Terms & Conditions
Preamble
Wojcik Beratung und Beteiligungs UG (“Wojcik UG”) offers its clients (“Client”) a wide range of online services at https://evnxt.de. The offering includes, in particular, online courses, tools that use artificial intelligence, e-books, presentations, and mobile applications (“Apps”) together with associated in-app purchases. These Apps may cover any subject matter, for example fitness tracking or photo editing, and are not limited to online marketing or web development. All services aim to equip Clients with knowledge and tools for effectively analysing, monitoring and optimising their online presence and services.
1. Subject Matter of the Contract and Contract Formation
1.1 Access to the Offering
Wojcik UG grants the Client access to the offering for use within the agreed package (“Services”). Details of the Services and the packages are set out in the respective service descriptions available at https://evnxt.de/preise.
1.2 Contract Formation
Contracts may be concluded online via https://evnxt.de/ or by telephone.
1.3 Online Contract Formation
Within the online process the Client’s order constitutes a binding offer. Wojcik UG may accept this offer within three (3) working days; otherwise, the offer is deemed rejected.
1.4 Multiple Packages
If multiple packages are agreed, a separate contract is formed for each package.
1.5 Contract Formation Subject to Review
Contract formation is subject to an identity and credit-worthiness check. If the Client has provided false identity details or shows, in Wojcik UG’s assessment, insufficient credit-worthiness, Wojcik UG may terminate the contract without notice for good cause pursuant to the relevant clause.
1.6 Requirements for Legal Entities
If the Client is a legal entity (e.g. GmbH or AG), Wojcik UG may require a natural person to assume joint and several liability or demand equivalent security for future claims arising from the contractual relationship.
2. Remuneration
2.1 Agreement on Remuneration
The Client shall pay Wojcik UG the agreed remuneration for the provision of the Services. The remuneration is agreed upon completion of the order process and depends on the package selected by the Client. All prices are net plus applicable VAT. In-app purchases made within Apps are subject to the respective app-store conditions and charges.
2.2 Billing Period
Remuneration is due per billing period. Each billing period comprises one (1) month and starts on the day the package is first made available for productive use. Subsequent periods commence upon expiry of the previous period.
2.3 Invoicing and Payment
Wojcik UG invoices the Client in advance on the first day of each billing period. Additional booked Services are invoiced retrospectively. The Client must pay invoiced amounts within fourteen (14) days of receipt.
4. Use of the Offering
4.1 Legal Compliance
The Client warrants to comply with all applicable laws, including data-protection law, when using the offering.
4.2 Client Representations
The Client further represents:
- (a) Acting in the course of its trade or self-employed professional activity and therefore being an entrepreneur under § 14 BGB, not a consumer under § 13 BGB.
- (b) Using the offering – including the account, provided interfaces, Apps and in-app purchase functions – only to the extent normally required and not retrieving data automatically.
- (c) Refraining from entering data unrelated to the Services.
- (d) Keeping master data up to date and informing Wojcik UG in text form about any change of address, contact details, bank details, legal form or other material circumstances.
- (e) Using the Services solely for internal purposes and neither passing them on to third parties nor using them for third-party purposes.
- (f) Independently verifying any information accessible via Wojcik UG before use.
- (g) Refraining from any action that could jeopardise the security or stability of the offering, including underlying subcontractor services, such as overloading, unauthorised retrieval, modification or manipulation of code or data, reverse engineering, decompilation (unless legally permitted), intrusion into data networks or transmission of malware.
- (h) Keeping user IDs, passwords and other access data confidential and protected against unauthorised access.
4.3 Duty to Inform
The Client shall promptly inform Wojcik UG of any circumstances indicating potential non-compliance with clauses 4.1 or 4.2.
5. Intellectual Property and Data
5.1 Ownership Rights
Each party and its licensors retain all intellectual-property rights unless expressly granted otherwise. Wojcik UG and its licensors retain all rights to their offering, including any developments.
5.2 Rights of Use to Content
The Client grants Wojcik UG a non-exclusive, transferable, sublicensable, royalty-free right to use Client-provided content for fulfilling contractual obligations, operating the B2B online platform and complying with legal or regulatory requirements.
5.3 Use of Feedback
If the Client or persons for whom the Client is responsible provide feedback regarding the offering, the Client grants Wojcik UG a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use and implement such feedback.
5.4 Copyright When Using the Tool “News Rewritr”
Before using News Rewritr to rewrite content, ensure that you hold the necessary rights to use and edit the original content. This applies to all article types, such as press releases, news, blog posts and Wikipedia articles. Responsibility for obtaining permissions lies with the user. The tool can rephrase content but requires users to act in accordance with copyright law. If in doubt, seek legal advice or obtain the author’s consent.
6. Data Protection
Wojcik UG collects, stores and processes personal data in accordance with statutory provisions. Details are available at https://evnxt.de/datenschutz.
7. Liability
7.1 Limitation of Liability
Wojcik UG is not liable for simple negligence in connection with the offering unless a breach of cardinal duties is involved. In this case liability is limited to foreseeable, typical damage at the time of contract formation.
7.2 Limitation Period
All claims for damages expire after one (1) year.
7.3 Exclusion of the Limitation
The exclusions in clauses 7.1 and 7.2 do not apply where liability cannot be limited by law, in cases of intent or gross negligence, injury to life, body or health caused by simple negligence, fraud or non-compliance with a guarantee.
7.4 Disclaimer
No obligation of Wojcik UG constitutes a warranted characteristic or guarantee. Wojcik UG excludes strict liability for defects existing at contract formation.
7.5 Beneficiaries of Limitations
The limitations benefit affiliates, directors, employees, agents, subcontractors and auxiliary persons of Wojcik UG.
