General Terms and Conditions for the Subscription and Use of droidcon Academy
Last updated: February 2025
1. Parties
- 1.1 "Mobile Seasons" / "We" / "Ours" refers to Mobile Seasons GmbH, a company incorporated in Germany, located at Messedamm 22, 14055 Berlin, Germany. Mobile Seasons is the owner of droidcon Academy (as defined below).
- 1.2 “Client” refers to the person or company who enters into the Agreement with Mobile Seasons about the Subscription to droidcon Academy.
- 1.3 "Permitted User" refers to a person who under the Agreement has been granted the right to access the droidcon Academy and to participate at Our Codelabs as well as to make use of Our Learning Content.
- 1.4 Mobile Seasons, Client and Permitted User are also referred to jointly as "Parties" or individually as "Party".
2. Scope and Definitions
- 2.1 These General Terms and Conditions for the Subscription and Use of droidcon Academy (“General Terms and Conditions”) shall govern the purchase of a Subscription (as defined below) to droidcon Academy and apply to the participation at Our Codelabs as well as the use of Our Learning Content.
- 2.2 Any conflicting, deviating or supplementary terms and conditions of purchase or business or other declarations by the Client and/or the Permitted User shall not apply unless We expressly agree to their validity. These General Terms and Conditions shall also apply if We provide Codelabs, Learning Content or other droidcon Academy related facilities and services without reservation in the knowledge of conflicting or deviating conditions or declarations on the part of the Client and/or the Permitted User.
- 2.3 Unless stated otherwise, the terms of these General Terms and Conditions shall have the meanings as follows:
- "my profile" means the account of each Permitted User to manage its participation at Codelabs and the use of Learning Content as well as any other subscription related information;
- “Bundle Subscription” means a subscription plan offered to Client as part of a bundle offer, e.g. as part of the droidcon membership.
- "Codelabs" are online courses for mobile developers that will be presented either in a video format or in a written eBook format.
- "Code of Conduct" means the rules and regulations governing the use and behaviour of as well as any interaction and communication between Client, Permitted User, Course Instructor and any other third party within droidcon Academy;
- "Consumer" means any Client who as natural person enters into a legal transaction for purposes that predominantly are outside his trade, business or profession;
- "Course Instructor" means a person who is assigned by Mobile Seasons to design and provide Codelabs and other Learning Content to Permitted Users;
- "droidcon Academy" means the online e-learning plattform embedded on the Website (as defined below) for mobile developers;
- "Facilities" means collectively any online facility, tool, service and/or information that We make available within the droidcon Academy either now or in the future;
- "Intellectual Property Rights" means copyrights and industrial property rights, such as the right to one's own image as well as name, title, trademark and other ancillary copyrights;
- "Learning Content" means the learning resources provided to Permitted User including but not limited to eBooks, Codelabs, quizzes, and practical exercises.
- "Learning Materials" means documents, codes, e-books, videos and other learning material provided by Course Instructor either before a course starts or at a later stage;
- "Multiple Seat Account” means the online account of the Seat Manager and other Permitted User added by Seat Manager under a Team Subscription.
- "Payment Information" means any details required for a paid subscription. This includes, but is not limited to, credit card numbers, bank account numbers and sort codes;
- "Permitted User Results" means all content generated by Permitted User as part of the Services and as a result of the use of the Service, Facilities or any other part of the System by Permitted User, including but not limited to reports, presentations, videos, websites, web pages, graphics, text, blog posts, quotes, potential names/trademarks, research, configurations, and audio recordings;
- "Promo Code" means a monthly or annual Subscription at a discounted rate;
- "Seat Manager" means the representative of the Client who manages the access of Permitted User under the Client ́s Subscription;
- "Statements, Information and Content" means all statements, information and content as well as posts, comments, links that Permitted User sends, posts, shares or otherwise communicates within the droidcon Academy;
- "Subscription" means the subscription plan to droidcon Academy;
- “Subscription Fee” means the remuneration for the Subscription selected by Client;
- "Subscription Period" means the agreed period in which Permitted User is allowed to access the droidcon Academy and make use of the Learning Content and other Facilities under the selected Subscription;
- "System" means any online communication infrastructure that We make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “Trial Subscription” means free access, or a trial or evaluation subscription provided to Client; “Trial Period” means the period of a Trial Subscription;
- "Agreement" means the contractual relationship entered into by and between the Client and Us
- regarding the access to droidcon Academy and the use of Learning Content;
- "Web Content" means any text, graphics, images, audio, video, software, data compilations and any other form of data capable of being stored in a computer that appears on or forms part of the droidcon Academy;
- "Website" means the website academy.droidcon.com and any subdomains of this site (e.g. subdomain.yourschool.com) which are owned by Us;
3. Conclusion of Agreement
- 3.1 The conclusion of the Agreement together with the acceptance of these General Terms and Conditions is a prerequisite for the Subscription to droidcon Academy and the use of any Learning Content.
