General terms and conditions
a) These General Terms and Conditions ("GTC") govern the legal relationship between Evulpo AG, Zurich, (hereinafter "Evulpo") and its customers ("customers") for the services of Evulpo on the online portal of Evulpo.com (section 2(a)). These GTC shall form an integral part of the contract concluded between Evulpo and the customer ("Contract") and of the legal relationship between Evulpo and the customer in general. A contract between Evulpo and the customer shall only be concluded upon confirmation of registration by Evulpo.
b) Evulpo reserves the right to amend these GTC at any time. Amendments to these GTC shall be notified to the customer in an appropriate manner. The changes offered shall only become effective if the customer accepts them. If the customer does not accept the changes, Evulpo reserves the right to terminate the contract in accordance with section 8 (a) and (b) at the next possible time.
a) Evulpo offers services on Evulpo.com that are partly free of charge and partly subject to a charge ("Services"). The obligation to pay for certain services (such as video tutoring, statistics or the platform's freedom from advertising) results from the information on Evulpo, including the price list available there.
b) The services are intended exclusively for personal use by natural persons for private purposes. Any further or different use, in particular the automated retrieval of information and its distribution in other systems, is not permitted.
c) Evulpo reserves the right to change, update or modify the Services (or any part thereof) at any time, temporarily or permanently, without notice, provided that such change, update or modification does not affect the usability of the Services for the Customer.
a) Without membership, only selected content can be accessed.
b) Membership is non-transferable and reserved for natural persons.
c) In the case of underage clients, the conclusion of membership requires the consent or approval of the legal representative.
d) The registration of a user account requires the provision of a first and last name, a valid e-mail address as well as the current school level and school district. The customer undertakes to use his access data in accordance with the contract and not to make them accessible to third parties without the express consent of Evulpo. The customer shall be responsible for the protection of its access data, and actions using the access data shall be deemed to be actions of the corresponding customer, insofar as the customer could have prevented the actions of the third party by exercising due diligence.
e) The customer confirms that all information provided to Evulpo during registration is correct, complete and up-to-date. The customer shall update this data during the term of the membership in the event of changes.
a) The customer agrees to pay the fees for the membership. The price lists current at the time of concluding the membership apply and can be viewed at evulpo.com.
b) The agreed fees shall become due in advance upon conclusion of the contract as a monthly or annual payment. A separate invoice by Evulpo is not required.
c) Payment is made by credit card. The debit shall be made immediately. If the debit fails for reasons for which the customer is responsible (e.g. insufficient funds), the customer shall bear any costs incurred. Should the customer fail to meet his payment obligations, Evulpo may temporarily or permanently block access until full payment has been made. The customer must also pay reminder fees after default has occurred.
d) If the customer has claimed a discount for the first period, e.g. a voucher, a discount or similar, the regular price at the time of the conclusion of the contract is due in the event of a renewal. Discounts cannot be cumulated with each other or with other discounts.
e) By authorising Evulpo to charge the customer with membership fees, Evulpo shall also be authorised to charge any other separately incurred fees in connection with the membership, including renewal fees for subsequent terms. In the case of a credit card payment, the customer authorises the card issuer at the same time to pay these amounts to Evolpo. If payment details are no longer valid, the customer must provide Evulpo with updated information.
f) Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. We will email you before the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
g) Cancellation. Your cancellation rights, and the steps for how to cancel your free trial, will be disclosed to you at the start of your free trial via your registered email.
a) Evulpo shall pay compensation for damages or reimbursement of futile expenses, irrespective of the legal grounds (e.g. from contractual and quasi-contractual obligations, material defects and defects of title, breach of duty and unlawful acts), only to the extent set out below; otherwise liability is excluded:
i) Liability in the event of intent, fraudulent intent, gross negligence and under guarantee is unlimited.
ii) In the event of a breach of a cardinal obligation due to simple negligence (obligation the fulfilment of which is a prerequisite for the proper performance of the contract, the observance of which the contractual partner regularly relies on and may rely on, and the breach of which jeopardises the achievement of the purpose of the contract), Evulpo shall be liable in the amount of the typical damage foreseeable at the time of conclusion of the contract.
b) In the event of injury to life, limb and health and in the event of claims under the Product Liability Act, the statutory provisions shall apply without restriction.
c) Any declarations made by Evulpo in the context of the provision of services, such as recommendations, forecasts, expectations and the like, can in no way be understood as an assurance, warranty or guarantee.
d) Evulpo shall not be liable for service disruptions that occur for technical reasons for which Evulpo is not responsible (e.g. faulty hardware/software, maintenance work) or for reasons for which Evulpo is not responsible (e.g. force majeure, epidemics, pandemics, third-party influence).
a) The services or the digital contents of Evulpo.com as a whole or in parts are subject to copyright protection. Evulpo grants the customer a non-exclusive, non-transferable and non-sub-licensable right to use the services or the digital content of Evulpo.com to the extent specified in these GTC or the mandatory law. The customer undertakes not to infringe the copyrights when using these works, in particular not to redistribute, process, reproduce or otherwise transfer the works and make them accessible to others without the express written consent of Evulpo.
a) Evulpo and any third parties involved in the performance of the contract shall collect, store, process and use the necessary data of the customers for the purpose of fulfilling the contractual relationship in accordance with the data protection declaration and in compliance with the provisions of data protection law.
a) The term of the paid membership is one month or one year, depending on the subscription. The membership is automatically renewed after expiry for a further month or year if it is not cancelled in good time by Evulpo or the customer.
b) The cancellation must be made at least one day before the end of the respective term. The customer must give notice of termination in his user account under the item: Dashboard > Settings > Billing overview. The cancellation is only legally valid if it is made directly in the billing overview.
c) The right of both parties to terminate without notice for good cause shall remain unaffected. Evulpo shall in particular be entitled to terminate the contract extraordinarily without notice and/or to temporarily block the customer's account if the customer is in default with a payment obligation, transfers the user account, makes the access data accessible to third parties without the prior consent of Evulpo or violates other obligations arising from the contract.
a) Provisions deviating from these GTC shall only be effective if they have been expressly accepted by Evulpo in writing.
b) The customer may not assign rights and obligations arising from the contractual relationship to third parties or transfer the contractual relationship to a third party without the prior written consent of Evulpo.
c) Should any provision of these GTC or of the contract be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by the respective applicable statutory provisions.
a) All legal relations between Evulpo and the customer shall be governed by substantive German law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
Version from 8.12.2022
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