General Terms and Conditions of Acadeo GmbH for Acadora Version dated 10 July 2026
1. General Provisions and Definitions
1.1 Provider and Scope of Application
These General Terms and Conditions (the "Terms") apply to contracts and services between Acadeo GmbH, Rathausstraße 43, 57537 Wissen, Germany ("Acadeo", "we", "us") and the users and/or customers of Acadora (the "Customer", "you"). These Terms apply in particular to the use of Acadora, access to paid features, Subscriptions, Subscription Allowances, the creation, editing and revision of Digital Content, and other digital services. Any terms and conditions of the Customer that deviate from, conflict with or supplement these Terms shall not form part of the contract unless Acadeo expressly agrees to their application.
1.2 Consumers and Business Customers
A "Consumer" is any natural person who enters into the contract for purposes that are predominantly outside that person's trade, business or independent professional activity. A "Business Customer" is any natural person, legal entity or partnership with legal capacity that, when entering into the contract, acts in the course of its trade, business or independent professional activity. Where the Customer acts as a Business Customer, the provisions expressly designated in these Terms as applying to Business Customers shall apply in addition.
1.3 Definitions
"Acadora" means the AI-assisted software environment provided by Acadeo to support the creation, editing, research, structuring and revision of academic or other text-based content. "Customer Specifications" means all information, content, files, texts, settings, sources, instructions and other information provided, selected or confirmed by the Customer that is relevant to the use of Acadora or to the creation or editing of Digital Content. "Digital Content" means the results in digital form generated, provided, edited or exported in connection with use of Acadora, including texts, drafts, suggestions, revisions, comments, source references, interim versions and exports. "Subscription" means a paid usage model involving recurring payments for the scope of services and billing period specified during the ordering process. "Subscription Allowance" means a usage-based allowance made available to the Customer under an active Subscription for the relevant monthly billing period for use of specified AI-powered features. Subscription Allowances have no monetary value, do not accrue interest and are not redeemable for cash.
1.4 Priority of Individual Agreements
Individual agreements between Acadeo and the Customer shall take precedence over these Terms. The Customer's statutory rights remain unaffected.
2. Subject Matter of the Contract, Scope of Services and Product Limitations
2.1 Subject Matter of the Contract
Acadora is an AI-assisted software environment that enables the Customer to create, edit, structure, research, revise and export the Customer's own content. The principal paid element of the service is the provision of access to the software, the features included in the Subscription and a monthly Subscription Allowance for use of specified AI-powered features. The specific scope of services is determined by the offering selected, the information provided during the ordering process and the features enabled within the application.
2.2 Subscription Model and Provision
Acadora is provided on a monthly Subscription basis. Unless otherwise stated during the ordering process, the Subscription is concluded for a monthly billing period and renews for a further monthly billing period unless terminated. During an active Subscription, the Customer receives access to the paid features included in the relevant offering and to the Subscription Allowance specified for that offering.
2.3 AI-Assisted Content and Customer Specifications
Content generated or edited through Acadora is created or modified automatically by AI-assisted systems on the basis of the Customer Specifications. Unless expressly agreed as a separate service, the services provided through Acadora do not include work that is individually written by a human, reviewed by a human or subjected to final editorial quality control by a human.
2.4 Drafts, Assistance and Working Materials
Content generated or suggested by Acadora serves as a draft, working material, drafting aid, research aid, structuring aid or revision proposal for the Customer's independently responsible work. The service does not include a final product that is ready for submission, publication, examination or other final use without the Customer's own review, editing and responsibility.
2.5 No Guarantee of Success or Acceptance
Acadora does not guarantee any particular academic, professional, institutional, commercial or other outcome, including any particular grade, acceptance, approval, publication, recognition or admission in respect of content generated or edited. The Customer is solely responsible for complying with the legal, contractual, operational, academic or institutional requirements applicable to the Customer.
2.6 Service Limitations
Acadora operates on the basis of automated technical systems, the Customer Specifications and the data, features and models available at the relevant time. Results may therefore vary in individual cases. The Customer must independently review sources, quotations, references, formatting, review reports, suggestions and other outputs before any further use.
