Terms and Conditions – Consulting, Coaching and Training
Version: 9 September 2026
Part A – General B2B Terms and Conditions
§ 1 Provider and Scope
(1) The provider and contractual party is:
kurt creative S.L.
Calle Princesa 31
Planta 2, Puerta 2
28008 Madrid
Spain
Represented by its Sole Administrator (Administrador único): Kurt Woischytzky
NIF: B25876384
VAT identification number: ESB25876384
Email: office@kurtcreative.com
(2) These General B2B Terms and Conditions apply to all contracts between kurt creative S.L. – hereinafter referred to as the “Provider” – and its business customers – hereinafter referred to as the “Customer” – unless expressly agreed otherwise.
(3) The Provider’s services are exclusively intended for natural or legal persons entering into the relevant contract for purposes relating to their trade, business, self-employed activity or other professional activity.
(4) Services may also be provided to natural persons who purchase them exclusively in preparation for a specifically planned self-employed or entrepreneurial activity. By entering into the contract, the Customer confirms that the relevant service is purchased exclusively for such professional or business purposes.
(5) The Provider does not enter into contracts with consumers. Mandatory statutory provisions remain unaffected if, contrary to their declaration, a person is in fact acting predominantly for private purposes.
(6) Any deviating or conflicting terms and conditions of the Customer shall not become part of the contract unless the Provider has expressly agreed to their application. Performance of services without reservation shall not constitute acceptance of such terms.
§ 2 Contractual Documents, Special Terms and Order of Precedence
(1) Additional special contractual terms apply to individual areas of business, in particular productions, consulting and training, and Software-as-a-Service and other digital services.
(2) Where a contract includes services from several areas of business, the respective special terms shall apply alongside one another to the relevant part of the services.
(3) In the event of any conflict between contractual documents, the following order of precedence shall apply:
- individually negotiated and expressly agreed contractual provisions,
- the individual proposal or order confirmation, including the specific description of services,
- the special contractual terms applicable to the relevant area of business,
- these General B2B Terms and Conditions.
(4) Individual descriptions of services shall take precedence over general product or service descriptions on websites, in presentations, brochures or other informational materials.
(5) These Terms and the respective applicable special terms shall be made available to the Customer before conclusion of the contract. In the case of electronic contracting, they shall be provided in a form that allows the Customer to save and reproduce them.
(6) As a rule, the version of the Terms made available to and accepted by the Customer at the time the relevant contract is concluded shall form part of that contract.
§ 3 Offers and Conclusion of Contract
(1) Offers, price information and descriptions of services on websites, in presentations, on social networks or in other general informational media of the Provider are generally non-binding and constitute an invitation to the Customer to submit an offer, unless expressly identified as a binding offer.
(2) In the case of individually prepared proposals, the contract is concluded when the proposal is accepted within the period of validity specified therein. Acceptance may in particular take place by signature, electronic confirmation or email.
(3) In an electronic ordering process, the Customer submits a binding contractual offer by clicking the appropriately labelled order button, unless the ordering process expressly provides that the contract is concluded immediately upon completion of the order.
(4) The Provider may accept a contractual offer in particular by expressly confirming the order, activating a booked digital service, commencing the expressly commissioned service or making another clear declaration of acceptance.
(5) An automated acknowledgement of receipt generally confirms only receipt of the order. It shall constitute acceptance of the contract only where this is made clear in the acknowledgement.
(6) Before accepting an order, the Provider may request reasonable information necessary to verify the Customer’s identity, business status, creditworthiness, project requirements or the legal or technical feasibility of the service.
§ 4 Scope of Services
(1) The nature and scope of the services owed are determined primarily by the individual proposal, the order confirmation, the agreed description of services and the applicable special contractual terms.
(2) The Provider owes only those services, work steps, functions, deliverables, usage rights, access rights or other results that have been expressly agreed or are objectively necessary for the expressly agreed service.
(3) Additional services, changes or extensions exceeding the agreed scope shall be charged separately.
(4) Unless a specific result has been expressly agreed, the Provider owes professional performance of the agreed service but does not guarantee any particular commercial, editorial or other business outcome.
In particular, unless expressly agreed, no specific revenue, profit, reach, number of views or downloads, ranking, leads, conversion rates, platform approvals, search-engine positions or comparable results are guaranteed.
§ 5 Prices, Taxes and Invoicing
(1) Unless expressly stated otherwise, all prices quoted to Customers are net prices.
