4.1. General Information on Digital Products
The Provider offers a range of digital products, including digital content and digital services, which are accessible via the pons-intelligence.com and langenscheidt.ai, as well as through mobile devices via the Apple and Google app stores (iTunes® and Google Play®). For all digital products, the respective product description displayed during the ordering process (in particular, the specific price and, if applicable, the terms of the contract, including the term, termination, and any minimum contract term) shall apply in addition to the provisions of these General Terms and Conditions. In addition, please note the regulations regarding the right of withdrawal in Section 5.
4.1.1. The Accessibility of Digital Products and Services, Mitigation
The Provider aims to achieve an average availability of its services of 98% per calendar year. The availability is calculated using the following formula: Availability = (Total time - Total downtime) / Total time * 100%. The following periods are not considered in the calculation of the total downtime:
(a) Periods of unavailability that are due to disruptions on the internet that are beyond the Provider's control or other circumstances that are not attributable to the Provider, particularly force majeure (e.g., strikes, lockouts, natural disasters, fires, or terrorism).
(b) Times of unavailability due to planned, previously announced maintenance work on individual or all services, which are carried out from time to time between 6:00 and 8:00 a.m.;
(c) Times due to unavoidable, unscheduled work required to rectify technical issues (users will be informed of such instances, where possible, through a notification on the website of the relevant service).
(d) The service may be unavailable due to technical requirements that must be met by the customer to access the service, such as hardware malfunctions.
(e) In the event that the Provider offers free products and services, these may be discontinued or made subject to a fee at any time, upon prior notification. Customers shall not be entitled to any rights, particularly no claim for damages, arising from the provision of free services and benefits in this case. The Provider will communicate these changes in a timely manner, to the extent possible.
4.1.2. Term and Termination of Subscription Contracts
The term and termination options for subscriptions to digital products are governed by the respective terms and conditions of sale, which are displayed to the customer during the ordering process and become an integral part of the contract.
4.1.3. Termination of contract without notice for a material reason
Both the Provider and the subscriber have the right to terminate the contract at any time for a significant reason.
A material breach of the contract by the other party, which is not remedied within 30 days of receiving written notification, is considered a significant reason for termination. In the event that the contractual partner is an entrepreneur, a material reason exists if the other party ceases its business operations or if an insolvency petition is filed against it. A significant reason for the Provider to take action is when it is reasonable to assume that the services are being misused or used in a manner that is contrary to the terms of the contract.
4.1.4. Blocking Access
In the event of a material reason, the Provider is furthermore entitled to suspend the customer's access privileges or restrict the services, particularly to prevent any further misuse or breach of contract.
4.1.5. Updates for Digital Products
(a) Subject to any contrary agreement, the Provider shall provide the customer with functionality-preserving updates and necessary security updates for digital products within the meaning of the German Civil Code (BGB).
(b) The customer will be informed about the availability of updates and, if necessary, their proper installation. It is the responsibility of the customer to ensure that the updates are installed correctly, in accordance with the installation instructions provided.
4.1.6. Price Adjustments
(a) The Provider is entitled, at its reasonable discretion, to make price adjustments to cover changes in the total costs incurred by the Provider for the provision of the service, to a reasonable extent. Such changes in the total cost may result from the increased cost of individual elements or components (cost elements) that are necessary for the provision of services.
(b) The following cost elements have a significant impact on the overall cost structure: costs associated with the technical provision of the service (e.g., hosting), maintenance of the service, production and licensing costs, general operating and administrative costs (e.g., payment processing, debt collection, rental and space costs, energy costs), hardware (servers, IT systems), personnel costs (e.g., salary increases, collective bargaining agreements, minimum wage adjustments), costs related to external service providers (e.g., call centres, IT support, hosting providers), and cost-relevant legislative changes (e.g., increases in taxes, tariffs, and fees).
(c) Existing customers will be informed about the price change via email at the latest one month before the price change takes effect. Unless the existing customer objects to the change within the timeframe specified in the notification of change, their consent to the change is deemed to be granted. The notification regarding the intended price adjustment will highlight the deadline and the consequences of filing an objection or failing to do so.
