Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Luigi Vitello) via the https://learncardai.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the free offer of digital content (data created and provided in digital form).
§ 3 License of use in case of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the
respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.
§ 4 Use of the Free Software / Termination
(1) Free Use
We provide our software free of charge. There is no ongoing subscription or recurring fee associated with its use.
(2) Duration of Use
You may use the software for as long as it is made available on our website. We reserve the right to modify, discontinue, or limit access to the software at any time, with or without prior notice.
(3) Termination by the User
Since the software is provided free of charge, you may stop using it at any time. If you have created a user account or otherwise registered on our website, you may request deletion of your account or data by contacting us (e.g., via email) or using any account/cancellation functionality provided on our website.
(4) Termination by Us
We may terminate or restrict your access to the software at any time if you violate these Terms of Use or if we choose to cease offering the software. This includes the right to terminate immediately for good cause (e.g., misuse of the software, unlawful activity, or other serious breach of the Terms).
(5) Legal Consequences
Upon termination, your right to use the software ends, and you must cease any further use. Any rights or obligations that, by their nature, should continue after termination (e.g., certain disclaimers or limitation of liability) will remain in effect.
§ 5 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
§ 7 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Luigi Vitello
Bachemer Str. 86a
50354 Hürth
Germany
Telephone: +4915730657492
E-Mail: info@learncardai.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).