2.7 Sources, Research and External Data
Where Acadora provides research, source, citation, full-text, web or library features, those features are intended to assist the Customer. The Customer remains responsible for independently reviewing sources, quotations, references, page numbers, bibliographies and substantive connections before any further use. Acadeo gives no guarantee that external sources, databases, websites, interfaces or third-party information will be available at all times, complete, up to date or error-free.
2.8 Third-Party Providers and External Checks
Where Acadora integrates third-party providers, external data sources, interfaces, AI models, or review, analysis or detection features, their availability, operation and results may vary. Acadeo gives no guarantee as to any particular assessment or result produced by external review, analysis or detection systems.
2.9 Sample Results and Product Information
Screenshots, demonstrations, sample texts, FAQs, advertising copy and other product information are provided to describe and illustrate the service. They do not constitute a guarantee that an identical result will be achieved in any individual case.
2.10 Unsupported Content and Special Requirements
Unless expressly agreed, special requirements are not included in the services. This applies in particular to services that require an individual expert, legal, medical, tax, assessment-related, ethical or institutional review. Specific academic, methodological, empirical, statistical, legal or other requirements are supported only within the available features and on the basis of Customer Specifications properly submitted through the system. Further non-binding explanations of supported and unsupported formats may be provided in the current FAQs. The scope of services agreed at the time the contract is concluded remains decisive.
3. Contract Formation, Prices, Payment and Subscriptions
3.1 Presentation of the Offering
The presentation of Acadora on our website, in the application or through other channels does not constitute a legally binding offer, but a non-binding invitation to the Customer to submit an offer to enter into a contract. The specific scope of services is determined by the information provided during the relevant ordering process and by the service description applicable when the contract is concluded.
3.2 Order and Contract Formation
By completing the ordering process, clicking an appropriately labelled button or selecting a paid offering, the Customer submits a binding offer to enter into a contract. Before submitting the order, the Customer can review and correct the information entered. The contract is formed when Acadeo accepts the order, including by issuing an order confirmation or payment confirmation, activating the paid features, providing access or commencing performance of the services. Where the Customer places an order on behalf of a company, organisation or other legal entity, the person acting represents that they are authorised to place the order and enter into the contract.
3.3 Paid Features and Subscriptions
Paid features, product variants and Subscriptions are described in the relevant offering. The scope of services, Subscription Allowance, price, billing period and terms of use displayed during the ordering process shall govern. Unless otherwise stated in the relevant offering, Acadora is provided as a monthly Subscription. The Subscription renews for a further monthly billing period unless terminated. A monthly Subscription may be terminated at any time with effect from the end of the current monthly billing period. Access to the paid features included in the Subscription remains available until the end of the current billing period, unless access is legitimately restricted or suspended. Statutory termination rights remain unaffected.
3.4 Use and Consumption of Subscription Allowances
Subscription Allowances may be used only for the features designated for them by Acadora. The amount consumed is determined by technical metering within the application. Subscription Allowances are not redeemable for cash, do not accrue interest and may be transferred only with Acadeo's consent.
Subscription Allowances are made available solely for the relevant monthly billing period. Unused Subscription Allowances are not carried forward to later billing periods, accumulated, paid out or refunded. They expire at the end of the relevant monthly billing period. Once the Subscription Allowance has been used up, individual AI-powered features may be restricted or paused until a new Subscription Allowance is made available, the Customer upgrades, or another extension provided for in the relevant offering is used. Content already created remains accessible through the available features unless access is legitimately restricted or suspended, or the content is deleted.
3.5 Prices, Payment and Invoicing
All prices stated to Consumers include the applicable value added tax or comparable consumption taxes, where such taxes apply. Prices stated to Business Customers may be shown as net prices plus the applicable value added tax or comparable consumption taxes, provided this is clearly indicated. The total prices, payment terms, billing periods, Subscription Allowances and payment methods displayed during the ordering process shall govern. For Subscriptions, payment is due at the beginning of the relevant billing period unless expressly agreed otherwise. Payment is generally made in advance. For Subscriptions, the Customer authorises Acadeo and/or the payment service provider used by Acadeo to collect the recurring charges using the payment method selected during the ordering process. Acadeo accepts the payment methods displayed during the ordering process. The Customer has no right to use any particular payment method. Following successful payment, the Customer receives an electronic order, payment or invoice confirmation where required by law or supported by the technical system.