(d) In the event that the existing customer does not agree with the price adjustment, they may terminate the contract with immediate effect at the time the price adjustment takes effect. The present price adjustment clause applies only to indefinite or fixed-term contracts with a minimum term of 4 months.
4.1.7. Data Processing by Customers
The customer is obligated to comply with all applicable legal regulations regarding the collection, processing, and use of data that is transmitted to the Provider and processed by the Provider in connection with the digital products in accordance with this agreement. In particular, the customer is required to promptly enter into a data processing agreement with the Provider (as provided by the Provider) if the customer intends to transmit personal data to the Provider in the course of using the services. The customer guarantees that they will not collect, process, or use any personal data in connection with the use of the services without the explicit consent of the affected individual or any other legal basis.
4.1.8. Liability
The customer shall indemnify the Provider against all claims of third parties, including the necessary costs for legal defence, which are asserted against the customer due to a culpable breach of this agreement. In the event that a third party asserts any such claims against the Provider, the Provider shall promptly inform the customer of the asserted claims and, at the customer’s discretion, either defend the claims or cooperate with the customer in the defence of the claims. The service Provider shall not fulfil or acknowledge any claims of third parties without the prior consent of the customer, provided that the customer’s consent is not unreasonably withheld or delayed. The Provider is entitled to request a reasonable advance payment for the anticipated costs of legal defence. The exemption applies accordingly to fines or other administrative or judicial orders and claims.
4.2. Langenscheidt Online Dictionary (OWB)
This section outlines the terms and conditions under which customers are permitted to use a dictionary or dictionary package in the Langenscheidt Online Dictionary (OWB) for the benefit of one or more additional users. There are various options for the paid use of the OWB under a time-limited subscription (hereinafter referred to as "paid subscriptions"). The offer can be accessed via the following link: https://www.langenscheidt.com/b2b/online-woerterbuch.The registration of an IP range or named user account, or a test account, is not conducted through the website and is regulated separately and individually.
4.2.1. Conclusion of a Named-User-Subscription by a Consumer or an Entrepreneur
The Named-User-Subscription comprises two components: (1) the subscribed dictionary or dictionary package, and (2) the maximum number of additional users (Named-User) that can be registered for the subscription. In the Named-User-Subscription, all users are known to the Provider and must register through the website. Upon the conclusion of a Named-User subscription, the customer may invite additional users to utilize the OWB via the administrative interface of the OWB, unless they have subscribed to the Named-User-Subscription by redeeming an access code. The maximum number of additional users is determined by the respective scope of services included in the selected subscription.
Customers can directly create additional users through the administrative interface of the OWB. In this case, the password for the additional users is assigned by the person who invited them. These users can change their passwords later through the OWB administrative interface.
4.2.2. Subscription of an IP range by an Entrepreneur
As part of the IP range subscription, subscribers (e.g., a company) inform the Provider of the IP range for which they wish to activate the subscription. Access is granted to all customers' users who access the OWB from a workstation within this IP range. The IP Range model is exclusively available to entrepreneurs or other legal persons; private individuals are not eligible to purchase this model.
The right of use is granted for the number of users specified in the respective offer. An increase in the number of users is possible upon prior written consent from the Provider, subject to a corresponding increase in the subscription fees. A reduction in the number of users is possible for the first time after the end of the agreed-upon subscription period. For further information on the offerings, please visit https://www.langenscheidt.com/b2b/online-woerterbuch.
The usage is limited to a maximum of 3 parallel HTTP sessions per customer, unless otherwise specified in the context of an IP range subscription.
4.2.3. Redemption of an Access Code
Some purchasers of physical products (e.g., dictionaries) from the Langenscheidt brand are provided with an access code upon purchase, which grants them access to specific sections of the OWB. Customers who wish to activate an access code for the OWB must register on the website with their access data and a self-selected password. Following successful registration and the entry of the access code on the website, customers are granted access to the functions defined by OWB. This access is limited to the Named-User-Subscription, which is personal to the customer and time-limited to the period specified in the print product, from the date of code redemption on the website. It does not automatically extend; a regular termination is therefore excluded.
4.2.4. Free Trial Access
In addition to the aforementioned paid options, we offer complimentary, time-limited test access to the OWB as part of our marketing efforts. Following successful registration for a test access, the free use of the OWB is available for the period agreed upon in each individual case.
