General Terms and Conditions

General Terms and Conditions of Provimedia GmbH

1. Scope of Application

These General Terms and Conditions (GTC) apply to all business relationships between Provimedia GmbH, Weidenweg 12, 74321 Bietigheim-Bissingen (hereinafter "Provider") and the customer (hereinafter "Client"). The version applicable in each case is the one valid at the time the contract is concluded.

2. Subject Matter of the Contract

The subject matter of the contract is the provision of services in the fields of web design, web development, SEO, content marketing and AI development. The exact scope of services results from the respective service description or the individual quotation.

3. Conclusion of the Contract

A contract is concluded upon acceptance of the offer by the Client. Acceptance may be given in writing, by email or through conduct implying acceptance.

4. Provision of Services

The Provider renders its services to the best of its knowledge and belief while observing the agreed dates. Delivery dates are binding only if expressly agreed as such.

5. Remuneration and Payment Terms

Remuneration is determined by the individual quotation. Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.

For digital online products under Part B, payment may additionally be made by SEPA direct debit; in that case Section 18 applies, and this also applies where the customer acts as a trader.

6. Client's Duties to Cooperate

The Client shall provide all information, data and materials necessary for the provision of services in good time and free of charge.

7. Liability

The Provider shall be liable only for damages caused by intentional or grossly negligent conduct. Liability for slight negligence is excluded to the extent permitted by law.

8. Final Provisions

The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Bietigheim-Bissingen, to the extent permitted by law. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

B. Special Terms for Digital Online Products (Consumers)

The following special terms (Part B) apply in addition to the preceding Sections 1 to 8, insofar as a customer books one of the digital online products of Provimedia GmbH described below. Part B takes precedence over Part A to the extent that the two provisions conflict. In all other respects, Sections 1 to 8 (in particular the final provisions under Section 8) continue to apply in a supplementary manner.

9. Provider, Scope of Application and Target Group

The provider and contractual partner for the digital online products described below is Provimedia GmbH, Weidenweg 12, 74321 Bietigheim-Bissingen, email: info@provimedia.de (hereinafter "we" or "Provider").

Part B applies to the purchase of the following online products via the website provimedia.de:

• AI Certificate / AI Competence Training ("AI Academy"): an internet based online course for proving AI competence pursuant to Art. 4 of the EU AI Act (Regulation (EU) 2024/1689), bookable as an individual licence or as a team/company licence for multiple participating persons, with an online verifiable PDF certificate upon successful completion.
• Company Audit / Compliance Cockpit: an internet based online tool to assist in identifying and managing corporate compliance obligations, bookable in the "Solo", "Business" and "Agency" plans.
• Code Guardian: a software package ("skill package") for AI coding assistants, used for the quality and security review of AI generated source code. It is provided in two editions: for Claude Code and for the OpenAI Codex CLI. The company licence includes both editions; the customer chooses in the customer portal which of them to download. What is acquired is a permanent, indefinite right of use (company licence) in return for a one time payment. In addition, a monthly cancellable Update Subscription can be booked, which includes access to newly released versions. The licence and Update Subscription can be paid for by credit card, PayPal or, where offered, by SEPA direct debit (Section 18).

Part B is primarily aimed at consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), that is, natural persons who conclude the aforementioned products for a purpose that cannot predominantly be attributed to either their commercial or their independent professional activity (for example, individuals who purchase the AI Certificate privately). If a customer books as a trader within the meaning of § 14 BGB (in particular where the booking is made in the context of a commercial, freelance or other independent activity, which will regularly be the case for team/company licences of the AI Certificate and for bookings of Company Audit), the consumer protection provisions of this Part B, in particular the statutory right of withdrawal under Section 12, do not apply; in that respect, Sections 1 to 8 apply in addition. By contrast, we grant the voluntary money back guarantee under Section 13 irrespective of whether the customer acts as a consumer or as a trader.

10. Conclusion of the Contract

The presentation of the online products on provimedia.de does not constitute a binding offer by the Provider, but a non binding invitation to the customer to submit an offer.

The ordering process proceeds as follows: the customer selects the desired product (or, in the case of the AI Academy, the desired licence type and number of licences; in the case of Company Audit, the desired plan), enters the data required to carry out the order (including the email address and, in the case of business use, if applicable the company address and VAT ID) and completes the order via the "Buy now" button or a comparably clearly worded button. By clicking this button, the customer submits a binding offer to conclude a contract for the selected online product. Before finally submitting the order, the customer can correct their entries at any time using the usual keyboard and mouse functions and the back function of the internet browser.

Payment is made, depending on the payment method selected, via the payment service provider Stripe (Stripe Payments Europe, Ltd.) or, where offered for the respective product, by SEPA direct debit under Section 18.

