Terms and conditions of use

The following terms and conditions of use define the legal framework for the use of the e-learning offering of Linius Technologies GmbH (hereinafter referred to as the “Provider”) and the services offered by us. They apply to all users of the Linius Campus e-learning environment and the Linius Shop (hereinafter collectively referred to as the “Platform”), including test accounts..

Users may assume one or more of the following roles (referred to in this document as “Users” regardless of role):

The purchaser is responsible for purchasing courses in the Linius Shop in organizations.
The organization manager manages the entire account of the organization including user and course management. He can also create and manage courses (including courses created by other users). He thus has the most extensive rights of the organization.
The department manager organizes his department, can assign courses to learners assigned to his department, and monitors learning progress.
The course trainer creates and manages the courses he or she creates.
The learner consumes the learning content.

For the present document, the masculine form is chosen in the following, as it simplifies readability. This does not represent a valuation in any respect. It always refers to the female, male and various forms. The provider of the e-learning environment and the store is Linius Technologies GmbH, Am Marktplatz 7, 93152 Nittendorf, Germany.

1 Scope of application, definitions

1.1

For the use and business relationship between the Provider and the User for the use of the Platform, the following Terms and Conditions of Use in the valid version shall apply exclusively.

1.2

The Provider reserves the right to agree supplementary terms and conditions for individual services if there is a valid reason for doing so and the change is reasonable for the User. A valid reason for a change exists if there is a need for implementation due to certain legal requirements or supreme court rulings or if there is a new or further development and/or restructuring of the technological basis with fundamental functional changes to the platform, which is based on open source software.

The Organizational Manager and Purchaser shall be notified in text form of any change intended by the Provider at least two weeks before the planned date of change. Consent shall be deemed to have been granted if no objection is notified to the Provider by the planned time of change. The user will be specifically informed of this again when the intended changes are communicated. If the User refuses to consent, the Provider shall be free to terminate the business relationship at the next possible time.

1.3

Deviating conditions of the user are not recognized unless the provider expressly agrees to their validity in writing.

2 User accounts, login/registration, prices for user accounts

2.1

The use of the platform is reserved for corporate customers and can be done with the following user accounts:

1. Single User:
  This free account is intended for single commercial users who wish to consume the courses offered. By default, individual users cannot upload their own content or content purchased from third-party providers to the platform. However, optional web space can be booked for a fee. By creating additional users within the account, an individual user is automatically transferred to a paid user account Mandant/Mandant CD. There are one-time setup fees and monthly user fees for the purchase of additional web space or the creation of additional users according to the current price list an.
2. Client:
  This paid user account is for organizations with multiple users. Each client has the roles of organization and department manager to manage courses, licenses and users on their own. In contrast to the single user account, the upload of self-created content or content purchased from third-party providers is possible. For this purpose, a storage space defined during registration is available to each client. Additional storage space can be purchased from the provider. There are one-time setup fees and monthly user fees according to the current price list an. The setup fee is due immediately by invoice. The monthly user fees, as well as the course licenses purchased from the provider, will be invoiced on the cut-off dates 31.03., 30.06., 30.09. and 31.12. by invoice.
3. Client CD:
  This user account, which is subject to a fee, includes all the services of the client user account. In addition, Linius Campus can be accessed via a (sub)domain provided and forwarded by the customer, and the platform’s user interface is adapted to the organization’s corporate design (CD) in terms of logo and colors in coordination with the user. There are one-time setup fees and monthly user fees according to the current price list. The setup fee is due immediately by invoice. The monthly user fees, as well as the course licenses purchased from the provider, will be invoiced on the cut-off dates 31.03., 30.06., 30.09. and 31.12. by invoice.

2.2

For access to the platform, the provider provides the user with the stored access data (user name, password). The user account is set up in the course of the initial purchase of content (courses or storage space) via the provider’s online store. After completion of this initial purchase process, the person deposited as organization manager receives an e-mail automatically generated by the platform. The user name corresponds to the e-mail address. The start password is generated automatically and must be changed by the user when logging in for the first time. This user is then automatically assigned the role of organization manager. In this role, the user can register additional users and optionally assign them the role of department manager. Likewise, the Organization Manager role can assign courses to users based on licenses.

2.3

With the first purchase of content via the online store of the provider, the purchaser gives his consent to these terms and conditions of use, in case of user account client and client CD also on behalf of his organization. In the case of the user account Client and Client CD, the purchaser is responsible for passing on these terms and conditions of use to all current and future users of his organization.

3 Purchase of courses / license handling

3.1

All courses offered in the provider’s online store are offered to the user via licenses. The purchaser acquires a license for a course, which can be assigned in the platform to this user or to a user created within the user account Client/Client CD.

