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GTC

General Terms and Conditions for the use of Rhetorican

General Terms and Conditions

§ 1. Introduction

Rhetorican, which is a product of Rhetorican UG (haftungsbeschränkt), pursues a great vision: We want to enable everyone to develop into the speaker and dialogue partner they have always wanted to be and thus be able to express and convey everything they want to with intelligence and all rhetorical stylistic devices. We focus on theoretical knowledge transfer on the one hand and practical practice on the other - all online. Rhetorican is characterised by the fact that the strong and benevolent community supports each other on the way to becoming a true "Rhetorican" and that everyone is and remains motivated on the path of personal growth. We look forward to welcoming you as part of the Rhetorican community. The following terms and conditions set out the legal framework for the use of Rhetorican and the services we offer. Please read these terms and conditions carefully. You can access and print out the currently valid General Terms and Conditions at any time on our website.

§ 2. Scope of the provisions (GTC)

2.1 Contractual partner and subject matter of the contract

These General Terms and Conditions (hereinafter: "GTC" or "Provisions") form the basis for the contract of use that is concluded between you and us, Rhetorican UG (haftungsbeschränkt), Oderweg 23, 88512 Mengen (hereinafter: "us" or "we"). The subject matter of this contract is the use, for a fee or free of charge, of the other Rhetorican websites (hereinafter individually referred to as "Rhetorican" or "Rhetorican Services") operated by us under the name Rhetorican via our website www.rhetorican.de and/or www.rhetorican.net. The Terms apply to all users of the Website, including users who also contribute video content, information and other materials or services to Rhetorican.

2.2 Requirements for participation

In order to open a user account and use the Rhetorican services, you must be 18 years of age and have full legal capacity. Rhetorican is aimed exclusively at consumers. A consumer is defined by law as any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. The use of Rhetorican for commercial or other commercial purposes is expressly prohibited. In order to use the Rhetorican services, you must therefore agree to the terms and conditions. You may not use the Rhetorican Services unless you accept the Terms. You may accept the Terms simply by using the Rhetorican Services. You acknowledge and agree that we will treat your use of the Rhetorican Services as acceptance of the Terms from that point forward. You may not use the Rhetorican Services or accept the Terms if you are barred or otherwise prohibited from receiving or using the Rhetorican Services under the laws of the jurisdiction in which you reside or from which you access or use the Rhetorican Services. You should print or save the Terms locally for your records.

2.3 Language of the provisions

The contract language is German. If we provide you with a translation of the German language version of the provisions, this is for your convenience only. The German language version shall always be authoritative for your relationship with us. If there are any inconsistencies or contradictions between the German language version and a translated version, the German language version shall prevail.

2.4 Supplementary conditions

We reserve the right to agree supplementary terms and conditions for individual Rhetorican services. However, we will inform you of this in good time before use. You should check the terms and conditions at regular intervals.

§ 3. Rhetorican services and prices

3.1 Free and paid services

The possibilities and scope of the Rhetorican services included in Rhetorican and available to you depend on whether you use the Rhetorican services for a fee or free of charge. If you use Rhetorican free of charge, you only have access to certain basic functions and information. An extended range of functions is available to you if you make a separate one-off payment for Rhetorican or have it activated as part of a subscription. Please note that tools or technical devices (smartphone, tablet, notebook or PC with screen, webcam, speakers/speakers, camera and microphone, internet connection, etc.) are required to fully utilise our services. These are not part of the Rhetorican services and may have to be purchased or provided by you separately and at your own expense.

3.2 Prices

Please refer to the website www.rhetorican.de or www.rhetorican.net for information on the current price and subscription models and the services that can then be used. All prices quoted include the applicable sales tax or value added tax.

