Terms of Use for CAI^® World FLEX

1. Scope and Acquisition via Microsoft Marketplace

1. These Terms of Use apply to all natural and legal persons ("Users") who use the SERVICE. They apply regardless of whether the User:

• a) has concluded a contract (SaaS license) with CAI themselves or subscribed to the App via the Microsoft Marketplace (Session Manager),
• b) acts for a company or organization that has concluded a contract with CAI or acquired a subscription in the Microsoft Marketplace, or
• c) has been invited to a session/meeting by another user (pursuant to a or b) as a moderator, coach, client, or participant without having concluded a direct license agreement with CAI themselves.

2. Insofar as the application is obtained via the Microsoft Marketplace, the provisions of the Microsoft Standard Contract or the conditions of the Microsoft Marketplace for the acquisition of the license shall apply additionally. In the event of conflicts between the Microsoft Marketplace provisions and these Terms of Use, the Microsoft provisions shall prevail with regard to pure licensing and billing; with regard to the concrete use of the functionalities of the SERVICE, these Terms of Use shall apply.
 

2. Authentication, User Account, and Single Sign-On (SSO)

A user account is required to use the SERVICE.

Authentication can take place via direct access credentials or by means of Single Sign-On (SSO) via supported third-party providers (e.g. Microsoft Entra ID, Google Sign-In, Sign in with Apple). If used within third-party services (e.g. Microsoft Teams), the login is generally handled via the provider's corresponding SSO. The User is obliged to keep their login credentials with the respective SSO provider secret and to protect them against unauthorized access by third parties.

When creating a direct user account in the SERVICE, the User sets their own password. The User is responsible for ensuring that the password is not accessible to any third party. Passing on access credentials to third parties is impermissible. The User assumes responsibility for all actions performed using their access credentials.

The User undertakes to notify CAI immediately in writing (e.g. by email to info@cai-world.com) of any unauthorized use of their account as soon as they become aware of it, and to change affected passwords immediately.

The use of trademarked terms or internet addresses as usernames (nicknames) is prohibited.

3. Use of Sessions, Storage of Content 

1. Automatic Storage of Session Content: When working in online sessions (meetings, coaching sessions), the results produced with the digital tools (e.g. boards, documents, notes) as well as chat histories are automatically stored in the database of the SERVICE to ensure continuous work progress.
2. SaaS License and Administrative Functions: Session Managers are authorized to manage contacts, user groups, and sessions within the application. These data are also stored in CAI's database until deleted.
3. Deletion of Tools and Sessions: The respective Session Manager has the right and technical capability to independently delete individual tools used, specific work results, as well as entire sessions and chat histories at any time.
4. Responsibility for Content: The respective Session Manager is solely responsible for all content posted and created by them in sessions or accounts.

4. User Obligations and Rules of Conduct

1. It is the User's duty to ensure that they meet the technical requirements for using the SERVICE described at https://flex.cai-world.com/system-requirements.
2. The use of the SERVICE by the User, in particular the content that the User posts, links, embeds, or otherwise makes accessible, lies within the sole responsibility of the User. The User guarantees that all content posted by them ("User Content") does not violate applicable domestic and foreign statutory provisions, in particular consumer protection law, copyright law, trademark law, competition law, and data protection law, as well as public policy or rights of third parties. Posting User Content that:
   a) is discriminatory, racist, glorifying violence, or inhuman,
   b) calls for criminal offenses or approves of them,
   c) contains pornography or violates youth protection laws,
       or
   d) violates personal rights and/or copyrights of third parties,
   is impermissible.
3. The User must not use software or other technical devices that alter, extend, or jeopardize the proper functioning of the SERVICE. In particular, the User must not attempt to access the SERVICE by technical means other than those provided, duplicate the software, or create their own separate applications or software.
4. The User is obliged to configure their systems and programs (e.g. sufficient protection against computer viruses, especially their spread) in such a way that neither the security, integrity, nor availability of the systems used by the provider to perform its services are impaired.
5. If the User suspects that their access credentials have become known to a third party or that a third party is using the User's access to the SERVICE without authorization, the User is obliged to inform CAI immediately.
6. If CAI has specific reasons to believe that the User is using the SERVICE contrary to the provisions of this contract or other contractual agreements between the parties, or that an unauthorized third party is accessing the SERVICE without authorization using the User's credentials, CAI is entitled to block the User's access to the SERVICE until the matter is clarified. Except in cases of imminent danger, CAI will give the User the opportunity to comment before taking such action. The User remains obligated to pay the agreed remuneration during the suspension period unless the User was not responsible for the circumstances leading to the block.
7. The User indemnifies CAI against all third-party claims and compensates CAI for all damages incurred by CAI due to an illegal or breach-of-contract use of the SERVICE, unless the User proves that they are not responsible for the respective infringement. Reimbursable damages also include reasonable costs of legal defense incurred by CAI in defending against third-party claims. CAI will, however, inform the User immediately of any legal defense measures to be taken. CAI may only conclude settlements in such disputes with third parties after consultation with the User. Otherwise, CAI shall bear all costs of the dispute itself.

5. Limitation of Liability

1. CAI shall only be liable to the user for damages caused intentionally or through gross negligence. This shall not apply to the extent that essential contractual obligations are breached by CAI. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
2. In the case of slight negligence, CAI's liability for financial loss regarding indirect damages, in particular consequential damages, unforeseeable damages, or atypical damages, as well as lost profits, is excluded. Liability in the case of slight negligence is limited to a maximum of the user's annual remuneration, and in the case of gross negligence to a maximum of twice the user's annual remuneration.
3. Any legally mandated strict liability of CAI—in particular liability under the Product Liability Act as well as statutory guarantee liability—shall remain unaffected by the foregoing limitations of liability. The same applies to CAI's liability for culpable injury to life, body, or health.
4. The limitations and exclusions of liability pursuant to Sections 5.1 to 5.3 shall also apply to the personal liability of CAI's employees, staff, representatives, corporate bodies, and vicarious agents, insofar as claims are asserted against them directly.
5. CAI's strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1) of the German Civil Code (BGB) is expressly excluded.

6. Changes to the Terms of Use

CAI reserves the right to amend these Terms of Use at any time with effect for the future, provided there is a valid reason. Such a reason exists in particular in the event of changes in legal regulations, supreme court jurisprudence, technical developments, the integration of new login and distribution channels (e.g. Microsoft Marketplace, App Stores), or the expansion of our scope of functions.

Amended Terms of Use will be made known to the User at the latest upon their next login within the application or in text form (e.g. via email). The changes are deemed accepted by the User if they agree to the updated Terms of Use upon login or continue to use the SERVICE after notification. Relevant changes will be appropriately highlighted to the User during the login process.

7. Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention (CISG). If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be Karlsruhe.

Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.