Terms and conditions

Terms and conditions of the company SlidePresenter GmbH, Sternstr. 168, 67063 Ludwigshafen for the software-as-a-service "SlidePresenter". Status: 02.11.2021

Preamble

The software "SlidePresenter" is a web-based solution offered as a service by SlidePresenter GmbH, Sternstr. 168, 67063 Ludwigshafen (hereinafter referred to as "SlidePresenter"). It is aimed exclusively at entrepreneurial or freelance customers who are not consumers in the sense of § 13 BGB (German Civil Code). Under the URL http://www.slidepresenter.com, various free and fee-based services are offered for the creation, provision and playback of multimedia training, education and communication units in a standardized format. In addition, customers are given the opportunity to collect digital knowledge in a portal and make it available to employees. Customers can integrate files such as Office documents, presentations, videos or audio files into the system via upload and use them further. From there, the files can be edited, for example by combining PowerPoint presentations with a video. Depending on requirements, additional data such as tables of contents, hyperlinks, subtitles, information about the presentation, the speaker or the topic can also be stored. The output and delivery is done by a SlidePresenter player, which can be integrated into numerous systems, websites and other delivery interfaces, as well as opened in different browsers when connected to the Internet. SlidePresenter plays video and audio files in streaming format.

1 Definitions

1.1 "User" is any natural or legal person who uses services of SlidePresenter against payment or free of charge.

1.2 "Customers" can exclusively be natural or legal persons who use SlidePresenter in the context of their commercial or freelance activity and are not consumers in the sense of § 13 BGB (German Civil Code).

1.3 "User Content" means all files transmitted by the user to SlidePresenter, regardless of type and format.

1.4 "Account" is the user account to which the user has access and through which the entire administration of the production and management of the produced content takes place.

1.5 "Tenant" in this context is the client in which multiple accounts of a company can be managed.

1.6 "Usage Package" is an offer package of SlidePresenter GmbH with a clearly defined scope of services and a monthly price.

1.7 "Viewer" is a person who views learning and knowledge content without having administration rights or access to an account.

2 Scope of application

2.1 These terms and conditions conclusively regulate the contractual relationships between the parties for the use of SlidePresenter. Conflicting contractual terms and conditions shall only become part of the contracts between the parties if SlidePresenter agrees to them in writing. They will also not become part of the contract if SlidePresenter services are performed without reservation in knowledge of deviating terms and conditions. These terms and conditions shall also apply to future contractual relationships between the customer and SlidePresenter, unless otherwise agreed.

2.2 SlidePresenter reserves the right to change the general terms and conditions. SlidePresenter will only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other comparable reasons. SlidePresenter will inform the customer about the changes in due time and grant him a reasonable period of time to accept the change. If the customer does not comment within the granted period of time, the changes are deemed to be accepted implicitly. SlidePresenter commits itself to inform the customer separately in the transmitted information about the adjustment of the GTC. If the customer is not informed about a change of the terms and conditions, the terms and conditions valid at the time of the conclusion of the contract shall apply.

2.3 As far as these or other terms and conditions of SlidePresenter refer to times or time periods, the Central European Time (CET/MEZ) is decisive. Summer times are not taken into account.

3 Conclusion of contract, access data

The User can register an account free of charge at https://app.slidepresenter.com/sign-up (see point 2.4). From this point on, the user agrees to comply with the terms and conditions of SlidePresenter GmbH for the use of the solution. When ordering a paid usage package, the account and the functions and services included in the license scope will be activated for usage according to the term booked by the customer. If the user does not order a paid license package, the account will be deactivated automatically after 14 days.

4 Duration of contract, minimum term, termination

4.1 SlidePresenter (hereinafter also referred to as "customer") shall be bound to offers submitted by it for thirty (30) days, unless otherwise contractually agreed.

4.2 A contract shall then be concluded upon written acceptance of the customer’s offer by the customer (hereinafter also referred to as "customer"). A modified written acceptance of an offer of the customer by the customer shall be deemed to be a new offer, which shall only lead to a contract if the customer confirms it in writing.

4.3 The minimum term of a contract corresponds to the term agreed upon by the customer and SlidePresenter at the time of the initial booking of a SlidePresenter package. Should the customer make another booking of a different SlidePresenter package with a different term at a later point in time within the current contract term, the minimum term shall then correspond to the newly agreed term.

4.4 The notice period for a booked SlidePresenter package is 30 days to the end of the term. If a contract is not terminated within this period, the term of the contract shall be automatically extended by the minimum term.

4.5 The contract can be terminated by either party in compliance with the notice period, without giving reasons. A termination can only be made in writing by letter, fax, e-mail or via the contact form in the support area of the SlidePresenter website, as far as this possibility is available.

