Terms and conditions

Terms and Conditions of SlidePresenter GmbH, Sternstr. 168, 67063 Ludwigshafen, Germany, for the Software-as-a-Service "SlidePresenter". Status: 02.11.2021

Preamble

The "SlidePresenter" software is a web-based solution offered as a service by SlidePresenter GmbH, Sternstr. 168, 67063 Ludwigshafen, Germany (hereinafter referred to as "SlidePresenter"). It is aimed exclusively at business or freelance customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB). The URL http://www.slidepresenter.com offers various free and fee-based services for the creation, provision and playback of multimedia training, education and communication units in a standardized format. Customers also have the option of collecting digital knowledge in a portal and making it available to employees. Customers can upload files such as Office documents, presentations, videos or audio files to the system for further use. 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 on the presentation, the speaker or the topic can also be stored.

The output and provision is carried out by a SlidePresenter Player, which can be integrated into numerous systems, websites and other provision interfaces and can be opened in various 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 SlidePresenter's services for a fee or free of charge.

1.2 "Customers" may only be natural or legal persons who use SlidePresenter in the course of their commercial or freelance activities and who are not consumers within the meaning of Section 13 of the German Civil Code (BGB).

1.3 "User Content" means all files transmitted by the user to SlidePresenter, regardless of their 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" is the client in which several accounts of a company can be managed.

1.6 "Usage Package" is an offer package from 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 govern the contractual relationship between the parties for the use of SlidePresenter. Conflicting terms and conditions shall only become part of the contracts between the parties if SlidePresenter agrees to them in writing. They shall not become part of the contract even if SlidePresenter performs services without reservation in the 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 amend the General Terms and Conditions. SlidePresenter will only make such changes for valid reasons, in particular due to new technical developments, changes in case law or other comparable reasons. SlidePresenter will inform the customer of the changes in good time and grant him a reasonable period of time to accept the change. If the customer does not respond within the period granted, the changes shall be deemed impliedly accepted. SlidePresenter undertakes to inform the customer separately in the information provided about the amendment of the GTC. If the customer is not informed of an amendment to the GTC, the terms and conditions valid at the time of conclusion of the contract shall apply.

2.3 Insofar as these or other terms and conditions of SlidePresenter refer to points in time or time periods, Central European Time (CET/MEZ) shall apply. Summer time is 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 onwards, the user undertakes to comply with the terms and conditions of SlidePresenter GmbH when using the solution. If a paid usage package is ordered, the account and the functions and services included in the scope of the license will be activated for use in accordance with the term booked by the customer. If the user does not order a paid license package, the account is automatically deactivated after 14 days.

4 Contract term, minimum term, termination

4.1 SlidePresenter (hereinafter also referred to as "CONTRACTOR") shall be bound by 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 CONTRACTOR's offer by the customer (hereinafter also referred to as the "CLIENT"). A modified, written acceptance of an offer from the CONTRACTOR by the CLIENT shall be deemed a new offer, which shall only lead to a contract if the CONTRACTOR confirms it in writing.

4.3 The minimum term of a contract corresponds to the term agreed by the customer and SlidePresenter at the time of the initial booking of a SlidePresenter package. Should the customer make a new booking of a different SlidePresenter package with a different term at a later date 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 may be terminated by either party subject to the notice period without stating reasons. Notice of termination can only be given in writing by letter, fax, e-mail or via the contact form in the support area of the SlidePresenter website, insofar as this option is available.

5 Scope of services

5.1 SlidePresenter offers the possibility to broadcast video and audio streams with synchronized 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 is set out in the respective terms and conditions of the services ordered by the customer.

The services differ primarily in the following features:

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

Limitations are regarded as overall limitations. All of the customer's active presentations are therefore added together for the measurement, regardless of whether they are shared via SlidePresenter's distribution options or not.

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

6 Granting of rights

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

The preparation of the User Content for provision on all common end devices (smartphones, tablets, PC, 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 the User Content into various formats. SlidePresenter is entitled to do so to the extent necessary for the performance of the Services.

Furthermore, if the user sets this accordingly in the settings of his presentations, user content can also be publicly displayed on third-party pages and interfaces 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 Irrespective 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 aforementioned rights, SlidePresenter does not receive any rights to exploit the content. The user is further entitled to exploit his content on his own responsibility outside SlidePresenter. SlidePresenter may transfer the rights granted for the performance of the services to third parties to the extent necessary for the performance of the services.

7 Usage fees and method of payment

7.1 Upon commissioning, the license fees, prices and other remuneration listed in the commissioned offer shall apply. All prices are subject to the applicable statutory value added tax. The invoice amount results from the sum of the prices of the individual services in the billing period as well as other components agreed for the price calculation.