- 3.2 The legally binding Agreement shall come into effect once the Client has been successfully subscribed to droidcon Academy and/or by accessing and/or using the droidcon Academy and its Facilities.
- 3.3 Any person or company that receives a Trial Subscription to droidcon Academy is deemed Client under these General Terms and Conditions and is subject to the restrictions and limitations for a Trial Subscription (see below Sections 7.4 to 7.7).
- 3.4 By subscribing to droidcon Academy, the Client hereby confirms that it has the legal capacity and the necessary authorization to enter into a binding Agreement with Us.
- 3.5 Under a corporate subscription the Seat Manager may allow further team members to be added as Permitted Users to droidcon Academy, provided that the Client remains responsible for the compliance of each Permitted User with these General Terms and Conditions.
4. Review of Terms and Conditions
- 4.1 We will reserve Our right to review and amend these General Terms and Conditions from time to time. In this case, the Client will be informed of any significant changes in good time. If the Client does not agree to the changes, the Client is entitled to terminate this Agreement. In this case, the Account of each Permitted User under the terminated Subscription will be deleted. Please see also Section 17.4 of these General Terms and Conditions.
- 4.2 Continued use of the droidcon Academy and its Learning Content following the amendment of these General Terms and Conditions will constitute Client ́s acceptance to the updated terms and conditions as of the date they become effective.
- 4.3 Client is solely responsible to inform any Permitted User that has access to the droidcon Academy under the Agreement with Us about the latest version of these General Terms and Conditions.
5. Account, Representations and Warranties
- 5.1 To procure Learning Content and to make use of the Facilities of droidcon Academy, each Permitted Users will be registered by creating a “my profile” account. This shall also apply to Permitted User under a Multiple Seat Account as well as to Clients who have access to droidcon Academy under a Trial Subscription.
- 5.2 Each Permitted User can amend its data as shown under my profile at any time.
- 5.3 With my profile, each Permitted User represents and warrants that
- 5.3.1 all information presented are accurate and truthful and that Permitted User is registered with its full and correct name and with a valid email address;
- 5.3.2 Permitted User will keep this information accurate and up-to-date;
- 5.3.3 Each Permitted User who receives access to droidcon Academy and makes use of the Learning Content complies with these General Terms and Conditions, statutory stipulations as well as the Code of Conduct (Annex 1);
- 5.3.4 Each Permitted User takes all necessary and required precautions in order to prevent any unauthorised access to droidcon Academy and use of the Learning Content by third parties;
- 5.4 Permitted User shall immediately notify Us of any unauthorized access to or use of its Account. Please notice that any unauthorized orders or payments can only be cancelled up to the moment the services have been commenced.
- 5.5 If a Permitted User is registered by a Seat Manager, the representations and warranties as well as other obligations of the Permitted User shall also apply to the Seat Manager.
6. Age Restrictions
Persons under the age of 18 should use droidcon Academy only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
7. Subscriptions, Cancellation
- 7.1 Client may choose between an individual subscription and a corporate subscription to droidcon Academy. In case of an individual Subscription, Client may further choose between a monthly or an annual subscription plan, whereas a corporate subscription shall only come with an annual subscription plan. The Subscription to droidcon Academy begins once the Client receives a subscription confirmation note.
- 7.2 If the Client choses a monthly subscription plan, the Subscription will automatically renew each month until Client cancels the Subscription by giving written notice of cancelation to Us at least 15 days before the end of the monthly term.
- 7.3 In case of an annual subscription plan, the Subscription will automatically renew for another 24 months unless the Client cancels the Subscription by giving written notice of cancelation to Us at least 30 days before the end of the annual term.
- 7.4 If Client makes use of a Promo Code, the Subscription will be limited to a one-time use and shall be extended at our standard rate.
- 7.5 If Client receives Trail Subscription to droidcon Academy, then Client may use the droidcon Academy and the Learning Content provided therewith in accordance with these Terms and Conditions and within the designated Trial Period.
- 7.6 Any Trial Subscription is solely permitted for Client’s use to determine whether to purchase a full subscription to droidcon Academy.
- 7.7 At the end of the Trial Period, the Trial Subscription will expire, and Client will have the option to purchase a full subscription to the droidcon Academy. Mobile Seasons has the right to terminate a trial Subscription at any time for any reason.
- 7.8 In case of a Subscription Bundle, the cancelation of the subscription plan shall not affect the obligations under the bundle agreement.
