General Terms and Conditions for Digital Products

Here you will find our current GTC for Digital Products (Online Services, Persona Profiler, Sedcards and E-Books).

Persona Institut GmbH
Stefan Rippler
Münzgasse 2
97877 Wertheim
Phone: +49(0)9342-8242981
E-mail: stefan dot rippler et persona minus institut.de

1. scope of application
These General Terms and Conditions apply to contracts for the delivery of digital products not on physical data carriers (in particular Persona sedcards, downloads, online services and eBooks) of the Persona Institute by the purchaser - hereinafter referred to as the Customer - within the scope of the user contracts concluded with the Customer.

They apply in addition to our General Terms and Conditions.

2. right of withdrawal for consumers in contracts for the use of digital content
Consumers are generally entitled to a statutory 14-day right of withdrawal for distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract). A consumer within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

Expiry of the right of withdrawal

Pursuant to Section 356 (5) BGB, your right of withdrawal expires if Persona Institut GmbH has commenced performance of the contract after you
- have expressly consented to us commencing performance of the contract prior to expiry of the withdrawal period and
- have confirmed that you were aware that you would lose your right of withdrawal upon commencement of performance of the contract.

3. data protection
Personal inventory and usage data of the customer are collected, processed and used in machine-readable form within the scope of the purpose of the contractual relationship.

The personal data is used by Persona Institut GmbH exclusively for the purpose of fulfilling the contract. The customer can obtain information about the data stored about him at any time. Persona Institut GmbH treats this information confidentially and does not pass it on to third parties, with the exception of partner companies that require the data to process the order or for the technical implementation of the use of the online service. Further information can be found in our privacy policy.

4. online services
The persona profiler is an online service - a collection of database works that can be accessed online using access data for the duration of the user contract and used to create a persona sedcard. This can then be downloaded as a PDF or PowerPoint file.

4.1 Access data, technical requirements

4.1.1 After concluding a contract of use, the client receives individual access data (user name and password) from Persona Institut GmbH, which he can use to log in to the password-protected online service by means of remote data transmission - as a rule, this takes place 2 working days after receipt of payment for the order placed. This access data authorizes him to use the online service within the scope of his contract of use.

4.1.2 The client must provide the individual technical requirements for access to and use of the online service, including in the event of further development of the software platform or other technical system components by Persona Institut GmbH, in particular the necessary hardware and operating system software, Internet connection and an up-to-date browser. Persona Institut GmbH shall provide the Client with information on the browser to be used in each case upon request.

4.2 Rights of use

4.2.1 The customer receives the contractually agreed simple right to use the Persona Profiler, which is limited to the duration of the usage contract and is not transferable to third parties.

4.2.2 The retrieved contents and documents may only be used by the customer for his own use. Any commercial use, in particular the selling, renting, leasing or lending of programmes or documents, both in printed and file form, is not permitted. The permanent storage of substantial amounts of data for the production of one's own systematic collections is not permitted.

4.3 Secrecy and misuse of access data

4.3.1 The access data provided to the customer exclusively entitles him/her as a contractual partner to use the online service and must be kept secret by him/her. Unauthorised use by third parties is prohibited and must be prevented by the customer.

4.3.2 The client is liable for any misuse for which he/she is responsible. Persona Institut GmbH has the right to block access to the online service. If the Client becomes aware of any misuse of the access data, he is obliged to inform Persona Institut GmbH immediately.

4.4 Scope of services, periods of unavailability

4.4.1 Persona Institut GmbH is responsible for the connection of its servers to the Internet and must ensure accessibility, e.g. through suitable contracts with its provider.

4.4.2 The online services can generally be used seven days a week, 24 hours a day. Use with reasonable response times is guaranteed. When creating a new Pesona Sedcard, the filling of the Sedcard with data requires two full working days - Saturdays excluded. Rippler Media GmbH strives for an annual average of 97% availability of online services.

4.4.3 Periods of unavailability are not included in the determination of downtime.

- due to a lack of technical requirements to be provided by the customer for access to and use of the online service,

- due to faults in the data transmission network, or

- due to force majeure, such as power failures or network disruptions,

- due to routine or necessary maintenance or updating measures.

4.5 Reservation of right of modification

Persona Institut GmbH reserves the right to change the content of the online service at any time, in particular to reduce or expand the scope of the service.

