Terms of Use – Learning Platform
English translation for information purposes. The legally binding version of these Terms of Use is the German version. In the event of any discrepancy, the German version prevails.
1. Scope
1.1 simpleclub GmbH (hereinafter "SC" or "we") provides a learning platform for pupils, apprentices (Azubis) and students (hereinafter the "Platform") at www.simpleclub.com, app.simpleclub.com (hereinafter the "Website") and in the "simpleclub" app (hereinafter the "App").
1.2 Further details about SC can be found here: https://simpleclub.com/impressum.
1.3 These Terms of Use govern the provision of the services on the Platform by SC and the use of these services by the user (hereinafter "you" or "user").
1.4 The contract is concluded in the German language.
1.5 Note for apprentices who use the Platform on the basis of a contract between their training company and SC: please refer to Section 6.
2. Platform Offering
2.1. Content of the Platform
On the Platform, SC makes available learning content such as learning videos, practice exercises, summaries, animations, etc. (hereinafter collectively the "Learning Content") as well as features that support you in learning, such as a download function, study plans, comprehension levels, etc. (hereinafter collectively the "Features"). The Learning Content, the Features and the other content of the Platform are hereinafter referred to as the "Content".
2.2. No Warranty of Completeness or Success
Although SC takes the relevant curricula into account when creating and maintaining the Learning Content, it creates and maintains this Learning Content at its own editorial and substantive discretion. It is therefore clarified that SC assumes no responsibility for the factual accuracy, completeness (in the sense of covering all curriculum content) or up-to-dateness of the Learning Content. It is also clarified that SC does not owe any kind of success (e.g. improvement of grade averages, passing of examinations).
2.3. Dynamic Nature of the Service Offering
It is in the nature of the matter that the Learning Content provided on the Platform constitutes a dynamic service offering. SC therefore reserves the right to regularly supplement, revise, update, replace or otherwise reasonably adapt the Learning Content, provided that the scope of services is not thereby altered. "Scope of services" here means the structural characteristics of the Platform offering, in particular grade levels, range of subjects, federal states covered or training occupations provided.
2.4. Artificial Intelligence (AI Features) and Fair Use
2.4.1 SC may voluntarily provide additional applications on the Platform that are based on artificial intelligence (e.g. chat assistance, exercise help, personalised learning support; hereinafter "AI Features"). These AI Features are voluntary additional services and do not form part of the contractually owed scope of services. SC may change, restrict or discontinue them at any time. As soon as a separate fee is charged for AI Features, you may choose whether to additionally make use of them or to continue using the Platform without AI Features on the previous terms.
2.4.2 In order to ensure stable operation, SC may throttle or apply usage quotas to the AI Features if your individual usage in a calendar month exceeds the average consumption of active users on the same tariff level by more than 200% (fair use).
2.4.3 SC will inform you of a planned restriction 48 hours in advance. In the event of abusive use or imminent system overload, SC may throttle the AI Features immediately on a provisional basis; you will be informed without undue delay.
2.4.4 Restrictions of the AI Features do not affect access to the remaining content of your subscription and do not constitute availability outages within the meaning of Section 4.3.
3. Free Use of the Platform
SC makes parts of the Content available free of charge. However, the use of certain Features within the free offering requires registration and thus the conclusion of a (free) usage contract between SC and the user. The following provisions of this Section 3 as well as the general provisions of Section 5 apply.
For the free trial period preceding the start of a paid subscription, please refer to Section 4.7.
3.1. Registration / Conclusion of Contract
3.1.1 You register on our Website or in our App either using your email address and a password of your choice, or by using your login credentials from social login providers (such as Google, Facebook or Apple).
3.1.2 The option to register for a simpleclub account does not constitute an offer, but merely an invitation to submit an offer to conclude a free usage contract. By registering, you submit an offer for the free use of our Platform as a registered user in accordance with these Terms of Use.