8. Prices, Payment
- 8.1 The different prices of the Subscription Fee will be displayed at the Website when selecting the Subscription. Only the prices quoted on the Website at the time of purchasing the Subscription shall apply. Mobiles Seasons reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
- 8.2 All prices are displayed without any applicable statutory value added tax.
- 8.3 Unless otherwise agreed, Client must pay the Subscription Fee by the means of payment method chosen in advance (credit card). The payment of the Subscription Fee is due immediately and without deduction upon the receipt of the Subscription confirmation note or the corresponding invoice. Partial or instalment payments are not permitted, unless otherwise agreed by Us.
- 8.4 Regarding a monthly Subscription, Mobile Seasons may change the monthly rate of the Subscription Fee during the one-month term, giving the Client the option to cancel the Subscription within 15 days after being informed by Us about the changes. The continued use of Learning Content following the 15-day-termination-period will constitute Client ́s acceptance to the amended Subscription Fee as of the date they become effective.
- 8.5 If the applicable VAT or GST rate (or other included tax or duty) changes during the one-month term, Mobile Seasons will accordingly adjust the tax-inclusive price for the Subscription on the next billing date.
- 8.6 Payment in due time is a prerequisite for the access to droidcon Academy and the use of Learning Content. If the payment fails, Mobile Seasons reserves its right to cancel any provision of any services to the Client as well as to deny access to the droidcon Academy until the payment has been recognized by Us as well as to assert further claims as well as to suspend the Subscription with immediate effect. Any Permitted User will thereby lose its right to use Learning Content. Mobile Seasons will not be liable for any costs, losses or damages incurred by the Client and/or Permitted User.
9. Learning Content
- 9.1 Once the Subscription has been confirmed or the Agreement has been otherwise concluded, Mobile Seasons provides access to droidcon Academy and sends log in details to the Permitted User or, if applicable, to the Seat Manager. Permitted User must be logged in to make use of the Learning Content. If the use of the Learning Content does not comply with rules of these General Terms and Conditions, Mobile Seasons reserves its right to refuse access to droidcon Academy and the Learning Content temporarily or permanently.
- 9.2 We will use all reasonable endeavors to provide the Learning Content with reasonable skill and care, commensurate with best trade practice.
- 9.3 Client and each Permitted User understand that within the droidcon Academy links and other references to external websites, platforms and/or the integration of offers of external social media service providers (e.g. YouTube, Twitter, Vimeo, LinkedIn) might be made available, displayed, integrated or shared by a Course Instructor and/or other Permitted User. In this case the content, availability and/or function as well as the terms of use of these external links are not controlled by Us. Therefore, We are not responsible or liable for the content, availability and/or function of any third party. Any external references are subject to the terms of use of any third party and may be changed and/or discontinued by the third party without Our knowledge.
10. Right of Withdrawal for Consumers
If Client is a Consumer, the following statutory right of withdrawal applies:
INFORMATION ON THE RIGHT OF WITHDRAWAL
Right of Withdrawal
Client has the right to withdraw from this Agreement within fourteen (14) business days without giving reasons.
The withdrawal term shall be fourteen (14) business days starting at the date of the conclusion of this Agreement (see Section 3 of these General Terms and Conditions).
To exercise Client ́s right of withdrawal from the Agreement, Client must inform Us (Mobile Seasons GmbH, Messedamm 22, 14055 Berlin, Germany, global@droidcon.com) through explicit notice (e.g. letter sent by ordinary mail, or email) about Client ́s decision to withdraw from this Agreement. Client may use the withdrawal form which is enclosed hereto as Annex 2 but this is not required.
To meet the deadline for withdrawal, it shall be sufficient that Client send away the notice on the withdrawal of this Agreement prior to expiry of the withdrawal deadline.
Effects of Withdrawal Right
If Client withdrawal from this Agreement, We will refund to Client all payments that We have received from Client including the costs of delivery (except those incremental costs that have been caused by Client ́s selection of a delivery mode different from the cheapest standard mode offered by Us) immediately, however, no later than by fourteen (14) days after the date at which We have received your notice of withdrawal from this Agreement. For such refund, We shall use the same payment method that Client has used for payment of the original transaction unless We have expressly agreed otherwise with Client; in no event, We will change any fees for the refund. We may refuse the refund until We have received the product back or Client hast proved that Client has returned the product, whichever is the earlier.
Client must immediately, in any case no later than fourteen (14) business days after the date at which Client has notified us on Client ́s wish to withdraw from this Agreement, return the goods to Us. To meet the deadline, it shall be sufficient that Client send away the products prior to expiry of the deadline.
We will cover the costs of the return of the product. Client shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.