4.6 Costs and terms of payment

4.6.1 Persona Institut GmbH charges the client the one-off price shown on the pricing overview page. All prices are final prices in euros and are subject to VAT.

4.6.2 Unless otherwise agreed, the usage fee is due for payment without deduction by Paypal or bank transfer on the specified due date after the order is placed. Invoices shall be issued no later than two working days (except Saturdays) after the order is placed.

4.6.3 The customer has the option to pay via PayPal. To be able to pay with the online payment service PayPal, a PayPal account is required. Further information on this can be found at www.paypal.com.

4.6.4 Notwithstanding No. 4.5, Persona Institut GmbH may increase the remuneration due to cost increases. The Client will be notified of the adjustment to the remuneration. In this case, the Client has an immediate special right of termination.

4.7 Warranty for defects, notification of defects

4.7.1 A material defect exists if the online service does not have the agreed quality and the contractual use is consequently not possible or only possible to a limited extent. The agreed quality results exclusively from the description on the Persona-Institut website, from advertising materials or FAQs.

4.7.2 Persona Institut GmbH must be notified immediately by the Client of any defects or faults that occur by means of a comprehensible, written description of the defect. After receipt of the description of the defect in text form, Persona Institut GmbH shall remedy any defects that can be remedied within a reasonable period of time for the individual case.

4.7.3 The client is only entitled to extraordinary termination if the defect cannot be rectified by Persona Institut GmbH within a reasonable period of time in the individual case. In all other respects, the statutory provisions apply.

4.8 Limitation of liability

4.8.1 Persona Institut GmbH applies the care that can normally be expected when selecting, maintaining and updating the content of the online services. Insofar as the Persona Institut GmbH is dependent on the supply of texts from third parties, the Persona Institut GmbH assumes no liability for the correctness, topicality and completeness of the content provided and the selection and compilation thereof.

4.8.2 Persona Institut GmbH shall be liable in accordance with the statutory provisions for damages due to injury to life, limb or health, in the event of intent or gross negligence on the part of Persona Institut GmbH, a legal representative or vicarious agent, as well as for damages covered by a guarantee or warranty.

4.8.3 In the event of slight negligence, the Persona Institut GmbH shall only be liable for compensation for foreseeable damages typical for this type of contract and only insofar as an obligation, the proper fulfillment of which is essential for the execution of this contract and on the observance of which the contractual partner could rely (cardinal obligation), has been breached by the Persona Institut GmbH, a legal representative or vicarious agent. Otherwise, liability is excluded to the extent permitted by law.

4.9 Copyright

4.9.1 The digital content and online services in question are database works specially produced by Persona Institut GmbH, specifically databases within the meaning of Sections 4 (2) and 87a (1) UrhG. The associated computer programs are protected by Sections 69a et seq. of the German Copyright Act (UrhG).

4.9.2 Persona Institut GmbH is the rights holder with regard to all other elements of the databases, in particular with regard to the rights of use and ancillary copyrights to content and documents.

5. e-books and downloads
5.1 After completing an order process via persona-institut.de, the customer receives the simple, non-transferable right to use a persona sedcard, a target group matrix, a playbook or an e-book or download for exclusively personal use in accordance with copyright law in the manner offered in each case - regardless of whether the download was free of charge or subject to a charge.

5.2 The right of use begins as soon as Persona Institut GmbH has made the download option available to the Client. This is done by sending an e-mail to the e-mail address provided by the Client and registered with Persona Institut GmbH.

5.3 This email contains a link to download the download. The download link is available for a period of 14 days.

5.4 The customer himself is responsible for transferring the file to his end device in good time before the expiry of this period and for protecting the file there by means of security measures (e.g. backup).

5.5 The transfer of downloads to various computers or mobile end devices of the customer is permitted for personal use. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to post them on the Internet or in other networks against payment or free of charge, to imitate them, to resell them or to use them for commercial purposes.

5.7 A further transfer of the rights to third parties is excluded.

6. general
6.1 The place of performance is Wertheim.

6.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

6.3 If the customer is a merchant or a person under public law or if the customer does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Wertheim.

6.4 Persona Institut GmbH does not participate in dispute resolution proceedings before a consumer arbitration board.

6.5 Ancillary agreements, amendments or supplements must be in writing in order to be effective, as must the waiver of the written form requirement.

6.6 Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.

Status: 01.10.2024