block access permanently and to charge additionally for further use that has actually taken place in accordance with the respective applicable licence model. The assertion of further damages remains reserved.

The household use regulated in section 7 does not apply to business licences.

Towards business customers, the Provider is entitled to make the provision of services dependent on timely payment.

Towards business customers, the place of jurisdiction, insofar as legally permissible, is the registered office of the Provider.

The Provider may offer registered users participation in a partner programme. Participation in the partner programme requires a separate activation by the Provider. There is no claim to admission to the partner programme.

Participants in the partner programme receive an individual promo code or an individual referral link. This may be used exclusively to advertise the Provider’s platform in their own name and within the framework of applicable laws and these terms.

Users who use the promo code or referral link of a partner may receive the benefits respectively determined by the Provider, in particular a discount on subscriptions or other paid access. The type and amount of the respective benefit result from the description of the partner programme applicable at the time of use.

The partner receives remuneration for effectively placed orders actually paid by the referred user in accordance with the respective applicable conditions of the partner programme. In particular, no remuneration is owed for own transactions, abusive multiple registrations, cancellations, chargebacks, refunds or other payments not definitively carried out.

The partner is prohibited from using the promo code or referral link in a misleading, unlawful or harassing manner. In particular, the following are impermissible: advertising by spam, untrue statements about the platform or its services, the use of third-party marks without authorisation as well as any form of abusive self-referral.

The Provider is entitled to refuse, restrict or terminate participation in the partner programme for objective reasons. An objective reason exists in particular in the case of violations of these terms, abusive use of the promo code or referral link, incorrect information from the partner or justified doubts about the lawfulness of the advertising measures.

In the event of violations of the conditions of the partner programme, the Provider is entitled to deactivate the promo code or referral link provisionally, to withhold outstanding remuneration, to cancel remuneration already credited but not yet paid out and to terminate participation in the partner programme extraordinarily. Further statutory claims of the Provider remain unaffected.

The Provider may change the conditions of the partner programme with effect for the future, provided that there is an objective reason for this, in particular in the case of changes to the business model, the technical processes, the remuneration structure or the legal framework. The partner is informed of significant changes in due time in text form or via their user account. If the partner does not agree with a significant change, they may terminate their participation in the partner programme with effect from the time the change takes effect.

Upon termination of participation in the partner programme, the right to use the promo code or referral link ends. From this point in time, no more advertising measures may be carried out using the promo code or referral link.

The Provider does not participate in a dispute resolution procedure before a consumer arbitration board.

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as the protection of mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn.

Should individual provisions of these General Terms and Conditions of Business and Use be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

Amendments and additions to the contract require at least text form, unless a stricter form is prescribed by law.