Terms of Use for the gyde Platform
rho data GmbH, Friedrichstraße 9, 70174 Stuttgart (hereinafter "Provider") provides the Gyde platform (hereinafter "Platform") as a provider and operator through an app and/or web app application as part of the provision of services for a continuing education program for executives and employees, with the aim of personal development and exchange with executives and employees from other companies.
These Terms of Use apply to the use of the Gyde platform provided via app or web app by users and inform you about the usage possibilities. These Terms of Use apply exclusively. Conflicting or deviating terms and conditions of the users are not recognized unless the Provider has expressly agreed to their validity.
Should the legal or actual framework conditions for the use of the platform change, we reserve the right to adjust the content of these Terms of Use. You will be informed of changes in due time.
1. How and under what conditions do I get access to the platform?
The use of the platform requires that you register with a company email address provided to us by your company and a secure password of your choice. If you have a user account with Google (https://myaccount.google.com/) or Apple (https://appleid.apple.com/) linked to your company email address, you can also log in via Google or Apple.
Registration and use of the platform is available to you within the framework of the Terms of Use and is made possible through your company, provided that it has concluded a corresponding contract with the Provider and you have agreed to the transfer of your personal data to the Provider by your company for pre-registration with the Provider. There is no entitlement to registration and use of the platform. Only one registration per person is permitted. Only persons who have reached the age of eighteen, have full legal capacity, and have confirmed their acknowledgment of the privacy policy and acceptance of the Terms of Use during registration, as well as given the required declaration of consent to data processing, can become users.
We use the so-called double opt-in procedure for registration, i.e., your registration is only complete once you have confirmed your registration by clicking on the link contained in a confirmation email sent to you for this purpose.
If you have forgotten your password, please contact info@gyde.io with an appropriate message.
Upon complete registration, you receive the opportunity to log into your user account on the platform with your access data and, associated with this, the simple, revocable, non-transferable, non-sublicensable right to use the platform yourself and for your own purposes and for the duration of the user relationship in accordance with these Terms of Use. Any use of the platform that deviates from this is prohibited. This applies in particular to the paid or unpaid transfer or making available of the platform or parts of the platform to third parties, even if this occurs on computers or devices in your possession.
2. What services are offered on the platform?
The offer on the platform is a continuing education program for executives and employees consisting of two components: the smartphone app or web app and the group coaching sessions conducted via video telephony with a coach and executives or employees from other companies.
On the platform, learning content is made available to the user in the form of microlearning units. In addition to simple text content, small quizzes and reflection tasks that can be answered through multiple-choice or text inputs are offered on the platform. The goal of the platform is to convey relevant learning content to the user in a short time, to consolidate what has been learned through tasks, and to transfer it into everyday life through reflection tasks.
At regular intervals (e.g., every 2 weeks), group coaching sessions are offered as part of the continuing education program. Here, the user participates in a video conference together with executives and/or employees from other companies and a coach commissioned by the Provider. During this group coaching, the content learned in recent weeks is discussed and concrete situations from the users' everyday lives are reflected upon. The aim of the group coaching is to consolidate the content learned in the app and transfer it to one's own everyday life, as well as to find solutions to specific challenging situations through joint exchange and advice from the coach.
3. Which functions of the platform are available to me?
The platform is available to you in several national languages (currently German, English).
After registration and/or login, you will be directed to the navigation page of your user profile, where you can make further settings or retrieve information about the platform, especially about your courses with the learning content and the coaching sessions, and work through your learning content.
If you have questions for our coaching team, you can contact our coaching team directly by sending a message to coaching@gyde.io.
4. What obligations do I have to observe when using the platform?
You are responsible for your information and obliged to provide only truthful information.
You commit to lawful use of the platform and your profile in accordance with these Terms of Use. You assure that in the context of use, you will not distribute any content relevant to criminal law, not violate applicable law or other rights of third parties. In particular, you are prohibited from distributing content that is harmful to minors, pornographic, discriminatory, extremist, and racist, virus attacks, as well as the misuse of applications for interfering with the security precautions of a foreign network, host, or account, as well as reverse engineering of the platform.
You are obliged to protect access to the platform and your profile against unauthorized use by third parties and to keep your password secret. As a user, you are particularly obliged to treat the chosen password confidentially, protect it from access by third parties, and ensure its proper use. If there is suspicion of knowledge and/or misuse of the registration data by third parties, you must inform the Provider immediately.