(2) Where Spanish VAT (IVA), another form of VAT or a comparable statutory levy applies, it shall be added at the applicable statutory rate.
(3) Where the reverse-charge mechanism, a tax exemption or another VAT treatment applies to a cross-border service, invoicing shall be carried out in accordance with the applicable tax rules.
(4) The Customer must provide all business, address, tax and VAT information necessary for correct invoicing fully and accurately and must promptly notify the Provider of any changes.
(5) Costs of external service providers, licences, media, travel, accommodation, platforms, APIs or other third-party services are included in the agreed remuneration only where expressly agreed.
(6) Invoices may be issued electronically unless mandatory law requires otherwise.
§ 6 Payment Terms and Late Payment
(1) Unless another permissible payment period is stated in the individual proposal, contract or invoice, invoices are payable in full within 14 calendar days of receipt.
(2) The Provider may require reasonable advance payments, deposits, instalments or full prepayment where provided for in the proposal, ordering process or special contractual terms.
(3) For ongoing or recurring services, recurring advance payment or automatic charging of the agreed payment method may be agreed.
(4) In the event of late payment, the applicable statutory B2B late-payment rules shall apply, including statutory default interest and legally prescribed recovery costs.
(5) If the Customer is in material default with a due payment, the Provider may, following reasonable prior notice, suspend further performance until payment has been made in full, to the extent appropriate in view of the nature and circumstances of the contract.
(6) Any justified suspension shall extend agreed performance periods accordingly. Claims for remuneration for services already performed remain unaffected.
(7) To the extent permitted by law, the Customer may set off claims against the Provider only against due counterclaims that have been acknowledged by the Provider, are undisputed or have been finally adjudicated.
§ 7 Customer Cooperation Obligations
(1) The Customer shall perform all acts of cooperation necessary for proper performance of the services in a timely and complete manner.
These may include in particular the provision of information, briefings, files and other materials, necessary approvals, decisions, accounts, APIs, interfaces, authentication, feedback and contact persons.
(2) The Customer is responsible for the accuracy, completeness and currency of the information it provides, unless verification of such information is expressly included in the scope of the engagement.
(3) Performance periods shall commence only once all necessary cooperation has been provided.
(4) If performance is delayed due to late or incomplete cooperation by the Customer, performance periods shall be extended at least by the duration of the resulting delay. The Provider is not required to reserve originally scheduled capacity indefinitely.
(5) Additional work resulting from a delay attributable to the Customer, including renewed familiarisation or technical adjustment, may be charged separately.
§ 8 Employees, Subcontractors and Third-Party Providers
(1) The Provider may use employees, freelancers, affiliated companies and suitably qualified subcontractors and service providers to perform the services.
(2) Where such persons obtain access to confidential information, the Provider shall ensure appropriate confidentiality obligations.
(3) Where personal data is processed on behalf of the Customer, applicable data-protection law and, where relevant, a data processing agreement shall apply.
(4) Certain services may depend on independent platforms, APIs, hosting providers, AI models or other third-party services.
(5) Where the contract for a third-party service exists directly between the Customer and the third party, the Provider is not a party to that third-party contract and is not responsible for independent decisions, changes, prices or outages of the third party.
(6) Liability for the Provider’s own culpable conduct remains unaffected.
§ 9 Confidentiality
(1) Each party shall keep confidential all confidential information of the other party that becomes known to it in connection with the cooperation and shall use such information solely for the purposes of performing the contract.
(2) Confidential information includes in particular non-public business and operational information, strategies, concepts, calculations, technical documentation, access credentials, internal processes, customer information, unpublished content and production materials.
(3) Information is not confidential where it was already lawfully public, becomes public without a breach of confidentiality, was already lawfully known to the receiving party, was lawfully disclosed by an authorised third party or was independently developed.
(4) Disclosure to employees, subcontractors and advisers is permitted where they require the information for performance of the contract and are subject to appropriate confidentiality obligations.
(5) Disclosures required by law or public authority remain permitted.
(6) The confidentiality obligation shall continue for five years after termination of the contract. Trade secrets shall remain protected beyond that period for as long as they qualify for statutory protection.
§ 10 Intellectual Property and Pre-Existing Rights
(1) Each party retains all rights to materials, trademarks, content, software components, methods, concepts, technologies, templates, processes and know-how that belonged to it before commencement of the contract or were developed independently of the contract.
(2) Rights in specific work products are governed by the individual contract and the special contractual terms.