3.2

Each license has a term, which can be seen in the online store at the article, within which the purchased content can be accessed after redemption according to 3.2. After expiration of this term, access to the content is no longer possible.

3.3

Each license can be redeemed within a validity period that can be seen in the online store at the article from the date of purchase. After expiration of this validity, the license is considered used.

3.4

Unredeemed licenses can be withdrawn from a user and reassigned within the validity period. From the first access to a course, a license is considered redeemed. A transfer to another user is then no longer possible.

4 User obligations

4.1

By registering, the user is granted a non-transferable, simple right to use the platform. This learning platform serves exclusively for the mediation of learning content from the learning program of the provider and its contractual partners as well as the creation or upload and implementation of individual courses by the respective organization or the respective individual user. Any other private and/or commercial use is expressly prohibited. The storage space provided to the user, if applicable, is to be used exclusively for the storage of content created by the user or purchased from third-party providers.

4.2

All users are obligated to treat the data of other users accessible to them as strictly confidential and not to pass it on to third parties. The only exception to this is the corresponding written consent of the person concerned. All users of the platform are prohibited from deleting, suppressing or altering data without authorization. Likewise, any use deviating from the purpose is prohibited. In addition, users are obliged to comply with legal provisions in general as well as in the context of copyright law and data protection. Linking to external websites with the exception of video portals released by the provider is not permitted. Users may not post any content on the learning platform that violates legal provisions, is pornographic, obscene, defamatory, slanderous, insulting, threatening, inciting or racist. The posting of advertising of any kind, as well as the transmission of information containing a virus, an error, manipulations or similar damaging elements is also prohibited, as is the posting of content that is likely to directly or indirectly damage the reputation of the provider, associated companies or their products.

4.3

Access to the platform may only be used by the user himself. The user is also responsible for protection against misuse. The user is obliged to keep his personal access data secret and not to pass it on to third parties. Should the user discover a use of his access data by third parties, he is obliged to report this immediately to the provider.

5 Deactivation and deletion of the user account

5.1

The provider will only deactivate individual users or a user account in exceptional cases. These include, but are not limited to, violations of the usage obligations mentioned under point 4. The provider reserves the right to temporarily or completely block users or user accounts for other valid reasons not mentioned here. The deletion of users or user accounts (Client, Client CD) will only take place after prior coordination with the user or a person responsible for the organization, if the possibility exists. The user has no right to this coordination.

5.2

The provider also reserves the right to assert claims for damages against the user or the organization in the event of violations of the provisions or other relevant offenses.

5.3

A user account will be deleted by the provider upon termination of the contract for corporate customers or upon written request of an individual user with a notice period of four weeks. Access to the platform and the acquired or self-deposited content is then no longer possible. The corresponding content is irrevocably deleted.

5.4

Organization and department managers have the ability to disable or delete individual users from their own organization at any time.

6 Personal data

6.1

In order to set up personal access to the platform, the electronic storage of the following personal data is necessary:

- First name and surname
- Email address

This data is subject to the relevant data protection regulations. The login name and password for the initial login will be sent to the user after registration to the email address provided by the user and must be changed upon initial registration on the platform. The users have the right to receive information about the stored personal data free of charge upon written request. The data will not be passed on to third parties. An exception exists if the user expressly authorizes the disclosure or the disclosure is required by law. Persons charged with the administration of the platform and the database and web server have access to all personal data stored in the system in accordance with their tasks. These will only be processed if and to the extent necessary for the operation of the platform.

6.2

Users have the right to have incorrect data corrected, blocked or deleted upon written request. In the case of an organization account, the personal data is managed by the organization manager of the respective organization. In this case, the Provider will delete all personal data no later than 4 months after the expiration of the contract with the organization. The same deletion periods apply to the end of the contract of individual users. This does not affect personal data that must remain stored by the provider due to legal requirements. After expiry of the legal periods, this data will also be deleted.

6.3

When an article is requested within the platform, the following access data is also stored:

IP address of the accessing client
Course accessed
Browser type identification transmitted by the used web browser
Error message issued by the web server in the event of an error

The stored data is collected exclusively for technical or statistical purposes. Neither organization/department managers nor other users have access to this data.

In addition, the date and time of access are stored. Organizational/departmental managers also have access to this data and it may only be used for teaching and learning purposes as part of the performance of their duties. All data transfer is secured. In addition, all data voluntarily provided by the user, as well as data generated through use, is stored. This includes personal contributions in forums and blogs, as far as this function is available to the user. This data may only be used by organization/department managers and users for teaching and learning purposes within the course as part of the task fulfillment. The platform does not have an archive function, but certain user-related data is assigned to the registered user. If this is deleted from the database, certain user-related data is lost.

