Terms and Conditions

These terms and conditions govern contracts between PassionFlow Ltd (see the imprint, referred to below as “CourseKit”) and businesses within the meaning of § 14 BGB that use CourseKit for their own commercial or self-employed activity. CourseKit is aimed exclusively at businesses; no contract is concluded with consumers.

CourseKit provides software for a member area through which the customer manages their own courses, modules, lessons and materials and makes them available to their own members. Application functions and the database are configured for the Frankfurt region; individual sub-processors may also process data outside the EEA in accordance with the DPA and the list of sub-processors.

New member areas start with a free 14-day trial with the full scope. During the trial, uploaded videos have their own allowances: up to 3 hours of stored video, up to 5 GB per file and 25 GB of delivery per calendar month. Once the storage allowance is reached, new uploads are refused; videos already uploaded remain playable. The delivery allowance is soft as in section 5. As soon as a plan is booked, its allowances apply, even while the trial is still running. The trial ends automatically without triggering any payment; continued use requires choosing a plan.

The current plans and prices can be viewed in the member area's administration. All prices stated are net prices, to which statutory VAT is added where it applies.

The booked plan determines the allowances and features shown when the contract is concluded. Video included per calendar month: Starter up to 10 hours of stored video and 150 GB of delivery, Growth 100 hours and 500 GB, Pro 500 hours and 2,000 GB; section 3 applies to the trial. Viewing hours named on the website are a guide at about 1.5 GB per hour watched; the delivered data volume is what counts. Active participants are people with at least one running course access; each person is counted only once. Participant and video allowances are soft: exceeding them does not lock out participants, end access or stop video playback. CourseKit informs the customer and may, after 14 days, ask them to change plan or accept a separately offered capacity package; there is no automatic overage billing. If a video allowance remains exceeded for at least 60 days after written notice and neither a suitable plan nor a capacity package is agreed, CourseKit may, after a further written notice, pause new video uploads only. Existing videos remain playable; uploads resume as soon as usage fits or an extension is agreed. The Starter plan permits at most two published courses; existing published courses are not automatically unpublished on a plan change. A change to a smaller plan is possible only once published courses, a custom domain, administration accounts and active webhook targets fit its scope. CourseKit does not remove or disable these items on the customer's behalf.

The plan fee is paid via Stripe by SEPA direct debit or card, monthly or annually in advance, depending on the billing period chosen.

The contract runs for an indefinite period and can be cancelled by the customer at any time, effective at the end of the current billing period. CourseKit may terminate for good cause, in particular a breach of these terms, with reasonable notice.

The customer is solely responsible for their own content (courses, modules, lessons, materials), for the legal texts of their own member area (imprint, privacy policy, terms towards their own members) and for their own contract with the payment provider they choose (for example CopeCart or Stripe). CourseKit charges no transaction fee on sales and is not a payment intermediary; payment processing takes place solely between the customer, their own members and the chosen payment provider. The customer is also obliged to keep their own backups of important content or to use the export function. The customer indemnifies CourseKit against third-party claims based on an infringement of rights by the customer's own content or use of their member area for which the customer is responsible, including reasonable costs of legal defence. CourseKit informs the customer of any such claim without undue delay, does not acknowledge it without consultation and gives the customer the opportunity to take part in the defence.

Without a prior written agreement, CourseKit must not be used to process special categories of personal data under Art. 9 GDPR. In particular, customers must not upload or include in course content participants' diagnoses, treatment or therapy data, medical records, information about sexual orientation or religion, or similarly sensitive personal content. The same applies to personal data of people under 16. General course content about fitness, nutrition, wellbeing or personal development is permitted provided it contains no such personal data. The customer is responsible for the lawfulness of their content and instructions and must inform CourseKit without delay if excluded data was processed accidentally.

The customer warrants that they hold all rights to their own content required for its use in CourseKit and does not provide any content through CourseKit that breaks applicable law. Prohibited in particular is content that

• infringes copyright, trade marks, personality rights or other rights of third parties, for example videos, music, images or texts without the required licences,
• is a criminal offence, in particular depictions of sexual abuse, glorification of violence, incitement to hatred, terrorist content, insult or defamation,
• is pornographic or endangers the development of minors,
• breaks competition, consumer protection or health advertising law, for example through misleading health or income promises,
• contains malware, aims to harvest credentials or attacks the systems of CourseKit or third parties.

CourseKit does not review content before it is published and is under no obligation to do so. CourseKit acts as soon as it becomes aware of illegal content or a breach of section 10, in particular through a notice. Anyone can submit a notice through the report form or by email to the address given in the imprint. This address is also the point of contact for authorities and users under Art. 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act); it can be reached in German and English.

Every notice is reviewed promptly, carefully and objectively by a person; there is no automated moderation. If a notice is justified, CourseKit may block or remove the content concerned. As a rule the customer is given the opportunity to comment beforehand; for manifestly illegal content CourseKit may act immediately. CourseKit blocks the entire member area only for serious or repeated breaches or where a breach cannot otherwise be remedied effectively. The right of termination under section 7 remains unaffected.

CourseKit informs the customer of any such restriction in text form, with reasons, no later than when it takes effect (Art. 17 DSA): which content is affected, which facts and which grounds the decision is based on, and which means of redress are available. The customer can object to the decision by email; CourseKit reviews the objection again and lifts an unjustified restriction without undue delay. Recourse to the courts remains open.

Where there are indications of a criminal offence involving a threat to the life or safety of persons, CourseKit informs the competent authorities (Art. 18 DSA). Towards their own members the customer remains responsible for their own content (section 8).

Report form: Report illegal content.

CourseKit aims for high availability but does not guarantee any specific availability in the form of a service level agreement (SLA) under these terms. Maintenance work is announced in advance where possible.

CourseKit has unlimited liability where a limitation is prohibited by law, in particular for wilful misconduct, fraud, gross negligence and culpable injury to life, body or health. For ordinary negligence, CourseKit is liable only for breach of an obligation whose performance is essential to the proper performance of the contract and on which the customer may ordinarily rely; liability is then limited to the direct loss typical for the contract and foreseeable when it was concluded. To the extent permitted by law, aggregate liability for such cases is limited to the fees paid in the twelve months before the damaging event. Mandatory statutory liability remains unaffected.

Which data CourseKit processes on the customer's behalf and for what purpose is governed by the data processing agreement (DPA) under Art. 28 GDPR.

See the DPA.

After a cancellation or deletion of the member area, the customer can export their own data. After a deletion request the member area stays locked but recoverable for 30 days; after that all data and files are irrevocably deleted, including backups.

CourseKit may change these terms with future effect where a change is required by new law, case law, security requirements or an unforeseeable technical development and does not materially shift the contractual balance against the customer. CourseKit gives at least six weeks' notice by email. The notice explains the change, its intended effective date, the right to object and the consequence of not objecting. The customer may cancel before a materially adverse change takes effect. Where the law requires express consent, CourseKit obtains it separately.

The law of the Republic of Cyprus applies, excluding its conflict-of-law rules. To the extent a jurisdiction agreement is legally permitted, the courts in Paphos, Cyprus have exclusive jurisdiction. Mandatory statutory provisions that apply regardless of this choice of law remain unaffected.