5 Scope of services

5.1 SlidePresenter offers the possibility to broadcast video and audio streams with synchronous media content (e.g. from PowerPoint files) via a player on the Internet on the SlidePresenter website. Furthermore, the streams can also be broadcast on websites of the producing user or customer and to third parties if the user or customer or a third party embeds a SlidePresenter player on surfaces.

5.2 The exact scope of services results from the respective conditions to the services ordered by the customer.

The services differ mainly by the following features:

• Video or audio length of the active presentations
• Number of accounts
• Included security options (SSL-encrypted data transfer, IP restrictions, etc.)
• Support level (email, hotline, personal support (Customer Success Service))
• Optional additional features

The limits apply as total limits. Therefore, all active presentations of the customer are added up for the measurement, regardless of whether they are shared via the distribution options of SlidePresenter or not.

Only those presentations are considered active which have been set as active by the customer so that they can be played when provided outside of the account, for example via embed code.

6 Granting of rights

6.1 With the transfer of user content, the user grants SlidePresenter the following rights:

The preparation of User Content for provision on all common end devices (smartphones, tablets, PCs, etc.) and different browsers (e.g. Internet Explorer, Firefox, Chrome, Safari) and operating systems (Windows, Linux, Mac, etc.) requires copying, duplication, storage and conversion of User Content into various formats. SlidePresenter is entitled to perform these as far as it is necessary for the performance of the Services.

Furthermore, if the user sets this accordingly via the settings of his presentations, user content can also be publicly displayed on pages and interfaces of third parties via embedded players. The user is aware that SlidePresenter cannot control the content of the pages on which the user's content is broadcast via embedded players. SlidePresenter therefore assumes no obligation to the User to control such sites.

6.2 Regardless of the services, the User may revoke the rights granted by deleting the content.

6.3 The rights granted to SlidePresenter are worldwide and non-exclusive. Beyond the mentioned rights, SlidePresenter does not receive any rights to exploit the content. The user is further entitled to his own exploitation of his content under his own responsibility outside of SlidePresenter. SlidePresenter may transfer the granted rights to third parties for the execution of the services within the granted scope, as far as it is necessary for the execution of the services.

7 User fees and method of payment

7.1 In the event of commissioning, the license fees, prices and other remuneration listed in the commissioned offer shall apply. All prices are exclusive of the respective statutory value added tax. The invoice amount is the sum of the prices of the individual services in the billing period as well as other components agreed upon for the price calculation.

7.2 Payment to SlidePresenter is made for SlidePresenter usage packages, unless otherwise agreed, after invoicing and for the term in advance. The invoice amount is due immediately and without deduction.

7.3 If a customer is in default with his payment obligations and SlidePresenter has set the customer a grace period of 4 weeks in writing for payment and this period has expired unsuccessfully, SlidePresenter is entitled to block all services of the customer without further notice. Further rights remain unaffected.

7.4 Additional costs caused by default shall be borne by the customer. Thereby, the reminder lump sum according to §288 paragraph 5 BGB (German Civil Code) in the amount of 40 Euro has to be paid. Should additional costs be incurred by the If the customer is in default of payment, SlidePresenter reserves the right to charge additional costs beyond the 40 Euro reminder fee.

8 Termination rights of SlidePresenter and the customer

8.1 SlidePresenter may terminate the contract without notice and block the account in case of gross breaches of duty by the customer. Such gross breaches of duty include in particular:

• Transfer of the customer account
• Damage to other customers
• Violation of rights of other customers or rights of third parties, in particular the violation of industrial property rights, violations of competition law, violation of copyrights or personal rights of third parties.

8.2 Customers can have their account blocked at any time. For this purpose, a notification to SlidePresenter either in writing or by e-mail is sufficient. This does not affect the customer's obligation to pay the usage fees for the agreed period of time.

9 Responsibility for content

9.1 The user is solely responsible for his transmitted user content such as video streams, photographs, presentations, audio files, text contributions and the like as well as for his behavior on SlidePresenter. In the relationship with SlidePresenter, he/she will also be attributed those contents that are provided by third parties but broadcast via services of the user. This applies in particular to interactive audience participation and streams created by third parties and integrated by the user or customer.