If Client has expressly demanded that We shall begin with the performance of the Services prior to expiry of the withdrawal period, Client should pay Us a compensation for the value of the performance provided until the date Client has notified us about Client ́s wish to withdraw from this Agreement. This compensation obligation shall not apply in the case of the delivery of digital contents not stored on any storage device (e.g. displaying of pre-recorded Content that Permitted User may stream).
Forfeiture of the Withdrawal Right
The right of withdrawal shall forfeit if We have completely provided the Services and began with the performance of the service only after Client had given us Client ́s express consent thereto and concurrently acknowledged that Client would lose the right to withdraw from the Permitted User Agreement once We have fully performed the contract.
The withdrawal right shall also forfeit regarding the delivery of digital contents not stored on any storage device (e.g. displaying of pre-recorded Content that Permitted User may stream) if We have started with execution of this Agreement after Client (i) shall have expressly consented to start of execution prior expiry of the withdrawal deadline and (ii) Client has confirmed to be aware that through your approval at the start of execution of this Agreement Client will forego Client ́s right of withdrawal.
END OF INFORMATION ON THE RIGHT OF WITHDRAWAL
11. Availability, updates and changes with the droidcon Academy and the Features
- 11.1 According to the following Sections 11.1 to 11.9 of these General Terms and Conditions Mobile Seasons undertakes to ensure the availability of the droidcon Academy, the Learning Content and the Facilities during the Subscription Period as well as to make adequate efforts and take measures to continuously improve the Learning Content and Facilities as well as to adjust these Services to the requirements and needs of each Permitted User. In the event that Learning Content and other Facilities may not be provided to the agreed date and time, Mobile Seasons and/or the corresponding Course Instructor will inform Permitted User in due time.
- 11.2 Mobile Seasons will carry out the required updates, which are necessary for maintaining the contractual conformity of the droidcon Academy and Facilities. The Permitted User will be informed of any updates, in particular release statuses and function changes.
- 11.3 Mobile Seasons shall provide the Learning Content and Facilities in accordance with the technical standards normally to be expected for this type of service and with due care. However, the Permitted User is aware that, given the state of the art, it is not possible to provide completely error-free services in the field of digital media and thus to ensure unrestricted availability. In particular, there is no fault in the provision of the droidcon Academy, the Learning Content, Facilities or any other part of the System at least if the fault or malfunction is caused by the use of unsuitable display software and/or hardware (e.g. browser) on the part of the Permitted User.
- 11.4 Mobile Seasons does not guarantee the permanent and uninterrupted availability of the droidcon Academy, the provision of the Learning Content and/or of the Facilities offered under this Agreement. Mobile Seasons aims to achieve an average availability of the droidcon Academy, the Learning Content and the Facilities of 95% in relation to the agreed Subscription Period. Availability within the meaning of this Section 11.4 is calculated – subject to the provisions of Section 11.5 – as follows:
- 11.4.1 Availability = Actual Time/Target Time * 100%
- 11.4.2 Actual time = total time – total downtime
- 11.4.3 Target time = total time
- 11.5 When calculating the total downtime according to the aforementioned Section 11.4 the following times will not be taken into consideration:
- 11.5.1 Periods of non-availability due to internet disruptions beyond Mobile Seasons' control or due to other circumstances beyond Mobile Seasons' control, in particular circumstances as a result of an epidemic or pandemic (such as Covid-19) or due to justified exceptional situations (for example "force majeure");
- 11.5.2 Periods of non-availability because of scheduled maintenance work on the System or on the droidcon Academy or on the Facilities;
- 11.5.3 Periods of unscheduled maintenance work that is absolutely necessary in order to eliminate malfunctions and errors (the Permitted User will be informed of this, if possible, by a notice on the droidcon Academy or via email);
- 11.5.4 Periods of unavailability due to the fact that the technical requirements to be provided by the Permitted User for the access to the droidcon Academy are temporarily not met, e.g. in the event of hardware malfunctions on the part of the Permitted User.
- 11.6 Should the availability of the droidcon Academy and thus the Learning Content and Facilities be temporarily not possible or limited, which is due to circumstances, for which Mobile Seasons is not responsible, in particular owing to an interference to the communication networks of other operators or by a computer failure at third parties (e.g. other providers) or by incomplete and/or non-updated offers on intermediate storage devices (so-called proxies), claims for damages against Mobile Seasons are excluded. In all other respects, the limitations of liability set out in Section 16 of these General Terms and Conditions shall apply.
- 11.7 In the event that the droidcon Academy is unavailable and/or the quality of the Learning Content is inadequate, for which Mobile Seasons is responsible, the Permitted User shall be entitled to a fault-free replacement service, but only to the extent of the missing or impaired use of the Learning Content. Should this form of subsequent performance fails or deemed to be unreasonable, the Permitted User may withdraw from the Agreement without asserting any further claims (e.g. for losses and/or damages). Mobile Seasons' limitations of liability apply in accordance with the provisions of Section 16 of these General Terms and Conditions.
