An important note beforehand: Your satisfaction is very important to us. Should you have any reason to complain about our services, for whatever reason, please contact us. We will find a solution together!
1. Application
1.1 These General Terms and Conditions apply to all offers by Johner Institut GmbH, Reichenaustraße 39a, 78467 Konstanz ("Johner Institute") concerning general consulting services. By accepting the offer, the contracting party ("Customer") agrees to these General Terms and Conditions. These General Terms and Conditions apply regardless of whether the customer is an entrepreneur (§ 14 BGB), a consumer (§ 13 BGB), or a legal entity under private or public law.
1.2 Deviating conditions of the customer do not apply. This also applies if the Johner Institute does not expressly object to the inclusion.
2. Conclusion of the Contract, Nature, and Scope of Services
2.1 The services of the Johner Institute are determined by the nature and scope as defined in the offer and the mentioned service components therein. These general terms and conditions are also part of the contract.
2.2 Offers from the Johner Institute are non-binding.
2.3 The Johner Institute is free to continue existing orders and accept new orders from third clients, even if they are competitors of the customer.
2.4 The issuance of the order must be in written or text form.
2.5 Changes to the scope of services will be mutually agreed upon between the parties.
2.6 The Johner Institute will safeguard the interests of the client to the best of its ability.
2.7 The Johner Institute is entitled to involve employees, expert third parties, and data processing companies to execute the contract, who are professionally or contractually committed to confidentiality with the Johner Institute.
2.8 The Johner Institute acts as an independent service provider concerning the client within the meaning of § 611 (1) BGB. The provisions of §§ 611 ff. BGB apply even if the services contain elements of other contract types. The non-binding provisions of the BGB take precedence – in this order – over individual agreements, individual orders, and these General Terms and Conditions. Adjustable BGB provisions apply only if no final regulations are set in the aforementioned agreements and these contractual terms. It is clarified that no success is owed when providing consulting and support services. Johner Institute does not guarantee successful certification.
3. Duties of Cooperation
3.1 The customer will provide all necessary data for the performance of the Johner Institute's services in confidence for a trustworthy collaboration.
3.2 Specifically, the customer commits to:
(a) Provide requested documents completely and as early as possible;
(b) Undertake tasks assigned to them per the project plan and agreement;
(c) Review the work results of the Johner Institute immediately and report any defects promptly;
(d) Inform the Johner Institute immediately about delays if a deadline cannot be met;
(e) Name a project manager authorized to make decisions and other possible contacts and notify the Johner Institute of any changes in this person;
(f) Respond to emails from the Johner Institute within a reasonable period, usually not more than one working day.
4. Remuneration, Set-Off
4.1 The remuneration for the Johner Institute's consulting services is determined by the conditions stated in the offer.
4.2 Travel and accommodation costs will be reimbursed to the Johner Institute to the following extent:
(a) Travel and transportation costs: Reimbursement is typically limited to costs for first-class train rides, trips with a private car (mileage allowance 0.50 EUR per km), taxi rides of up to 50.00 EUR, and economy-class flights within Germany at the cheapest fare;
(b) Accommodation: Flat rate of 150.00 EUR per night;
(c) Deviations from the aforementioned accommodation costs might be necessary due to external factors, necessitating prior written coordination with the customer;
(d) Travel time: Travel time is billed at one-third of the actual travel time, provided compensation is calculated by the hourly rate.
4.3 Should the Johner Institute be unable to perform the agreed services due to the customer violating their cooperation duties, it can demand a cancellation fee of up to 75% of the agreed remuneration, considering saved expenses.
4.4 The Johner Institute will invoice the customer monthly for its services unless otherwise agreed.
4.5 Invoices are to be paid within fourteen (14) days without deductions unless otherwise agreed. In case of delay, the Johner Institute is entitled to charge interest on arrears according to § 288 (2) BGB. The Johner Institute reserves the right to claim higher damages caused by delay.