(3) The Customer grants the Provider the non-exclusive rights necessary for contractual performance to use, reproduce, technically process, edit, store and transmit the content supplied by the Customer.
(4) The Customer warrants that it is entitled to grant those rights.
(5) Where the Provider creates individual work products, any agreed grant of rights shall generally take effect only upon full payment of the remuneration owed for the relevant work product.
(6) Pre-existing tools, templates, libraries, production methods, software, automations, workflows, prompts, internal systems and technical know-how shall not be transferred merely because they are used in performing the services.
§ 11 Lawfulness of Customer Instructions and Content
(1) The Customer may not request unlawful services or supply materials, content, data or instructions whose contractual processing would violate applicable law or third-party rights.
(2) This includes in particular copyright, trademark, personality, data-protection and other intellectual-property rights as well as statutory and sanctions-related restrictions.
(3) Where there are reasonable indications of unlawfulness, the Provider may suspend the relevant activity pending clarification or refuse to perform it.
(4) In the event of a material legal or contractual breach attributable to the Customer, the affected contract may be terminated for cause.
§ 12 Performance Periods and Force Majeure
(1) Dates shall constitute binding fixed deadlines only where expressly agreed as such. Other time indications are planning or target dates.
(2) Performance periods are conditional upon timely fulfilment of required cooperation obligations and any agreed advance payments.
(3) Where a party is unable to perform, or can perform only with material delay, due to an event outside its reasonable control that could not have been prevented despite appropriate precautions, it shall not be liable for the delay directly caused by that event.
(4) Such events may include natural disasters, war, terrorism, serious civil unrest, governmental measures, general strikes, pandemics, widespread failures of energy, telecommunications or internet infrastructure and serious external cyberattacks despite reasonable protective measures.
(5) The affected party shall inform the other party without undue delay where possible and take reasonable measures to mitigate the effects.
(6) Affected obligations and deadlines shall be suspended or extended for the duration and extent of the disruption.
(7) If such an event continues for more than 60 consecutive days and materially renders performance unreasonable, either party may terminate the unperformed part of the contract. Services properly rendered and non-cancellable third-party expenses shall remain payable.
§ 13 Term, Suspension and Termination
(1) Contract term, ordinary termination rights, renewals and special cancellation rules are determined by the individual contract or the special terms.
(2) Either party’s right to terminate for cause remains unaffected.
(3) Cause may in particular exist where a material contractual obligation is not fulfilled despite reasonable notice and an opportunity to remedy.
(4) No prior cure period is required where the breach cannot be remedied, continuation of the contract would objectively be unreasonable or immediate action is required for legal or security reasons.
(5) Cause may in particular include material payment default, repeated failure to provide required cooperation, unlawful use, serious infringement of third-party rights, security-threatening use, deception regarding material contractual information, or serious threats or harassment directed at employees or agents.
§ 14 Liability
(1) The parties shall be liable in accordance with applicable law unless these Terms permissibly provide otherwise.
(2) The Provider’s liability is unlimited in cases of wilful misconduct, gross negligence, culpable injury to life, body or health, and in all other cases where liability cannot legally be excluded or limited.
(3) In cases of ordinary negligence, the Provider shall be liable only for direct losses that were reasonably foreseeable at the time of contracting and resulted from breach of material contractual obligations.
(4) To the extent permitted by law, liability for ordinary negligence shall be limited:
- for an individual project or one-off service, to the net remuneration agreed for the specifically affected contract;
- for an ongoing contractual relationship, to the net remuneration paid or payable for the affected service during the twelve months preceding the event giving rise to liability; where the contract has existed for less than twelve months, to the remuneration paid or payable up to that date.
(5) To the extent permitted by law and except in the cases referred to in paragraph (2), the Provider shall not be liable for indirect or consequential losses, loss of profit, lost savings, lost business opportunities or purely reputational losses.
(6) The Provider shall not be liable for disruptions caused exclusively by circumstances within the Customer’s sphere of responsibility.
(7) The Provider shall be liable for outages or changes of independent third-party platforms only where its own culpable breach caused the loss.
(8) These limitations shall apply correspondingly in favour of the Provider’s legal representatives, employees, freelancers and subcontractors.
§ 15 Data Protection
(1) Personal data shall be processed in accordance with the GDPR, applicable Spanish data-protection law and the Provider’s Privacy Policy.
(2) The Customer is responsible for ensuring that personal data supplied to the Provider or processed at the Customer’s instruction may lawfully be processed.
