of LectioPro GmbH
As of: 01/01/2022
In the following you will find the General Terms and Conditions of Business and Use (hereinafter referred to as GTC) of LectioPro GmbH. These regulate the contractual relationship between the parties:
- represented by the managing director Matthias Gröger -
(hereinafter referred to as the provider)
the user of the InstaPro service (
hereinafter referred to as the user)
All notifications to the provider must always be made in writing by email or mail.
74906 Bad Rappenau
The provider can also inform the user of changes to the contractual conditions (conditions, prices, etc.) and technical matters in a legally binding manner by email. The standard email address stored by the user at LectioPro is relevant for this.
The use of InstaPro is also regulated by the InstaPro guidelines and the copyright clause. Furthermore, a separate and separately confirmed anti-spam agreement becomes part of this contract.
The offer of the provider is only aimed at commercial and self-employed natural and legal persons. It is expressly not aimed at consumers within the meaning of the law (Section 13 of the German Civil Code).
The user has the option at any time to call up, print out, download and save these terms and conditions, the InstaPro guidelines, the copyright clause and the anti-spam agreement via LectioPro.
Sec. 1 Scope of Application
The current version of the terms and conditions applies to all current and future legal relationships between the provider and the user, insofar as these legal relationships are in connection with InstaPro. Extensions or restrictions of the terms and conditions on the part of the user are excluded.
Use of InstaPro without consent to these GTCs is prohibited, as is use by circumventing the access channels provided for this purpose.
The provider grants all registered users a simple right to use InstaPro for the duration of the contract.
By registering, the user expressly agrees to these terms and conditions.
§2 Subject of the contract
The provider operates web-based maintenance software, which is made available to the user as an ASP service. This means that the maintenance software is not bought by the user, but rather rented. The provider provides the technical platform for in-house maintenance management. The successful application of this technical platform is the sole responsibility of the user.
The user pays a usage fee corresponding to the term of the contract. After receipt of payment, the service will be activated accordingly. The amount of the usage fee as well as the corresponding scope of services depends on the requirements of the user.
§ 3 Registration
Only legal natural persons with unlimited legal capacity are permitted to register. When registering legal persons, the name of the natural person authorized to represent must be given.
The user assures that all data provided by him during registration (hereinafter: user data) are true and complete. Furthermore, the user is obliged to notify the provider immediately of any changes to his user data.
§ 4 Password
In the course of the registration process, the user must set a personal password himself in order to be able to log into InstaPro.
The user is obliged to keep his password secret in order to prevent misuse of his data. In return, the provider ensures that the password will not be passed on to third parties and that the user will not be asked for it at any time.
Should data abuse nevertheless occur, the user is obliged to notify the provider immediately.
§ 5 Conclusion of contract
By placing an order in writing, the user submits a binding offer to the provider to conclude the contract for the use of InstaPro.
The provider accepts this offer by sending a confirmation email in which the user receives his personal access data. Thus, the contract has come into effect.
§ 6 Payment
The usage fee corresponding to the term is due for payment immediately upon conclusion of the contract for the entire agreed term.
The user fee can only be paid using the payment systems offered by the provider. For this purpose, the user must initiate a corresponding order to settle the outstanding invoice after the conclusion of the contract.
If a fee cannot be debited, the user shall bear any resulting costs, in particular bank fees in connection with returned debit entries and similar fees, to the extent that they are responsible for such occurrence.
§ 7 Prices / price changes / invoices
The price agreed and offered in writing is relevant for invoicing. The prices listed are net prices. Added to this is the statutory sales tax of currently 19%. For individual services from the provider, a separate agreement on the fee must be made in the form of a written offer.
The provider reserves the right to change prices. The user receives a corresponding information email 30 days before a price change occurs to the standard email address stored with LectioPro.
The provider sends all invoices to the user by email to the standard email address stored with LectioPro.
§ 8 Duration of the contract
The contract term extends to the minimum usage period booked by the user. Thereafter, the user either extends the subscription by paying a usage fee corresponding to the extension period booked, or the term is automatically extended by 12 months, unless canceled in writing at least 2 months before the end of the term.
§ 9 Termination of the contract
An express declaration of termination is required for the ordinary termination of the contract by the user at the end of the minimum usage period or subsequently at the end of an extension period. If the user does not terminate the contractual relationship in writing at least 2 months before the end of the term, the contract is automatically extended by 12 months.