4.6 The customer can only offset claims against the Johner Institute's remuneration with legally established or undisputed claims.
5. Liability
5.1 The Johner Institute is liable to the customer in all cases of contractual and non-contractual liability for damages or compensation for futile expenses caused by intent and gross negligence in accordance with statutory provisions.
5.2 In other cases, the Johner Institute is liable only for the breach of a contractual obligation whose fulfillment enables the proper implementation of the contract in the first place and upon whose compliance the customer regularly relies (so-called cardinal obligation), limited to the foreseeable and typical damage. In all other cases, the Johner Institute's liability is excluded, subject to the provision in 5.3.
5.3 Liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
6. Termination and Legal Consequences
6.1 The Johner Institute will commence its consulting activities on the date agreed upon in the contract.
6.2 The contract can be terminated without specifying reasons with a notice period of three months to the end of a calendar month.
6.3 Each party has the right to extraordinary termination for a substantial reason. A substantial reason exists, in particular, for the client if the customer is in default of payment for more than two months or repeatedly refuses their cooperation obligation even after prior warning.
6.4 Termination must be in writing.
6.5 Termination by one party does not affect the rights and obligations of the parties that have arisen before the legal effectiveness of the termination of the agreement.
6.6 Upon customer termination, the agreed remuneration becomes (proportionately) due according to the following list:
7. Confidentiality, Handling, and Return of Items/Work Results
7.1 The Johner Institute and the customer undertake to keep confidential the business and trade secrets and confidential information of the respective other party that have become known. The obligation to maintain confidentiality continues even beyond the duration of the contracts concluded between the parties. Both parties will ensure that this obligation is also adhered to by their employees.
7.2 The Johner Institute must carefully store all items, especially documents, tables, elaborations, hardware and software, and copies obtained within the framework of its contractual activities as entrusted foreign property, protect them from any unauthorized access or usage, return them upon request at any time and also unsolicited upon termination of the contract to the client unless there is a statutory retention obligation. This excludes a copy that may remain for documentation purposes with the Johner Institute. Clauses 1-3 apply accordingly to objects/work results created by the Johner Institute.
8. Data Protection
8.1 The customer ensures that their existing data processing systems, processes, and data stocks comply with the EU General Data Protection Regulation (GDPR), the Federal Data Protection Act, and the respective state data protection laws. This applies particularly to the processing within the meaning of Art. 4 No. 2 GDPR of data and data stocks. Moreover, an appropriate data backup system must be maintained by the customer before and during the cooperation according to the legal provisions of Art. 32 GDPR.
8.2 The Johner Institute ensures that it does not undertake any actions that violate existing data protection regulations in fulfilling the contract. It undertakes, in particular, to handle passwords and other login data carefully, which are disclosed to it for fulfilling the order. In individual cases, the Johner Institute will coordinate with the person responsible for data security appointed by the client (Data Protection Officer).
8.3 The Johner Institute obliges its vicarious agents deployed in a project for the client to handle passwords and other login data carefully and to maintain data secrecy according to § 53 BDSG.
8.4 The Johner Institute and the customer undertake to conclude a contract processing agreement following Art. 28 GDPR, to the extent legally required for the execution of the contracts concluded based on these General Terms and Conditions. Contract processing is particularly required when the Johner Institute processes personal data for which the customer is responsible within the meaning of Art. 4 No. 7 GDPR in the performance of the contract.
9. Artificial Intelligence
9.1 In certain areas of our products, we use artificial intelligence (AI) to enable various functionalities and optimize our services. We will provide separate information regarding the use of AI models in the respective products. The AI models are trained based on a variety of data and can recognize patterns and respond to them to deliver high-quality services.
9.2 Our customers' data is not used for training the AI models. No transfer of personal data to the AI models takes place without the express consent of the customer.
9.4 Despite careful development and implementation, AI models may make errors. The Johner Institute assumes no liability for decisions made by the customer based on the information provided by the AI. It is the customer's responsibility to evaluate the context and reliability of the information provided by the AI.