3.1.3 SC reserves the right to reject individual registrations, including without stating reasons. There is no entitlement to registration. Your offer is accepted by way of an email or when SC activates your access to those Features of the Platform that can only be used as a registered user. Upon receipt of the email or upon activation of these Features, the contract for the free use of the Platform as a registered user is concluded between SC and you.
3.2. Term / Termination
The contract for the free use of our services as a registered user runs for an indefinite period, and you may terminate this contract at any time with immediate effect. The contract is terminated on our Website or in the App under "Settings", "Profile and account settings", "My data" by clicking the "Delete account irrevocably" button.
4. Paid Use
Certain Content of the Platform can only be used upon conclusion of a paid services contract (hereinafter "Subscription"). The acquisition of such a paid Subscription requires your registration as a user (see Section 3).
Regarding our unlimited Family Subscription, please also see Section 4.9.
4.1. Conclusion of Contract
4.1.1. Purchase via the Website
4.1.1.1 You submit your offer to acquire a paid Subscription by entering the required data, in particular specifying the Subscription term you wish, and then clicking the "Order now with payment obligation" button. Before doing so, you have the opportunity to review the data you have entered in a confirmation window and to correct it if necessary.
4.1.1.2 SC reserves the right to reject individual offers to conclude a paid Subscription, including without stating reasons. There is no entitlement to the conclusion of a Subscription. If SC accepts the offer, you will receive an email from SC in which SC declares its acceptance of the offer. Acceptance by email is equivalent to SC activating your access to the Content of the Platform covered by your Subscription. Upon receipt of the email or upon activation of this Content, the contract for the paid Subscription is concluded between SC and you.
4.1.1.3 For Subscriptions concluded via the Website, SC grants the money-back guarantee set out in Section 4.10 – if and to the extent that a promotional period has been announced and is identified as such on the relevant promotional page. This guarantee exists exclusively for web purchases and does not apply to in-app purchases. Insofar as we offer a paid trial period within the meaning of Section 4.11 as part of the ordering process, the provisions of Section 4.11 apply additionally to such trial period.
4.1.2. Purchase via the App
4.1.2.1 You also have the option of concluding a contract with SC for a paid Subscription within the App via the third-party app stores of Google ("Play Store"), Apple ("App Store") or Huawei ("App Gallery") (hereinafter "in-app purchase").
4.1.2.2 To do so, you must select the Subscription term you wish on the subscription screen within the App, confirm the purchase of the Subscription once again by pressing the "Subscribe" button or a comparable button, and, where applicable, enter your password for the relevant third-party app store. By confirming the in-app purchase, you submit an offer to acquire a paid Subscription. If SC accepts the offer, you will receive an email from SC in which SC declares its acceptance of the offer. Acceptance by email is equivalent to your access being activated to the Content of the Platform covered by your Subscription. Upon receipt of the email or upon activation of this Content, the contract for the paid Subscription is concluded between SC and you.
4.1.2.3 For the avoidance of doubt: the money-back guarantee under Section 4.10 does not apply to in-app purchases via third-party app stores (e.g. Apple App Store, Google Play, Huawei App Gallery).
4.1.3. Minimum Age
Before your 18th birthday, you require the consent of your legal guardian (i.e. usually your parents) to conclude the contract.
4.2. Right of Withdrawal
4.2.1. Option to Withdraw
Below we inform you about your statutory right of withdrawal. Please note that, in order to comply with statutory requirements, we use the formal form of address ("Sie") in the withdrawal instructions:
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us, simpleclub GmbH, Lena-Christ-Straße 2, 82031 Grünwald, Germany, support@simpleclub.com, also reachable via our chat function at https://support.simpleclub.com/de, and our telephone number: +49 15735981999, by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
4.2.2. Expiry of the Right of Withdrawal
Your right of withdrawal expires if SC has commenced performance of the contract after you (i) expressly consented to SC commencing performance of the contract before the end of the withdrawal period, (ii) confirmed your awareness that by giving your consent you lose your right of withdrawal upon commencement of performance of the contract, and (iii) SC has, after conclusion of the contract, informed you once again by means of a durable medium (e.g. email) of your consent and confirmation.
