e-abo online class management

With the registration (create account) you accept the following terms and conditions (T&C).

  1. INTRODUCTION
    1. Definitions
      1. CUSTOMER: The customer has a contractual relationship with e-Abo GmbH and offers its services to its own customers via e-abo.
      2. END CUSTOMER: The end customer has a contractual relationship with CUSTOMER, receives an overview of the service purchased from CUSTOMER and can manage it.
      3. INSTRUCTOR: The instructor organizes and conducts classes on behalf of CUSTOMER.
      4. USER: Individuals who use e-abo, i.e. CUSTOMER, END CUSTOMER and INSTRUCTOR.
      5. E-ABO PRICING MODEL: Defines the period and price for the provision of e-abo. Current information is published on e-abo.com.
      6. LICENSE: According to the e-abo price model, the CUSTOMER has purchased a temporary license to use e-abo.
    2. Contractual parties

      The contracting parties are, on the one hand, e-Abo GmbH and the respective CUSTOMER who has registered on e-Abo.com. CUSTOMER can be either a natural person or a legal entity.

    3. Contractual object

      e-Abo GmbH provides CUSTOMER with a platform via Internet and App (e-abo), for the administration of the class offerings and to make offers, classes and information available to its END CUSTOMERS. CUSTOMER is solely responsible for the content of the offers made by CUSTOMERS to END CUSTOMERS.

    4. Contract conclusion

      By registering on e-Abo.com and the associated services, CUSTOMER agrees to the GTC and thus becomes a contractual partner.

    5. Registration
      1. For the registration of CUSTOMER in e-Abo.com, e-Abo GmbH collects the following data from CUSTOMER:br/> Company / name, address, contact data, such as e-mail, telephone number, web address, logo (optional), payment information (IBAN) (optional).

      2. For the use of e-abo by the CUSTOMER to manage the services for the END CUSTOMER, the CUSTOMER collects the following data with the consent of the END CUSTOMER and the INSTRUCTOR : All master data required for the operation of e-abo, such as company master data, personal data, address data and contact data, as well as course data and prices.

      3. After the registration and entering of the END CUSTOMER and INSTRUCTOR master data, the INSTRUCTOR and the END CUSTOMER will receive an e-mail informing them that they have been registered in e-abo and that e-abo can be downloaded from the App Store.

    6. Duration of the contract

      The duration of the contract corresponds to the duration of the purchased LICENSE. e-Abo GmbH will inform the CUSTOMER before the expiry of the LICENSE about the imminent end of the LICENSE, which can then be extended and adapted depending on the number of users. If one or more additional instructors are purchased in addition to a current contract, this will end at the same time as the existing LICENSE. If the LICENSE is not extended by CUSTOMERS, the user account will be restricted and its data deleted after 30 days at the earliest. Non-renewal of a LICENSE shall be deemed termination.
      e-Abo GmbH reserves the right to terminate the contract immediately and to block the account if CUSTOMER uses the software improperly and contrary to these T&C.

    7. Changes to the T&C

      e-Abo GmbH reserves the right to change these T&C at any time and without stating reasons. CUSTOMER will be informed of any changes in advance and they will come into effect immediately after they have been posted. CUSTOMER has the right of objection and termination. CUSTOMER agrees to the continued use of e-abo after the amended GTC have come into effect.

  2. OBLIGATIONS OF THE CONTRACTING PARTIES
    1. Obligations of e-Abo GmbH
      1. Software Provision
        1. e-Abo GmbH provides CUSTOMER with the current version of the e-abo software solution via the Internet for the duration of the subscription. For this purpose, e-Abo GmbH stores the software on a server that is accessible to the CUSTOMER via the Internet. Updates are included in the subscription.

        2. The current scope of functions of the software is published on the website of e-Abo GmbH www.e-abo.com.

        3. e-Abo GmbH continuously monitors the functionality of the software and, in accordance with the technical possibilities, removes all software errors that restrict or render impossible the use of the software within a reasonable period of time.

      2. Data security and data provision
        1. e-Abo GmbH undertakes to take appropriate technical and organizational measures against loss of data and to prevent unauthorized access by third parties to the data of the CUSTOMER or his/her END CUSTOMERS or INSTRUCTOR using the e-abo platform.

        2. To ensure the protection of CUSTOMER data, all communication with e-Abo.com and e-abo is encrypted using the HTTPS protocol.

        3. In order to secure all data of the CUSTOMER that is generated during use, e-Abo GmbH regularly creates a data backup that is redundantly secured. CUSTOMER has no right to recover his data. When and whether e-Abo GmbH restores data is at the discretion of e-Abo GmbH. CUSTOMER is obliged to secure his data himself, e.g. through regular export/back-ups.
          An individual reconstruction of data is possible on request and will be charged according to time and effort. CUSTOMER remains the sole owner of the data and can therefore export his data before the subscription expires. CUSTOMER is not entitled to receive software suitable for the use of the data.