4.2.5. Contractual Parties
The closed usage agreement for one of the paid subscriptions (the "subscription agreement") is binding for the Provider and the customers ("customers" or "subscribers"). In the event that a user of the customer registers on behalf of or in the interest of their company or another legal entity, they hereby declare that they have the necessary authorization to enter into this contractual relationship on behalf of their company or another legal entity. In this case, the company or legal entity becomes the provider's contractual partner.
4.2.6. Age of Customers
Individuals who subscribe to a paid subscription must confirm that they are at least 18 years old and legally competent. To use a test access, the customer must be at least 14 years old and act with the consent of their legal guardian.
4.2.7. Terms of Use
Subscribers to an IP range subscription as per Section 6.2.1 or a Named-User-Subscription as per Section 6.2.3, which allows access for more than one additional user, are obligated and, by entering into the contract, confirm that they will impose the same terms and conditions regarding the use of the OWB on their internal users (e.g., employees) as set forth in these General Terms and Conditions. The customer is liable for any misuse of the service that can be attributed to them, in accordance with the applicable legal provisions. The Provider reserves the right to immediately suspend an IP range subscription or a Named-User-Subscription that allows access for more than one user of the customer, if internal users repeatedly violate the terms of this agreement or otherwise breach the agreement and fail to rectify the breach or repeat the violation despite a reasonable notice period.
In the event that this applies, the Provider will comply with the obligations set forth in the Digital Service Act (DAS), Article 14, Paragraph 1, and will take moderating action in the event of any infringements.
4.2.8. Subscription Fees
The subscription fees for the OWB are due at the commencement of the respective subscription period. The specific details regarding subscription fees and payment terms are outlined in the respective offer.
4.2.9. Payments Due
The Provider may suspend the services or terminate the contract without notice if the fees have not been paid within 30 days of the due date.
4.2.10. Pricing
The Provider reserves the right to modify the parameters that determine the price for the agreed-upon use of the OWB in the future (price per dictionary or dictionary package, number of sessions, number of users in the package). The Provider must inform the subscriber of this change at the latest 45 days prior to the next contract renewal for monthly subscriptions and at the latest 3 months prior to the next contract renewal for annual subscriptions, specifying the reason and scope of the change.
4.2.11. Contract Term
(a) The term of the contract is dependent on the specific contract type (e.g., Named-User-Subscription, test access). Unless otherwise specified in the respective product description, the minimum subscription period is 12 months. The duration of a contract concluded through this website is displayed prior to the conclusion of the contract or communicated in writing or by email in the corresponding offer.
(b) The subscription agreement of a consumer will end after the minimum subscription period has expired, without the need for a formal notice of termination.
(c) Subscription agreements with companies can be terminated by both parties in writing, with a notice period of up to three months prior to the expiration of the minimum subscription term. If the subscription is not terminated in a timely manner, it will automatically be extended for an additional 12 months.
4.3. PONS Translate
The translation service offered by the Provider enables the translation of texts and documents using machine translation, available on pons-intelligence.com. After registration, the customer is offered a free trial phase.
43.1. Subject Matter of the Contract
In accordance with these General Terms and Conditions and the service description associated with the product, the Provider grants customers access to the subscribed services for the duration of the agreement upon the purchase of a subscription, as described on pons-intelligence.com.
In the context of the various fee-based offerings, customers are required to pay the agreed-upon compensation, as specified in the purchase process or the order form.
4.3.2. Services and Offerings
The Provider grants customers access to the subscribed services during the term and within the scope of the agreement, including the service description. The various services, terms, and prices are described in the service descriptions for the subscriptions of PONS Translate Pro, PONS Translate Enterprise and the Translate API. Unless otherwise agreed upon within the subscription options, the acquisition of a single subscription to PONS Translate Pro entitles the customer to use the service by a single user. It is strictly prohibited to share access or to use a single subscription by multiple users.