- 11.8 Notification of defects by the Permitted User for identifiable defects or non-performance must be made in writing (text form is sufficient, e.g. by e-mail) to Mobile Seasons (global@droidcon.com) within fourteen (14) business days of provision of the Services. If notification is not made within the aforementioned period, the warranty rights shall lapse. This does not apply if Mobile Seasons has fraudulently concealed the defect or has given a guarantee for the quality of the item or the success of the Services. If Permitted User is a Consumer, the responsibility to report defects shall not apply.
- 11.9 Mobile Seasons is entitled to make changes to the droidcon Academy, the Learning Content, Facilities and/or any other part of the System if the changes are necessary for technical, legal or Permitted User-oriented reasons, in particular for the following purposes:
- 11.9.1 Installation of security updates;
- 11.9.2 Updates to the Learning Content, Facilities or any other part of the System, which are necessary for retaining the condition as per Agreement;
- 11.9.3 Replacement of existing functions or deactivation of functions, which no longer correspond with the state of technology or no longer with the usage behavior;
- 11.9.4 Implementation of new product releases and Learning Content, which serve the function retention and/or extension or
- 11.9.5 Implementation of legal requirements (e.g. due to the European General Data Protection Regulation (EU GDPR)).
- 11.10 The Permitted User will be informed about the changes either via notification at the Website or via email.
- 11.11 Mobile Seasons is not a storage service. The Permitted User agrees that Mobile Seasons is not obliged to store, retain or provide the Permitted User with a copy of Statements, Information and Content that the Permitted User has made available to the Course Instructor or other Permitted Users, unless this is required by applicable law and noted in Mobile Seasons ́ data protection statement.
12. Permitted User obligations
- 12.1 The Permitted User is solely responsible for the provision and maintenance of all technical equipment required for access to and use of the Learning Content and Facilities at droidcon Academy, in particular hardware, operating System, Internet connection and up-to-date browser software.
- 12.2 The Permitted User is obligated not to share their access details with any third party and to protect these against access by any third party. The Permitted User is liable for any misuse of the Account for which Permitted User is responsible. This shall also apply to the Seat Manager who controls and manages the accounts of his team members.
- 12.3 The Permitted User hereby agrees to respect the rights of other Permitted User, Course Instructor and any other third party, including those of Mobile Seasons. In particular, the Permitted User is therefore not permitted:
- 12.3.1 to use the information and content that Permitted User received from other Permitted User, Course Instructor or any other third party while using the droidcon Academy for any commercial purpose unless Permitted User has received explicit consent by the person who has revealed the information and content to Permitted User;
- 12.3.2 to send, post or otherwise share data which, in particular by its type, nature, size or number, is capable of damaging or blocking the entire IT infrastructure of the Website and/or computers of other third parties, or of spying on or damaging data contained therein (e.g. by means of viruses, Trojans, spam e-mails);
- 12.3.3 to take actions or distribute content in connection with the use of the Learning Content that violate the rights of third parties (e.g. copyrights, trademark rights, personal rights or data protection rights) or violate applicable legal provisions, in particular the applicable criminal laws, provisions for the protection of minors, data protection laws or regulations under competition law.
- 12.4 The Permitted User agrees to comply with the Code of Conduct and to refrain from any violations thereof.
13. Announcement and notification
- 13.1 The Permitted User agrees that Mobile Seasons may provide the Permitted User with notices and messages in the following ways:
- 13.1.1 within the Facilities (e.g. in the chat function area);or
- 13.1.2 to the e-mail address stored in my profile account;
14. Sharing of Statements, Information and Content
- 14.1 During Codelabs or other e-learning sessions Permitted User may transmit, exchange or otherwise share Statements, Information and Content with other Permitted Users, Course Instructor, Mobile Seasons, or any other third party. Statements, Information and Content, including personal data, which Permitted User transmits or shares or otherwise communicates may be observed by other Permitted Users, Instructor, Mobile Seasons or any other third party. The Permitted User is responsible for the Statements, Information and Content shared with other Permitted Users, Course Instructor and Mobile Seasons as well as for the method chosen to share the statements, information and content, and for obtaining the necessary authorizations and ensuring that the Permitted User may lawfully transmit or share such Statements, Information and Content.
- 14.2 Mobile Seasons is entitled to remove Statements, Information and Content with or without prior notification.
- 14.3 All Statements, Information and Content must comply with the Code of Conduct.
15. Intellectual Property Rights
- 15.1 The Intellectual Property Rights with regard to Learning Content and Learning Materials belong to and remain with the Course Instructor and/or its licensors.