      3. Data breakdowns

        e-Abo GmbH commits itself, in accordance with applicable laws, to inform CUSTOMERS as well as END CUSTOMERS and COURSE MANAGERS immediately about any data breach affecting the personal data of CUSTOMERS or END CUSTOMERS and INSTRUCTORS and to ensure the necessary steps to eliminate the data breach and to safeguard the data and the rights of CUSTOMERS, END CUSTOMERS and INSTRUCTORS.

    2. Obligations of CUSTOMER
      1. Registration

        After registering on e-Abo.com, CUSTOMER receives a personal account. Access is granted by entering the CUSTOMER's self-chosen user name, e-mail address and self-chosen password. This access data must be stored securely and may not be passed on to third parties. CUSTOMER is responsible for their safekeeping. Registration under a false name, first name, incorrect address and fictitious e-mail accounts is not permitted. In the case of obviously fictitious information, e-Abo GmbH reserves the right to delete the account.

      2. Collection of personal data of END CUSTOMERS and INSTRUCTORS

        CUSTOMER undertakes and guarantees that it will only collect personal data of its END CUSTOMERS or INSTRUCTORS for administration in e-abo after prior comprehensive information and obtaining the express consent of its END CUSTOMERS and S. CUSTOMER informs END CUSTOMER about the possibility to use e-abo free of charge for the administration of the purchased services, access to own data and for the use of further offers.
        In addition, the CUSTOMER undertakes to collect only the information absolutely necessary for the administration of the service.

      3. Data security

        CUSTOMER undertakes to take appropriate precautions to prevent unauthorized access by third parties to the software and platform. This includes keeping user names, 'User ID' (e-mail address) and password secret and not making them accessible to third parties. CUSTOMER shall also inform its employees thereof. CUSTOMER is responsible for entering and maintaining the data and information required for its use.

  3. COSTS
    1. Trial period

      CUSTOMER can use e-abo after registration (test period published on the website of e-Abo GmbH www.e-abo.com) free of charge (test account). A test account never automatically becomes a LICENSE subject to a fee. If the CUSTOMER wishes to continue using e-abo, he will be requested by e-mail to conclude a LICENSE in accordance with the E-ABO PRICE MODEL before the end of the free test phase. If he does not comply with this request, his user account will be restricted and his data deleted after 30 days at the earliest.

    2. Subscription

      With the payment according to the E-ABO PRICE MODEL, the CUSTOMER enters into a contractual relationship with e-Abo GmbH. The contractual relationship can be extended after expiration by renewed payment. Non-renewal of a LICENSE shall be deemed termination.

      1. Premium Plus (e-abo Pay) LICENSE

        If CUSTOMER acquires the Premium Plus subscription, in addition to the e-abo Terms and Conditions, the following shall apply

  4. MARKETING

    e-Abo CUSTOMERS receive product news (no advertising from third parties) by e-mail, provided that CUSTOMER has expressly consented during registration. CUSTOMER may unsubscribe from this information at any time by clicking on the link at the end of the e-mail.

  5. DATA PROTECTION
    1. Commitment to data protection

      Privacy is a top priority for e-Abo GmbH. Personal data of the CUSTOMER as well as the persons entered by the CUSTOMER are treated with special care and in accordance with the applicable data protection regulations.

    2. Purpose of personal data

      For the purpose of registration, purchase of LICENSE and performance of services (administration of services and provision of further offers in favor of e-abo END CUSTOMER), master data such as company master data, personal data, address data and contact data as well as course data and price quotations are recorded by CUSTOMERS. This data is published in e-abo and can be viewed by interested parties or persons who have downloaded e-abo but are not registered, as well as by registered e-abo users e-abo.

      e-Abo GmbH will not sell, pass on or otherwise disseminate the personal data collected to third parties, except in the following cases:

      • for the legal protection of the CUSTOMER / INSTRUCTOR / END CUSTOMER.
      • for the fulfilment of legal, judicial or governmental requirements.
      • to defend and protect the rights of e-Abo GmbH.
      • to eliminate technical difficulties of the products, to process payments with service providers (e.g. credit card organisations), whereby the transmission of data is limited to the minimum necessary for the fulfilment of the order.
      • To third parties who provide services on behalf of e-Abo GmbH and in this context, process the collected data for the intended purpose, e.g. for marketing purposes or IT support.
    3. Permission for the collection and processing of personal data

      By concluding this contract, CUSTOMER consents to the collection and processing of his personal data in accordance with this data protection declaration. CUSTOMER ensures:

      • that End CUSTOMERS and INSTRUCTORS are fully informed of the collection and purpose of the processing of their personal data prior to collection in e-abo and that express consent of END CUSTOMERS and INSTRUCTORS is obtained;
      • that only the absolutely necessary data of his END CUSTOMERS and INSTRUCTORS for the purpose of the administration or for the contribution of other offers, if desired by the final customer and course instructor, are collected. In particular, the collection of health-related data is excluded.
    4. Duration of data storage, right to delete, right to information

      The personal data will be stored for the duration of the contractual relationship and must be deleted by e-Abo GmbH at the earliest 30 days after termination of the contract.

