Software & licenses

These terms apply to the acquisition of software licenses, usage packages („credits") and the use of the online services provided via BRAIN-HR (including Evidence Check, Constructive Alignment, Instructional-Design Check, Thinking Tools, PEF, Studyviewer, studies, SNP Browser / GeneScan). Separate terms apply to seminars, programs and consulting services.

§ 1 Scope, provider

(1) The provider is Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg.

(2) The offerings are directed at businesses (§ 14 BGB) and consumers (§ 13 BGB). Deviations in favour of consumers are marked.

§ 2 Subject of the service and contract models

(1) Depending on the product, the Provider grants the use of a piece of software or an online service

• for a fixed period (e.g. „1 year"),
• permanently („lifetime") in the sense of an unlimited grant of use of the program versions acquired, or
• on a usage basis via a package (credits/runs).

(2) The number of workstations (seats) that can be used simultaneously and the specific range of functions result from the respective product description.

(3) The description of the service on the product page at the time the contract is concluded is decisive for the nature and scope.

§ 3 Conclusion of contract, provision, license code

(1) The product presentation is not a binding offer. With the order, the customer makes a binding offer; the contract is concluded upon the order confirmation in text form.

(2) Access is provided after receipt of payment or order confirmation by delivering a license code or by activation. The license code must be treated as confidential.

§ 4 Prices and payment

(1) The prices stated at the time of order apply, net plus statutory VAT.

(2) Payment is made by invoice or via PayPal. Invoices are due within 14 days without deduction, unless otherwise agreed.

§ 5 Rights of use

(1) Upon full payment, the customer receives a simple, non-exclusive and non-transferable right to use the product to the agreed extent (seats, term, package).

(2) Credits/runs do not expire; they are tied to the respective product and are used up with countable use.

(3) Use beyond the agreed scope, in particular sharing, sub-licensing, reproduction or making publicly available, is not permitted without the Provider's prior written consent. For group/enterprise licenses, the agreed number of seats is the maximum limit of parallel use.

§ 6 Availability, maintenance, further development

(1) The Provider provides the online services to the best of its ability but does not owe any particular or uninterrupted availability. An availability guarantee (SLA) is only agreed insofar as expressly promised in writing.

(2) Maintenance, updating and backup work as well as disruptions outside the Provider's control (e.g. force majeure, third-party outages) may temporarily restrict availability. The Provider endeavours to announce plannable work and to keep it short.

(3) The Provider is entitled to further develop and adapt the services, insofar as the agreed core range of functions is retained.

§ 7 Customer's obligations

(1) The customer uses the services only within the framework of applicable law and these terms. They ensure that content and data they introduce are free of third-party rights and do not constitute any legal violations.

(2) The customer keeps access data and license codes secret and backs up data they generate on their own responsibility, unless otherwise agreed.

§ 8 Data processing, processing on behalf

(1) If, within an online service, the Provider processes personal data on behalf of the customer (for example in survey and analysis tools into which the customer introduces data of respondents or third parties), the parties conclude a data-processing agreement under Art. 28 DSGVO. A corresponding agreement is provided on request.

(2) Processing takes place on servers in Germany. Details are governed by the privacy policy and the data-processing agreement.

§ 9 Warranty

(1) The statutory provisions on the provision of digital products apply. The Provider warrants that the products substantially conform to the description of the service at provision and during the agreed term.

(2) In the event of defects, the Provider provides subsequent performance within a reasonable period (remedying the defect or providing a defect-free version). Insignificant deviations do not give rise to claims for defects.

§ 10 Right of withdrawal for consumers (digital content)

(1) Consumers generally have a 14-day right of withdrawal (instructions in the appendix).

(2) In the case of the provision of digital content that is not supplied on a physical medium (licenses, credits, online access), expires the right of withdrawal expires when the Provider has begun performance after the consumer has expressly consented to performance beginning before the withdrawal period expires and has confirmed their knowledge that they thereby lose their right of withdrawal (§ 356(5) BGB). This consent is obtained during the order process.

§ 11 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

(2) In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical of the contract. For the loss of data, the Provider is liable only to the extent that the damage would have occurred even with proper and regular data backup by the customer.

(3) Otherwise, liability is excluded. Liability under the Product Liability Act remains unaffected.

§ 12 Final provisions

(1) German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods; for consumers only insofar as mandatory consumer-protection provisions are not restricted.

(2) If the customer is a business, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

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Appendix: withdrawal instructions for consumers

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The period is fourteen days from the conclusion of the contract. To exercise it, inform us (Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, fh@brain-hr.com) by means of a clear statement. Sending in good time is sufficient.

Expiry. For digital content, the right of withdrawal expires early under the conditions stated in § 10(2).

Consequences. In the event of an effective withdrawal, we refund payments received without delay, at the latest within fourteen days from receipt of the withdrawal.

Sample withdrawal form: To Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, fh@brain-hr.com — I/we hereby withdraw from the contract for the following product … — ordered on … — name … — address … — date, signature (only on paper).