4.2.3. Third-Party Providers
If you acquired your Subscription within the App, you also have the option of withdrawing from your Subscription with the relevant app store operator. The provisions of the app store operator then apply to this additional withdrawal option.
4.3. Availability
4.3.1 SC provides availability (i.e. technical usability at the handover point) of the Platform of 99% on an annual average. The handover point is the router output at the data centre used by SC. SC is not responsible for the condition of the user's required hardware and software or for the telecommunications connection between the user and SC up to the handover point.
4.3.2 The promised availability excludes maintenance windows. These lie outside normal business hours (working days Monday to Friday between 07:30 and 20:00). Also excluded from the promised availability are interruptions of availability which SC may consider necessary for security reasons (e.g. in the event of a denial-of-service attack or a serious security vulnerability in third-party software used, for which no patch is available), provided that SC had taken appropriate security precautions.
4.4. Functionality and Interoperability
4.4.1. Language of the Content
The Content is published in the German language.
4.4.2. Geographic Restrictions
You can only use our service in geographic regions in which we offer our services and have licensed the respective Content. The available Content may differ depending on the region.
4.4.3. Technical Requirements
4.4.3.1 The technical requirements for using our services can be found at https://business.simpleclub.com/Systemanforderungen.
4.4.3.2 Before purchasing our paid services, you can test the suitability of your existing hardware and software by using our free services (see Section 3) or – insofar as we offer this – our trial subscription (see Section 4.7).
4.4.4. Streaming / Download
4.4.4.1 Our Content is offered online and our learning videos are offered by streaming, so that use of the Platform requires an internet connection. The playing time of the individual videos varies; it is usually between approximately 4 and 12 minutes.
4.4.4.2 The requirements for your internet connection can be found at https://business.simpleclub.com/Systemanforderungen.
4.4.4.3 For some videos we provide a download function. You can download these videos and watch them without an internet connection. The file size of the videos varies and is approximately 10 to 200 MB.
4.4.4.4 Individual items of Content can be downloaded in PDF format in order to view them offline. To view the Content without an internet connection, you need software capable of displaying PDF documents. The file size of the PDF documents varies and is approximately 100 KB to 20 MB.
4.4.4.5 Regarding your rights of use in downloaded Content, please note Section 5.3.
4.4.5. App Version
In order to ensure the full and stable functioning of the App, you must install the current version of the App. We are not obliged to continue supporting older versions of the App after the release of new versions.
4.5. Prices / Payment Terms
4.5.1. Applicable Prices
The prices stated on the Platform at the time the contract is concluded apply in each case. These prices are inclusive of statutory VAT.
4.5.2. Available Means of Payment
4.5.2.1 Where the contract is concluded via the Website, the following means of payment are available to you: Sofortüberweisung, PayPal, credit card (Mastercard, Visa and American Express).
4.5.2.2 Where the contract is concluded in the App, payment is processed via the payment method stored in the third-party app store.
4.5.3. Due Date of Payment
4.5.3.1 For Subscriptions concluded before 1 March 2022 via our Website and for Subscriptions concluded via a third-party app store, the following applies:
The payment amount is due at the beginning of the agreed Subscription period. In the event of an automatic renewal of the Subscription period (Section 4.6.1.1.1 sentence 2), the payment amount for the respective renewal is due one day before the beginning of the renewal of the Subscription period.
4.5.3.3 For Subscriptions concluded on or after 1 March 2022 via our Website, the following applies:
The payment amount is due at the beginning of the agreed initial term (see Section 4.6.1). In the event of an automatic extension of the initial term for an indefinite period after expiry of the initial term (see Section 4.6.1), the monthly payment amount then applicable is due monthly in advance, for the first time at the beginning of the automatic extension of the Subscription for an indefinite period. For paid trial periods within the meaning of Section 4.11, Section 4.11.3 applies additionally.
4.5.4. Set-off / Retention
You are entitled to rights of set-off or retention only insofar as your claim has been finally adjudicated or is undisputed or arose from the same contractual relationship. This does not apply with respect to claims to which you are entitled against SC as a result of exercising your right of withdrawal (Section 4.2).