- 15.2 The Intellectual Property Rights with regard to the droidcon Academy and related products provided on the Website are hold by Mobile Seasons. Insofar as Permitted User creates or acquire Intellectual Property Rights as a result of the use of the Learning Content (hereinafter referred to “Permitted User Results”), Permitted User hereby agrees to transfer the Intellectual Property Rights as soon as Permitted User creates or acquires these Intellectual Property Rights, and insofar as, any transfer is legally not permissible, Permitted User will grant Mobile Seasons a simple, exclusive, transferable and sub-licensable, worldwide right of use for the Permitted User Results. By transferring the Intellectual Property Rights to Mobile Seasons under this Section 15.2 of these General Terms and Conditions, Mobile Seasons is entitled to use, edit, reproduce, disseminate and make the Permitted User Results available to the public, as well as to process technically to the extent necessary for the provision of the Services, and to integrate and display the Permitted User Results on the Website, the droidcon Academy and/or in any other medium, without further consent of the Permitted User and without further notification and/or obligation to pay a license fee to the Permitted User or a third party.
- 15.3 Except as expressly provided in these General Terms and Conditions, Permitted User does not acquire any Intellectual Property Rights in the Learning Content, Learning Materials, droidcon Academy, or software. Permitted User hereby agrees that it will not rent, lease, sublicense, lend, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works as part of the Permitted User Results or any part of the Services and will not distribute the Permitted User Results in whole or in part (except as described in these General Terms and Conditions), use, reproduce or trade in it, unless it has equivalent statutory rights, which are not mandatory.
- 15.4 Mobile Seasons agrees to grant Permitted User a limited, non-exclusive, non-transferable, revocable license to use the Permitted User Results solely for the use of Learning Content within the permitted scope under these General Terms and Conditions.
16. Exclusion and limitation of liability
- 16.1 Mobile Seasons makes no representations or warranties with respect to the droidcon Academy and the Learning Content and make no representation that the droidcon Academy, the Learning Content and/or the Facilities will operate uninterrupted or error-free. The droidcon Academy, the Learning Content and Facilities are provided "as is" and "as available".
- 16.2 Mobile Seasons shall be liable for damages caused intentionally or through gross negligence by Mobile Seasons, its legal representatives, executive employees or vicarious agents, irrespective of the legal grounds.
- 16.3 Mobile Seasons is liable for damages in the event of simple negligence, subject to statutory limitations of liability (for example, care in its own affairs), only
- 16.3.1 for damage resulting in fatal or physical injury or damage to health;
- 16.3.2 for damage arising from the breach of an essential contractual obligation. "Essential contractual obligations" are those obligations, the fulfillment of which renders the proper implementation of this Agreement possible at all and on the compliance with which the respective other Party may rely on as a rule. In the event of a breach of essential contractual obligations, Mobile Seasons' liability for damages in cases of simple negligence shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.
- 16.4 To the extent that liability on the part of Mobile Seasons is ruled out or limited, this also applies to the employees, management staff, vicarious agents and legal representatives of Mobile Seasons.
- 16.5 The above exclusions and limitations of liability do not apply in the case of negligent injury to life, limb or health of persons, the express warranty of characteristics and in the case of liability under the German Product Liability Act [Produkthaftungsgesetz] and shall apply without prejudice to mandatory statutory provisions under the applicable data protection law.
- 16.6 With the exception of claims resulting from Section 16.5 of General Terms and Conditions, claims for damages by the Permitted User, for which liability is limited according to Section 16 of these General Terms and Conditions, shall become statute-barred after one year, calculated from the start of the statutory limitation period. If Permitted User is Consumer who has acquired a digital product (provision of digital contents or digital services) against payment of a price or with which the Permitted User provides personal data or undertakes to provide such data (and which are not exclusively processed by Mobile Seasons in order to fulfill its service obligation or a legal obligation), a statute of limitations of two years shall apply beginning with the provision of the digital product.
17. Duration and termination of the Agreement
- 17.1 This Agreement is effective as of the date Client receives a subscription confirmation note and expires on the date of expiration or cancelation of the Subscription.
- 17.2 Furthermore, this Agreement may be terminated by each Party for good cause. Good cause for Mobile Seasons exists in particular, but is not limited to the following cases:
- 17.2.1 Client and/or Permitted User is in breach of any provision of these General Terms and Conditions under this Agreement (including non-payment) and fails to cure such breach within fourteen (14) business days upon the date Permitted User has received notification of such breach by Mobile Seasons. In this case, Mobile Seasons is entitled to cease any access to the account and to suspend the provision of any services;
- 17.2.2 A significant deterioration occurs or threatens to occur in the financial condition of the Client which jeopardize the fulfillment of Client ́s obligations;
- 17.2.3 Client and/or Permitted User takes any unauthorized action with respect to the Intellectual Property Rights;
- 17.2.4 Client and/or Permitted User makes any representation or warranty that proves to be incorrect;
- 17.2.5 Client and/or Permitted User violates the terms of the Code of Conduct.