The provider, on the other hand, can properly terminate the contract without giving reasons with a notice period of 30 days to the end of the booked minimum usage period or afterwards to the end of an extension period. In this case, the notice of termination must be made in writing.
The right of both parties to terminate the contract for an important reason shall remain unaffected.
An important reason for the provider exists in particular if there are facts on the basis of which the provider cannot be expected to continue the contractual relationship until the agreed termination of the contractual relationship, taking into account all the circumstances of the individual case and weighing the interests of both contracting parties.
A reasonable cause includes the following events:
- User violation of applicable law
- Violation of the user against these terms and conditions
- Violation of InstaPro guidelines
- Anti-spam agreement violation
- Possible loss of image of the provider due to the contractual relationship with the user (a loss of image can be assumed, for example, if the user disseminates defamatory criticism of the provider.)
If there is an important reason, the provider can take the following measures regardless of termination without notice:
- Blocking of the user account
- Issuance of a warning
In the event of termination, the user account including all personal data stored by the user will be irrevocably deleted after a period of 30 days. If the user wishes his data to be deleted immediately, he can notify the provider of this.
§ 10 Reimbursement of fees already paid
The right of the user to reimbursement of fees already paid is fundamentally excluded, in particular if:
- the provider cancels without notice for an important reason
- the provider blocks access to the user account for an important reason
§ 11 Loss of use and maintenance work
The provider endeavors around the clock to avoid disruptions and downtimes. Nevertheless, the provider is also dependent on server providers and network providers, among other things, so that there may be disruptions that are not the responsibility of the provider. In this respect, the provider does not accept any liability for the possibility of permanent use.
In the event of a significant loss of use, which is the responsibility of the provider, the provider decides at its reasonable discretion and in accordance with the principles of good faith to issue the user with a credit for the fee paid for the relevant period of use.
The provider will carry out scheduled maintenance work. If possible, these are carried out at times with statistically low access rates. During maintenance work, there may be functional restrictions on the services offered. If possible, the user will be informed about such measures in advance by email. The standard email address stored by the user at LectioPro is relevant for this.
The maintenance work does not count as a disruption or loss of use in the sense of the above paragraph.
§ 12 disruption of the provider's services
In connection with the use of InstaPro, the user undertakes not to interfere in any way with the functionality of InstaPro or to access content in a disruptive manner. Even the attempt is punished as a gross breach of duty and constitutes an extraordinary reason for termination within the meaning of § 9 of these terms and conditions. Furthermore, measures for purposes other than those intended are prohibited, which could overload InstaPro in an unreasonable manner.
§ 13 Modification of the services by the provider
The provider reserves the right to further develop, change or remove individual features of InstaPro to a reasonable extent for the user.
§ 14 Limitation of liability
Claims for damages - for whatever legal reason - against the provider (including its vicarious agents), which require slight negligence, exist only if a material contractual obligation / cardinal obligation has been violated.
Claims for damages are limited in this case to the amount of the typically foreseeable damage.
§ 15 Exemption
The user releases the provider from all claims, including claims for damages, that other users or other third parties assert against the provider due to a violation of their rights through the content posted by the user in InstaPro. The user also releases the provider from all claims, including claims for damages, that other users or other third parties assert against the provider due to the violation of their rights through the use of the provider's services by the user. The user assumes all reasonable costs incurred by the provider due to a violation of the rights of third parties, including the reasonable costs incurred for legal defense. All further rights and claims for damages from the vendor are not affected.
The aforementioned duties of the user do not apply if the user does not represent the relevant legal damages.
If third party rights are infringed by the user's content, the user shall, at the provider's discretion and at the user's own expense, procure for the provider the right to use the content or render the content free of proprietary rights. If the user violates the rights of third parties through the use of the provider's services, the user will immediately cease the use in violation of the contract and / or illegal upon request by the provider.
§ 16 Data protection / data security
The provider attaches great importance to the protection of the user's privacy. The collection of the data takes place naturally within the framework of the legal regulations. All information will not be disclosed to any third party without your consent.
Due to the nature of the Internet, the provider cannot guarantee 100% data security, especially when transmitting data, according to the current state of the art. The user is therefore responsible for the risk of data transmission over the Internet and storage of the data on servers accessible on the Internet.