4.3.3. PONS Translate Pro
In the context of text and document translation, the Provider stores content or processed content for individual customers on its servers only temporarily, as required by technical necessity for the provision of the service, in the case of PONS Translate Pro services. Further storage will only take place at the customer's request, for example, through the use of the "stored translations" function by the customer. The Provider is, however, entitled to create and store access logs for billing, security, and statistical purposes. The access logs do not contain any content or processed content, but may include metadata from API requests, such as the time of the request and the size of the transferred content.
The Provider shall only access content and/or processed content if it is necessary to rectify technical errors and the customer has given their consent. Alternatively, customers may provide the Provider with sample documents that document or reproduce the error, to facilitate the resolution of the issue.
4.3.4. PONS Translate Enterprise
As part of a corporate subscription (PONS Translate Enterprise), the company is granted access to an interface, which can be shared with a defined number of users within the company, in accordance with the product description. The company reserves the right to grant access to the functions via the interface of the subscribed translation service to additional internal users at its sole discretion. The company shall be fully responsible for the use of the services by additional internal users and shall ensure that they are aware of and comply with all the terms and conditions specified herein for digital products and digital services. The company is obligated to promptly notify the Provider of any suspected or actual breaches of these General Terms and Conditions and to cooperate with the Provider in the investigation of such breaches and in all measures to enforce the terms. Further details are governed by a data processing agreement between the company and the Provider.
Users of the company can save translations and share them with other users within the company via the individual interface (in contrast to the provisions of Section 4.3.3 for individual subscriptions). Additionally, company-specific glossaries can be created and shared. The data is stored in secure areas on the Provider's servers. The Provider is obligated, in accordance with the data processing agreement, to maintain the confidentiality of all customer data and documents and to protect them from unauthorized access outside the company. The company is solely responsible for the storage, sharing, and deletion of the generated translation.
4.3.5. Translate-API for Text Translation
The Provider also offers companies the use of machine translation via an API on a subscription basis. For this purpose, the Provider provides the customer with the necessary access data.
The Provider grants a non-exclusive, non-transferable right and license to use the API for the sole and limited purpose of using the PONS text or document translation for the subscribing company's website or other application. The API enables the company to utilize the technical infrastructure of the Provider for machine translation by transferring text content to this infrastructure. The Provider processes the content in accordance with these General Terms and Conditions, the service description, and the documentation of the API service. The Provider cannot, however, guarantee the accuracy or precision of the API responses or the processed text content. The Provider specifically disclaims any responsibility for the accuracy of the content generated by the machine translation.
4.4. Langenscheidt Language Coach
The Langenscheidt Language Coach is a software designed to support language learning through exercises that are tailored to the content of the topics selected by the customer. This offer is intended for both educational institutions and companies (commercial use), as well as for individual consumers. The Provider offers a customizable version of the Language Coach, which can be tailored to the specific needs of companies, with optional customizations of design, logo, and domain name (partner version).
The following sections also apply to partner versions, although the access domain and registration link differ from those mentioned.
4.4.1. Registration for individual use
To utilize the product as a language learning tool, consumers must register on the website langenscheidt.ai. This registration is separate from any registration on other websites of the Provider, as outlined in Section 2.2 of these General Terms and Conditions. Following the free use of a defined number of practice exercises, a valid subscription with various terms can be directly acquired within the product.
4.4.2. Registration for Commercial Use
For the commercial use of the product as a school or company, registration is required via https://ucm.langenscheidt.com/register. Upon registration for commercial use, the school or company will be granted access to an administration software, enabling them to create and manage their own courses and additional users as learners (hereinafter referred to as "course administrator"). Following the completion of the trial phase, a paid subscription is required, which can be managed in the administration software with varying user numbers and subscription terms.
4.4.3. Topic-based Exercises
The topics entered by users, or a course administrator (both private and commercial) are transmitted to our server to generate various exercises corresponding to the entered topic and make them available to users. In this context, the customer is obligated to comply with all statutory provisions for the collection, processing, and use of data that are transmitted to the Provider in connection with the digital products in accordance with this agreement and processed by the Provider. In the event that a course administrator specifies a topic, the thematic exercises generated on this basis are accessible to all users assigned to a course. The Provider is obligated to maintain the confidentiality of all user data and documents and to protect them from any unauthorized access outside the school or company. Further details are governed by a data processing agreement.