3.6 Contract Text and Terms
The Customer can access and save the Terms incorporated into the contract during the ordering process. Unless otherwise required by law, Acadeo is not obliged to keep the contract text separately and permanently accessible after the contract has been concluded. For Subscriptions, the key contractual information, in particular the price, scope of services, Subscription Allowance, billing period, renewal and termination options, is displayed to the Customer during the ordering process.
3.7 Changes to Prices and Services
Acadeo may change prices, product variants, Subscription Allowances or additional services for future contracts at any time. Changes to prices or services for ongoing Subscriptions shall be made only in accordance with the contractual agreement and applicable law. Where the Customer's consent is required, Acadeo will obtain it.
4. Access, Activation, Provision and Storage
4.1 Customer Account and Technical Requirements
A customer account is required to use Acadora. When registering, the Customer must provide accurate and complete information and keep the Customer's login credentials confidential. Login credentials must not be disclosed to third parties. The Customer is responsible for meeting the technical requirements for use of Acadora. These include, in particular, a suitable internet connection, an up-to-date browser, a suitable device and suitable software for opening and editing exported files, where export features are provided. Technical faults, limitations or incompatibilities on the part of the Customer or relating to the Customer's device, browser, network, file system or software do not constitute a defect or lack of conformity in Acadeo's service.
4.2 Minimum Age
Paid Acadora services may be used only by persons who are at least 18 years old or who act with the consent of their legal representative where such consent is required by law.
4.3 Activation and Use
Following successful contract formation and receipt of payment, the features and Subscription Allowances purchased are generally activated automatically or promptly. Activation may be delayed by payment service providers, technical faults, security checks or missing Customer inputs. Use of the purchased features requires the necessary Customer Specifications, uploads, selections, confirmations and other cooperation by the Customer. During an active Subscription, the Customer has access to the paid features and Subscription Allowances included in the Subscription throughout the current monthly billing period, unless access is legitimately restricted or suspended. Termination during the current billing period ends automatic renewal but does not affect access until the end of the current billing period, unless otherwise provided by law or expressly agreed.
4.4 Export and Backup
Where Acadora provides export features, the Customer may export Digital Content using the available features. The Customer is entitled to a particular export format only if that format is expressly included in the relevant offering. The Customer must independently download and back up any content, exports and files that are important to the Customer.
4.5 Limited Storage Period and Deletion
As a general rule, Acadeo makes project data and Digital Content available only for a limited period. Specific storage or access periods may be stated in the relevant offering, in the application or in separate notices. After the end of the applicable provision or storage period and after termination of a Subscription, Acadeo may restrict access to paid features, project data, exports and Digital Content or delete content, unless statutory retention obligations or legitimate interests require otherwise. The Customer must independently back up important content, exports and files in good time. Statutory rights in respect of defects and lack of conformity remain unaffected.
5. Duties to Cooperate, Customer Specifications and Customer Responsibility
5.1 Customer Specifications as the Basis of the Service
The use of Acadora and the creation or editing of content are based on the Customer Specifications provided, selected or confirmed by the Customer. The Customer is responsible for ensuring that the Customer Specifications are complete, accurate, consistent, provided in good time and suitable for the intended purpose.
5.2 Use of the Designated Input Steps
Specifications intended to be relevant to the creation, editing or revision of content must be submitted through the designated input steps, form fields, upload areas, selection menus, editor features or other system features. Instructions, files or specifications submitted by the Customer outside the designated workflow, for example by email, social media, chat or other channels, shall form part of the contract only if Acadeo expressly confirms that they will be taken into account.
5.3 Review and Confirmation of Suggestions
Acadora is designed as an AI-assisted software environment in which the Customer can review, select, adapt, accept or reject content, suggestions, interim results, changes, sources, settings or project steps. Where the Customer selects, confirms or accepts suggestions, interim results, settings or project steps, or continues the workflow on that basis, further use shall proceed on the basis of that decision. In the Customer's own interest, the Customer must review suggestions, interim results, sources, changes and final content before making any further use of them.