You are responsible for all content that you post or make accessible on the platform and on your profile yourself, e.g., for texts, links. You commit not to violate any trademark, copyright, personality, or other rights of third parties.
You indemnify the Provider against all damages incurred by the Provider due to unauthorized use of access to the platform and your profile or other damaging actions by you or third parties, insofar as you are at fault.
5. Can I edit my data?
You can edit your answers to questions, tests, and reflection tasks at any time. It is also possible to edit and delete your notes.
6. Can I delete my user account?
You can delete your user account at any time by sending us a corresponding message to info@gyde.io. We will delete it immediately unless there are compelling reasons against deletion.
7. Rights and granting of rights to the Provider; Indemnification
All content made available on the platform, in particular texts, audio, video or image files, graphics or other works, are protected by copyright or other industrial property rights and belong to the Provider, another user, or other third parties who have provided the respective content, unless they are your own.
The permitted use of this content results from the framework specified on the platform. You are prohibited from reproducing, distributing, editing, modifying, translating, displaying, performing, publishing or exhibiting this content in whole or in part without the consent of the respective rights holder.
Insofar as necessary for the provision of services by the Provider, you grant the Provider the simple, free, transferable, sublicensable, spatially and temporally unlimited right of use to the content you have posted on the platform to the extent necessary for the contractually agreed provision of services by the Provider. Furthermore, you declare that no third party rights conflict with the granting of rights.
Should other users or third parties assert claims against the Provider due to your use or exploitation of content and other information in connection with the platform, in particular due to the violation of personality rights, copyrights, trademarks or performance protection rights as well as trade secrets, you are obliged to indemnify the Provider and to provide the Provider with information and information necessary for legal defense.
8. Violation of the Terms of Use
The Provider is entitled to remove illegal content, e.g., content that violates legal or official prohibitions or good morals, from the platform without prior warning to the user. In addition, the Provider reserves the right to impose a ban on use against the user in these cases as well as in cases of other violations of the Terms of Use or applicable law. Serious violations can also lead to complete blocking of access to the platform or deletion of the user account. This does not give rise to a claim for reimbursement by the user.
9. Personal data and data protection
The Provider uses the personal data provided by the registered user in accordance with the applicable provisions of German and European data protection law, in particular the General Data Protection Regulation of the European Union. For further information on the processing of personal data by the Provider, we refer to the separate data protection consent declaration given as part of the registration process as well as our data protection information.
The user assures and warrants that all personal data provided by him/her is truthful and complete and undertakes to inform the Provider of any changes to his/her usage data immediately by sending a message to info@gyde.io.
10. Confidentiality of coaching conversations; Secrecy
During the group coaching sessions, users exchange information with executives from other companies. The user must ensure that no business-critical internal information is shared in this round. Furthermore, the information exchanged in the group coaching sessions as well as within the framework and in connection with the platform use about the persons and situation of other users and their companies must be treated confidentially and kept secret from third parties. The obligation continues to apply after termination of the contract.
11. Availability of the platform; Updates; Disclaimer
The Provider does not assume any guarantees regarding availability, reliability and functionality of the platform and is not responsible for the accuracy, currentness and completeness of its own content or third-party content (so-called third-party content) made available with the platform. The Provider reserves the right to temporary restrictions of the service to a reasonable extent due to maintenance work and further developments, insofar as these are necessary for proper or improved operation.
The Provider reserves the right to make new versions and updates of the services at any time and without prior notice, in particular changes to the design, operational procedure, technical specifications, systems and other functions of the services.
Liability is excluded unless mandatory liability applies under the Product Liability Act, due to intent, gross negligence, due to injury to life, body or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations or other legal requirements. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties may regularly rely. Compensation for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless intent or gross negligence is present. The exclusion of liability applies accordingly to the legal representatives or vicarious agents of the Provider.
12. Miscellaneous
The Terms of Use are subject to the law of the Federal Republic of Germany.
If the user does not have a general place of jurisdiction in Germany, the place of jurisdiction is Stuttgart.
Should individual provisions of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining Terms of Use. They shall be replaced by an appropriate provision that most closely approximates the purpose of the invalid provisions. This also applies in the case of a regulatory gap.
Please address requests for information, questions, complaints or suggestions to the following contact details:
rho data GmbH
Friedrichstraße 9
70174 Stuttgart
info@gyde.io
Stuttgart, February 2023