10. Intellectual Property
10.1 The content provided by the Johner Institute may be protected by copyright. All rights resulting therefrom, particularly the rights of use under §§ 15 to 27 UrhG, are reserved to the Johner Institute or the authors and licensees unless otherwise agreed.
10.2 The customer acquires no ownership or usage rights to the provided non-personalized content, such as templates, unless otherwise agreed.
11. Adjustment of the General Terms and Conditions
11.1 An adjustment of these conditions can take place if:
(a) required by applicable law;
(b) extending the range of services of the Johner Institute;
(c) providing beneficial changes to the customer.
11.2 The Johner Institute will inform the customer about any change to these General Terms and Conditions before their effectiveness. The information about the change will be sent in an email or other suitable form. The customer will have the opportunity to terminate the contracts concluded based on these General Terms and Conditions at least 14 days before the amendment's effect. The possibility to continue the concluded contracts under the conditions of the General Terms and Conditions valid at the time of conclusion of the contract remains unaffected.
12. Final Provisions
12.1 For legal disputes arising from or in connection with this contract, only German law applies, excluding the provisions of private international law and the UN Sales Convention.
12.2 For merchants or persons without a permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract is Konstanz.
12.3 Oral side agreements do not exist. Supplementary or deviating agreements require the written form to become effective. The requirement for written form can only be waived by written agreement. Individual agreements within the meaning of § 305b BGB remain unaffected by formal requirements if these formal requirements are not mandatory.
12.4 Should any provision of this contract be or become invalid, contain an inadmissible deadline or a gap, the legal validity of the remaining provisions remains unaffected as long as the invalidity is not due to a violation of §§ 305 ff. BGB, a valid provision coming closest to the intended economic objective, shall be deemed agreed in place of the invalid provision. The same applies to a gap. In the case of an inadmissible deadline, the legally permissible amount shall apply.
12.5 The transfer of rights and obligations under the contract to third parties requires the prior written consent of the other party. Consent may only be refused for an important reason.
1. Scope
1.1 These Terms and Conditions apply to the use of the e-learning offerings Auditgarant (hereinafter: "Auditgarant") and Johner Academy (hereinafter: "Johner Academy") of Johner Institut GmbH, Reichenaustraße 39a, 78467 Konstanz (hereinafter "Johner Institute"). By ordering, the contracting party (hereinafter: "Customer") agrees to these Terms and Conditions.
1.2 The contracting party is the person or company ordering the product.
1.3 Deviating conditions of the customer are not applicable. This also applies if the Johner Institute does not expressly object to their inclusion.
1.4 The version of the Terms and Conditions valid at the time of the respective contract conclusion is decisive.
2. Conclusion of Contract
2.1 For Auditgarant and Johner Academy: The contract between the Johner Institute and the customer is concluded in writing through the acceptance of an offer from the Johner Institute by the customer.
2.2 The contract is concluded upon receipt of the customer's acceptance declaration by the Johner Institute in original, as a copy, or in electronic form. Changes made by the customer to the content of contract offers from the Johner Institute are considered a new offer from the customer; the contract will then only be established through explicit acceptance by the Johner Institute, and service performance does not constitute implied acceptance.
3. Access and Customer Obligations
3.1 Access to the contents of Auditgarant and Johner Academy is enabled through the provision of access data.
3.2 The access data is valid for one user only, unless otherwise agreed.
3.3 The customer is obliged to keep the access data and passwords confidential and to prevent unauthorized use by third parties. In case of misuse, the Johner Institute is entitled to block access. The customer is liable for any misuse for which they are responsible.
3.4 The customer is responsible for ensuring that they meet the technical prerequisites for accessing the contents, particularly regarding hardware and operating systems. In the event of further development of the respective e-learning offer by the provider, the customer must independently take the necessary adjustment measures for the software and hardware they use.