5.4 No Defect Where Deviations Are Caused by the Customer
Deviations or shortcomings do not constitute a defect or lack of conformity in the service to the extent that they result from Customer Specifications that are incomplete, incorrect, inconsistent, late or not properly submitted.
The same applies where a deviation results from the Customer failing to review suggestions, interim results, settings, sources, exports or other content, confirming them incorrectly, accepting them without modification or using them contrary to the designated usage instructions.
5.5 Subsequent Change Requests
Subsequent requests, amended specifications or additional requirements generally do not constitute a defect or lack of conformity, but may require additional use or an additional service. Acadeo may take such changes into account voluntarily, for an additional charge or as a goodwill measure. The Customer is entitled to this only where it has been expressly agreed or is required by law.
5.6 Compliance with Requirements and Independent Final Review
The Customer is solely responsible for reviewing and complying with all external, internal, legal, contractual, operational, academic or institutional requirements applicable to the Customer. Before any further use, the Customer must independently review all generated, suggested or edited content for accuracy, completeness, sources, formal requirements, legal permissibility and compliance with the requirements relevant to the Customer.
6. Rights of Use, Permitted Use and Customer Responsibility
6.1 Rights in Acadora and Customer Inputs
All rights in Acadora and the associated content, features, trade marks, technical systems, software components, workflows and other elements of the service remain with Acadeo or the respective rights holders. The Customer retains any rights that exist in content submitted by the Customer. The Customer grants Acadeo the right to process, store, technically analyse, transform and use Customer inputs, uploads and other content provided by the Customer to the extent necessary to perform the contract, provide the features, troubleshoot errors, maintain security or comply with legal obligations. The processing of personal data is governed by the Privacy Policy.
6.2 Rights of Use in Generated Content
Following full payment, the Customer receives a non-exclusive, perpetual right to use, store, edit and reproduce the Digital Content generated or edited for the Customer for the purposes of the contract and to incorporate it into the Customer's own works or documents. Business Customers may use, exploit, publish and provide the generated or edited Digital Content to their own customers without restriction in the course of their trade, business or independent professional activity. Acadeo gives no guarantee that AI-generated or AI-edited content will qualify for copyright protection or give rise to exclusive rights. All rights in Acadeo's software, workflows, models, trade marks and technical systems remain with us. The content, outputs and system features must not be used to develop, train or improve competing AI systems or automated text-generation, research or
editing tools. Access to Acadora itself must likewise not be made available to third parties, whether for payment or free of charge, in particular by way of resale or account sharing, unless this has been expressly agreed.
6.3 Permitted Use and Customer Responsibility
The Customer decides whether to use, publish, disclose or submit generated or edited content. The Customer acknowledges that the content is generated or edited automatically and serves as a draft, suggestion, working material or form of assistance. The Customer is solely responsible for determining whether, and to what extent, use, publication, disclosure or submission of the content would breach any legal provisions, contractual arrangements or internal, operational, academic or institutional policies applicable to the Customer.
6.4 Prohibited Use and Consequences of Breach
The Customer must not use Acadora unlawfully or abusively, infringe third-party rights, use it to commit criminal offences, circumvent technical protection measures, engage in account sharing or automated data extraction, or use it as the basis for a competing service. In the event of a breach of these Terms, Acadeo may take appropriate measures, including restricting or suspending access and pursuing statutory claims and remedies. The Customer's statutory rights remain unaffected.
7. Consumers' Right of Withdrawal
Consumers have a right of withdrawal from distance contracts in accordance with the applicable statutory provisions. These Terms do not restrict the statutory right of withdrawal. Details of the existence, exercise and consequences of the right of withdrawal are set out in the separate information on the right of withdrawal provided to the Customer during the ordering process. The right of withdrawal applies to the conclusion of the Subscription within the statutory withdrawal period. After the withdrawal period has expired, the Subscription may be terminated in accordance with the termination conditions stated during the ordering process. Statutory termination rights remain unaffected. Business Customers do not have a statutory consumer right of withdrawal.