§ 4. User account

4.1 Login process/registration process

To use the Rhetorican services, you must first register and open a user account. When you set up your user account, you must provide accurate and complete information. It is important that you keep your Rhetorican account password secure and confidential. As part of the registration process, you will be asked to accept these General Terms and Conditions and the Privacy Policy. Once you have registered, for security reasons we will first send you an email asking you to verify your registration by clicking on the "Confirm account" button. After confirming the field, you will be forwarded to a website where we will finally confirm the registration. Only then is the login and registration process complete. Alternatively, you also have the option of logging in and registering with your Facebook or Google account. In this case, the registration process is complete when you have entered your Facebook or Google account details and then clicked on the "Confirm" button. You must notify us immediately of any breach of security or unauthorised use of your Rhetorican user account of which you become aware. You agree that you will be solely responsible (both to us and to others) for all activities that occur under your Rhetorican account.

§ 5. Conclusion of contract

How the respective contract is concluded depends on the way you register for Rhetorican for the first time and whether you make use of additional paid services.

5.1 Registration on the Internet at www.rhetorican.de or www.rhetorican.net

If you register via our website www.rhetorican.de or www.rhetorican.net, the user contract between you and us is concluded after the registration process has been completed.

5.2 Conclusion of contract for paid one-off additional services or subscriptions

You can purchase individual additional services either by paying a one-off amount or as part of a subscription. If you purchase additional services via our website www.rhetorican.de or www.rhetorican.net, the contract is concluded when you click on the "Buy now" field or a comparable field and have successfully entered your payment information.

5.3 Correction of input errors

If you wish to purchase a one-off additional service or a subscription on our website www.rhetorican.de or www.rhetorican.net, you can cancel the process at any time and correct any input errors until you have successfully entered your payment details.

§ 6. Term

6.1 Contract of use

The licence agreement concluded between you and us when you open your user account is valid for an indefinite period.

6.2 Premium subscriptions

Our Premium subscriptions are offered with different minimum terms and are automatically extended by the period of the last selected minimum term until cancelled by you or us. Please note that the duration of a Premium subscription is based on the calendar and is independent of the duration and scope of your use of the respective Rhetorican service.

6.3 One-off additional services

One-time additional services can be offered for a fixed term. In this case, they end automatically upon expiry without the need for cancellation. Please note that the duration of a subscription is based on the calendar and is independent of the duration and scope of your use of the respective Rhetorican service.

§ 7. Terms of payment

7.1 Collection of fees

When purchasing or acquiring additional services subject to a fee by paying a one-off amount, the fees are collected upon conclusion of the contract. When purchasing or acquiring a premium subscription, the fee is collected in advance at the time the contract is concluded for the minimum term specified in each case. If the subscription is renewed automatically, the fee will be collected in advance at the beginning of the respective renewal period.

7.2 Default

We reserve the right to assert further claims for late payment.

§ 8. Means of payment

If you purchase Rhetorican services for a fee via our website www.rhetorican.de or www.rhetorican.net, you will be billed via the respective provider you choose. We use the payment service provider Paypal for payment. We also use the payment provider Stripe for the payment methods "credit/debit card" and "SOFORT bank transfer". When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order, we will automatically request PayPal to initiate the payment transaction, which will then be carried out automatically. If we incur costs and/or expenses if a payment is rejected and you are responsible for this (e.g. because the account is not covered or the credit card limit has already been exhausted), we are entitled to charge you for the actual costs and/or expenses incurred. We reserve the right not to offer certain means of payment and to refer to other means of payment if there is a justified reason for each purchase.

§ 9. Right of cancellation

9.1 Cancellation policy

If you conclude a contract of use or a contract for a subscription or a contract for a one-off additional service with us, you are entitled to the following right of cancellation. You have the right to cancel the contract within fourteen days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. To exercise your right of cancellation, you must inform us: MOSOS UG (haftungsbeschränkt) Am Bahnhof 12 88437 Maselheim info@rhetorican.de of your decision to cancel the contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form attached here in the GTC, but this is not mandatory. You can print out/write the sample cancellation form or another clear declaration and send it to us by email or post. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email). To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees or charges for this repayment. If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the service provided for in the contract.