3.5 The customer is responsible for revoking access to Auditgarant or Johner Academy for users who leave the customer's employment. If the Johner Institute becomes aware that a user no longer has an active employment relationship with a customer, the Johner Institute can block access for that user.
3.6 The user is always responsible for ensuring the regulatory compliance of a quality management system or technical documentation created using the videos and templates from Auditgarant or Johner Academy.
4. Scope of Services and Availability
4.1 The contents accessible to the customer within a membership are defined in the offer.
4.2 The contents of Auditgarant or Johner Academy are generally available seven days a week, 24 hours a day, with an availability of 95% calculated on the calendar year.
4.3 The Johner Institute is entitled to change, restrict, or replace the contents accessible through the respective membership of Auditgarant or Johner Academy, and reasonably modify modules regarding their contents, especially reducing or expanding them. If such a change leads to a significant restriction of content accessible to the customer according to their membership, they are entitled to terminate the contract without notice. The right to terminate must be exercised within six weeks of the significant restriction taking effect.
4.4 The Johner Institute does not guarantee regulatory compliance, passing audits, or inspections by notified bodies, authorities, or other regulatory entities of quality management systems or technical documentation.
5. Intellectual Property and Usage Rights; Contractual Penalty
5.1 The contents provided by the Johner Institute are protected by copyright. All associated rights, especially reproduction, translation, reproduction by photocopy or similar means, storage and processing using electronic data processing, or distribution in computer networks - even in extracts - are reserved by the Johner Institute or the authors. The customer does not acquire any ownership or exploitation rights to the provided contents.
5.2 The customer receives the simple, time-limited, non-transferable right to use the services listed and ordered in the offer within the scope of the ordered usage and following the subsequent provisions.
5.3 The membership in Auditgarant (regardless of the version) or Johner Academy does not constitute consulting by the Johner Institute. Therefore, the Johner Institute must not be cited as a consulting firm (e.g., to notified bodies/certification bodies) if the customer has not engaged additional consulting services from the Johner Institute beyond a membership in Auditgarant or Johner Academy.
5.4 The Johner Institute grants the customer the usage rights specified in the offer according to § 4 (1).
5.5 The usage right is limited to the customer. The retrieved documents may only be used by them for their own usage during the subscription period. Any transfer, particularly selling, renting, leasing, or lending of contents or documents, is prohibited.
5.6 It is prohibited to collect, reproduce, copy to additional data carriers, or save to retrieval systems elements of the computer programs related to the contents for unauthorized third-party use.
5.7 The Johner Institute is entitled to take technical measures to prevent usage beyond the contractually permitted scope, especially to install corresponding access blocks.
5.8 The customer is not entitled to use devices, programs, or other means to circumvent or overcome the provider's technical measures. If the customer violates this, the provider is entitled to immediately block access to the contents and terminate the contract extraordinarily without notice. Further rights and claims of the provider, particularly claims for damages, remain unaffected.
5.9 The customer commits to abiding by applicable laws and regulations when using the Johner Institute's offerings. In particular, no contents, materials, or information may be published or otherwise made accessible that violate legal provisions and/or these usage conditions. Especially the reproduction, publication, and distribution of Johner Institute contents (videos, downloads, other provided materials), regardless of the form, is prohibited unless explicitly agreed otherwise.
5.10 The customer must not misuse the services offered by the Johner Institute in any way. Misuse particularly exists if the customer engages in usage that would require granting, transferring, or exercising rights under copyright law.
5.11 Any culpable violation of § 5 (10) results in a contractual penalty. In such cases, the user must pay an amount of €2,500 for each individual offense and separately for each repeat action. Further claims remain unaffected.
6. Duration and Termination of Contract
6.1 Unless otherwise agreed, the contracts for using Auditgarant have a minimum term of one year and a notice period of fourteen (14) days. After that, the contract can be terminated quarterly.
6.2 For Johner Academy, a minimum term of 6 months and a notice period of 14 days apply.
6.3 Terminations can be made in writing to the above institute address or by email to [email protected]. Alternatively, the customer can also terminate the membership online through their customer account of Auditgarant or Johner Academy. If the contract is not terminated in due time, it will automatically extend by one additional quarter or membership month for Johner Academy, respectively.
6.4 The right to terminate for good cause remains unaffected.
7. Compensation
7.1 The compensation to be paid by the customer for using Auditgarant or Johner Academy is specified in the offer concluded with the Johner Institute.
7.2 The compensation for using Auditgarant or Johner Academy is payable in advance. The exact payment conditions are described in the offer.
8. Liability
8.1 The Johner Institute is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenditures.
8.2 In other cases, the Johner Institute is liable, unless otherwise regulated in (3), only for the violation of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible and on whose observance the customer regularly relies (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability of the Johner Institute is excluded, subject to the regulation in (3).
8.3 Liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
9. Artificial Intelligence (AI) Services
9.1 The Johner Institute uses artificial intelligence (AI) (models from Azure OpenAI) in certain areas of Auditgarant or Johner Academy to enable functionalities such as the analysis of complex regulations and quality management requirements, automated responses, and the generation of individual solutions and optimization suggestions.
9.2 The AI models are trained based on a variety of data and can recognize patterns and respond to provide high-quality services and support customers in complying with regulatory requirements.
9.3 The customer's data is not used for training the AI models. There is no transmission of personal data to the AI models. Even if personal data is stored in Auditgarant or Johner Academy, it is not shared with third parties during the use of the AI models.
9.4 Despite careful development and implementation, AI models can make errors. The Johner Institute assumes no liability for decisions customers make based on information provided by the AI. It is the responsibility of the customer to evaluate the context and reliability of the information provided by the AI.
9.5 By using Auditgarant or Johner Academy, the customer accepts that the Johner Institute uses AI models in Auditgarant or Johner Academy and agrees to the associated terms and conditions.
10. Final Provisions
10.1 German law exclusively applies to legal disputes arising from or in connection with this contract, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
10.2 For merchants or persons without a permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract is Konstanz.
10.3 Supplementary or deviating agreements require writing to be effective. The requirement of written form can only be waived by written agreement.
10.4 Should any provision of this contract be or become invalid, contain an unacceptable time limit, or be incomplete, the legal validity of the remaining provisions shall remain unaffected. If the invalidity is not due to a violation of §§ 305 ff. BGB, a valid provision that economically comes closest to what the parties intended, shall be deemed agreed upon instead of the invalid provision. The same applies in the case of a gap. In the case of an unacceptable deadline, the legally permissible measure applies.
1. Costs and Terms of Payment
1.1 Public Seminars
Please refer to our website for the prices of public seminars. The discount scales are also listed there in case you wish to attend a seminar with several colleagues.
You will receive the invoice by email immediately after registration. We kindly ask you to settle the invoice within 14 days without deduction.
1.2 In-house Seminars
Separate conditions apply to in-house seminars. We will be happy to provide you with a corresponding offer upon request.
2. Cancellation Clause
It is not unusual for priorities to change during the course of a project or for unplanned constraints to arise. We understand this. Therefore, we offer you the option of canceling seminars that have already been booked free of charge up to two weeks in advance. Please understand that we have to charge the following cancellation fees for even shorter-notice cancellations for both in-person and online seminars:
However, you can send a replacement participant at any time, even at very short notice.
3. Severability Clause and Further Agreements
If any of these clauses should be invalid, the remaining clauses shall remain in force. We will work with you to find an adequate replacement for the invalid clause.
If we make individual or project-specific agreements with you that contradict the provisions of this document, the individual or specific agreements shall take precedence.
4. Place of Jurisdiction
Even though we cannot imagine how this could happen, we would like to agree that the place of performance for all mutual services arising from the contract/purchase shall be our registered office in Konstanz. The court in Konstanz shall also have jurisdiction. German law shall apply.
We have never had a dissatisfied customer. It is very important to us that this remains the case.
1. Scope
1.1 These Terms and Conditions apply to the use of the Radar Products (Regulatory Intelligence, Regulatory Radar, Post-Market Radar), including all services provided under it (hereinafter "Radar Products") of Johner Institut GmbH, Reichenaustraße 39a, 78467 Konstanz, Germany (hereinafter "Johner Institut"). By ordering, the contractual party (hereinafter referred to as "Customer") agrees to these Terms and Conditions.
1.2 The contracting party is the person or company ordering the product.
1.3 Deviating conditions of the customer are not applicable. This also applies if the Johner Institute does not expressly object to their inclusion.
1.4 The version of the Terms and Conditions valid at the time of the respective contract conclusion is decisive.
2. Conclusion of Contract
2.1 The contract between the Johner Institute and the customer is concluded in writing through the acceptance of an offer from the Johner Institute by the customer.
2.2 The contract is concluded upon receipt of the customer's acceptance declaration by the Johner Institute in original, as a copy, or in electronic form. Changes made by the customer to the content of contract offers from the Johner Institute are considered a new offer from the customer; the contract will then only be established through explicit acceptance by the Johner Institute, and service performance does not constitute implied acceptance.
3. Access and Customer Obligations
3.1 Access to the contents of the Radar Products is enabled by creating a customer account.
3.2 The access data is valid for one user only, unless otherwise agreed.
3.3 The customer is obliged to keep the access data and passwords confidential and to prevent unauthorized use by third parties. In case of misuse, the Johner Institute is entitled to block access. The customer is liable for any misuse for which they are responsible.
3.4 The customer is responsible for ensuring that they meet the technical prerequisites for accessing the contents, particularly regarding hardware and operating systems. In the event of further development of the respective e-learning offer by the provider, the customer must independently take the necessary adjustment measures for the software and hardware they use.
3.5 The customer is responsible for revoking access to the Radar Products for users who leave the customer's employment. If the Johner Institute becomes aware that a user no longer has an active employment relationship with a customer, the Johner Institute can block access for that user.
4. Scope of Services and Availability
4.1 The contents accessible to the customer within a membership are defined in the offer.
4.2 The Radar Products are generally available seven days a week, 24 hours a day, with an availability of 95% calculated on the calendar year.
4.3 The Johner Institute is entitled to change, restrict, or replace the Radar Products' content accessible through the respective membership, and reasonably modify modules regarding their contents, especially reducing or expanding them. If such a change leads to a significant restriction of content accessible to the customer according to their membership, they are entitled to terminate the contract without notice. The right to terminate must be exercised within six weeks of the significant restriction taking effect.
4.4 The Johner Institute does not guarantee regulatory compliance, passing audits, or inspections by notified bodies, authorities, or other regulatory entities of quality management systems or technical documentation.
5. Intellectual Property and Usage Rights; Contractual Penalty
5.1 The contents provided by the Johner Institute are protected by copyright. All associated rights, especially reproduction, translation, reproduction by photocopy or similar means, storage and processing using electronic data processing, or distribution in computer networks - even in extracts - are reserved by the Johner Institute or the authors. The customer does not acquire any ownership or exploitation rights to the provided contents.
5.2 The customer receives the simple, time-limited, non-transferable right to use the services listed and ordered in the offer within the scope of the ordered usage and following the subsequent provisions.
5.3 The Johner Institute grants the customer the usage rights specified in the offer according to § 4 (1).
5.4 The usage right is limited to the customer. The retrieved documents may only be used by them for their own usage during the subscription period. Any transfer, particularly selling, renting, leasing, or lending of contents or documents, is prohibited.
5.5 It is prohibited to collect, reproduce, copy to additional data carriers, or save to retrieval systems elements of the computer programs related to the contents for unauthorized third-party use.
5.6 The Johner Institute is entitled to take technical measures to prevent usage beyond the contractually permitted scope, especially to install corresponding access blocks.
5.7 The customer is not entitled to use devices, programs, or other means to circumvent or overcome the provider's technical measures. If the customer violates this, the provider is entitled to immediately block access to the contents and terminate the contract extraordinarily without notice. Further rights and claims of the provider, particularly claims for damages, remain unaffected.
5.8 The customer commits to abiding by applicable laws and regulations when using the Johner Institute's offerings. In particular, no contents, materials, or information may be published or otherwise made accessible that violate legal provisions and/or these usage conditions. Especially the reproduction, publication, and distribution of Johner Institute contents (videos, downloads, other provided materials), regardless of the form, is prohibited unless explicitly agreed otherwise.
5.9 The Johner Institute is not responsible for content (e.g., texts, images, layouts, illustrations) that the customer provides or uploads or for content that results from use by third parties, in particular contractual partners of the customer.
5.10 The customer must not misuse the services offered by the Johner Institute in any way. Misuse particularly exists if the customer engages in usage that would require granting, transferring, or exercising rights under copyright law.
5.11 Any culpable violation of § 5 (10) results in a contractual penalty. In such cases, the user must pay an amount of €2,500 for each individual offense and separately for each repeat action. Further claims remain unaffected.
6. Duration and Termination of Contract
6.1 Unless otherwise agreed, this contract has a minimum term of one year and a notice period of three (3) months. Termination notices can be sent in writing to the institute's address given above or by email to [email protected]. If a notice of termination is not given in due time, the contract will be extended by a further year in each case.
6.2 The right to terminate for good cause remains unaffected.
7. Compensation
7.1 The compensation to be paid by the customer for the use of the Radar Products is specified in the offer concluded with the Johner Institute.
7.2 The compensation for the use of the Radar Products is to be paid in advance in each case. The exact payment conditions are described in the offer.
8. Liability
8.1 The Johner Institute is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenditures.
8.2 Liability for defects of any kind in content generated using the Radar Products (e.g., PDF exports) is excluded, unless the defects are due to a fault in the Radar Products itself. The customer shall indemnify the Johner Institute and its agents against liability for defective content in relation to third parties.
8.3 In other cases, the Johner Institute is liable, unless otherwise regulated in (4), only for the violation of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible and on whose observance the customer regularly relies (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability of the Johner Institute is excluded, subject to the regulation in (4).
8.4 Liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
9. Artificial Intelligence (AI) Services
9.1 The Johner Institute uses artificial intelligence (AI) (models from Azure OpenAI) in certain areas of the Radar Products to enable functionalities such as analysis of customer-specific databases and generation of targeted responses.
9.2 The AI models are trained based on a variety of data and can recognize patterns and respond to provide high-quality services and support customers in analyzing databases they have built themselves.
9.3 The customer's data is not used for training the AI models. No personal data is transferred to the AI models. Even if personal data is stored in the Radar Procuts, it will not be passed on to third parties when using the AI models.
9.4 Despite careful development and implementation, AI models can make errors. The Johner Institute assumes no liability for decisions customers make based on information provided by the AI. It is the responsibility of the customer to evaluate the context and reliability of the information provided by the AI.
9.5 By using the Radar Procuts, the customer accepts that the Johner Institute uses AI models in the Radar Procuts and agrees to the associated terms and conditions.
10. Final Provisions
10.1 German law exclusively applies to legal disputes arising from or in connection with this contract, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
10.2 For merchants or persons without a permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract is Konstanz.
10.3 Supplementary or deviating agreements require writing to be effective. The requirement of written form can only be waived by written agreement.
10.4 Should any provision of this contract be or become invalid, contain an unacceptable time limit, or be incomplete, the legal validity of the remaining provisions shall remain unaffected. If the invalidity is not due to a violation of §§ 305 ff. BGB, a valid provision that economically comes closest to what the parties intended, shall be deemed agreed upon instead of the invalid provision. The same applies in the case of a gap. In the case of an unacceptable deadline, the legally permissible measure applies.
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