8. Rights in the Event of Defects or Lack of Conformity, Cure, Refunds and Goodwill
8.1 Statutory Rights in Respect of Defects and Lack of Conformity
Consumers have the statutory rights and remedies applicable where digital products, in particular Digital Content and digital services, are defective or not in conformity with the contract under the applicable consumer law. These rights are not restricted by these Terms. Where Acadora is provided on an ongoing basis under a Subscription, the statutory rights and remedies in respect of defects or lack of conformity relate to the contractually required provision during the relevant period of provision. For Business Customers, the statutory provisions apply unless these Terms validly provide otherwise. The specific provisions of this section for Business Customers also apply.
8.2 Conformity with the Contract
Acadora is in conformity with the contract where the service and Digital Content substantially correspond to the agreed scope of services, the agreed features are provided and the service is performed taking into account the Customer Specifications, the product description, the technical capabilities and the intended use. For Subscriptions, the relevant criterion is whether the features included in the relevant Subscription can be used during the current billing period within the scope of the agreed and technically available provision.
8.3 Defects or Lack of Conformity and Exclusions
A defect or lack of conformity may exist in particular where an expressly agreed paid feature is not provided or Digital Content provided materially deviates from the agreed characteristics. No defect or lack of conformity exists to the extent that the deviation complained of results from Customer Specifications, incorrect or incomplete inputs, subsequent change requests, use other than the intended use, technical circumstances on the Customer's side, third-party assessments or expectations outside the agreed scope of services.
8.4 Variations Typical of AI Systems
Isolated linguistic, stylistic, formal or substantive inaccuracies do not in themselves give rise to a right to a refund, provided that they do not materially impair the contractually intended use and can be remedied using the correction or editing options provided. Statutory rights in respect of defects and lack of conformity remain unaffected.
8.5 Notification of Defects and Cooperation in the Review
The Customer is requested to report apparent defects or lack of conformity as promptly as possible through the support channels provided and to describe the alleged issue in sufficient detail to enable Acadeo to review the matter and, where appropriate, provide a cure. Where necessary and reasonable for the review, the Customer should provide appropriate evidence or information, in particular the affected project data, error messages, screenshots, inputs or the original version provided. The Customer does not lose statutory rights solely because a notification is not made without undue delay. Where a review or cure is not possible without the Customer's cooperation, processing may be delayed accordingly.
8.6 Priority of Cure
Where the Customer asserts a justified defect or lack of conformity, Acadeo must first be given an opportunity to review and cure it. Acadeo may restore conformity with the contract in particular by correcting an error, reactivating or re-providing the relevant feature or service, correcting or regenerating content, providing a new export, crediting a Subscription Allowance or implementing another suitable solution. Acadeo shall select the appropriate form of cure within the limits of applicable law.
8.7 Refund, Price Reduction or Termination
A refund, price reduction or termination of the contract due to a defect or lack of conformity is available only in accordance with the statutory requirements, in particular where a required cure is impossible, refused, unsuccessful, not provided within a reasonable period or the Customer cannot reasonably be expected to accept it under applicable law. In the case of immaterial deviations, there is no right to a full refund to the extent permitted by law.
8.8 Processing Time and Initial Response
For properly reported issues, Acadeo endeavours, on Business Days (Monday to Friday), to provide a qualified initial response, review or proposed solution within one Business Day. The actual time required for cure depends on the nature, scope and technical complexity of the issue and on the Customer's cooperation. Statutory requirements for cure within a reasonable period remain unaffected.
8.9 No Refund Where the Service Is Conforming
Unless there is a statutory right of withdrawal, a statutory right or remedy in respect of defects or lack of conformity, or an expressly granted goodwill arrangement, the Customer has no right to a refund of payments made. In particular, where the service has been provided without defect or lack of conformity, there is no right to a refund based solely on dissatisfaction, non-use, use other than the intended use, incorrect Customer Specifications, subsequent change requests or expectations outside the agreed scope of services. Termination during an ongoing monthly billing period does not give rise to a right to a pro rata refund of charges already due or paid, unless otherwise required by law or Acadeo expressly grants a different goodwill arrangement. Unused Subscription Allowances expire at the end of the relevant monthly billing period and do not give rise to any right to payment, refund, credit or transfer to later billing periods.