9.2 Sample form for your cancellation

You can (but do not have to) use the following cancellation form for your cancellation, which you can send to us by post or email. If you wish to cancel the contract, please complete this form and send it back to us: MOSOS UG (haftungsbeschränkt) Am Bahnhof 12 88437 Maselheim info@rhetorican.de

------ Beginning of the cancellation policy ------

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods/the provision of the following service (*):

Ordered/received on (*):_____________________

Name des/der Verbraucher(s):____________________________________

Anschrift des/der Verbraucher(s):_______________________________________________________

Email-Adresse des Verbrauchers (Rhetorican-Nutzerkonto-Emailadresse):__________________________________________

Date: ___________________ Signature of consumer(s):____________________

(*) delete as appropriate

------ End of the cancellation policy ------

9.3 Expiry of the right of cancellation

In the case of a contract for the provision of services, the right of cancellation shall also expire if we have provided the service in full and have only started to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation if we have fulfilled the contract in full. In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of cancellation shall also expire if we have started to perform the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation upon commencement of the performance of the contract.

§ 10. Special offers and promotions

We regularly offer various special offers, promotions and sales campaigns, such as discounts. Rhetorican users find out about the promotions via the newsletter and are informed about the status. The promotions are not a fixed part of the offer and are usually limited in time and/or number. There are separate conditions for the promotions, which can be viewed and accessed under Information and Participation.

§ 11. General restrictions on use

11.1 General

We hereby grant you permission to access and use the Website and the Services subject to the express terms and conditions set out below. You further agree that any deviation from any of these terms shall constitute a breach of this Agreement by your part:

a) You agree not to distribute any part or parts of the Website through any medium without our prior written authorisation. This includes, but is not limited to, any User Submission (as defined below).

b) You agree not to alter or modify any part of the Website or any of the Services (including, but not limited to, the Rating System and its associated technologies).

c) You agree not to access any User Submissions (as defined below) or other Content (including Rhetorican Content as defined below) made available on the Site through any technology or means other than the video playback pages of the Site itself or such other means as we may expressly designate for such purpose.

d) You agree not to circumvent (or attempt to circumvent), disable or otherwise interfere with any security-related features of the Site or any such features that prevent or restrict the use or reproduction of any User Submissions or Rhetorican Content or ensure limitations on the usability of the Site or any content accessible through the Site.

e) You agree not to use the Site or any Services for any commercial purpose without our prior written authorisation. Prohibited commercial uses include, but are not limited to

  • reselling access to the Website or any of the Services on another website for the primary purpose of generating advertising revenue; and

  • the resale of the Services (including any transmission of use accessible through such Services) for the primary purpose of generating revenue from substantially similar or comparable commercial endeavours to those of Rhetorican.

  • However, this does not include the practice of a pitch or the presentation of your person/your company/your product that primarily serves the purpose of practising rhetoric and any use that is expressly authorised by us in writing.

f) You agree not to collect or harvest any personal data of any user of the Website or any of the Services.

g) You agree not to use the Website or the Services (including the comments and email features of the Website) for the purpose of soliciting business in connection with any trade or commercial enterprise.

h) You agree not to contact any user of the Website about their user submissions in pursuit of commercial purposes; and

i) You agree to access user videos only in the form of streaming and rating and for no other purposes than purely personal, non-commercial use and only to the extent permitted by the normal functionality of the Rhetorican Services. "Streaming" means a simultaneous digital transmission of the material via the Internet by us to a user-operated Internet-enabled device in a manner in which the data is intended for real-time viewing, but not for (permanent or temporary) downloading, copying, storage or redistribution by the user.

j) You agree to comply with all other terms and conditions and the Rhetorican Policies at all times while using the Rhetorican Services.

11.2 Constant updating

We are constantly updating Rhetorican to provide you with the best possible experience. You acknowledge and agree that the form and nature of the Rhetorican services may change from time to time without notice to you.