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

7.3 If a customer is in default with his payment obligations and SlidePresenter has granted the customer a grace period of 4 weeks in writing for payment and this grace period has expired without success, 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. The flat-rate reminder fee according to §288 paragraph 5 BGB in the amount of 40 Euro shall be paid. Should the default result in additional costs beyond the 40 Euro flat-rate reminder fee, SlidePresenter reserves the right to charge additional costs accordingly.

8. termination rights of SlidePresenter and the customer

8.1 SlidePresenter may terminate the contract without notice and block the account in the event 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 the rights of other customers or third parties, in particular the violation of industrial property rights, violations of competition law, violation of copyright usage rights or personal rights of third parties

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

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 relation to SlidePresenter, the User is also responsible for content provided by third parties but broadcast via the User's services. 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 comply with the applicable laws, these Terms and Conditions and common decency. In particular, he agrees that he:

• not transmit any content or files to or via SlidePresenter, the reproduction of which constitutes a violation of copyrights, trademark rights or other industrial property rights, violations of competition law or violations 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 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 comply with 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 competition law and data protection law, when using the personal data obtained via the platform, such as names, e-mail addresses and the like;
• does not use SlidePresenter for pornographic, child-endangering, national socialist, violence-glorifying, racist or similar content;
• only offers User Content for which it has any necessary authorization under public law;
• does not himself publish, exploit, publicly reproduce, duplicate, distribute, perform, present or make publicly accessible, broadcast, retransmit, make perceptible by means of image or sound carriers, reproduce in the form of radio broadcasts or public access, edit or transform any User Content without the consent of the respective rights holder.

9.3 SlidePresenter reserves the right, but assumes no obligation, to delete or block the User's content if the User's content violates these obligations or violates the law or the Terms and Conditions. This also applies if a violation is suspected. SlidePresenter may delegate this right. In the event of an infringement, SlidePresenter is also entitled to terminate the user agreement immediately. Any further claims remain unaffected.

9.4 The user or customer shall indemnify SlidePresenter against all claims asserted by third parties against SlidePresenter due to the infringement of their rights, in particular personal rights, copyrights, license rights, competition rights or other property rights based on user content. The expenses to be reimbursed include the costs of necessary legal defense, including all court and attorney's fees in the statutory amount. The user or customer is obliged to immediately, truthfully and completely provide all information necessary for the examination of the claims and a legal defense.

10. reference use

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

11. data protection

11.1 By default, SlidePresenter does not store personal data of viewers in accordance with the GDPR.

11.2 SlidePresenter collects user data in the course of processing contracts. SlidePresenter complies with 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 customer's consent, SlidePresenter will only collect, process or use inventory and user data to the extent necessary for the execution 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 the user's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed at any time on the SlidePresenter website via the "Privacy Policy" page (slidepresenter.com/datenschutzerklaerung/).

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

12 Support

12.1 Each user may use the online help center free of charge for independent support via the instruction videos provided there.

12.1.2 By ordering a paid license package, the customer can also 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 of availability and response times.

13 Warranty and liability

13.1 Claims for damages by users and customers are excluded. Excluded from this are claims for damages arising from injury to life, body or health or from the breach 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. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

13.2 In the event of a breach of material contractual obligations, SlidePresenter shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless SlidePresenter's claims for damages are based on injury to life, body or health.

13.3 SlidePresenter shall not be liable for damages resulting from data transmission errors, data loss or the incorrect display of a database entry, unless they are caused by willful misconduct or gross negligence on the part of SlidePresenter or SlidePresenter's legal representatives or vicarious agents.

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, SlidePresenter may assume individually definable service levels via optional additional agreements for a fee.

13.5 The elimination of malfunctions and the performance of maintenance work may make it necessary to interrupt the availability of the offer. In this case, SlidePresenter shall inform the customer in good 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 a valid or enforceable provision that comes closest to the legal intent of the invalid or unenforceable provision and is still valid.

14.2 These Terms and Conditions and the entire legal relationship between the customer and SlidePresenter shall be governed by the laws of the Federal Republic of Germany.

14.3 With respect to legal entities, special funds under public law and merchants, the place of jurisdiction for all legal disputes arising shall be Frankfurt am Main. 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 under the contract in whole or in part. The customer will be informed by SlidePresenter one month before the transfer; he may object to the transfer by declaration to SlidePresenter within the month. The objection has the effect that the customer contract can be terminated extraordinarily. Possible share majorities and transfers within the EMU are excluded from this.