7 Copyright

7.1

All materials posted on the platform are protected by copyright unless expressly stated otherwise. For all files and content, the user is expressly obliged to observe the applicable copyright. All materials posted on the platform are protected by copyright unless expressly stated otherwise. All texts, images, graphics, sound documents, animations and video sequences on the platform are subject to copyright and/or other laws for the protection of intellectual property. Any duplication, modification or use in other electronic or printed publications is not permitted without the express consent of the provider or the originator of the respective content, unless otherwise specified. For data that organization and course creators upload to the platform themselves, the following applies: The responsibility for course content that is not provided by the provider and its contractual partners lies with the corresponding organization.

7.2

Compliance with copyright law is the responsibility of the organization managers and course creators. In the event of indications of any infringement of rights, such as insult, copyright, etc… the respective organization manager undertakes to immediately block the content concerned and, after thorough examination, to delete or release it again. In any case, the provider is to be informed in writing of any indication of a possible infringement. The provider is entitled to immediately block and delete any content in the event of complaints of legal violations (e.g. copyright, insult, etc…). This means that the content is intended for personal use, may not be passed on to third parties and may not be reproduced or modified. The provider, as the operator of the platform, shall be exempt from any claims by third parties arising from non-observance of copyrights.

8 Platform operation

8.1

The provider aims for a high average availability of the platform. In times of unavailability of the platform

- due to disruptions of the Internet beyond the control of the Provider or due to other circumstances beyond the control of the Provider, in particular due to force majeure, or
- due to planned maintenance work on the database system, which is carried out if necessary, or
- due to mandatory unscheduled maintenance work required to eliminate malfunctions, or
- which are based on the fact that the necessary technical requirements for access to the database to be created by the User are temporarily not given, for example in the case of malfunctions of the User’s hardware,

the user has no right to compensation or reduction of the paid fee.

8.2

The Provider endeavors to continuously adapt the platform to current requirements. It therefore reserves the right to make changes to adapt the system to the state of the art, changes to optimize the system, in particular to improve user-friendliness, as well as changes to content, insofar as the latter are necessary to correct errors, to update and complete, to optimize programming or for licensing reasons. Insofar as this results in necessary changes to the terms of use, point 1 para. 2 shall apply.

8.3

The use of the contents of the platform are possible through two technical ways:

Use via standard browser
Use via Moodle App

The user is solely responsible for meeting the respective system requirements.

8.4

The platform can also be used via the so-called Moodle App. You can obtain the Moodle App from the relevant app stores. The Moodle App is not provided by Provider, is not a product of Provider and is not available through or from Provider. Provider makes no warranties, representations or other commitments with respect to the purchase of or use through the Moodle App. With the Moodle App, offline editing of learning content is additionally possible. However, offline editing does not allow the use of learning progress monitoring, some Moodle tools and version updates.

9 Supplier liability

9.1

The provider, as operator of the platform, is only liable for grossly negligent or intentional breaches of duty. This also applies in particular to such damage that users of the platform suffer as a result of downloading materials. This limitation of liability does not apply insofar as liability is assumed as follows:

according to the product liability law
in case of fraudulent intent
in the event of non-compliance with an assumed guarantee
culpable injury to life, limb or health
culpable violation of essential contractual obligations.

9.2

However, the claim for damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the aforementioned cases applies. If liability on the part of the Provider is affirmed in accordance with the above sections, liability for data loss shall be limited to the typical recovery effort that would have been incurred if the User had regularly made backup copies in accordance with the risk.

9.3

The provider assumes no liability for the functionality of self-created courses or courses purchased from third-party providers.

10 Liability on the part of the user

If a user culpably violates the terms of use or legal obligations, he is liable according to the legal regulations.

11 Modification of the terms of use

The Provider reserves the right to extend or amend the Terms and Conditions of Business and Use. Any changes to the terms and conditions of business and use will be announced in writing on the platform with a corresponding reference where the changes can be viewed.

12 Legal validity

These statements are to be regarded as part of the Internet offer from which reference was made to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. Any invalid provision shall be replaced by a valid provision that comes as close as possible to the legal and economic intentions of the contracting parties.

13 Data protection declaration

The User is aware of the data protection information and terms of use and accepts them, in particular the Provider’s data protection declaration, by registering and using the platform. He has taken note of the fact that mandatory personal data is processed when using the platform. He agrees to the processing of this data stored in the “personal profile” and the contributions published by the User in his name. Likewise, the user agrees that the data arising from his use in the context of courses will be processed.

14 Download terms of use

For permanent storage of these foregoing terms and conditions of business and use on a data carrier, you can download them as a PDF file free of charge here. To open a PDF file, you may need a special program such as the free Acrobat Reader or a comparable program that can handle PDF files.

15 Final provisions

Contracts between the provider and the user shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply.