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Terms of use

1. Applicability

1.1 The following General Terms and Conditions (hereinafter referred to as "T&Cs") exclusively apply to all offered consulting and support Services (hereinafter referred to as "Services") of Rock your Thesis GmbH, with its registered office at Monheim am Rhein and its business address at Niederstra├če 2, 40789 Monheim am Rhein, telephone number: +4915159008798, e-mail address: hello@rockyourthesis.com, registered in the Commercial Register of the District Court D├╝sseldorf under registration number HRB 102365, represented by the managing directors Dr. Arne Gr├╝ttner and Fabian Knops, VAT identification number: DE DE364159338, (hereinafter referred to as "RyT") provided through the digital learning platform (hereinafter referred to as "Platform") www.rockyourthesis.com.

1.2 The T&Cs govern the contractual relationship between RyT and its Users, specifically outlining the rights and obligations of Users during their visit to the Platform, as well as for the acquisition of the Services offered through the Platform. Upon the establishment of a contractual relationship, the respective User (hereinafter referred to as "User") agrees to the T&Cs.

1.3 These T&Cs exclusively apply to the use of the Platform and the booking of the offered Services. Contradictory, conflicting, or supplementary terms and conditions can only become a part of the contractual relationship between RyT and its User if RyT explicitly agrees to them in written form.

1.4 This page has been translated into several languages. The German version will prevail.

2. Services

2.1 RyT offers and will offer the following Services through its Platform:

2.1.1 Coaching, during which the User receives online coaching assistance (e.g., via video conferencing software such as "Zoom" or in text form like e-mails or messages through the messenger Service "WhatsApp") from a coach, a freelancer of RyT, over an individually determined period and for an individually specified number of hours. The User is provided with an overview (in the form of an Excel spreadsheet) of the online coaching hours he/she has received, the time for proofreading of parts of the scientific work as well as the time for support via WhatsApp. This overview is accessible through the file hosting Service "OneDrive". RyT or the respective coach keeps the content of this overview up to date. This OneDrive access is provided starting from a booking of three or more coaching hours.

2.1.2 RyT also offers proofreading services, for which RyT works with freelancers as well.

2.2 RyT is entitled to provide contractually owed Services, especially coaching and proofreading, through independent contractors (especially freelancers). The selection of the freelancers is at the discretion of RyT and is based on the freelancer┬┤s availability.

2.3 All Services provided through the Platform are strictly intended for private use only. Any use for personal- or third-party-commercial purposes is expressly prohibited.

2.4 The User does not have a legal claim against RyT for achieving a specific examination result or for passing the examination for which the User has availed services from RyT.

3. Booking process, conclusion of contract and delivery times

3.1 The presentation of services on the Platform represents a non-binding offer to book the respective services. Only the User's booking constitutes a binding offer to conclude a service contract according to ┬ž┬ž 611 et seq. of the German Civil Code (B├╝rgerliches Gesetzbuch, BGB) with RyT.

3.2 The contract between RyT and the User is concluded, unless otherwise stipulated in these T&Cs, upon the sending of an order confirmation by e-mail or via WhatsApp from RyT to the User. In this confirmation, RyT declares its acceptance of the offer made by the User. The declaration of confirmation of acceptance can also take the form of RyT sending the link to the SharePoint or the invitation to the first online coaching session, for example.

3.3 In order to book a coaching service, a needs-analysis by RyT (see clause 4.4) is required. Following the needs-analysis, the User will receive an individual breakdown, outlining the scope of services, price and coaching period (hereinafter referred to as "Individual Breakdown"). This offer does not constitute a legally binding offer from RyT but is merely a non-binding invitation to the User to make a booking based on the needssanalysis and the breakdown. The User's order in textual form constitutes a binding contractual offer. Acceptance of the contract offer is carried out according to clause 3.2 by RyT. Registration is not required.

3.4 When booking a proofreading service, a contract is formed in accordance with the provisions of clause 5.2.

3.5 The User has no entitlement to book an offered service. RyT reserves the right to reject offers and the conclusion of a contract without providing reasons.

3.6 Unless otherwise agreed, RyT is only obligated to fulfill its responsibilities upon receiving payment. If a delivery time is agreed upon, it also begins upon receipt of payment by RyT. Agreed delivery times can only be adhered to if the User has fulfilled all of his/her obligations. In the case of subsequent changes or additions requested by the User, the delivery time will be extended by a reasonable duration determined by RyT and the User. If RyT fails to meet a delivery deadline, the User must set a reasonable grace period in textual form (e.g., via e-mail).

4. Special coaching regulations

4.1 Coaching is provided by a third party (hereinafter referred to as "Coaches") whom RyT engages. The coaches are individuals selected by RyT based on defined criteria.

4.2 The User does not have a right to be coached by a specific coach or to have access to a particular time slot. The coaches determine their own availability, monthly workload, and working hours. If a specific coach was mentioned to the User, this is not contractually binding and is merely an informal piece of information. RyT reserves the right to assign a different coach to the User, for instance, if the originally assigned coach becomes unavailable at short notice.

4.3 Booking coaching services requires conducting a needs-analysis. This analysis is conducted online between the User and a RyT staff member.

4.4 The User has the option to reschedule a coaching session free of charge up to 72 hours before the scheduled appointment. A notification in textual form to help@rockyourthesis.com or through WhatsApp to RyT is sufficient for this purpose. If the rescheduling of coaching occurs within 72 hours before the scheduled appointment by the User, RyT reserves the right to charge 50 percent of the booking price for the respective session. If coaching is rescheduled within 24 hours before the scheduled appointment, RyT reserves the right to charge 100 percent of the booking price for the respective session. Since coaching is paid in advance, the corresponding booking price (proportionally) will be deducted from the User's remaining coaching hours balance.

4.5 If a session is rescheduled by RyT, a replacement session will be arranged promptly at a mutually agreed-upon time with the User. The User has no further claims for the hours rescheduled by RyT; in particular, the User waives any potential claims for damages that could arise from these rescheduled sessions.

4.6 Coaching sessions can be rescheduled by the User a maximum of once; otherwise, they would be forfeited. If the User fails to respond to proposed session times via the provided e-mail address, either by not responding at all or by declining multiple proposed times, the entitlement to carry out the services booked by the User will expire after the implementation window defined in the Individual Breakdown has passed. A refund of the payment to the User is not provided.

4.7 The User is obligated to utilize the booked coaching hours within the timeframe specified in the Individual Breakdown. If the User does not use the booked coaching hours within the specified timeframe, a request for an extension must be submitted to RyT in textual form at help@rockyourthesis.com. This request must be made within the last quarter of the agreed-upon timeframe. At most, one quarter of the remaining untapped coaching hours can be carried over. RyT does not guarantee the availability of the same coach beyond the agreed-upon timeframe. If no request for an extension is made, the remaining unused coaching hours will expire. A refund for the respective coaching hours is not provided.

4.8 The User is provided with the opportunity to switch coaches once, free of charge after the first coaching session. The User must inform RyT of this change in textual form by e-mail at help@rockyourthesis.com. RyT will provide the User with a suitable replacement coach. A second coach change is not permitted.

5. Special proofreading regulation

5.1 Proofreading services are provided by a third party (hereinafter referred to as "Proofreaders") whom RyT engages. The Proofreaders are individuals selected by RyT based on defined criteria.

5.2 Contrary to any provisions in clause 3, a contract is only concluded after confirmation of the proofreading following a document review by RyT. RyT reserves the right to decline performing the proofreading if RyT assesses that the uploaded document does not meet the minimum requirements. Minimum requirements include, for example, a certain level of quality so that the respective Proofreader can proofread the document and no fraud is present. If an order is rejected, the User will be informed accordingly.

5.3 RyT will store the document the User uploads on its servers for two years. The Proofreaders are contractually obligated to delete the document promptly after completing the proofreading.

5.4 When booking the proofreading service, a correction deadline is determined. This correction deadline comes into effect once the quality requirements mentioned in clause 5.2 have been ascertained and payment has been received by RyT. If the respective Proofreader is unable to meet the correction deadline, the User will be informed by RyT in a timely manner. For any technical issues affecting the inability to meet the correction deadline, RyT is responsible only within the limits of clause 10.

5.5 RyT offers the User a free rework if the User requests this rework within 48 hours of receiving the proofread document and provides a comprehensible argument for it.

6. Pricing models and payment terms

6.1 The current prices for all services offered by RyT will be published on the Platform. RyT reserves the right to change prices at any time.

6.2 Unless otherwise agreed upon or specified otherwise in these T&Cs, payment for all offered services is made in advance.

6.3 Depending on the scope of the booked coaching, payment can be made in several installments. The number and amount of the payment installments as well as the payment dates are to be taken from the individual list provided for the User.

6.4 If coaching or editing is to be started at short notice, the User is obliged to submit proof of payment in textual form or to pay by real-time bank transfer.

7. Learning content, learning materials and templates

7.1 RyT can make learning content, learning materials and templates available to the Users within the framework of the E-learning incl. toolbox and the coaching. There is no claim to completeness of any learning content, learning materials and templates. Users cannot assert any legal claims against RyT in this respect. The same applies to all content and information published by RyT on the Platform.

7.2 The use of the learning content, learning materials and templates provided, extends to the contractually agreed-upon period. RyT grants the User a simple, non-transferable right to use the learning content, learning materials and templates for the agreed term. Passing on any learning content, learning materials and templates to third parties, both against payment and free of charge, is expressly prohibited. Passing on in a modified form is also prohibited.

8. Changes to the T&Cs

8.1 RyT is entitled to make changes to the T&Cs at any time and without giving reasons.

8.2 The User shall be informed of the amendments to the T&Cs by e-mail (hereinafter "announcement message") two weeks before they come into force. If the User does not object in writing or by e-mail to help@rockyourthesis.com within a period of a further two weeks after sending the information about the amendments to the T&Cs, the amendments shall take effect and become part of any contractual relationship between RyT and the User. In the announcement message, RyT will draw the User's attention to the significance of his/her conduct.

8.3 In the event of an objection pursuant to clause 8.2, RyT reserves the right to extraordinarily terminate contracts between RyT and the User.

9. User's obligations to cooperate

9.1 The availability of a hardware device including internet access is necessary for the use of the Platform and the purchased services. The User is solely responsible for providing a functioning hardware device and Internet access.

9.2 The support and advice provided within the framework of the coaching as well as the debriefing included in the consulting and proofreading are carried out via an online meeting. The User must ensure that he has functioning video conferencing software, which is determined by RyT (e.g. the video conferencing software "Zoom"), a microphone, an audio output as well as a webcam, so that the online meetings can be carried out in good time and without disruptions. Missing or insufficient hardware, missing or non-functioning internet access and missing or non-functioning video conferencing software do not constitute reasons for postponing or cancelling an online meeting.

9.3 The User shall ensure that all documents, information and materials required for the performance of proofreading are available in a complete and readable form.

9.4 The User may store documents related to the coaching, such as the current status of his/her academic work, on the SharePoint provided for the duration of the coaching. Access to the SharePoint is only granted for the duration of the contract. The User must ensure that these documents are saved before the end of the contract term. RyT will delete the documents after the end of the contract term.

10. Liability

10.1 RyT shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health that is based on gross negligence or intentional breaches of duty on the part of RyT, its legal representatives or vicarious agents, as well as for damages that are covered under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG). RyT shall also be liable in accordance with the statutory provisions for damages not covered by aforementioned and which are based on intentional or grossly negligent breaches of duty as well as fraudulent intent on the part of RyT, its legal representatives or vicarious agents.

10.2 RyT shall also be liable for damage caused by simple negligence insofar as the damage incurred by the User is based on the breach of material contractual obligations. Material contractual obligations are obligations which must be granted to the User in accordance with the content and purpose of a contract and/or whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the User may regularly rely on (cardinal obligations).

10.3 In the event of a breach of material contractual obligations, RyT shall only be liable for the foreseeable damage, typical for the contract, if this was caused by simple negligence. Unless it is a matter of claims for damages by the User arising from injury to life, limb or health or under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG).