8.10 Independent Reworking by the Customer
Any independent reworking, recreation, correction or rewording undertaken by the Customer without prior notification of the defect or lack of conformity and without giving Acadeo an opportunity to cure does not, in itself, give rise to a right to a refund or compensation for the Customer's own working time.
This applies in particular where a less intrusive solution by Acadeo would have been possible and reasonable at the time of the reworking. The Customer's statutory rights remain unaffected.
8.11 Goodwill Measures
Acadeo may assist Customers voluntarily, in particular by providing support, reactivating features, making corrections, providing replacement exports, regenerating content, crediting Subscription Allowances or issuing voluntary refunds. Goodwill measures are provided without acknowledgement of any legal obligation and do not create a right to corresponding measures in other or future cases.
8.12 Special Provisions for Business Customers
Where the Customer is a Business Customer, the Customer must inspect the Digital Content, exports and features after they are provided, as part of the ordinary course of business, and notify Acadeo without undue delay in text form of any apparent defects or lack of conformity. If timely notification is not made, the content and features provided shall be deemed accepted in respect of apparent defects or lack of conformity, to the extent permitted by law and provided that Acadeo has not fraudulently concealed the issue. For Business Customers, the limitation period for claims in respect of defects or lack of conformity is twelve months from provision of the relevant service, to the extent permitted by law. This does not apply to claims arising from wilful misconduct, gross negligence, injury to life, limb or health, or other claims for which mandatory law prescribes a longer period. Where a justified defect or lack of conformity exists, Acadeo must also be given the first opportunity to cure in relation to Business Customers. Rescission, price reduction, termination of the contract or damages in lieu of performance are available only in accordance with the statutory requirements and these Terms.
9. Availability, Updates and Technical Changes
9.1 Availability and Maintenance
Acadeo endeavours to provide Acadora with as few interruptions as possible. Continuous, uninterrupted or error-free availability is not guaranteed unless expressly agreed otherwise. Temporary limitations may result in particular from maintenance, updates, technical faults, security measures, third-party providers or circumstances beyond Acadeo's control.
9.2 Updates and Further Development
Acadeo may further develop, update, modify or replace Acadora, its features and its technical foundations where appropriate for security, stability, technical improvement, legal requirements or product development.
9.3 Third-Party Providers and Technical Dependencies
Acadeo may use third-party providers and external technical services. Their availability, results and operation may change. Where a limitation relating to a third-party provider materially impairs the service, Acadeo will assess whether a reasonable alternative solution or appropriate technical adjustment can be provided.
10. Liability
10.1 Unlimited Liability
Acadeo has unlimited liability for damage arising from injury to life, limb or health, for damage caused by wilful or grossly negligent breach of duty, and under mandatory statutory provisions.
10.2 Liability for Ordinary Negligence
In the case of ordinary negligence, Acadeo is liable only for breach of a material contractual obligation. Material contractual obligations are obligations whose performance is essential to the proper performance of the contract and on compliance with which the Customer may ordinarily rely. In such cases, liability is limited to the loss that is typical of the contract and was foreseeable.
10.3 Improper Use and Data Loss
Acadeo is not liable for damage, disadvantages or consequences arising from use of the services or content by the Customer that is abusive, unlawful, improper or in breach of contract. Acadeo is liable for data loss in accordance with applicable law. In cases of ordinary negligence, liability is limited to the recovery costs that would have been incurred if the Customer had made proper and regular backups.
10.4 Indemnification for Infringements Caused by the Customer
The Customer shall indemnify Acadeo against third-party claims arising from the Customer's unlawful use of the service for which the Customer is responsible, unlawful Customer inputs, unlawful uploads or the Customer's infringement of third-party rights. This does not apply to the extent that the Customer is not responsible for the infringement.