      All personal data will be deleted by e-Abo GmbH within 30 days upon request (USER). The request must be received by e-Abo GmbH in writing by e-mail or by post.

      CUSTOMER has the right to request information about his personal data and to revoke his consent to data processing. In the event of revocation, it may no longer be possible to use e-Abo. Complete information of all stored personal data e-Abo GmbH provides on written inquiry by e-mail to the following address: (info@e-Abo.com), by post: (e-Abo GmbH, Weissensteinstrasse 9, 4853 Riken, Switzerland) or by web form at the following address: e-Abo.com within 30 days and in accordance with applicable laws.

    5. Tracking und Analyse Tools (Cookies)

      The e-Abo.com platform uses common tracking and analysis tools, e.g. Google Analytics. These may use cookies. These are text files that are stored on the CUSTOMER's computer. All collected data are only collected for analysis purposes and are not passed on to third parties. The CUSTOMER may refuse the use of cookies by selecting the appropriate settings on his browser, which may prevent the full functionality of the platforms from being used.

  6. WARRANTY/AVAILABILITY
    1. Warranty

      e-Abo GmbH warrants the functional and operational readiness of the e-Abo service.

    2. Availability

      For technical reasons beyond the control of e-Abo GmbH, the platform may fail. In this case, e-Abo GmbH will endeavor to do everything in its power to restore availability as quickly as possible.

  7. COPYRIGHT AND IP RIGHTS

    e-Abo GmbH reserves all copyrights and other protective rights with regard to the solution including layout, software and their contents, insofar as these originate from e-Abo.

  8. LIABILITY
    1. Use of the platform

      e-Abo GmbH shall only be liable for damages resulting from the use of the platform if its intentional or grossly negligent actions can be proven. e-Abo GmbH shall not be liable for offers made by CUSTOMERS on the platform nor for the financial settlement between CUSTOMER and its END CUSTOMERS. To the extent permitted by law, the liability of e-Abo GmbH shall in any case be limited to the amount invoiced to CUSTOMER for the corresponding service. In no event shall e-Abo GmbH be liable for indirect, incidental, consequential or punitive damages or lost profits.

      e-Abo GmbH shall not be liable for defective technology and for damage caused by computer viruses, spyware and/or other harmful computer programs (e.g. due to unauthorized access by hackers to the database). e-Abo GmbH shall also not be liable for any misuse by the CUSTOMER of data and information which the CUSTOMER himself has made available to third parties.
      e-Abo GmbH endeavors to create its own content with great care. Nevertheless, correctness, completeness and topicality cannot be guaranteed. e-Abo GmbH disclaims any liability for this.

    2. Saved content

      e-Abo GmbH disclaims any liability for any content stored by CUSTOMER or any writings, images or logos made available by CUSTOMER. In particular, liability for the infringement of intellectual property rights of third parties by the CUSTOMER is excluded. In addition, the liability of criminally relevant content made accessible by the CUSTOMER is rejected. CUSTOMER bears the sole responsibility for this.

    3. Third-party claims

      CUSTOMER undertakes to indemnify e-Abo GmbH against all claims by third parties, including END CUSTOMERS, based on the data stored by him and to reimburse e-Abo GmbH for any costs incurred as a result of possible infringements of the law.

    4. Suspicion of illegality

      e-Abo GmbH is entitled to immediately block the account if there are reasonable grounds to suspect that the stored data is unlawful and/or infringes the rights of third parties. A justified suspicion of illegality exists in particular if courts, authorities and/or other third parties inform the operator thereof. e-Abo GmbH must notify CUSTOMER immediately of the removal and the reason for it. The block must be lifted as soon as the suspicion is invalidated.

  9. SUPPORT

    e-Abo GmbH will answer the CUSTOMER's inquiries regarding the use of the contractual software as soon as possible after receipt.

  10. NOTIFICATIONS

    All communications must be sent in writing to the addresses indicated. Sending by e-mail shall meet the requirement of written form in each case. Each contracting party is obliged to inform the other contracting party immediately of any changes relevant to payment or invoicing.

  11. FINAL CLAUSE
    1. Severability clause

      If a competent authority should consider one or more provisions of these GTC to be void or ineffective, this shall not affect the validity of the remaining provisions. In this case, the void or ineffective provision shall be replaced by a legally valid provision that is as economically equivalent as possible. The same applies to any loopholes.

    2. Place of jurisdiction

      Swiss law applies exclusively. Place of jurisdiction is Zofingen.

    3. Date

      These general terms and conditions and data protection guideline have been in effect since December 17, 2019.