General Terms and Conditions (GTC)

for the usage of eSquirrel

  1. Parties
    1. These General Terms and Conditions (hereafter referred to as the „Terms and Conditions“) govern the use of the blended learning platform www.eSquirrel.at including all subdomains provided by eSquirrel GmbH, Guglgasse 6/2/608, A-1110 Vienna the apps for iOS and Android (hereafter referred to as „eSquirrel“) and the services based on them.
    2. By registering with eSquirrel, the user accepts these terms and conditions.
    3. The terms and conditions also apply to the use of eSquirrel on mobile devices.
  2. Subject
    1. eSquirrel provides users with a blended learning platform that includes three different services:
      1. the authoring tool as a web platform for creating blended learning courses; users are called authors;
      2. the eLearning apps for mobile devices on iOS and Android that can use these courses; users are called students;
      3. the teacher’s portal as a web platform, with which the courses created in the authoring tool can be released for students and the course progress can be tracked; users are called teachers.
    2. In order to use the services in the authoring tool or in the teacher’s portal, the user has to register with eSquirrel.
    3. To use courses in the eLearning apps, the user must log in to eSquirrel. eSquirrel is also free to offer courses without login.
    4. The user can use the same account for all services offered by eSquirrel. He has to register once. It does not matter on which of the three services this registration takes place.
    5. Creating courses in the authoring tool and the eLearning apps themselves are free. To be able to share a course in the teacher’s portal, a number of seats for students must be purchased for a certain period of time (for example, 6 months, 12 months). Additional paid courses can be purchased as an in app purchase in the eLearning apps.
  3. Rights and obligations of the user
    1. Registration with eSquirrel requires specific user information. Users agree to provide their information truthfully.
    2. The user may not use eSquirrel for his own or other commercial purposes of any kind, unless expressly permitted by eSquirrel. Copyright, protection and other rights of third parties to which eSquirrel grants access remain fully with the rights holder and are protected accordingly. Therefore, the use of the content and data contained on the provider’s websites (in particular texts, images, graphics, sound, video and animation files) in any form and the implementation of this content and data on third-party websites is not permitted. Abuse is subject to criminal and civil law.
    3. The user is obliged to …
      1. provide only true and non-misleading information on the profile and in the communication with other users and not to use pseudonyms or nicknames;
      2. transmit only those photos of his person to eSquirrel, which identify the user and do not violate the rights of third parties,
      3. observe the applicable laws and all rights of third parties when using the content and services.
    4. When registering, the user selects a password. The user is obliged to keep his access data secret. In the event of loss or disclosure of the access data to third parties, the user immediately informs eSquirrel, which blocks the access data and sends the user new access data. eSquirrel will not pass on the password to third parties or ask the user to provide the access data.
    5. The user is responsible for promptly displaying changes to his user data.
    6. The following actions are prohibited to the user:
      1. Publishing and disseminating content that is generally considered obscene, offensive, harmful to reputation, shocking, pornographic, harassing, racist, xenophobic or otherwise objectionable.
      2. Publishing and disseminating content of a third party, in particular for sex, sms or mms services, personal loans, medicines, alcohol or tobacco.
      3. Publishing and disseminating content intended to harm third parties, e.g. a request for phishing or instructions for the production of computer viruses, trojan horses, spyware or similar.
      4. Unreasonable harassment of other users, especially spam.
      5. Requesting other users to disobey these terms of conditions.
      6. Suggestive or sexual communication (explicit or implicit).
      7. Publication and distribution of copyrighted material without the consent of the copyright holder.
      8. Publishing and distributing content that violates trade secrets, patent, trademark or other proprietary rights.
  4. Rights and duties of eSquirrel
    1. eSquirrel is entitled to delete the content posted by users without prior notice if they violate statutory regulations or these terms and conditions.
    2. eSquirrel reserves the right to change, supplement or offer different services.
    3. eSquirrel can not technically determine the identity of a user with certainty and therefore does not guarantee the identity of the users.
    4. eSquirrel is entitled to block or delete user accounts that have not been used for 12 or more months.
