General Terms and Conditions

General Terms and Conditions

Notes on the Terms and Conditions

§1) Scope and Definitions
1. These General Terms and Conditions (GTC) apply to all contracts between SMART &PRO AI Juan García (hereinafter referred to as the “Provider”) and the Client (hereinafter referred to as the “Client”) concerning lectures, seminars, workshops, or other training and consulting services in the fields of Artificial Intelligence, Machine Learning, Big Data, and related topics.
2. For the purposes of these GTC, “Clients” are individuals, companies, organizations, institutions, or entities that use the Provider’s services for professional or business purposes.
3. “Online Events” are lectures, seminars, or workshops conducted via digital platforms (e.g., Zoom). “Participants” are the individuals designated by the Client who attend these events.

§2) General Provisions
1. These General Terms and Conditions govern all business relationships between SMART &PRO AI Juan García (hereinafter “Provider”) and the Client (hereinafter “Client”) in the version valid at the time of commissioning.

§3) Subject of the Contract
1. The subject of the contract is the performance of lectures by the Provider on topics related to Artificial Intelligence, Machine Learning, Big Data, and other related areas, particularly in connection with the Provider’s publications and expertise as an author.
2. The specific content, dates, and fees of the lectures are agreed upon individually and set out in a separate written agreement or order confirmation.
3. No physical products are sold. The Provider’s books are available exclusively through book retailers or online platforms.

§3a) Online Events, Participation Conditions, and Technical Requirements
1. Participation in online events requires a stable internet connection, a suitable device, and the necessary software (e.g., Zoom). The Provider is not responsible for technical problems or participation issues on the Client’s side, nor for their technical knowledge or skill level.
2. Access links for online events are PERSONAL and NON-TRANSFERABLE. The Client undertakes not to share or disclose these links to unauthorized third parties.
3. Any recording, rebroadcasting, or distribution of the event is prohibited without the Provider’s express written consent.
4. The Provider may, upon prior notice, record events for documentation or quality purposes, while complying with data protection regulations.

§3b) Email Communication and Client Obligations
1. The Client is responsible for ensuring proper receipt of all communications from the Provider related to requests, bookings, payments, event access, and other operational notices.
2. For this purpose, the Client agrees to: (i) provide a valid and regularly monitored email address; (ii) regularly check the spam or junk folder; (iii) add the domains smartandpro.de and deepathena.com to the safe sender list; and (iv) promptly inform the Provider if expected communications are not received within a reasonable time.
3. The Provider is not liable for failure of email delivery caused by spam filters, full inboxes, typographical errors in the provided email address, server restrictions on the Client’s side, or any other causes beyond the Provider’s reasonable control.

§4) Services
1. The Provider undertakes to carefully prepare and deliver the agreed lectures.
2. The specific scope of services is determined by the individual agreement between the Provider and the Client.

§5) Dates and Cancellations
1. Lecture dates are agreed upon individually.
2. Cancellations must be made in writing via email.
3. For cancellations made less than 14 calendar days before the agreed date, the Provider may charge up to 50% of the agreed fee as a cancellation fee.
4. For cancellations made less than 48 hours before the lecture, the full fee is due.
5. If the Client fails to attend or cancels late, the full payment obligation remains in effect.

§5a) Cancellation by the Provider
1. The Provider reserves the right to cancel or postpone an event for legitimate reasons, such as illness, force majeure, or serious technical issues that make performance impossible.
2. In such cases, the Client will be informed as early as possible and offered either a new date or a full refund of the paid amount.
3. Further claims for damages by the Client are excluded unless the Provider has acted intentionally or with gross negligence.

§6) Payment Terms
1. Payment terms, including fees and deadlines, are specified individually in the order confirmation.
2. Unless otherwise agreed, invoices must be paid within 7 working days of the invoice date without any deductions.
3. Payments must be made exclusively by bank transfer.
4. Bookings for online event seats are made exclusively via PayPal using the event registration and payment form.

§6a) Default of Payment
1. If the Client defaults on payment, the Provider may charge default interest in accordance with §288 BGB (currently 9% above the base interest rate for business transactions).
2. Furthermore, the Provider reserves the right to claim additional costs arising from the delay and to suspend service provision until full payment is received.

§7) Copyright and Usage Rights
1. All copyrights to lecture materials and other content created by the Provider remain with the Provider.
2. The Client receives a simple, non-transferable right of use for the provided materials, solely for internal purposes. Distribution, reproduction, or public dissemination is not permitted.

§7a) Recordings and Publications
1. Recording of image, sound, or screen, as well as partial or complete publication or distribution of the events, is prohibited without the Provider’s express written consent.
2. The Provider may, after prior notification, record sessions for internal or promotional purposes. In such cases, data protection regulations will be observed, and explicit consent will be obtained where required.

§8) Liability
1. The Provider is only liable for damages caused intentionally or through gross negligence.
2. Liability for decisions or actions by the Client based on the information provided is excluded.
3. The Provider assumes no guarantee for the factual accuracy or completeness of the information provided.

§8a) Disclaimer for Technical Failures
1. The Provider accepts no responsibility for interruptions, outages, or technical problems caused by third parties (e.g., Zoom, internet providers, power outages, or similar circumstances).
2. In the event of interruptions due to technical reasons beyond the Provider’s control, an alternative date or access may be offered, without entitling the Client to compensation.

§9) Data Protection and Confidentiality
1. The Provider will treat all personal data confidentially and in accordance with the applicable data protection laws. Further information is available in the Provider’s privacy policy.
2. Both parties agree to maintain the confidentiality of all information disclosed during the collaboration. This obligation remains in force even after the end of the cooperation.

§9a) Data Protection in Online Events
1. During online events, personal data (e.g., name, email address, image, or voice) may be processed solely for the execution of the event.
2. The legal basis for such processing is the performance of the contract pursuant to Article 6(1)(b) of the GDPR.
3. External platforms (e.g., Zoom) operate under data processing agreements in accordance with Article 28 of the GDPR.
4. Recordings will only be made with the prior consent of participants, subject to the exceptions stated in §7a.

§10) Amendments to the GTC
1. The Provider reserves the right to amend or update these GTC at any time. Amendments take effect upon publication on the Provider’s website.
2. The version valid at the time of contract conclusion shall apply.

§10a) Language Versions and Translations
1. These GTC may be available in several languages. In the event of discrepancies, the German version shall be legally binding.

§11) Final Provisions
1. The law of the Federal Republic of Germany applies exclusively.
2. The place of jurisdiction for all disputes arising from this contract is Waldshut, unless otherwise required by law.
3. Should any provision of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

§12) Information and Dispute Resolution
1. In the event of complaints or concerns, the Client may contact the Provider at info@smartandpro.de.
2. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board but is committed to resolving disputes directly and amicably with the Client.