10.4 Insofar as liability does not exist in accordance with the above clauses, RyT accepts no liability whatsoever

10.4.1 for the achievement of a specific examination result or the failure to pass the examination;

10.4.2 for the content and/or completeness of any information or learning materials provided (in accordance with clause 7.1);

10.4.3 for consequential damage caused by possible delays in studies or for damage caused by the unsuccessful completion of studies. The same applies if an academic paper is graded "unsatisfactory";

10.4.4 for the availability of coaches or Proofreaders;

10.4.5 for consequences and possible damages in the event of failure to meet the delivery date of a proofreading;

10.4.6 for consequences and possible damages in the event of non-compliance with the delivery date of a proofreading;

10.5 In addition, any further liability is excluded regardless of the legal nature of the asserted claim. This exclusion relates in particular to damages that

10.5.1 arise as a result of information, documents, statements, images, videos or similar content which the User uses, uploads and/or integrates in the context of the use of the Services offered by RyT and/or

10.5.2 arise due to ratings by or content from third parties as well as due to links or frames that integrate content from third-party websites into the Platform or the respective services.

10.6 The above exclusions and limitations of liability also apply in favour of RyT's legal representatives and vicarious agents.

11. Information, offsetting and retention rights

11.1 The User may always offset against claims of RyT insofar as the claims of RyT and the User are based on the same contractual relationship and are in a mutual relationship with each other in accordance with ┬ž 320 BGB. In addition, offsetting by the User against RyT's claims is only permissible with undisputed or legally established counterclaims of the User. This paragraph applies accordingly to the User's rights of retention.

12. Right of withdrawal

12.1 As a consumer, the User is entitled to a Right of Withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity (┬ž 13 BGB).

13. Defects liability

13.1 RyT shall be liable for material defects and legal defects in accordance with the applicable statutory provisions. The limitation period is two years.

14. Applicable law and jurisdiction

14.1 The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, if the User has his/her habitual residence in Germany or his/her habitual residence is in a country that is not a member of the European Union. In the event that the User has his/her habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the User has his/her habitual residence shall remain unaffected.

14.2 Insofar as the User had his/her domicile or usual place of residence in Germany at the time of conclusion of the contract and has either relocated from Germany at the time of an action being brought by RyT or his/her domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes shall be RyT's registered office in Monheim am Rhein.

14.3 RyT does not declare its willingness to conduct a dispute resolution procedure pursuant to ┬ž 36 of the Act on Alternative Dispute Resolution in Consumer Matters and is not obliged to do so.

14.4 The online dispute resolution is available at this link: http://ec.europa.eu/consumers/odr. This is a contact point for consumers who wish to settle disputes arising from contracts concluded on the Internet, out of court.

14.5 Should individual provisions of these T&Cs be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties undertake to jointly replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the invalid or unenforceable provision in economic terms. The same applies to any loopholes in these T&Cs.

WITHDRAWAL POLICY

Right to Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is 14 days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us, Rock your Thesis GmbH with its registered office in Monheim am Rhein and business address Niederstra├če 2, 40789 Monheim am Rhein, telephone number: +4915159008798, e-mail address: help@rockyourthesis.com, registered in the commercial register of the local court D├╝sseldorf under the number HRB 102365, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw this contract. You can use the enclosed model cancellation form for this purpose. The use of the model cancellation form is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the service be provided during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of your right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

To Rock your Thesis GmbH with its registered office in Monheim am Rhein and business address Niederstra├če 2, 40789 Monheim am Rhein, telephone number: +4915159008798, e-mail address: help@rockyourthesis.com, registered in the commercial register of the local court D├╝sseldorf under the number HRB 102365.

I hereby withdraw the contract concluded by me for the provision of the following service: [ÔŚĆ].

- Ordered on [ÔŚĆ] /received on [ÔŚĆ]

- Name of the costumer

- Address oft he customer

- Signature of the customer (only in case of notification on paper)

- Date

I have read the General Terms and Conditions and agree to their validity.

Expiry of the right of withdrawal:

I hereby declare that I agree that Rock your Thesis GmbH, with its registered office in Monheim am Rhein and business address Niederstra├če 2, 40789 Monheim am Rhein, telephone number: +4915159008798, e-mail address: help@rockyourthesis.com, registered in the commercial register of the local court D├╝sseldorf under the number HRB 102365, may commence the provision of the service owed before the expiry of the withdrawal period. Furthermore, I confirm that I have taken note of the fact that my right of withdrawal, which exists in accordance with the withdrawal instructions, expires when Rock your Thesis GmbH has completely provided the trained services.

Version as of 09/01/2024