Terms of Use of the Gyde Platform

Gyde GmbH, Friedrichstraße 9, 70174 Stuttgart (hereinafter referred to as "Provider") provides as provider and operator via an app and/or web app the Gyde platform (hereinafter referred to as "Platform") as part of the service provision for a training program for managers and employees, aiming at personal development and exchange with managers and employees from other companies.

These terms of use apply to the use of the Gyde platform provided via app or web app by the user and inform you about the usage possibilities. These terms of use apply exclusively. Contrary or deviating terms and conditions of the user will not be recognized unless the provider has expressly agreed to their validity.

Should the legal or actual framework conditions for using the platform change, we reserve the right to adapt the content of these terms of use. Changes will be communicated to you in a timely manner.

1. How and under what conditions do I gain access to the platform?

The use of the platform requires that you register with a business email address provided by your company and a self-chosen secure password. If you have a user account with Google (https://myaccount.google.com/) or Apple (https://appleid.apple.com/) linked to your business email address, you can also log in through Google or Apple.

The registration and use of the platform is available to you within the framework of the terms of use and is made possible to you through your company, provided that the company has entered into a corresponding contract with the provider and you have consented to the transfer of your personal data to the provider by your company for pre-registration with the provider. There is no entitlement to registration and use of the platform. Only one registration is permitted per person. Only those who have reached the age of eighteen, are fully legally capable, and confirm during registration the acknowledgment of the data protection notices and the applicability of the terms of use can become a user.

We use the so-called double opt-in procedure for registration, i.e. your registration is only complete when you have previously confirmed your registration by clicking on the link contained in a confirmation email that has been sent to you for this purpose.

If you have forgotten your password, please contact us with a corresponding message at info@gyde.io.

Upon full registration, you will receive the opportunity to log in to the platform with your access data in your user account and connected therewith the simple, revocable, non-transferable, non-sublicensable right to use the platform for your own purposes and for the duration of the user relationship in accordance with these terms of use. Any use of the platform that deviates from this is prohibited. This applies in particular to the commercial or non-commercial transfer or provision of the platform or parts of the platform to third parties, even if this takes place on computers or devices that are in your possession.

2. What services are offered on the platform?
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The offerings on the platform consist of a training program for managers and employees made up of two components: the smartphone app or web app and group coaching conducted via video conferencing with a coach and managers or employees from other companies.

Learners will be provided with learning content in the form of microlearning units on the platform. In addition to simple text content, small quizzes and reflection tasks that can be answered through multiple-choice or text inputs are offered. The goal of the platform is to convey relevant learning content to the user in a short time, to consolidate the learned material through tasks, and to transfer it into everyday life through reflection tasks.

At regular intervals (e.g. every two weeks), group coaching sessions will be offered as part of the training program. Here, the user will participate in a video conference together with managers and/or employees from other companies and a coach assigned by the provider. During these group coaching sessions, the content learned in the previous weeks will be discussed, and specific situations from the users' everyday lives will be reflected upon. The goal of the group coaching sessions is to consolidate the content learned in the app and transfer it into everyday life, as well as to find solutions to specific challenging situations through mutual exchange and advice from the coach.

3. What functions of the platform are available to me?
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The platform is available to you in several languages (currently German, English).

After registration and/or login, you will be directed to the navigation page of your user profile, where you can make further settings or retrieve information about the platform, especially regarding your courses with the learning content and coaching, and process your learning content.

If you have questions for our coaching team, you can contact our coaching team directly via message to coaching@gyde.io.

4. What obligations do I have to observe when using the platform?
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You are responsible for your information and obligated to provide only truthful information.

You undertake to use the platform and your profile lawfully in accordance with these terms of use. You assure that in the course of use you will not disseminate any criminally relevant content, will not violate applicable law, nor the rights of third parties. In particular, the dissemination of youth-endangering, pornographic, discriminatory, extremist, and racist content, virus attacks, as well as the misuse of the applications for interference in the security precautions of a foreign network, host, or account, and reverse engineering of the platform is prohibited.

You are obliged to protect access to the platform and your profile against unauthorized use by third parties and to keep your password confidential. As a user, you are particularly obliged to treat the chosen password confidentially, protect it from third-party access, and ensure its proper use. In case of suspicion of knowledge and/or misuse of the registration data by third parties, you must inform the provider immediately.

You are responsible for all content that you post or make accessible on the platform and on your profile, such as texts and links. You undertake not to infringe any trademark, copyright, personality, or other rights of third parties.

You indemnify the provider from all damages caused by unauthorized use of access to the platform and your profile or other harmful acts by you or third parties, provided you are at fault.

5. Can I edit my data?‍

You can edit your answers to questions, tests, and reflection tasks at any time. You can also edit and delete your notes.

6. Can I delete my user account?
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You can delete your user account at any time by sending us a corresponding message at info@gyde.io. We will delete it immediately, provided there are no compelling reasons against deletion.

7. Rights and rights granted to the provider; indemnification
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All content made available on the platform, particularly texts, audio, video, or image files, graphics or other works, are protected by copyright or other industrial property rights and belong to the provider, another user, or other third parties who have made the respective content available, unless it is your own.

The permitted use of this content is derived from the framework stipulated on the platform. You are prohibited from reproducing, distributing, editing, modifying, translating, showcasing, presenting, publishing, or exhibiting this content in whole or in part without the consent of the respective rights holder.

If necessary for the service provision by the provider, you grant the provider a simple, free, transferable, sublicensable, spatially and temporally unrestricted right to use the content you have posted on the platform to the extent necessary for the contractually agreed provision of services by the provider. Furthermore, you declare that no rights of third parties oppose the granting of rights.

Should other users or third parties assert claims against the provider due to the use or exploitation of content and other information in connection with the platform by you, in particular due to the infringement of personality rights, copyright, trademark, or performance protection rights, as well as business secrets, you are obliged to indemnify the provider and provide information necessary for legal defense.

8. Violation of the terms of use
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The provider is entitled to remove illegal content, e.g., content that violates statutory or official prohibitions or moral standards, from the platform without prior warning to the user. Furthermore, the provider reserves the right, in such cases, as well as in the event of other violations of the terms of use or applicable law, to impose a usage ban on the user. Serious violations may also result in the complete blocking of access to the platform or deletion of the user account. This does not constitute a basis for a refund by the user.

9. Personal data and data protection
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The provider processes the personal data provided by the registered user in accordance with the applicable provisions of German and European data protection law, in particular the General Data Protection Regulation of the European Union. For further information on the processing of personal data by the provider, we refer to the separate data protection consent provided during the registration process and our data protection notices.

The user assures and is responsible for ensuring that all personal data provided by him/her are truthful and complete and undertakes to report changes to his/her usage data to the provider immediately via message to info@gyde.io.

10. Confidentiality of coaching conversations; secrecy
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During the group coaching sessions, users exchange views with managers from other companies. The user must ensure that no critical internal information is shared in this round. Furthermore, the information exchanged during the group coaching sessions as well as in connection with the use of the platform concerning other users and their companies must be treated confidentially and kept secret from third parties. This obligation continues even after the contract ends.

11. Availability of the platform; updates; limitation of liability
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The provider makes no guarantees regarding the availability, reliability, and functionality of the platform and is not liable for the accuracy, timeliness, and completeness of the content provided by the platform or third-party content (so-called third-party content). The provider reserves the right to impose temporary restrictions on the service due to maintenance work and further developments as far as these are necessary for a proper or improved operation.

The provider reserves the right to make new versions and updates of the services at any time and without prior notice, in particular changes to the design, operational procedures, technical specifications, systems, and other functions of the services.

Liability is excluded unless it is mandatory under the Product Liability Act, for intent, gross negligence, for bodily injury or health, for the assumption of a warranty of quality, for fraudulently concealing a defect, or for the violation of essential contractual obligations or other statutory requirements. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of a contract and on which the contracting parties may regularly rely. Damages due to violations of essential contractual obligations are limited to the typical, foreseeable damage unless intent or gross negligence is established. The liability exclusion applies correspondingly to the legal representatives or vicarious agents of the provider.

12. Miscellaneous
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These terms of use are subject to the law of the Federal Republic of Germany.

If the user does not have a general place of jurisdiction in the country, the jurisdiction is Stuttgart.

If individual provisions of these terms of use are ineffective or become ineffective, this shall not affect the legal validity of the remaining provisions. In place of such provisions, a reasonable regulation shall take effect that comes closest to the purpose of the ineffective provisions. This also applies in the case of a regulatory gap.

Inquiries, questions, complaints, or suggestions can be sent to the following contact details:

Gyde GmbH
Friedrichstraße 9
70174 Stuttgart
info@gyde.io

Stuttgart, October 2024

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