  5. Copyright
    1. eSquirrel respects the intellectual property of third parties. If third parties believe that their works have been reproduced, distributed or made publicly available without authorization, eSquirrel must be informed immediately. eSquirrel is entitled to delete the affected material immediately.
    2. eSquirrel assumes no responsibility or liability for any loss or damage resulting from copyright infringement by users.
  6. Term and termination
    1. The user can request his account for cancellation without giving a reason.
    2. eSquirrel may immediately suspend a user’s account, delete user-posted content, and deprive the user of access to eSquirrel’s services, if any of the following reasons apply:
      1. Non-compliance with legal regulations by the user.
      2. Violation against the terms and conditions, in particular against section 3 of these terms and conditions.
      3. Significant image damage to eSquirrel because of content provided by the user.
      4. Advertising the user for associations or communities – or their methods or activities – observed by security or youth protection agencies.
      5. Damage to other users.
    3. eSquirrel reserves the right to stop offering its services. In this case, the user will be informed within a reasonable time and as early as possible.
    4. Unless otherwise agreed in writing, eSquirrel and the user may terminate the contract in writing at any time without stating reasons. If eSquirrel unilaterally terminates the contractual relationship without important reasons from point 6.2, eSquirrel will refund the purchase price or, for time limited services, the purchase price for the service period that has not yet elapsed. In this case, the user receives on request all data created by him and collected in connection with his account.
  7. Responsibility for the content of users
    1. eSquirrel assumes no responsibility for the content, data and / or information posted by users and for content on linked external websites.
  8. Liability
    1. If a user publishes or distributes content that violates the law and the terms and conditions described herein, he is liable for the resulting damages and costs. The liability of eSquirrel for official measures shall be borne by the user, who is responsible for the official intervention.
    2. eSquirrel is under no circumstances liable for any content, including but not limited to errors, inaccuracies or omissions, or for any loss or damage resulting from the use of content published or distributed by eSquirrel.
    3. eSquirrel is not liable for the temporary unavailability of services, the failure of any or all functions, nor for malfunctions.
  9. Indemnity
    1. The user indemnifies eSquirrel from any claims or claims that may be made against eSquirrel for infringement of rights …
      1. by the content posted by the user on eSquirrel.at or
      2. through the use of the services of eSquirrel.
  10. GDPR
    1. eSquirrel respects the privacy of users. The collection and processing of personal data complies with the provisions of the EU General Data Protection Regulation and Austrian data protection legislation.
    2. Details regarding the processing of users‘ data are set out in the eSquirrel Privacy Policy at www.eSquirrel.at/privacy-policy/. These are part of these terms and conditions.
  11. Fee based offers
    1. Specific courses can be bought in the eLearning apps. The purchase of such a course will be connected to your eSquirrel account and can not be connected to any other eSquirrel account afterwards. The purchase is also linked to your iTunes or Google Account, with which you made this purchase.
    2. You have to pay for the creation of a virtual class in the teacher’s portal. To create a class, seats must be purchased for a certain duration.
    3. Teachers can give students a registration code that students can use to register for the class.
    4. If so many students have registered, as active seats, no further students can register.
    5. If more students are enrolled than there are seats, the class is no longer available in the teacher’s portal until surplus students are removed from the class or a corresponding number of seats are bought. 
    6. The prices for seats are calculated in EUR and are valid from the date of the VAT obligation of eSquirrel including VAT.
    7. Authors can install their course on the eLearning apps for free for testing purposes only. They see their own learning progress in the teacher’s portal. A purchase of seats and / or passing on a registration code for students is not possible for such courses.
  12. Final clauses
    1. eSquirrel reserves the right to change these terms and conditions at any time.
    2. Should individual provisions of these terms and conditions be or become ineffective, this will not affect the validity of the remaining provisions.
    3. Place of fulfillment is the residence of eSquirrel.
    4. Jurisdiction is in Vienna.
    5. All legal relationships of the user with eSquirrel are subject to Austrian law.

As of August 2020