4.6. Term / Termination
4.6.1. Term and Termination
4.6.1.1 For Subscriptions concluded before 1 March 2022 via our Website and for Subscriptions concluded via a third-party app store, the following applies:
4.6.1.1.1 Your Subscription begins upon conclusion of the contract and runs for the Subscription term you selected. It is automatically renewed for the same period in each case unless either you or SC terminates it no later than one day before the end of the respective Subscription term.
Example: You selected the monthly term and your Subscription began on 15 April. You can then terminate it on any day up to the end of 14 May with effect from 15 May. From 15 May, the next possible date on which you can terminate your Subscription is 15 June.
4.6.1.1.2 For Subscriptions concluded via a third-party app store, additional termination options may apply under the terms of use of these third-party providers. If, in this case, you terminate your Subscription before the end of the Subscription term or of a renewal period, the relevant third-party app store will refund your costs for the period no longer used directly.
4.6.1.1.3 Attention is drawn to the possibility of early termination pursuant to Section 5.10.3.
4.6.1.2 For Subscriptions concluded on or after 1 March 2022 via our Website, the following applies:
4.6.1.2.1 Your Subscription begins upon conclusion of the contract and initially runs for the Subscription term you selected (the "initial term"). During the initial term, the Subscription may be terminated by you and by SC by ordinary termination without notice period, at the earliest with effect from the end of the initial term.
4.6.1.2.2 Unless terminated, your Subscription is extended for an indefinite period after expiry of the initial term and may be terminated by you and by SC at any time without observing a notice period with effect from the end of a monthly billing period (see Section 4.5.3).
Example: You selected the annual initial term and your Subscription began on 15 April of a given year. You can then terminate it up to the end of 14 April of the following year with effect from 15 April of that following year. From 15 April of the following year, you can then terminate your Subscription at any time up to the end of the 14th of a calendar month with effect from the 15th of a calendar month.
4.6.1.2.3 Attention is drawn to the possibility of early termination pursuant to Section 5.10.3.
4.6.2. Termination for Good Cause
The right to terminate at any time for good cause remains unaffected.
4.6.3. Manner of Termination
4.6.3.1 If you concluded the Subscription via the Website, you can terminate it, for example, on our Website or in the App. For this purpose we provide a "Terminate contracts now" button on our Website and in our App. When you click this button, you will be taken to a confirmation page where you have the opportunity to provide details of your termination declaration. To submit your termination declaration, you must click the "Terminate now" button on the confirmation page. We will immediately confirm to you by email the content as well as the date and time of receipt of your termination declaration and the point in time at which you wish to end the contractual relationship.
4.6.3.2 If you concluded the Subscription in the App, your termination is governed by the requirements of the provider of the app store from which you obtained the App. For this purpose, you must log in to your account with that third-party provider and follow the third-party provider's instructions for ending the Subscription.
4.6.3.3 Details on terminating a Subscription can be found for Apple's App Store here, for Google's Google Play here and for Huawei's App Gallery here.
4.6.3.4 Please note that uninstalling the App does not automatically terminate the paid Subscription.
4.6.4. Consequences of Termination
4.6.4.1 Upon termination of the contract, the right to use the paid Content ends. The termination of the paid Subscription does not affect the free usage contract (Section 3). If desired, that contract must be terminated separately.
4.6.4.2 In the event of termination for good cause, the statutory provisions (Section 628 of the German Civil Code, BGB) apply with regard to remuneration already paid.
4.6.4.3 In the event of an application for the money-back guarantee (Section 4.10), the affected Subscription ends upon receipt of the application by SC; Section 5.3 applies accordingly.
4.7. Trial Subscription
4.7.1. Offer and Requirements
From time to time, SC may offer that your Subscription begins with a free trial subscription ("trial period"). The trial period is not counted towards the initial Subscription term you selected. There is no entitlement to the agreement of a trial period. A trial period may only be used once per user, unless expressly stated otherwise in the ordering process.
4.7.2. Information on the Duration of the Trial Period
SC will inform you of the duration of the trial period during the ordering process. SC is not obliged to send you a separate notification about the expiry of the trial period or the start of your paid Subscription.
4.7.3. Termination During the Trial Period
Until the end of the trial period, you may terminate your Subscription at any time by ordinary termination with effect from the end of the trial period (see Section 4.6.3 on the manner of termination and Section 4.6.4 on the consequences of termination).
4.7.4. Conversion of the Trial Subscription into a Paid Subscription
If you do not terminate your Subscription before the end of the trial period, the trial subscription automatically converts, upon expiry of the trial period, into a paid Subscription with the Subscription term you selected. The first payment amount for the selected Subscription term becomes due at that point in time.
4.8. Pausing a Subscription
4.8.1 From time to time, for Subscriptions with monthly payment (i.e. monthly Subscriptions and Subscriptions for which monthly payment applies after expiry of the initial term, see Section 4.5.3), we may offer that you can pause your Subscription for one or two months. The period during which you can use this function may be limited. For example, we may offer this function only during the summer months. There is no entitlement to us offering this function.
4.8.2 To pause your Subscription, you must log in with your simpleclub account on the Website or in the App. You will then find the "Pause subscription" function under the menu item "Manage subscription" in your profile.
4.8.3 Pausing is only ever possible from the end of your current monthly payment period. If you pause your Subscription, you will not be charged any payments that would otherwise fall due during that period, and during the paused period you will no longer have access to our paid Content.
4.8.4 The next monthly payment amount then becomes due immediately after the end of the paused period, and from that point in time you will automatically regain access to our paid Content.
4.9. Unlimited Family Subscription
4.9.1 The unlimited Family Subscription grants you (hereinafter also the "primary user") and one further person of your choice (the "secondary user") access to our paid services for the term of the unlimited Family Subscription. We will inform you upon conclusion of the contract of the manner in which the secondary user obtains access to our paid services.
4.9.2 In order for the secondary user to obtain access to our paid services, they must register as a user on the Platform (see Section 3.1.1) or already have a simpleclub account, and must accept these Terms of Use in accordance with Section 4.9.6.
4.9.3 If the primary user's unlimited Family Subscription ends, the secondary user's access entitlement to the paid Content also ends at the same point in time. If the secondary user terminates their access, the primary user's unlimited Family Subscription remains unaffected. The primary user cannot end or terminate the secondary user's access themselves. The secondary user can only terminate their access themselves, and only with effect from the same points in time at which the primary user can terminate the unlimited Family Subscription (see Section 4.6).
4.9.4 If the secondary user terminates their access, their right of use ends at the relevant termination date. The primary user remains unaffected by this and, once the secondary user's termination has taken effect, may designate another person as the new secondary user.
4.9.5 The primary user cannot replace the secondary user before the termination by the previous secondary user has taken effect. The termination by the secondary user has no effect on the fee owed by the primary user.
4.9.6 The following applies to the secondary user: by registering on the Platform as a secondary user, you conclude a contract with SC for the use of the Platform in accordance with these Terms of Use. However, only Sections 1 (Scope), 2 (Platform Offering), 4.3 (Availability), 4.4 (Functionality, Compatibility and Interoperability), 4.9 (Unlimited Family Subscription) and 5 (General Provisions) of these Terms of Use apply to you.
4.10. Money-Back Guarantee (Web Purchases Only; Promotional Periods)
4.10.1 From time to time, SC may offer a voluntary money-back guarantee ("MBG") for expressly designated periods ("promotional periods"). The MBG applies exclusively to users who conclude a paid Subscription via a promotional page identified as such during the respective promotional period on www.simpleclub.com or app.simpleclub.com ("campaign page"). The MBG exists in addition to the statutory right of withdrawal (Section 4.2) and does not affect it. The MBG does not constitute a guarantee in the legal sense (Section 443 BGB), but rather a voluntary goodwill offer.
4.10.1. Scope and Exclusions
The money-back guarantee (MBG) applies exclusively to web Subscriptions concluded via the campaign page during the promotional period. A paid trial period (Section 4.11) is generally excluded from the MBG, unless it is expressly stated in the respective promotional period that the paid trial period is covered by the MBG. Excluded from the MBG are in-app purchases via third-party app stores (e.g. Apple App Store, Google Play, Huawei App Gallery), as well as contracts concluded via companies or schools.
4.10.2. Requirements for Making Use of the MBG
4.10.2.1 A claim to a refund under the MBG exists only if all of the following requirements are cumulatively met:
- The application for the MBG is received by SC within 30 calendar days of the conclusion of the contract (see Section 4.1.1; the decisive point in time is that of the email confirmation or the activation of the Content).
- The purchase was made during a designated promotional period and via the campaign page; the order and referrer data stored in SC's system are decisive.
- At the time of the application, no more than 10 activities are recorded in the user profile under "Library > History". "Activities" means the learning units marked as completed on the Platform (e.g. videos, texts, tests, exercises, lessons, practice exercises, summaries); the usage data stored in the system are decisive.
4.10.2.2 This also applies to paid trial periods, provided that these are expressly designated as MBG-eligible. Without such express designation, there is no claim to a refund for paid trial periods.
4.10.3. Asserting the Claim
The application for a refund can be submitted via the contact channels named in Section 4.2.1 (including support chat). No separate justification is required. SC reviews the requirements on the basis of the data stored in the user account. Our team is instructed to verify compliance with these requirements on a random sample basis.
4.10.4. Legal Consequences
Upon receipt of the application for the MBG, the affected Subscription ends with immediate effect. From that point in time, there is no further access to the paid Content. If the requirements under Section 4.10.2 are met, SC will refund the price paid for the affected Subscription term in full within 14 days of confirmation of the MBG, using the same means of payment that was used for the original transaction, unless expressly agreed otherwise.
4.10.5. Relationship to Termination and Withdrawal
Making use of the MBG does not replace a termination under Section 4.6 or a withdrawal under Section 4.2. For contracts that continue to exist after payment of the refund (e.g. free use pursuant to Section 3), the respective applicable provisions apply.
4.11. Paid Trial Period
4.11.1. Offer and Requirements
From time to time, SC may offer paid, time-limited trial periods for contracts concluded via the Website. There is no entitlement to the granting of a paid trial period. The specific conditions of the respective paid trial period (in particular the duration of the trial period, the price and any costs of a subsequent Subscription arising after expiry) are set out in the respective offer presentation in the ordering process.
4.11.2. Scope of Services During the Paid Trial Period
During a paid trial period, you receive access to the paid Content specified in the offer presentation. The scope of services may differ from the scope of services of a regular Subscription.
4.11.3. Due Date of the Fee
The fee for the paid trial period is due upon conclusion of the contract. Payment is made using the means of payment named in Section 4.5.2.
4.11.4. Automatic Conversion into a Paid Subscription
4.11.4.1 Insofar as this is expressly pointed out in the ordering process, the paid trial period automatically converts upon expiry into a paid Subscription on the conditions presented there, unless you terminate the contract no later than with effect from the end of the paid trial period.
4.11.4.2 In this case, the paid Subscription begins on the day following the end of the paid trial period. The first payment amount for the Subscription term you selected becomes due at that point in time.
4.11.5. Automatic End Without Conversion (If Stated in the Ordering Process)
Insofar as it is expressly stated in the ordering process that the paid trial period does not automatically convert into a paid Subscription, the contract for the paid trial period ends automatically upon expiry of the trial period stated there, without any termination being required.
4.11.6. Termination During the Paid Trial Period
Until the end of the paid trial period, you may terminate the contract at any time by ordinary termination with effect from the end of the paid trial period (see Section 4.6.3 on the manner of termination and Section 4.6.4 on the consequences of termination). If you terminate a paid trial period that would convert into a paid Subscription pursuant to Section 4.11.4, no such paid Subscription comes into existence.
4.11.7. Relationship to Withdrawal and the MBG
4.11.7.1 The statutory right of withdrawal (Section 4.2) applies irrespective of a paid trial period.
4.11.7.2 The money-back guarantee (Section 4.10) generally does not apply to paid trial periods. A refund under the MBG is only possible if the respective paid trial period was expressly designated as MBG-eligible during the promotional period. Without such express designation, the MBG does not apply to paid trial periods.
5. General Provisions
5.1. User Obligations
5.1.1. Up-to-Dateness of Data
You are obliged to keep your contract data up to date. If it changes, you must correct the details without undue delay on the Platform in your personal settings.
5.1.2. Access Credentials
You must keep your access credentials for the Platform, including your password, confidential and must not make them accessible to unauthorised third parties. If there is a suspicion that they have become known to unauthorised third parties, you must inform SC without undue delay and change your password without undue delay.
5.2. Prohibited Activities
5.2.1. No Commercial Use of the Content
The Content is intended exclusively for non-commercial use by participants. Any use for or in connection with commercial purposes is prohibited (see also Section 5.3).
5.2.2. No Legal Violations
5.2.2.1 Any activities on or in connection with the Platform are prohibited which violate applicable law, infringe the rights of third parties, may restrict the functionality of the Platform or violate the principles of the protection of minors.
5.2.2.2 Insofar as the Platform enables you to upload your own content (e.g. profile pictures), you may not upload any content that violates these Terms of Use or the law.
5.2.2.3 In particular, the content you upload must not contain any intellectual property of third parties (such as copyright-protected material) unless you have obtained authorisation from that party or are otherwise legally entitled to do so.
5.2.3. No Additional User Account
Each user may set up only one user account on the Platform. Multiple user accounts per user are prohibited.
5.3. Rights of Use
5.3.1 The Content is regularly protected by copyright or other intellectual property rights. You may use the Content only in accordance with these Terms of Use and within the framework specified on the Platform.
5.3.2 Unless more extensive use is expressly permitted in these Terms of Use or on the Platform, or is enabled by a corresponding function (e.g. a download button):
- you may access and display the Content online exclusively for personal purposes. This right of use is limited to the duration of your contractually compliant participation in the Platform;
- you are prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the Content in whole or in part. It is likewise prohibited to remove or alter copyright notices, logos and other markings or protective notices.
5.3.3 You are entitled to download and print Content only insofar as an option to download or print is available on the Platform as a function (e.g. by means of a download button).
5.3.4 In respect of Content properly downloaded or printed by you, you receive in each case a non-exclusive right of use, limited in time to the duration of your Subscription, for use for your own non-commercial purposes.
5.3.5 You may not assign the rights of use set out in this Section 5.3 to third parties, in whole or in part, without SC's prior consent.
5.3.6 Your mandatory statutory rights (including reproduction for private and other personal use pursuant to Section 53 of the German Copyright Act, UrhG) remain unaffected.
5.4. Blocking of Access
5.4.1 SC may temporarily block your access to the Platform if and for as long as there are concrete indications that you are or have been seriously violating these Terms of Use and/or applicable law, or if SC has another legitimate interest in the blocking (e.g. in the event of concrete indications of use by unauthorised persons). When deciding on a blocking, SC will give due consideration to your legitimate interests. In the event of a blocking, SC will notify you without undue delay.
5.4.2 After the blocking period has expired, SC will reactivate the access authorisation and notify you of this by email. Section 4.6.2 (termination for good cause) remains unaffected.
5.5. Changes to the Services
5.5.1 SC ensures that, during your use of the services, updates that are necessary to maintain the contractual conformity of the services are provided to you and that you are informed about these updates.
5.5.2 Insofar as we provide our services on a continuous basis, and notwithstanding Section 2.3, SC is entitled to change the services at any time, beyond updates necessary to maintain contractual conformity, provided that this is done for a valid reason and that you incur no additional costs as a result. A valid reason exists in the case of changes to the technical environment, changed user numbers, improvements to existing services, where SC adds new services, in the event of changes in legislation or case law, in order to ensure the security and functionality of the Platform, or for other important operational and technical reasons. SC will inform you of any such change.
5.5.3 If a change to our services pursuant to Section 5.5.2 impairs your ability to access our services or the usability of our services for you more than merely insignificantly, and if we do not offer you the continued use of our unchanged services, you are entitled to terminate the contract free of charge within 30 days of receipt of our information about the change.
5.6. Changes to These Terms and Conditions
5.6.1 SC may change these general terms and conditions during the ongoing contractual relationship if and to the extent that there is a compelling reason. Such a compelling reason may in particular lie in a relevant change in legislation or a change in the case law of the highest courts.
5.6.2 Changes will be offered to you in text form at least 6 weeks before the proposed date on which they take effect. Your consent is deemed to have been given if you do not reject the changes before the proposed date on which they take effect. SC will specifically draw your attention to this consent effect in its offer of changes.
5.6.3 If you reject the new Terms of Use, the contractual relationship with you will be continued on the basis of the previous Terms of Use. In this case, however, SC is entitled to terminate the contractual relationship for good cause.
5.7. Warranty
The statutory provisions apply with regard to warranty for defects.
5.8. Liability
5.8.1 SC is liable within the scope of fault-based liability in cases of intent and gross negligence. In cases of ordinary negligence, subject to a more lenient standard of liability under statutory provisions (e.g. for the care applied in one's own affairs), SC is liable only:
- for damage resulting from injury to life, limb or health, and
- for damage resulting from the breach of a material contractual obligation (an obligation whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable damage typically occurring.
5.8.2 The above limitations of liability also apply in the case of breaches of duty by or for the benefit of persons for whose fault SC is responsible under statutory provisions. They do not apply insofar as SC has assumed a guarantee as to quality, or to claims under the German Product Liability Act.
5.9. Engagement of Third Parties
Unless agreed otherwise, SC is entitled to make use of third parties to perform the services it owes under the contract.
5.10. Force Majeure
5.10.1 In the event of and for the duration of force majeure, SC is released from its performance obligations. Force majeure means any event outside SC's sphere of influence which prevents SC, in whole or in part, from fulfilling its obligations, such as fire damage, floods, epidemics, pandemics, strikes and lawful lockouts, as well as operational disruptions for which SC is not at fault, or official orders.
5.10.2 SC will notify you without undue delay of the occurrence and the cessation of the force majeure event and will use its best efforts to remedy the force majeure event and to limit its effects as far as possible.
5.10.3 If the force majeure event lasts longer than two weeks, you are entitled to terminate these Terms of Use. Section 4.6.4 applies accordingly.
5.11. Place of Jurisdiction / Dispute Resolution
5.11.1 These Terms of Use and the contractual relationship between SC and you are governed by the law of the Federal Republic of Germany, excluding uniform international law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has their habitual residence as a consumer, remain unaffected.
5.11.2 The exclusive place of jurisdiction – including internationally – for all disputes arising directly or indirectly from the contractual relationship is, insofar as such an agreement on jurisdiction is permissible, SC's registered place of business.
5.11.3 SC points out that, in addition to the ordinary courts, you also have the option of out-of-court dispute resolution. Details can be found in Regulation (EU) No 524/2013 and at the internet address http://ec.europa.eu/consumers/odr. The corresponding correspondence with SC is to be conducted via the email address support@simpleclub.com.
5.11.4 Pursuant to Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG), SC points out that SC is neither willing nor obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration body.
6. Apprentices
6.1 Apprentices for whom their training company has concluded a contract with SC for the use of the Platform obtain access to the Platform via their training company.
6.2 Which paid Content you receive access to, and for which period, is determined by the contract between your training company and SC.
6.3 By registering on the Platform, you conclude a contract with SC for the use of the Platform in accordance with these Terms of Use. However, only Sections 1 (Scope), 2.4 (AI & Fair Use), 5 (General Provisions) and 6 (Apprentices) of these Terms of Use apply to you.
Version of these Terms of Use: February 2026