In the case of payment via Stripe, the contract is concluded as soon as the payment has been successfully authorised or completed via Stripe and the Provider activates access. In the case of payment by SEPA direct debit, the contract is concluded as soon as the customer has issued the SEPA direct debit mandate and the Provider activates access; in this case, activation takes place before the collection of funds. In both cases, no separate express declaration of acceptance is made. Immediately after activation, the customer receives an automatic confirmation email to the email address provided, containing the essential order data and the access information and, in the case of payment by SEPA direct debit, a copy of the mandate issued.

The text of the contract is not separately archived by the Provider for the customer and is no longer retrievable via this website after the order has been completed. We therefore recommend that the customer save or print out the order confirmation and these GTC at the time the contract is concluded. The customer can also subsequently view or download the order data and invoices (for the AI Academy via the "Invoices" menu item in the customer account) via their customer account, provided such an account has been set up.

The language of the contract is German. For the English-language version of this website, English is the language of the contract. For further language versions, the respective language applies only once the contractual texts are available in full in that language; until then, German remains the language of the contract.

11. Prices, Payment, Due Date and Access

All prices stated are final prices and include statutory value added tax, insofar as this is chargeable. For bookings by traders with a valid VAT ID within the EU (outside Germany), value added tax may be waived under the reverse charge mechanism; the applicable tax is determined during the order process by Stripe's automated tax calculation and shown on the invoice.

For the AI certificate, at the time these GTC were drawn up, the following tiered prices per participating person apply: individual EUR 19.90, team of 2 or more persons EUR 14.90 per person, enterprise of 20 or more persons from EUR 9.90 per person. This is a one-time payment without a subscription; no automatically recurring fee arises. The prices current at any given time are set out on the product page at the time of ordering.

For the Company Audit, the prices for the "Solo", "Business" and "Agency" plans stated on the respective product page at the time of ordering apply. Payment is likewise made as a one-time payment via Stripe; the corresponding service or usage period follows from the product description to which the customer agrees when ordering.

For Code Guardian, the prices stated on the product page at the time of ordering apply. The acquisition of the company licence is a one-time payment; no automatically recurring fee arises for it. The optional update subscription, by contrast, is a continuing obligation: it is concluded for an indefinite period, the fee falls due monthly in advance, and the contract may be terminated by either party at any time with effect from the end of the month for which payment has already been made. There is no minimum term. The period included in the licence purchase price during which updates can be obtained without a separate fee follows from the product page; the first debit under the subscription only takes place after that period has ended. After the subscription ends, the right to use the licence and all versions published up to that point remain permanently in place; only versions published later are no longer provided.

Consumers may end the update subscription at any time via the "Cancel Contracts Here" button, which is accessible in the footer of every page of provimedia.de and requires no login (§ 312k BGB). Alternatively, termination is available in the customer portal. Receipt of the termination notice is confirmed without delay in text form; the confirmation states the time of receipt as well as the point in time at which the contract ends.

The purchase price is due for payment immediately upon conclusion of the contract and is collected via Stripe by credit card or PayPal as part of the order process. Access to the respective online product (the course content of the AI Academy or the Compliance Cockpit) is activated for the customer immediately after successful payment.

For Code Guardian, the customer may choose SEPA direct debit instead of credit card or PayPal, insofar as this payment method is offered during the order process. Section 18 then applies in addition and takes precedence. We do not charge a fee for choosing SEPA direct debit.

12. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal under §§ 355, 356 BGB. The complete, statutorily prescribed withdrawal instructions as well as the model withdrawal form are available separately and at any time at provimedia.de/widerruf. These separate withdrawal instructions form part of these GTC. The automated self-service function for immediate refunds provided there is currently available for bookings of the AI Academy. If a consumer wishes to withdraw from a contract for the Company Audit, they declare the withdrawal by an unambiguous statement (e.g. by email or letter) to the Provider using the contact details stated in Section 9, or by means of the model withdrawal form provided at provimedia.de/widerruf; in this case, the Provider processes the withdrawal manually and confirms it by email.

In summary: consumers may withdraw from a contract for the aforementioned online products within 14 days without giving reasons. The withdrawal period begins on the day the contract is concluded.

Important notice on the premature expiry of the right of withdrawal for digital content and digital services: The online products offered here are digital content or digital services within the meaning of § 312f(3) BGB that are not supplied on a tangible data carrier. Because access to the course, to the Compliance Cockpit, or to the licence key and download of Code Guardian is granted at the customer's express request before expiry of the withdrawal period, the right of withdrawal expires prematurely under § 356(6) BGB, provided that the customer, during the order process:

• has expressly consented that the Provider begins performance of the contract (i.e. by activating access or by providing the digital service) before expiry of the withdrawal period, and
• has confirmed their knowledge that, by giving this consent, they lose their right of withdrawal once performance of the contract begins.