(3) Where the Provider processes personal data solely on behalf of the Customer and Article 28 GDPR applies, an appropriate data processing agreement shall apply.
(4) Account, contract, billing, security and comparable business data processed for the Provider’s own purposes shall be processed by the Provider in its own capacity as controller.
§ 16 Notices and Contract Amendments
(1) Contractually relevant notices may generally be made in text form, in particular by email or through an electronic system provided for that purpose, unless mandatory law requires a stricter form.
(2) Notices of termination, withdrawal and other material declarations should be made in text form for evidentiary purposes.
(3) Individually negotiated agreements take precedence over these Terms.
(4) Amendments to these General Terms shall apply to future contracts. They apply to existing continuing contracts only where validly agreed.
§ 17 Governing Law, Disputes and Jurisdiction
(1) The contractual relationship shall be governed by Spanish law to the extent such choice of law is legally permissible.
(2) No mandatory mediation or mandatory arbitration is agreed.
(3) Where mandatory Spanish procedural law requires prior out-of-court negotiations or another appropriate procedure as a condition for bringing court proceedings, the parties shall carry out such procedure only to the extent required by law.
(4) For cross-border B2B contractual relationships, the courts of Madrid, Spain, shall have exclusive jurisdiction to the extent such jurisdiction agreement may validly be made.
(5) Where a pre-formulated jurisdiction clause is ineffective under mandatory law, statutory rules on jurisdiction shall apply.
(6) Mandatory statutory jurisdiction and the right to seek interim or protective judicial measures remain unaffected.
§ 18 Contract Language
(1) The contract language shall generally be the language in which the individual proposal or order is concluded.
(2) Where several language versions exist, the version made available to and accepted by the Customer as the contractual basis at the time of contracting shall generally be authoritative.
§ 19 Final Provisions
(1) If individual provisions are invalid, unenforceable or not effectively incorporated, the remaining provisions shall generally remain effective to the extent the contract can reasonably continue without the affected provision.
(2) An ineffective provision shall not automatically be replaced by a substitute provision unilaterally determined by the Provider. Where necessary, the applicable statutory provisions shall apply.
Part B – Special Terms for Consulting, Coaching and Training
§ 20 Scope
(1) These Special Terms apply in particular to individual consulting and coaching sessions, strategy and concept consulting, live online workshops, webinars, in-person workshops, self-study courses, digital learning materials, AI-assisted consulting services and automatically generated analyses and learning content.
(2) Technical SaaS components of a learning or consulting service offered within software are additionally subject to the Special Terms for Software, SaaS, AI and Hosting.
§ 21 Types of Services
(1) “Individual Consulting” means personal consulting provided to a Customer or agreed participants by a consultant of the Provider, in particular by video or audio call.
(2) “Live Online Workshop or Webinar” means an online event held at a defined time.
(3) “Self-Study Course or Online Workshop” means a digital learning product that can generally be used flexibly as to time.
(4) “AI-Assisted Consulting” means a function in which individual content, analyses, answers, recommendations or learning paths are generated partly or entirely by AI or automated systems.
§ 22 Content and Scope
(1) The specific scope is determined by the relevant description of services.
(2) Material components expressly promised there are binding.
(3) Individual consulting, personal support, production services, research or technical setup not expressly agreed are not automatically part of a digital course.
(4) Individual consulting hours or other personal services exist only to the extent expressly agreed.
§ 23 Individual Consulting
(1) Individual consulting may in particular concern strategy, concepts, formats, processes, content, podcasts, video, YouTube, marketing and communications measures.
(2) It is based on information provided by the Customer, agreed objectives, information available at the time of the consultation and, where applicable, research and AI-assisted tools.
(3) The Provider owes professional consulting but not a particular commercial outcome.
(4) Recommendations are intended to support business decision-making. The Customer decides whether and how to implement them.
(5) The Customer remains responsible for the final commercial, factual, legal, tax and other professional review of its decisions.
(6) The services do not constitute legal, tax, investment, medical or other regulated professional advice unless such advice has been expressly and lawfully agreed.
§ 24 Consulting Appointments
(1) Individual appointments are arranged directly or through a booking system.
(2) The Customer shall ensure the required technical conditions and join the appointment on time.
(3) Unless otherwise agreed, an appointment may be rescheduled free of charge up to 48 hours before its scheduled start.
(4) In the event of later cancellation or non-attendance, the remuneration for the reserved appointment may remain payable, taking account of saved expenses and actual alternative use of the reserved time.
