General terms and conditions for participation at the hacking lab
I. Contracting parties – scope of application, contractual language
- Contracts are concluded with the company BreakinLabs GmbH, Franz-Mayer-Straße 1, 93053 Regensburg, Germany, Mail: firstname.lastname@example.org (in the following called “BreakinLabs”) and participants, who can be consumers as well as entrepreneurs.
- These terms and conditions apply to contracts with users for participation in online training courses, such as the hacking lab or other online training courses offered by BreakinLabs via the Internet.
- Where these GTCs refer to “consumers”, these are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
- “Entrepreneurs”, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity.
II. subject matter of the contract
III. Conclusion of contract
- The contract for the participation in an online training course is only concluded with the confirmation e-mail for the participation in the training by BreakinLabs.
- Each participant in online training courses requires a separate participation contract.
- After receipt of the course fees on the account of BreakinLabs, BreakinLabs will immediately, in any case within three working days, send the access data for logging into the online training to the customer by email. It is not permitted to pass on these access data to third parties. The participant is obligated to keep the access data secret and to protect them from the knowledge of third parties. The participant has to inform BreakinLabs immediately in case of loss of the access data, the password or in case of suspicion of misuse of these data. Furthermore BreakinLabs is entitled to block the access to the customer account or the online portal in case of abuse. The participant is liable for abuse for which he is responsible.
- The right to extraordinary termination for good cause remains unaffected for both parties.
- The contract text is stored at BreakinLabs, but is no longer visible to the customer after the conclusion of the contract. The customer receives the terms and conditions with the confirmation of the contract.
- Hacking attempts on the reset portal and the infrastructure, i.e. any IP addresses not listed on the website or in the reset portal are strictly prohibited. Attempts are logged and result in deletion of access.
IV. Terms of payment
V. Subject to change
- BreakinLabs reserves the right to make necessary content and organizational changes before or during the contract, as long as these changes do not change the overall character of the online offer significantly.
- Further claims against BreakinLabs are excluded, except in case of intent or gross negligence.
VI. technical requirements at the participant’s premises
VII. Rights of use
- The design and method of creation of the machines of the online training laboratory as well as training materials, including software, program codes and applications, are protected by copyright. BreakinLabs grants the participant with full payment of the agreed training fee a non-exclusive and non-transferable right of use of the training contents, limited to the training purposes and duration of the contract.
- The participant receives the license to read the texts and contents for training purposes and to save them on his own devices. Copying, editing (with the exception of the exercises in the designated places), passing on, duplicating or using the contents for purposes other than self-study is not permitted.
- Copyright designations may not be changed or removed.
- The passing on of training material to third parties is not permitted.
- It is not permitted to pass on and make available your own user IDs and other authentication aids for use by third parties.
- The statutory warranty applies.
- In case of errors or malfunctions of the online laboratory, which are due to errors or malfunctions of the software or hardware of BreakinLabs, BreakinLabs will try to correct the error or malfunction within a reasonable period of time and offer the participant a corresponding extension of the online training according to the duration of the failure. The right of the participant to reduce the price remains unaffected.
- The online training courses and participation in the hacking lab serve to impart knowledge about security techniques and protective measures against attacks. Learned contents must be implemented by the participant on his own responsibility. BreakinLabs is not liable for damages of the participant at his used devices.
- The participant is required to check the compatibility of the content conveyed and the tools used with the legal system of his place of business or residence. Failure to carry out this check may constitute contributory negligence on the part of the participant.
- In case of slight negligence BreakinLabs is only liable for breach of contract essential Pﬂichten and limited to the foreseeable damage.
- The aforementioned limitations of liability do not apply in case of intent or gross negligence of BreakinLabs, in case of fraudulent intent or assumption of guarantees, in case of violation of an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation), as well as in case of injuries of life, body and health or in case of liability according to the product liability law. In these cases, the statutory provisions shall apply.
X. Cancellation Policy/Right of Withdrawal
Cancellation policy / Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (BreakinLabs GmbH, Franz-Mayer-Straße 1, 93053 Regensburg, Germany, e-Mail: email@example.com) by means of a clear statement (e.g. email sent) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, 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 refund.
The right of revocation expires in the case of a contract for the delivery of digital content if we have started to execute the contract (e.g. you download the provided files or connect to the training laboratory) after you have expressly agreed that we will start to execute the contract before the end of the revocation period and you have confirmed that you are aware that you will lose your right of revocation by giving your consent when the execution of the contract starts.
XI. References to the EU OS Platform and References under the CSBG
- The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be accessed at https://ec.europa.eu/odr. Our e-mail address is firstname.lastname@example.org
- We do not take part in any dispute settlement proceedings before a consumer arbitration board and are not obliged to do so.
XII. Applicable law, contractual language, place of jurisdiction
- The law of the Federal Republic of Germany shall apply, excluding the provisions of the Uniform UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- Contract language is English.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, or in Germany without jurisdiction, the exclusive jurisdiction for all disputes arising from this contract is the seat of BreakinLabs. BreakinLabs is furthermore entitled to sue at any other legal place of jurisdiction.
Sample revocation form
If you want to cancel the contract, please fill out this form and send it back to
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s) (only in case of communication on paper)
Date, ___________signature of the consumer(s) _______________
(*) Delete as applicable.
State: March 2020