Without this express consent and acknowledgement, access would only be activated after expiry of the 14-day withdrawal period. The customer may choose between immediate activation (with loss of the right of withdrawal upon commencement of performance of the contract, or pro rata compensation for the value under § 357a BGB in the event of an early withdrawal) or access only after expiry of the period.

Irrespective of the statutory right of withdrawal and its possible premature expiry, we additionally grant the voluntary 30-day money-back guarantee under Section 13.

13. Voluntary 30-Day Money-Back Guarantee

In addition to the statutory right of withdrawal under Section 12 (irrespective of whether it has already expired in an individual case), the Provider voluntarily grants purchasers of the AI Academy a 30-day money-back guarantee from the date of purchase. This is a separate contractual undertaking by the Provider (a guarantee within the meaning of § 443 BGB) which exists alongside the statutory right of withdrawal without replacing it, and which leaves unaffected any requirements and legal consequences of that right (in particular the compensation for the value under § 357a BGB in the event of early commencement of performance of the contract).

Under this guarantee, the customer may, within 30 days of the date of purchase, request a full refund of the amount paid via the self-service function at provimedia.de/widerruf, even if the course has already been completed in full and a certificate has already been issued. The refund is made automatically to the payment method used for the original payment, generally within 5 to 10 business days. Upon a refund under this guarantee, the customer's course access ends; a certificate already issued, as well as any associated team access, automatically loses its validity (withdrawal of the certificate).

This guarantee applies exclusively to the AI Academy. For the Company Audit, the statutory warranty rights and, insofar as applicable, withdrawal provisions apply; a separate 30-day money-back guarantee does not exist for it, unless otherwise stated on the respective product page.

14. Usage Rights to the Certificate and Other Digital Content

Upon successful completion of the AI Academy, the customer or the certified individual, as applicable, receives a PDF certificate and, in the case of corporate licenses, a compliance seal for integration on the customer's own website, each with a unique verification URL publicly accessible at provimedia.de/ki-zertifikat/verify/{Token}. The provider grants the customer or the certified individual a non-exclusive, non-transferable right, limited in time to the validity period of the certificate, to use and publish the certificate or seal unaltered for evidentiary purposes (for example toward authorities, customers, within the customer's own company, or on its website). Any change to the content, in particular a change to the name, date of issue, result, or verification URL, is not permitted.

The certificate of the AI Academy is valid for a limited period from the date of issue (as a rule, one year); once validity expires, the verification URL indicates the certificate as expired. The provider will inform the customer of the option to recertify in good time before expiry. If the purchase of the certificate is withdrawn from or refunded under section 12 or 13, the right of use to the certificate and the seal lapses retroactively as of the date of the refund; the customer is obliged to remove any publication of the certificate or seal that has already taken place without delay.

All other content of the online products (course content, texts, graphics, evaluations in the Compliance Cockpit, and similar) is protected by copyright and may be used exclusively for the personal or internal business use permitted under the contract. Reproduction, disclosure to third parties beyond the booked licenses, or making the content publicly available is not permitted without the provider's prior written consent.

15. Availability

The provider endeavors to keep the online products available at all times but cannot guarantee uninterrupted availability (no 100% uptime). Brief interruptions may occur in particular due to maintenance work, technical faults, force majeure, or outages at service providers engaged by the provider (for example hosting providers, payment service providers). The provider will carry out announced maintenance work outside customary hours of use, to the extent reasonable, and will remedy faults within a reasonable period.

16. Liability (Consumers)

For claims by consumers under this Part B, the following applies in addition to section 7: The provider's liability for damages arising from injury to life, body, or health resulting from a negligent or intentional breach of duty by the provider, its legal representatives, or vicarious agents, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents, is in no way limited or excluded by these Terms and Conditions. Also unaffected remains the mandatory liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG), as well as any liability arising from the assumption of a guarantee (in particular the money back guarantee under section 13) or from fraudulent concealment of a defect.

In all other respects, the provider is liable in accordance with the statutory provisions for the breach of material contractual obligations (cardinal obligations), limited to the damage typically foreseeable for this type of contract, provided that neither intent nor gross negligence is present. Any further liability of the provider for slight negligence is excluded to the extent permitted by law.

17. Applicable Law and Place of Jurisdiction (Consumers)

The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer acts as a consumer with habitual residence in another EU member state, the mandatory consumer protection provisions of the law of that state, which cannot be derogated from by agreement under the law of that state, remain unaffected by this choice of law.

For consumers, only the statutory place of jurisdiction applies for judicial competence; the jurisdiction agreement in section 8 does not apply to consumers. The provider is not obliged, and as a general rule not willing, to participate in a dispute resolution procedure before a consumer dispute resolution body.

