Status: [28.06.2023]

1. Scope

1. These general terms and conditions apply between DriveLingua UG, Osteranger 26, 85134 Stammham (hereinafter referred to as the “Provider”) and the purchasers and/or users of the learning platform DriveLingua (hereinafter referred to as the “User”).

These general terms and conditions apply exclusively. The version valid at the time of contract conclusion shall be decisive. The User’s general terms and conditions shall not apply, even if not expressly objected to.

2. For the purposes of these General Terms and Conditions, Users shall include both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur is a natural or legal person or a legally capable partnership with legal capacity who acts in the course of conducting commercial or self-employed professional activities when entering into a legal transaction (§ 14 BGB).

2. Subject of the Contract

1. The Provider makes available to Users with a language barrier who wish to obtain a driver’s license in Germany a learning platform (DriveLingua). The aim of the learning platform is to convey to Users a vocabulary that is essential for participating in practical driving instruction and the practical driving test. Tailored vocabulary, practice sentences, audio recordings (playbacks for learning pronunciation), and, if applicable, videos are provided for road traffic. At the beginning of using the learning platform, the User has the option to select their native language and/or a preferred language from the languages available on the learning platform.

2. The learning material is divided into 12 chapters, each consisting of an introduction, a vocabulary page, and a page with practice sentences and, if applicable, videos. The introduction, written in the User’s chosen language, serves to describe to the User the meaning and content of the respective chapter. The vocabulary and practice sentences are written in the User’s chosen language and in German and are spoken in German.

3. Registration

The User registers during the registration process. Mandatory information includes the username and email address. Providing the first name and last name is voluntary. For registration, the User chooses a password of their choice. By registering, the User agrees to the general terms and conditions and confirms that they agree with the privacy policy. If the User has already purchased access through third parties (driving schools, schools, universities, others), they can enter this and register directly. For a direct purchase on DriveLingua.de, a one-time payment via PayPal is necessary. After successful registration, the Provider creates time-limited access to the learning platform in accordance with Clause 4.

4. Duration of Use, Grant of Use, Intellectual Property Rights

1. After setting up access and providing access data in accordance with Clause 3, the User has the option to use the contents of the learning platform on an end device they own and/or are authorized to use for a period of 3 months (right of use). The right of use also includes any updates to the learning platform. The User has the option to extend this time-limited right of use for a fee after the expiration of 3 months.

2. The User is responsible for ensuring stable internet usage on their end device. The Provider points out that the use of the learning platform depends on a functioning internet connection.

3. The Provider will provide the legally required updates in accordance with § 327 et seq. BGB. Furthermore, the Provider expressly reserves the right to change and/or supplement the learning platform at any time in a manner reasonable for the User, both technically and in terms of content, at its own discretion.

4. The Provider will ensure that changes and/or additions do not have a detrimental effect on the User and that, due to changes and/or additions, the learning platform is substantially comparable to the product at the time of contract conclusion in terms of technology and/or content.

5. The Provider reserves all rights to the content provided. This includes, in particular but not limited to, copyright and trademark rights.

5. Prices, Payment Terms

With regard to the prices for the grant of use for a period of 3 months and the extension of the usability of the learning platform, the price information communicated to the User at the time of purchase shall apply. Unless otherwise indicated and/or agreed, the price information is inclusive of VAT.

6. Limitation of Liability

1. The Provider applies the usual care in the selection, correctness, and timeliness of the content. However, the Provider does not warrant the accuracy, timeliness, and/or completeness of the content. This also applies, in particular, if the Provider relies on translations by third parties. Furthermore, the Provider assumes no liability for the availability of the content if the call of services from third parties (especially internet and electricity providers) is dependent on it.

2. The Provider shall be liable

• Without limitation in case of intent or gross negligence,
• In the event of injury to life, body, or health,
• In accordance with the provisions of the Product Liability Act, as well as for other legally mandatory provisions,
• In the event of a guarantee being given.

In the event of the simple negligent breach of a duty essential for achieving the purpose of the contract (cardinal duty), the liability of the Provider shall be limited to the amount of the damage that is foreseeable and typical for the nature of the business.

7. Choice of Law/ Jurisdiction

1. These general terms and conditions are subject to the law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2. Exclusive place of jurisdiction for all disputes directly or indirectly resulting from the business relationship is Ingolstadt, provided that the User has no general place of jurisdiction in the Federal Republic of Germany, has moved his/her place of residence or habitual abode abroad after the conclusion of the contract, or his/her place of residence or habitual abode is not known at the time the lawsuit is filed.

3. If the User is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and the Provider is Ingolstadt.

8. Severability Clause, Set-off

1. Should any provision of these general terms and conditions be or become wholly or partially invalid and/or unenforceable, the validity and/or enforceability of the remaining provisions shall not be affected. The invalid and/or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic intent of the invalid and/or unenforceable provision. The same applies mutatis mutandis to gaps in these general terms and conditions.

2. The User shall have no right of set-off unless the claim arises from the same contractual relationship or is undisputed or has been legally established.