11. Customer Service, Support, Complaints, Termination and Abuse
11.1 Contact and Support
For questions, technical problems, complaints or claims, the Customer may contact Acadeo through the contact channels provided, in particular by email at:
support@acadora.ai Where live chat, social media channels or other means of contact are provided, they may also be used. Binding legally relevant declarations, in particular notices of defects or lack of conformity or notices setting a deadline, should be made in text form, for example by email, to ensure better documentation.
11.2 Termination of Subscriptions
Subscriptions may be terminated using the electronic termination facility provided by Acadeo. Where required by law, Acadeo provides a cancellation button and electronic confirmation of cancellation. Unless expressly stated otherwise, termination of a monthly Subscription takes effect at the end of the current monthly billing period.
11.3 Support Hours
Customer service is generally available on Business Days, Monday to Friday, during customary daytime and business hours. There is no entitlement to round-the-clock support or to processing outside those hours, at weekends or on public holidays. Responses may be delayed during periods of high enquiry volumes, maintenance or technical faults.
11.4 Complaints, Claims and Support
Acadeo endeavours to handle complaints, technical problems and claims fairly, objectively and promptly. The Customer should describe the matter in a comprehensible manner and provide the information required for review. Support services are intended to assist the Customer and do not automatically constitute acknowledgement of a defect or lack of conformity, a refund obligation or any other legal obligation. Statutory rights in respect of defects and lack of conformity remain unaffected.
11.5 Abuse, Suspension and Failed Payments
Acadeo may temporarily restrict or suspend the Customer's access where there are specific indications of abuse, security risks, unlawful use, breach of these Terms, account sharing, manipulation, payment fraud, abusive chargebacks or other material breaches of contract. In the event of failed payments, returned direct debits or outstanding amounts due, Acadeo may, following an appropriate review and taking the Customer's interests into account, restrict or suspend access to paid features. Acadeo will give appropriate consideration to the Customer's interests and limit the measure to what is necessary. The Customer's statutory rights remain unaffected.
12. Amendments to the Terms and Final Provisions
12.1 Amendments to the Terms
The Terms validly incorporated when the relevant contract is concluded apply to that contract. Acadeo may amend these Terms for future contracts at any time. Acadeo may make changes in relation to ongoing contractual relationships or customer accounts where there is an objectively justified reason, the change is reasonable for the Customer and applicable legal requirements are complied with. An objectively justified reason may exist in particular where there are changes in the law, case law, technical requirements, security requirements, features, business processes or the service offering. Where the Customer's consent is required, Acadeo will obtain it.
12.2 Governing Law
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only to the extent that it does not deprive the Consumer of the protection afforded by mandatory provisions of the country in which the Consumer has their habitual residence. Mandatory consumer rights under the law of the state in which the Consumer is habitually resident remain unaffected where applicable.
12.3 Contract Language
The contract language is the language in which the relevant contractual information, these Terms and the ordering process are provided to the Customer when the contract is concluded. Where Acadeo provides these Terms or consumer information in more than one language, the contractual version is the language version displayed to and incorporated for the Customer during the ordering process. Translations into other languages are provided for convenience only unless they are expressly incorporated as the contractual version during the ordering process.
12.4 Jurisdiction
Where the Customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the registered office of Acadeo GmbH shall have jurisdiction over all disputes arising out of or in connection with the contractual relationship. The same applies where the Customer is a Business Customer and has no general place of jurisdiction in Germany. For Consumers, the statutory rules on jurisdiction apply. Mandatory rules on jurisdiction protecting Consumers remain unaffected.
12.5 Dispute Resolution
Acadeo is neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body.
12.6 Notices
Unless otherwise provided in these Terms, notices shall be sent by email or through the communication channels recorded in the customer account. The Customer must keep the Customer's contact details up to date.
12.7 No Waiver
If Acadeo does not exercise a right in an individual case, this does not constitute a waiver of that right for the future.
12.8 Severability
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall apply in place of the invalid provision.
12.9 Statutory Rights
All mandatory statutory rights of the Customer, in particular consumer rights, rights of withdrawal and statutory rights in respect of defects and lack of conformity under the applicable law, remain unaffected.