18. Payment by SEPA Direct Debit

18.1 Payment Method and Procedure

For Code Guardian, we offer payment by SEPA direct debit insofar as this payment method is displayed during the order process. We use exclusively the SEPA core direct debit scheme (SEPA Core Direct Debit). This also applies where the customer acts as a trader; we do not offer the SEPA business-to-business direct debit scheme (SEPA B2B Direct Debit).

18.2 Granting of the Mandate

The customer grants the SEPA direct debit mandate electronically during the order process by stating the account holder and IBAN, confirming the mandate text displayed in full, and submitting the order. A handwritten signature is accordingly not required. The customer will receive a copy of the granted mandate by email without delay; it states the mandate reference and our creditor identifier. We store the wording of the mandate in the version confirmed by the customer.

The mandate applies

• to a one-time payment where the license is purchased without an update subscription,
• to recurring payments where the license is purchased with an update subscription.

If an update subscription is booked only at a later date, a new mandate for recurring payments is required for it.

The customer may revoke the mandate at any time. The revocation takes effect for future collections as soon as it reaches us; claims already due remain unaffected by this and must then be paid by another means. If we do not collect any payment for 36 months, the mandate lapses; a new mandate is then required for further collections.

18.3 Pre-notification, shortened period

We give advance notice of every collection. The notice is provided together with the invoice; it states the gross amount, the mandate reference, our creditor identifier, whether it is a first or a subsequent collection, and the sentence "Collection no earlier than <Date>."

The period between notice and collection is five calendar days, departing from the period of 14 calendar days provided for under the SEPA scheme. This shortening is expressly agreed as part of the mandate; it is stated in the mandate text and in this clause. If the day so calculated falls on a Saturday, a Sunday, or a day on which European payment transactions are suspended, the collection is postponed to the next bank business day.

18.4 Recurring Collection under the Update Subscription

Under the update subscription, we collect the fee stated on the product page on a monthly basis in advance; at the time these terms were adopted, this amounts to EUR 29.75 gross per month (EUR 25.00 net plus 19% VAT). The first collection takes place after expiry of the update period included in the purchase price of the license. The amount and the interval are additionally stated in the mandate text; each monthly invoice states both again and includes the pre-notification under clause 18.3. If the fee changes, the change applies only to future periods and will be communicated separately in advance.

18.5 Account Funds

The customer shall ensure that the account provided holds sufficient funds on the announced collection date and that the collection from that account is possible. If the account holder, the IBAN, or the authorization for the direct debit changes, the customer shall notify us of this in good time before the next collection.

18.6 Returned Direct Debit

If a direct debit is returned, the following applies:

• We will not resubmit the same direct debit. A further collection will only take place on the basis of a new invoice with a new pre-notification under clause 18.3.
• Until the outstanding amount has been received by us, we are entitled to withhold our performance (§ 320 BGB). For this purpose, we will block access to the download and to the supply of new versions. The block is not a contractual penalty; it ends as soon as payment has been received by us and will be lifted without delay. Files already downloaded and the existing license key remain unaffected by the block.
• Under the update subscription, we will not open a further billing period for the duration of the block; the contract otherwise continues.
• We will notify the customer of the returned direct debit and give the customer the opportunity to pay the amount by another means.

18.7 Costs of a Returned Direct Debit

If the customer is responsible for the returned direct debit (for example because the account did not hold sufficient funds, the IBAN provided was incorrect, or the account no longer exists), the customer shall reimburse us for the fee that our credit institution has actually charged us for that returned direct debit. We will provide evidence of this fee on request. We do not charge our own processing, personnel, or administrative costs, and we do not levy a flat fee. The customer expressly retains the right to prove that we incurred no loss or a substantially lower loss.

No reimbursement is owed if the customer is not responsible for the returned direct debit. This is the case in particular if the customer exercises its statutory right to demand, within eight weeks of the debit and without stating reasons, a refund, and the customer was not obliged to make the payment, or if the returned direct debit is due to an error on our part.

The statutory claims for default interest and compensation for further default damages remain unaffected. Toward a customer who is not a consumer, the statutory claim to the flat fee under § 288(5) BGB additionally remains unaffected.

18.8 Consumers and Traders

Clauses 18.1 to 18.7 apply to consumers and to traders equally, subject to the following deviations:

• The right to demand, within eight weeks of the debit and without giving reasons, a refund of the amount collected is available to the customer under the terms agreed with its credit institution; we offer exclusively the core direct debit scheme, under which this right exists.
• We may assert the flat fee under § 288(5) BGB only against customers who are not consumers.
• The statutory right of withdrawal for consumers under section 12 remains unaffected by this clause. If a consumer effectively withdraws, we will refund amounts already collected to the account from which they were collected.