8. Indemnification
8.1 Indemnity by the Client
The Client indemnifies Wojcik UG, affiliates and subcontractors from all claims, damages and costs arising from an actual or alleged breach by the Client or its affiliates of the contract, especially clauses 4.1 and 4.2.
8.2 Exclusion of Indemnification Duty
The indemnification duty does not apply if Wojcik UG or a third party is responsible for the relevant claims, damages or costs.
9. Responsibility and Representation
9.1 Responsibility of the Client
The Client is responsible to Wojcik UG to the same extent as for its own actions for all acts and omissions of employees and third parties using the Services through the Client.
9.2 Approval for Third-Party Use
The Client requires Wojcik UG’s specific approval to enable third-party use of the Services.
9.3 Client Warranty
The Client warrants that all persons allowed to use the platform are authorised to act and make legally relevant declarations on behalf of the Client.
10. Blocking and Deletion
10.1 Right to Block
Wojcik UG may block the Client’s access or suspend Services if the Client fails to meet payment obligations, materially breaches the contract or if blocking is legally required.
10.2 Deletion of Content
If Client-provided content breaches the contract or applicable law in Wojcik UG’s view, Wojcik UG may delete such content at any time.
11. Termination, Upgrade and Downgrade
11.1 Termination of Individual Packages
Each package is an independent service and can be terminated separately.
11.2 Ordinary Termination
Unless otherwise agreed, either party may terminate individual packages or the entire contract at the end of the next billing period.
11.3 Termination by Wojcik UG
Without prejudice to other rights, Wojcik UG may terminate with seven (7) days’ notice if a contractual relationship with a third-party service provider essential for the offering ends or changes so that the Services can no longer be provided as agreed. Wojcik UG will use commercially reasonable efforts to find a replacement service provider.
11.4 Extraordinary Termination
The right to terminate for good cause under § 314 BGB remains unaffected. Causes include circumstances that entitle Wojcik UG to block access or suspend Services. The right to claim damages remains unaffected.
11.5 Form of Termination
Termination requires text form.
11.6 Non-Use
Non-use of the Services by the Client is neither deemed a termination nor does it justify extraordinary termination.
11.7 Upgrade and Downgrade
If the parties conclude a contract for a package that contains essential functionalities of an existing package (upgrade or downgrade), the existing contract ends upon conclusion of the new contract. Claims arising before termination remain unaffected.
12. Changes to Contract Terms and Remuneration
12.1 Amendments to the Terms of Use
Wojcik UG may amend these Terms of Use at any time, for example to comply with law or to reflect further development of Services. Wojcik UG will notify the Client in text form at least thirty (30) days before the amendment takes effect. Amendments become effective unless the Client objects within this period. The Client may terminate the contract free of charge on the occasion of the amendment. Wojcik UG will inform the Client of the consequences of silence and of the right to terminate. If the Client objects in time, Wojcik UG may terminate the contract at the effective date of the amendment.
12.2 Changes to Remuneration
Wojcik UG may also adjust remuneration, for example if third-party suppliers increase prices or ordinary operating costs rise. Clause 12.1 applies accordingly.
12.3 Form of Contract Amendments
Otherwise, amendments and additions to the contract require text form, including any change to this form clause.
13. Confidentiality
13.1 Confidential Treatment
The content of the contract and all information disclosed by a party in connection with its initiation, execution or termination is confidential and may only be used for purposes within the scope of the contract. Disclosure is permitted only to employees, affiliates, subcontractors or advisers bound by comparable confidentiality obligations who need the information to perform the contract.
13.2 Exceptions
Clause 13.1 does not apply where the information is intended for disclosure, is publicly known, lawfully disclosed by a third party or must be disclosed by law or order. Wojcik UG may name the collaboration with the Client for marketing purposes, including as a reference.
13.3 Duration
The confidentiality obligation lasts for three (3) years after termination of the contract.
14. Trial and Free Versions
14.1 Provision
Where Wojcik UG provides trial, freemium or otherwise restricted versions of Services (“Trial and Free Versions”), these are provided “as is”. Wojcik UG is not obliged to ensure certain functionalities or availability and may modify or discontinue such versions at any time without notice.
14.2 Continuation and Upgrade
Wojcik UG may offer the Client a paid continuation of a Trial Version or an upgrade of a Free Version. If the Client continues to use a Trial or Free Version beyond the agreed period, the offer is deemed accepted and a contract is formed under the communicated conditions.
14.3 Warranty and Liability Exclusion
Wojcik UG excludes all warranty and liability for the use of Trial or Free Versions. Liability for intent, gross negligence or fraudulent concealment of defects remains unaffected.
14.4 Beneficiaries
The exclusions benefit affiliates, directors, employees, agents, subcontractors and auxiliary persons of Wojcik UG.
15. Final Provisions
15.1 Severability
If any provision is invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision is replaced by a valid provision that comes closest to the economic purpose. The same applies to gaps.
15.2 Form of Declarations
Unless a different form is expressly required, legally relevant declarations must be in text form.
15.3 Email Communication
Text form includes email. Declarations by the Client are only effective if sent to info@evnxt.de. Wojcik UG may change this address by notice; email is sufficient. Wojcik UG endeavours to inform the Client of changes within two (2) weeks.
15.4 Digital Declarations
If the offering enables digital declarations within the Client’s account, such declarations are deemed made in text form and received upon submission.
15.5 Governing Law
The contract is governed exclusively by German law, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
15.6 Language Versions
Any non-German versions of these Terms of Use are for information only. The German language version is binding.
15.7 Jurisdiction and Place of Performance
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Berlin. The place of performance for all obligations is Berlin.