11.3 No claim to perpetuity of the user relationship

You acknowledge and agree that Rhetorican, as part of this continuous renewal, may, in its sole discretion, cease (temporarily or permanently) to provide the Rhetorican Services (or features within the Services) to you or users generally without prior notice to you. You have the right to stop using Rhetorican at any time. You do not need to specifically notify us when you stop using the Services.

11.4 Exclusive responsibility

You agree that you are solely responsible (and that we are not responsible to you or any third party) in connection with and for the consequences of any breach of your obligations under the Terms (including any loss or damage suffered by us as a result).

§ 12. Your User Submissions

12.1 Definitions

As a User Account holder with us, you may submit video footage ("User Videos") and textual comments ("User Comments") (collectively, "User Submissions"). You acknowledge that regardless of whether such User Submissions are published, we do not guarantee confidentiality of any User Submissions.

12.2 Ownership rights for User Submissions

You retain all ownership rights to your User Submissions. Notwithstanding the foregoing, you are required to grant us and other users of the Website limited rights of use. These are described in more detail in section 15 of these Terms (Rights you grant).

12.3 General responsibility for your usage transmissions

You acknowledge and agree that you are solely responsible for your User Submissions and the consequences of your postings or publications. We do not adopt or endorse any User Submissions, or any opinions, recommendations or advice contained therein, and we expressly disclaim any and all liability in connection with User Submissions. You represent and warrant that you have (and will have for the entire period of your use of the Rhetorican Services) all necessary licences, rights, consents and permissions necessary for us to use your User Submissions for the purpose of providing our Rhetorican Services and otherwise making use of your User Submissions in the manner set out on the Website and in these Terms. We will process any audio or audiovisual content uploaded by you to the Rhetorican Services in accordance with the Rhetorican Data Processing Terms (www.rhetorican.de/privacy), except where you have uploaded such content for the purposes of carrying out personal or family activities.

§ 13. Responsibility and content of your user submissions

13.1 Your responsibility

You are solely responsible for the content you upload within our services. We do not adopt this content as our own and do not review it.

13.2 Overview of prohibited content

You agree that your behaviour when using the website (and the content of all user submissions by you and your account) will be in accordance with the following and now listed guidelines for user submissions, whereby you must observe the following points, which apply to any public speech area as well as private speech areas and comments and may not appear in the background, i.e. behind or next to the person giving the speech:

a) No uploading/recording/creating dangerous or harmful content You must not upload videos that encourage other users to take actions that could cause them serious harm. This includes video content that depicts or encourages potentially harmful or dangerous behaviour.

b) No uploading/recording/creating hateful content and/or content that contains insults, harassment, defamation, cyberbullying and threats We at Rhetorican are a benevolent, intercultural and friendly community. We reflect this in our video content, even though we value and respect freedom of expression. However, or precisely because of this, it is not okay for us if content and opinions such as the following are posted in videos or comments that: - advocate, condone or approve of violence against groups or individuals on the basis of race or ethnic origin, religion, disability, gender, age, nationality or sexual orientation or gender identity, or whose primary purpose is to incite hatred on the basis of these characteristics, - has offensive content, harasses other persons and/or constitutes defamation or cyberbullying, - constitutes a form of stalking, threats, intimidation, reckless behaviour, - contains personal data of any kind of other persons or constitutes incitement to violence or violation of the terms of use.

c) No uploading/recording/authoring of copyrighted material It is in your interest to respect and comply with copyright laws. Only upload videos that you have produced yourself and/or that you have all the necessary rights to use. Therefore, do not upload any videos from third parties or any content in your own videos that belongs to another copyright holder, e.g. excerpts from copyrighted material such as programmes or videos or music produced by third parties, unless you have the necessary authorisation to do so.

d) No uploading/recording/writing of questionable content such as nudity or sexual content We do not support pornographic or sexually explicit content. If it does, it must not be posted on Rhetorican. Even if it shows yourself.

e) No uploading/recording/writing of private or professional secrets It is in your interest not to upload or say anything that reveals private or professional secrets. Special care must be taken to ensure that nothing of this kind appears in the background, i.e. behind or next to the person speaking.