Furthermore, the provider can view, change and delete the user's data under strict confidentiality and exclusively for the purposes of technical administration, troubleshooting and billing.
Further details on data protection and data security can be found in the data protection declaration.
§ 17 Written form / applicable law / place of jurisdiction
All declarations made in the course of this contractual relationship must be made in writing (letter, email, fax) to be effective.
German law applies to the exclusion of international private law and the UN sales law incorporated into German law.
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 the Heilbronn Regional Court. The place of delivery and fulfillment is the seat of the provider.
§ 18 Amendment of the GTC / severability clause
The provider reserves the right to change these GTC at any time and without giving reasons. The changed conditions will be sent to the user by email no later than two weeks before they come into effect. The standard email address stored by the user at LectioPro is relevant for this. If the industry participant does not contest the validity of the new terms within two weeks after notification, the amended terms shall be deemed accepted. The provider will inform the user of the importance of this two-week period in the email containing the changed conditions.
Should individual provisions of these terms and conditions be wholly or partially invalid, the validity of the remaining provisions remains unaffected. The ineffective provision should be replaced by that effective provision whose effects come as close as possible to the economic objective originally pursued by the contracting parties.
B. InstaPro guidelines
The InstaPro guidelines contain important working principles and the principles of fair business conduct.
In particular, when working and uploading data to InstaPro, the following instructions must be observed:
Only such content may be uploaded, stored, kept ready for retrieval and / or transmitted or distributed for which the user has the necessary rights (in particular copyrights, ancillary copyrights and other intellectual property rights) and which do not infringe the rights of third parties. In particular, the user must have any necessary copyrights and ancillary copyrights or usage rights that also cover use by third parties. The creation and distribution of pirated copies or copies that go beyond the copyrights granted by the respective author or legal copyrights are prohibited. The user has to inquire about any intellectual property rights before uploading, saving, keeping ready for retrieval and / or transmitting or disseminating content and, if in doubt, waive this.
Every InstaPro user bears full responsibility for their activities when using it. This applies in particular to the content uploaded by him, stored on a provider server, held ready for retrieval and / or transmitted or disseminated.
The user may not misuse InstaPro, in particular not intentionally or negligently for the illegal transmission and / or distribution of content.
User activities that are aimed at rendering the provider's website inoperable or at least making it more difficult to use are prohibited and can be prosecuted under civil and criminal law.
The user undertakes to comply with the applicable youth protection regulations. In particular, it is forbidden to upload, save, keep ready for retrieval, transmit or disseminate messages, data or content that are illegal, in particular with offensive, violence-glorifying, racist, discriminatory or pornographic content. In particular, content that
- Contains unlawful pornographic or obscene material;
- Glorifies war, terror and other acts of violence;
- are likely to seriously endanger the morals of children or adolescents;
- portray people who are dying or are subject to severe physical or mental suffering in a manner that violates human dignity and/or reproduce an actual event without there being an overriding legitimate interest in precisely this form of reporting;
- Incite hatred against parts of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by maliciously and contemptuously insulting parts of the population or one of the aforementioned groups made or slandered;
- Describe cruel or otherwise inhuman acts of violence against people or animals in a way that glorifies or belittles such acts of violence or that depicts the cruel or inhuman nature of the process in a manner that is dignified;
- are capable of defaming, insulting, threatening or maligning others;
- harass another person or encourage harassment;
- support the sexual or violent exploitation of persons;
- Ask minors to provide personal information;
- Support an illegal or unauthorized copy of another person's copyrighted work, for example by providing illegal computer programs or links to illegal computer programs, information on bypassing factory copy protection devices and illegal copies of music, or links to illegal copies of music;
In addition, the use of offensive content and other representations whose illegality is suspected but cannot be conclusively determined is prohibited.
If these guidelines are violated, the content concerned will be deleted or made inaccessible without prior notice and legal action taken against the person in question. If a third party threatens or starts a legal dispute about the content of a user, the provider can block the user account as a precautionary measure until it has been clarified in order to prevent damage.
The content and works created by the provider are subject to German copyright law.
Copying, editing, distribution and any use of the contents outside the limits of the copyright laws require written consent from the author or creator. Third party copyrights must be taken into account insofar as the content of this page was not created by the operator. In particular, third-party content will be identified as such.
However, if you become aware of any copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.