9.2 The User undertakes to observe the applicable laws, these Terms and Conditions and morality. In particular, he agrees that he:

• not transmit any content or files to or via SlidePresenter, the reproduction of which constitutes an infringement of copyrights, trademark rights or other industrial property rights, infringements of competition law or infringements of personal rights or other rights of third parties;
• does not transmit any content or files to or via SlidePresenter that contain software, applications, programs or viruses or any other data that may impair or damage the function of the hardware and software of SlidePresenter or of other users and customers or third parties, in particular because the content or files do not adhere to the format definitions used;
• does not insult, defame or in any way harass or harm other users, customers or third parties;
• complies with applicable law, in particular with competition law and data protection law, when using personal data obtained via the platform, such as names, mail addresses and the like;
• does not use SlidePresenter for pornographic, child-endangering, national-socialistic, violence-glorifying, racist or similar contents;
• only offers user content for which he has any necessary public law permission;
• does not publish, exploit, publicly reproduce, duplicate, distribute, perform, present or make publicly available, broadcast, retransmit, make perceptible by means of video or audio carriers, reproduce in the form of radio broadcasts or make publicly available, edit or transform any User Content without the consent of the respective rights holder.

9.3 If contents of the user violate these obligations or violate the law or the terms and conditions, SlidePresenter reserves the right, but does not assume any obligation, to delete or block the contents of the user. This also applies if there is a suspicion of a violation. SlidePresenter can delegate this right. In case of a violation SlidePresenter is also entitled to terminate the user contract immediately. Any existing further claims remain unaffected.

9.4 The user or customer indemnifies SlidePresenter from all claims of third parties, which they assert against SlidePresenter due to the violation of their rights, in particular personal rights, copyrights, licensing rights, competition rights or other property rights due to user content. The expenses to be reimbursed include the costs of necessary legal defense including all court and attorney fees in the statutory amount. The user or customer is obligated to provide immediately, truthfully and completely all information necessary for the examination of the claims and a legal defense.

10 Reference use

SlidePresenter GmbH is entitled to use the customer in connection with a description and the logo as reference.

11 Data protection

11.1 Personal data according to DSGVO of viewers are not stored by SlidePresenter by default.

11.2 SlidePresenter collects data of the User in the context of the processing of contracts. In doing so, SlidePresenter observes the provisions of the General Data Protection Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of OJ L 119, 04.05.2016;. Without the consent of the customer, SlidePresenter will collect, process or use inventory and user data only insofar as this is necessary for the processing of the contractual relationship and for the use and billing of the service offered.

11.3 The user has the possibility to retrieve, change or delete the data stored by him in his account at any time. Finally, with regard to consents of the User and further information on data collection, processing and use, reference is made to the Privacy Policy, which is available on the website of SlidePresenter at any time via the page "Privacy Policy" (/privacy-policy-2/).

11.4 The commissioned data processing takes place within an EU/EEA cloud and only on behalf of and at the instruction of the Customer.

12 Support

12.1 Each User may use the online help center (https://slidepresenter.com/akademie-webapp/) free of charge for independent support via the instruction videos provided there.

12.1.2 By ordering a paid license package, the customer can order various support and services with binding availability and response times. Without ordering a paid license package, the support offered by SlidePresenter is exclusively voluntary and without guarantee on availability and response times.

13 Warranty and Liability

13.1 Claims of users and customers for damages are excluded. Excluded from this are claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by SlidePresenter, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

13.2 In case of breach of essential contractual obligations, SlidePresenter shall only be liable for the foreseeable damage typical for the contract, if this damage was caused by simple negligence, unless it concerns claims for damages by SlidePresenter arising from injury to life, body or health.

13.3 SlidePresenter assumes no liability for damages that are due to a data error transmission, to a data loss or the incorrect mapping of a database entry, as far as these are not based on an intentional or grossly negligent behavior of SlidePresenter or of legal representatives or vicarious agents of SlidePresenter.

13.4 It is pointed out that according to the current state of the art, system-immanent malfunctions may occur. A guarantee in the legal sense for a general availability of the platform is therefore not assumed by default. Notwithstanding this, individually definable service levels can be assumed by SlidePresenter via optional and paid additional agreements.

13.5 The elimination of malfunctions and the performance of maintenance work may make it necessary to interrupt the retrievability of the offer. In this case SlidePresenter will inform in time, if this is possible.

14 Miscellaneous

14.1 If any provision of these Terms and Conditions is invalid or unenforceable, it shall be replaced by the valid or enforceable provision that most closely reflects the legal intent of the invalid or unenforceable provision and is still valid.

14.2 The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between the Customer and SlidePresenter.

14.3 With respect to legal entities, special funds under public law and merchants, it is agreed that Frankfurt am Main shall be the place of jurisdiction for all legal disputes arising. The same applies to users and customers who do not have a general place of jurisdiction in Germany.

14.4 SlidePresenter is entitled to transfer the rights and obligations arising from the contract in whole or in part. The customer will be informed one month before the transfer by SlidePresenter, he can object to the transfer by declaration within the month to SlidePresenter. The objection has the effect that the customer contract can be terminated extraordinarily. Excluded from this are possible share majorities and transfers within the EMU.