- 17.3 If a Party terminates or cancels the Agreement governed the General Terms and Conditions,
- 17.3.1 the Materials and Software shall be returned to Mobile Seasons;
- 17.3.2 destroy all copies of the Software, including software stored on hard drives of any computer under Permitted User's control; and
- 17.3.3 immediately stop using the Learning Content and droidcon Academy.
- 17.4 If the Agreement is terminated any Account related to the terminated Subscription will be erased.
18. Offsetting, Assignment
- 18.1 The exercise of a right to refuse performance or a right of retention by the Client shall be excluded, unless Permitted User's claim has been legally established or is undisputed.
- 18.2 The aforementioned exclusion of the right of retention shall not apply, if Client is Consumer.
19. Online dispute resolution platform
- 19.1 The European Commission provides a platform for online resolution of disputes out of court (ODR platform). This platform can be accessed here. The contact details of Mobile Seasons, including the email address, can be found in the legal notice of Mobile Seasons.
- 19.2 Mobile Seasons is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
20. Place of performance, place of jurisdiction, applicable law, severability Section
- 20.1 The place of performance and place of jurisdiction for all disputes arising in connection with this Agreement is Berlin (Germany) if the Client is a merchant as defined in German law (Kaufmann), a legal entity existing under public law, or a public-law special fund or if the Client does not have a general place of jurisdiction in the Federal Republic of Germany.
- 20.2 German law applies on an exclusive basis to all disputes arising from or in connection with the Agreement and these terms of use and/or the use of the event platform and features, irrespective of the legal basis, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- 20.3 Should individual Sections of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions of these terms of use or of the existing Agreement with Mobile Seasons. The Parties undertake to replace the invalid provisions with other valid provisions that correspond as closely as possible to the economic purpose of the invalid provisions.
Annex 1 Code of Conduct
All attendees, speakers, sponsors and volunteers at our conferences around the globe as well as members of our online community at www.droidcon.com are required to follow & uphold the following code of conduct and demand its enforcement if necessary.
Organizers and platform administrators are permitted and required to enforce the following Code of Conduct as the host throughout all events and as community leaders online. We are expecting cooperation from all participants to help ensure a safe environment for everybody.
We uphold our Values: sharing information, collaboration, personal freedom and trust
We live an open tech culture
We welcome helpfulness, respect and a positive attitude towards others
We reject disrupting behaviour
If You Witness or Are Subject to Unacceptable Behavior, say something
We act on disruptive Behaviour
We address and review your grievances fairly
Further Note
Organizers and platform administrators are permitted and required to enforce the following Code of Conduct as the host throughout all events and as community leaders online. We are expecting cooperation from all participants to help ensure a safe environment for everybody.
We uphold our Values: sharing information, collaboration, personal freedom and trust
Our community and the conferences are built on a foundation of sharing information, collaboration, personal freedom and trust. A primary goal of all the conferences and user groups that refer to this Code of Conduct is to be inclusive to the largest number of contributors, with the most diverse backgrounds. As such, we are committed to providing a friendly, safe and welcoming environment for everyone, regardless of gender, sexual orientation, ability, race, ethnicity, socioeconomic status, appearance, age and religion (or lack thereof). Furthermore, we trust that information shared in this space, be it personal data, bits of code or new (business) ideas will not be exploited, stolen, used against any individual or used commercially in any way without their consent.
This Code of Conduct outlines our expectations for all those who participate in our community, as well as the consequences for unacceptable behaviour.
This community is a safe space
This community is a safe space for those who feel vulnerable in public, at work or in the digital realm for any reason, generally or in a momentary situation. Thus we will support those in emotional or physical pain, alleviate uncomfortable situations, provide relief, actively help wherever possible and deny community access to those who wish to harm any community member in any way.
We invite all those who participate in our events and in our online community to help us in creating safe and positive experiences for everyone.
Violations of this code can, among other things, lead to immediate expulsion from the community. In extreme cases of violation that coincide with breaking local law, Mobile Seasons GmbH and their business partners reserve the right to take legal action.
Please check the following links for our data privacy policy:
https://www.berlin.droidcon.com/data-protection/
https://fluttercon.dev/data-protection/
https://fluttercon.dev/data-protection/
We live an open tech culture
A supplemental goal of this Code of Conduct is to increase open tech culture by encouraging participants to recognize and understand short and long-term cause and effect of social interactions within our community and strengthen the incentives for and the interest in positive social & communal action. Communities mirror the societies they exist in. Positive action is essential to counteract any form of inequality and abuse of power within that society. All community members should encourage behaviour that is consistent with our values and discourage that which is not.