(5) In the event of late arrival, the Customer generally has no right to an extension beyond the originally agreed end time.
(6) If an appointment cannot take place for a reason attributable to the Provider, a replacement appointment shall be offered or the cancelled service shall be refunded.
§ 25 Live Online Workshops and Events
(1) The Provider owes the material content agreed for the scheduled event.
(2) Content, sequence, examples or format may be adjusted for professional, educational, technical or currency-related reasons, provided the nature and economic value of the booked service are not materially impaired.
(3) A speaker may be replaced for an objective reason by a suitably qualified replacement unless personal performance by that specific speaker was a material element of the contract.
(4) Where an event must be cancelled or postponed, the Provider may offer an appropriate replacement date. Where this is objectively unreasonable or no replacement is offered, the remuneration attributable to the cancelled service shall be refunded.
§ 26 Digital Self-Study Products
(1) Digital products may include videos, audio content, text, presentations, checklists, worksheets, templates, exercises and automated learning modules.
(2) The Provider may continuously update, replace, restructure or technically re-deliver content where objectively justified for professional, educational or technical reasons or due to changes to external platforms.
(3) The material economic character of the purchased product shall not be materially reduced without objective reason during the guaranteed minimum access period.
§ 27 Access Period for Digital Learning Products
(1) For a separately purchased digital self-study product or online workshop, unless a longer period is expressly agreed, the Customer shall receive access for as long as the relevant product continues to be made available by the Provider, but for at least two years from the date access is first provided.
(2) There is no entitlement to lifetime or unlimited access.
(3) After expiry of the two-year minimum access period, the product may in particular be discontinued, technically migrated or combined with a successor product.
(4) If a separately purchased product must be permanently discontinued before expiry of the minimum period for a serious legal or security-related reason, the Provider shall, where reasonably possible, provide access to a substantially comparable replacement product or issue a reasonable pro-rata refund for the remaining unprovided minimum period.
(5) Downloadable materials may continue to be used after portal access ends in accordance with the rights granted.
(6) The two-year minimum access period does not apply to learning, consulting or e-learning functions that merely form part of an ongoing Software-as-a-Service subscription. Such functions are generally available only for the duration of the relevant software subscription unless a different minimum period has been expressly promised in the specific offer.
§ 28 Currency of Content
(1) The Provider endeavours to review consulting and learning content regularly and update it in the event of material changes.
(2) Due to rapid changes in particular to platforms, algorithms, software, AI systems, APIs, marketing methods, markets and legal frameworks, the Provider does not guarantee that every individual item of content reflects the latest status at all times.
(3) A publication or update date does not guarantee the continuing currency of every statement.
(4) The Provider is not required to update all previously published learning content immediately following every external change.
(5) Information material to a specific business decision must be independently checked by the Customer for current accuracy.
§ 29 AI-Assisted Consulting and Learning Services
(1) Consulting and learning services may use AI, machine learning, automation and comparable systems.
(2) Individual analyses, recommendations, learning content, concepts or text may be generated on the basis of Customer inputs, texts, recordings, business information, project information or other data.
(3) Such services may in particular be provided through the Provider’s AI Editor or other software products.
(4) Services may include fully automated answers, automatically assembled learning content, pre-produced e-learning modules containing AI-generated components and combinations of human and automated content.
(5) Where a service is offered as automated or AI-assisted, there is generally no entitlement to individual human review of each output.
(6) Individual human review is owed only where expressly included in the purchased service.
§ 30 Limitations of AI-Generated Consulting
(1) Generative AI may in particular produce incorrect facts, fabricate information, overlook relevant information, rely on outdated information, misinterpret inputs or draw incorrect conclusions.
(2) AI-generated answers therefore do not constitute guaranteed statements of fact.
(3) Statements material to business decisions must be independently verified.
(4) This applies particularly to market and competitor data, prices, statistics, news, persons, companies, laws, copyright or trademark issues and tax matters.
(5) AI-assisted content does not replace the Customer’s own research where a decision depends on the accuracy or currency of the information.
§ 31 Automated Research
(1) Functions may automatically analyse public information sources, news sources, databases and other external sources.
(2) The Provider does not guarantee complete coverage of all relevant sources or information or the accuracy of every external source.
(3) Suggestions relating to topics, trends, people, guests or companies are research aids and do not guarantee suitability, availability or quality.
(4) Material research results must be checked before use.
§ 32 Dependence on Customer Data and Interfaces
(1) The quality and scope of individual results may materially depend on the information provided and data sources connected.