f) No uploading/recording/writing of cruel or violent content It goes without saying that no violent or cruel content may be published in our community. If you present explicit content that has a current or historical or documentary informal content, please make sure to provide sufficient and adequate information so that the viewer can properly categorise your video content. You may not encourage anyone to commit an act of violence, nor may you condone or advocate an act of violence.

g) No uploading/recording/creating content that is fraudulent, or content that is for sale or contains spam or is spam You may not create misleading descriptions, titles or video content or include links that are intended to encourage sales to other sites or promote your service. The focus of this platform is to improve your rhetorical skills and not to increase your sales or number of customers. The only exception is the chapter "The Pitch" in the "The Right Presentation" level of the Academy. In this chapter, you can of course present and pitch your product, your company or your service. When giving other speeches, make sure that you follow the points mentioned in this section when introducing yourself, for example.

13.3 No illegality of the content

You agree that you will not post or upload any User Submission that is illegal for you to possess in your country of residence or illegal for us to use or possess in connection with the provision of the Services.

13.4 Explicitly no third party property rights

You agree that you will not post or upload any User Submission that is subject to any third party proprietary rights (including confidentiality or privacy rights) unless you have a formal valid licence or permission from the rightful owner that permits the posting of the material in question and the granting of a licence to us in accordance with Section 14(1) of these Terms.

13.5 Consequences of infringements

If we are notified of an infringement or if we become aware of an infringement by you in relation to § 13 No. 1 of these GTC, we will decide, with reference to a proportionality test, whether we will only write to you and ask for an explanation, prevent the visibility of your post from being made possible, delete your post completely and/or issue a warning to you with precise reference to your infringement and ask you to desist and/or temporarily block your account or terminate the contractual relationship with you for good cause in accordance with § 18.3. of these GTC.

13.6 Reporting violations

Every user is entitled and is requested, if the user discovers or believes to have discovered a violation of these guidelines as written in § 13.1, to report this content using the "Report" button so that we can check this violation.

13.7 Right reserved by us

We reserve the right, but shall not be obligated, to further determine whether User Submissions comply with the content requirements set forth in these Terms. We may at any time, without prior notice and in our sole discretion, remove any User Submissions that violate these Terms and/or block a User's access to upload User Content.

13.8 Other objectionable or indecent content that you become aware of on this platform

You acknowledge and agree that while using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive or indecent and that you may otherwise find objectionable. You agree and hereby waive any rights and remedies you may have against us with respect to such User Submissions.

13.9 Exemption

In the event that you violate the provisions of § 13.2, § 13.3 and/or § 13.4 of these GTCs and are responsible for this, i.e. you have acted negligently or wilfully, you are obliged to indemnify us against third-party claims arising from such a violation. The indemnification also includes the costs of an appropriate defence. You are obliged to co-operate in the clarification of the facts in dispute. We expressly reserve the right to assert claims for damages and other claims.

§ 14. Rights that you grant us and other users

14.1 General

If you upload or post User Submissions to us by recording or uploading videos or posting comments, you a) grant us a worldwide, non-exclusive, royalty-free licence, including the right to sublicense, to use, reproduce, distribute, create derivative works from, display, publish and perform the User Submissions, a) grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, distribute, prepare derivative works, display, publish and perform the User Submission in connection with the provision of our services and otherwise in connection with the provision of the Website and our business, including, without limitation, advertising and redistribution of all or any portion of the Website and derivative works based thereon, in any media format and by any means of distribution; b) grant to each user of Rhetorican a worldwide, non-exclusive, royalty-free licence to access your User Submissions through Rhetorican and to use, reproduce, distribute, prepare derivative works of, display, publish and perform the User Submissions in connection with the provision of our services and otherwise in connection with the provision of the Website to the extent permitted by the functionality of Rhetorican and these Terms.