If you see someone who is making an extra effort to ensure our community is welcoming & friendly and encourages all participants to contribute to the fullest extent, we want to know.
We are welcoming towards guests and new members
Do you remember what it was like when you were new here? This community with its many experienced experts can be intimidating for new people. They can feel like they are not up to the community standard. Be welcoming and ask new members a question or two to get the conversation going.
We encourage newbies to get to know us, share their skills and to learn & grow with our support.
We welcome helpfulness, respect and a positive attitude towards others
We welcome community members who participate in an authentic and active way. In doing so, you contribute to the health and longevity of this community. Always be considerate and respectful in your communication and actions. If coming across different opinions, collaborating towards a solution is usually a better way to untangle a situation than starting a conflict. Understand your opposite and agree to disagree rather than standing your ground – a multitude of opinions enriches the community. Refrain from demeaning, discriminatory, or harassing behaviour and speech.
Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential.
We encourage inclusive language
We encourage inclusive language
If expressions like “Hey Dudes!” or “Hey Girls!” are used to address a diverse group, some people may feel excluded or belittled. Be exclusive and respectful in your language. This includes, for example, using the pronoun “they” in English if the gender of the person or group addressed or mentioned is not known. As for addressing a crowd, “folks” is always a good way to go but we do encourage (respectful) creativity here.
We ask for Consent
While asking for consent and respecting any answer is self-evident for sexual conduct, this rule also applies to other areas in our community, such as using others’ personal property, giving public statements about others, drawing public attention on (staging) an individual, sharing personal information and prolonged one-sided social contact. This rule applies both offline and online (i.e. conference stages and social media).
We reject disrupting behaviour
We reject disrupting and harmful behaviour towards others and towards the community, any community member is encouraged to do the same and inform a community leader if disruptive behaviour is observed. If disruptive behaviour is observed, community leaders will take action to ensure its termination. Disruptive behaviours include: intimidation, harassment, physical or mental abuse, any kind of discrimination, hate speech & continuous disruptive actions in discord with the community values.
This applies to actions by any participant in our community online, at all related events and in one-on-one communications carried out in the context of community business. Community event venues may be shared with members of the public; please be respectful to all patrons of these locations.
Discrimination includes: harmful or prejudicial verbal or written comments related to gender, sexual orientation, race, religion, disability; inappropriate use of nudity and/or sexual images in public spaces (including presentation slides); deliberate intimidation, stalking or following; harassing photography or recording; sustained disruption of talks or other events; inappropriate physical contact and unwelcome sexual attention.
We will not tolerate self-administered justice
We will not tolerate self-administered justice
While we encourage community members to uphold and live our values, we draw a line at taking matters into your own hands. If you see someone who is ignoring our rules or acting against them, we encourage any community member to speak up and ask the offender to stop. If no community leader is available to intervene with the situation getting dangerous or unbearable for another person, we do encourage community members to intervene appeasingly with the intent to mitigate the situation – yet we oppose self-inflicted justice.
If You Witness or Are Subject to Unacceptable Behavior, say something
If you are subject to or witness unacceptable behaviour or have any concerns about the community and its rules, please notify a member of the organizer team as soon as possible. You can find the contact to the organizers team responsible for the implementation of the code of conduct at the bottom of this page. Additionally, organizers are available to help community members engage with local law enforcement or to otherwise help those experiencing unacceptable behaviour feel safe. In the context of in-person events, organizers will also provide escorts as desired by the person experiencing distress.
We act on disruptive Behaviour
Unacceptable, disruptive behaviour from any community member, including sponsors and those with decision-making authority, will not be tolerated. If a community member is warned to stop their disrupting behaviour, they are expected to comply immediately.
If a community member engages in disruptive behaviour, the community organizers may take any action within the bounds of law, including a temporary ban or permanent expulsion from the community without
warning (and without refund in the case of a paid event). In extreme cases that coincide with breaking the law, Mobile Seasons GmbH and their business partners reserve the right to take legal action.
We address and review your grievances fairly
If you feel you have been falsely or unfairly accused of violating this Code of Conduct, you should notify one of the event organizers with a concise description of your grievance. Your grievance will be handled in accordance with our existing governing policies.
Scope
We expect all community participants (contributors – paid or voluntary, sponsors and guests) to abide by this Code of Conduct at all our events & online and in all communications pertaining to the community business.
Further Note
Please note that our company Mobile Seasons GmbH is part of the Messe Berlin group of companies. This group has its own Code of Conduct, which also applies to us. If you are interested, you can read it here.
https://www.messe-berlin.de/en/company/code-of-conduct
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