(2) The Provider is not responsible for unsuitable results to the extent they result from missing or incorrect information, permissions, accounts, APIs or authentication.
(3) The Provider shall assist the Customer with setup of such connections within the agreed scope of support.
§ 33 AI Act Transparency
(1) Where an AI system is intended to interact directly with natural persons and a corresponding statutory information requirement applies, the Provider shall inform users of the AI nature of the interaction.
(2) The information may in particular be provided within the user interface or at the latest upon commencement of the first relevant interaction.
(3) The use of AI in creating or updating individual learning materials does not automatically require all content within a course to be generally labelled as AI-generated.
(4) Mandatory transparency and labelling obligations remain unaffected.
§ 34 Business Responsibility
(1) Consulting, workshop, learning and AI services provide information, methods, analyses, ideas and decision-making support.
(2) They do not replace the Customer’s own business judgement.
(3) In particular, no specific revenue, profit, market share, leads, reach, rankings, platform growth, conversion results or other business outcomes are guaranteed.
(4) The decision whether to implement a recommendation remains with the Customer.
§ 35 Liability for Decisions
(1) General liability is governed by Part A.
(2) To the extent permitted by law, the Provider is not liable for adverse consequences of a business decision solely because the Customer took into account consulting, learning content, an automated analysis or an AI-generated recommendation.
(3) This applies in particular where information requiring verification was adopted without review, necessary fact-checking was omitted, recommendations were used outside their intended context, or required legal, tax or other professional review was not carried out.
(4) Mandatory liability and liability for wilful misconduct or gross negligence remain unaffected.
§ 36 Voluntary Money-Back Guarantee
(1) A money-back guarantee applies only to products for which it is expressly stated in the specific offer.
(2) Where a 14-day money-back guarantee is offered, the Customer may exercise this voluntary guarantee without stating reasons within 14 calendar days from conclusion of the contract.
(3) For products structured accordingly, the Customer shall initially receive only the limited level of access specified in the description of services.
(4) If the guarantee is exercised, access ends and the remuneration paid for the relevant product shall be refunded in full.
(5) The voluntary guarantee ends early if the Customer expressly activates the complete scope of services or uses an individual service forming part of the offer, in particular personal consulting or production services.
(6) The guarantee is a voluntary contractual benefit and does not constitute a statutory consumer right of withdrawal.
§ 37 Access Credentials and Use
(1) Digital learning products are licensed only for the agreed number of users or participants.
(2) Single-user licences may not be shared with independent third parties.
(3) Access credentials must be reasonably protected against unauthorised use.
§ 38 Copyright and Learning Materials
(1) Videos, texts, presentations, worksheets, graphics, templates, methods and other learning materials remain protected to the extent they qualify for statutory protection.
(2) The Customer receives a non-exclusive and generally non-transferable right to use them for its own internal business or professional purposes.
(3) Materials expressly made available for download may continue to be used for those purposes after portal access ends, unless a different licence is stated.
(4) Without express permission, the Customer may not in particular publish material parts of course content, resell or sublicense the materials, create a substantially copied competing course or systematically use protected course materials as training data for third-party AI systems.
(5) Acquired knowledge, methods and general insights may of course be applied within the Customer’s own business.
§ 39 Recordings
(1) Consulting sessions, workshops and live services may not be recorded in full or in substantial part without the Provider’s express consent.
(2) The Provider shall not use identifiable image, video or audio recordings of participants for public advertising solely on the basis of these Terms.
(3) Where consent is required, it shall be obtained separately.
§ 40 Conduct at Live Events
(1) Participants must not materially disrupt, insult, threaten or otherwise unreasonably interfere with other participants, speakers or employees.
(2) In the event of a material breach, exclusion may occur following an appropriate warning; in particularly serious cases, exclusion may occur without prior warning.
(3) A justified exclusion caused by the participant’s own culpable conduct generally does not create a right to reimbursement for services that can no longer be used as a result.
§ 41 Technical Requirements and Availability
(1) The Customer shall provide a suitable internet connection, devices, browsers and other technical requirements on its side.
(2) The Provider endeavours to maintain high availability of digital learning services but does not guarantee uninterrupted availability.
(3) Short-term technically normal interruptions, maintenance, updates, hosting, network, API or third-party issues do not generally constitute a defect.
§ 42 Final Provision
In all other respects, Part A applies. Technical SaaS components are additionally subject to the Special Terms for Software, SaaS, AI and Hosting. Individual descriptions of services take precedence.