14.2 Termination of the licences granted by you

The licences to user videos granted by you in § 14.1. expire as soon as you remove your user videos from the website. The licences to user comments granted in § 14.1. are perpetual and irrevocable, but do not affect your ownership rights as described in § 12.2.

§ 15. Our content on Rhetorican

15.1 General

All content on the Website - with the exception of User Submissions - including, but not limited to, text, software, scripts, graphics, photos, sounds, music and interactive elements on Rhetorican are owned by or licensed to us and are therefore subject to trademark, copyright and other intellectual property rights of us or our licensors. All trademarks or service marks associated with us are the property of their respective owners.

15.2 Restriction of content

Our Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licenced or otherwise exploited for any purpose whatsoever without the prior written consent of us or our licensors. We reserve all rights not expressly granted in and to our content.

§ 16. Liability for defects

16.1 Statutory provisions

The statutory provisions apply to claims arising from defective services. Your rights as a consumer remain unaffected in any case.

16.2 No guarantee

We make no guarantees and/or assurances that the rhetorical private or professional training results you desire or other results will be achieved by using the respective Rhetorican service. We do not owe you any specific success. In addition, the result of your rhetorical skills is also influenced by uncontrollable factors, such as inner self-confidence, type of voice, physical dispositions and preconditions and character traits, so that the result can vary greatly for different people despite the same use of Rhetorican.

§ 17. Liability

17.1 General

If you post video recordings and complete exercises, it is your responsibility to ensure that you do not say anything about others or say anything that violates the norms of German and international law (for example, but not limited to, libel, slander, defamation, disclosure of private or professional secrets, etc.). Therefore, before making a recording, make sure that you are not violating applicable law in your country with your statements. It is also your responsibility to ensure that no images or other video/sound recordings can be seen or heard in your recordings that violate the law applicable in your country. You are obliged to comply with our information on responsibility for user-generated content in these GTC in accordance with § 17.

17.2 Liability for services provided free of charge

In the case of services provided free of charge, regardless of the legal grounds, we shall only be liable for damages due to intent and gross negligence or the absence of a guaranteed characteristic. We are generally liable without limitation in cases of intent. In the event of gross negligence and the absence of a guaranteed characteristic, our liability shall be limited to typical, foreseeable damage. Our liability is otherwise excluded.

17.3 Liability for services provided against payment

In the case of services provided against payment, regardless of the legal grounds, we shall be liable without limitation for damages due to intent and gross negligence or the absence of a guaranteed characteristic. If we breach a material contractual obligation due to slight negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation that is necessary for the fulfilment of contractual purposes and on the fulfilment of which you as a consumer can or could have relied. Our liability in the event of injury to life, limb or health for which we are responsible remains unaffected by the aforementioned limitations. Our liability is otherwise excluded.

17.4 Liability of our employees

To the extent that our liability is excluded or limited, the exclusion or limitation or restriction shall also apply in favour of our employees and agents.

17.5 Product liability

Claims under the Product Liability Act remain unaffected by the aforementioned exclusions or limitations of liability.

§ 18. Rights of use of Rhetorican content

All digital content provided by us is protected by copyright or otherwise. You as a customer acquire a time-limited and non-transferable right to this content, which we grant you and which you can use in a non-commercial form within the framework of the contractual provisions. The right of use expires if you are no longer activated for the respective service (e.g. after cancellation of your Premium Account) or upon termination of the user relationship.

§ 19. Termination of contract

19.1 Contract of use

You have the right to delete your user account at any time and without the obligation to give reasons and thus also to terminate your user contract. To do this, simply go to your profile, click on the "Subscription" link and then on "Delete user account". Please note that after deleting your user account, all user transmissions you have posted may be deleted by us and you will no longer have access to content you have already purchased. If you still have a current Premium subscription at the time your account is deleted or have booked another additional service whose term has not yet ended, any amount you have already paid will not be refunded, not even on a pro rata basis. We are entitled to cancel the contract of use without giving reasons by giving two weeks' notice in text form, but at the earliest at the end of the minimum term or the respective renewal period of your chosen Premium subscription and/or at the end of the term of a one-off paid additional service.

19.2 Premium subscription

Every Premium subscription must be cancelled if you wish to terminate the paid term. You can cancel the respective subscription at any time and without giving reasons with effect from the end of the minimum term or the end of the respective renewal period. You can cancel purchased subscriptions on our website www.rhetorican.de and www.rhetorican.net by clicking on "Subscription" in your profile on our website and then clicking on the red button "Cancel premium subscription". You can of course also cancel your Premium subscription by sending an email to support@rhetorican.de or support@rhetorican.net or by post. After cancellation of your Premium subscription, your user account and other subscriptions will remain in place subject to further cancellation. We are entitled to cancel any subscription at the end of the minimum term or at the end of the respective renewal period with a notice period of two weeks in text form.

19.3 Cancellation for good cause

The right of both parties to terminate for good cause remains unaffected. In particular, we are entitled to terminate the user contract or your Premium subscription with immediate effect and to block and/or delete your user account if you seriously or repeatedly violate the provisions of the user contract and/or these General Terms and Conditions or are in arrears with your payment obligations despite a reminder. Furthermore, we may terminate the contract at the end of your chosen Premium subscription term if we believe that Rhetorican is no longer commercially viable for us or if we are required to do so by law (e.g. if providing Rhetorican's services to you is or becomes illegal in your country).

§ 20. Data protection

We process your personal data in accordance with our Privacy Policy, the current version of which is available at www.rhetorican.de/privacy-policy (in German) or www.rhetorican.net/privacy-policy (in English). These privacy policies specifically regulate and explain the extent to which your personal data is visible to other users and what options you have to control the disclosure to other users. In the settings of your profile, you have the option of regulating who can view your information (profile, videos and comments, i.e. usage transmissions) (so-called data protection settings). If you do not want to make a video publicly available, use the "Private speech" recording function in the free speech and also in the Academy).

Data protection declaration of consent: I agree that at the beginning of my Rhetorican journey or as long as I make changes to the data protection settings, all Rhetorican users can view my profile, my speech and feedback/comment data, my posts, etc., even without separate permission. This is to make it easier to follow me and/or support me in my journey through comments and feedback. If I no longer wish to do this, I can set my profile settings to private at any time and delete previously public speeches and set the new speeches to "private", which will allow only selected Rhetorican users to access the above information. I am aware that I cannot set the rating itself to private by assigning stars and comments to a public rating.

§ 21. Online dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order out of court first. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/ Consumer information: Non-participation in a dispute resolution procedure. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address in the legal notice.

§ 22. Changes to the General Terms and Conditions

We reserve the right to amend and adapt these General Terms and Conditions with effect for the future if this is necessary and required due to changes in the legal, official or technical framework conditions and the amendments are reasonable in good faith, taking into account your interests. We will inform you of the changes by e-mail at least two weeks before the planned entry into force of the new version of the General Terms and Conditions. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use Rhetorican, the new General Terms and Conditions shall be deemed accepted. In the event of an objection, we expressly reserve our ordinary cancellation rights. We will also inform you separately of your right to object, the deadline for doing so and the legal consequences of your silence or objection.

§ 23. Final provisions

23.1 Applicable law

German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that the provisions of consumer law are mandatory.

23.2 Place of jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have come into effect or if your usual place of residence or your permanent place of residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.

23.3 Severability clause

If individual provisions of these General Terms and Conditions should be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

§ 24. Our information

Rhetorican

  • A product of MOSOS UG (limited liability)

  • Am Bahnhof 12

  • 88437 Maselheim

  • E-mail: info@rhetorican.de

  • Managing Director: Oliver Munz

  • Registered at the local court - commercial register court - Ulm: HRB 732777

  • Value added tax - ID: DE303804040

§ 25. Printout option of the contract text

If you would like to print out the GTC, you can do so at any time.

§ 26. Validity

These General Terms and Conditions are valid from 01.02.2020.