Last updated on MAR 03, 2025

TERMS AND CONDITIONS

General Terms and Conditions of Use and Business for the Internet offering of Three-Sixty-Nine GmbH and the website https://www.deassists.com

The following terms and conditions of use and business form the contractual basis for the use of the services offered by Three-Sixty-Nine GmbH and the website https://www.deassists.com.

By visiting our pages, registering on our website or using our services, you agree to our general terms and conditions of use and business.

§ 1 General

1. 1. The operator of the website and contractual partner of the users of the website and its offers is Three-Sixty-Nine GmbH, represented by the managing director, (hereinafter referred to as "369" or "we", or "us").

2. 2. Our offer is aimed at both natural persons and legal entities. Natural persons must be adults (with full legal capacity). You may only use the services on the website or register on our website if you have full legal capacity. In the case of natural persons, full legal capacity generally arises upon reaching the age of majority (in Germany, upon reaching the age of 18). We reserve the right to demand proof of legal age or unlimited legal capacity from the user concerned in the event of a suspected breach of this regulation.

3. 3. The terms "we", "us", "our", "me", refer to Three-Sixty-Nine GmbH.

4. 4. The term "website" or web page refers to https://www.deassists.com.

5. 5. The term "user", "customer", "you" and "your" refers to visitors to the website, customers and all other users of this website or the services offered on this website.

6. 6. By using the website or one or more of the services offered by us on the website, in particular by registering as a user in accordance with Section 3, the user accepts these terms and conditions of use and business.

7. 7. These Terms of Use shall apply exclusively and in the currently valid version. General terms and conditions of the user shall not become part of the contract even if they have not been expressly contradicted, although 369 is aware of deviating or supplementary terms and conditions of a user.

8. 8. The law of the Federal Republic of Germany shall apply exclusively. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG - UN Sales Convention) is excluded.

9. 9. The contract language is German.

§ 2 Scope of services and contractual partners

1. 1. We offer various services related to entry and residence in Germany, mainly but not exclusively for students from non-EU countries such as India or Asia. This includes both our own services and services provided by third parties.

2. 2. You can find the specific offers on our website.

3. 3. Insofar as services are offered directly by us, 369 is also the direct contractual partner and the contractual relationships are governed by these GTCs.

4. 4. Insofar as services are offered by third-party providers on our website, 369 acts only as an intermediary. Service contracts or work contracts for services or works offered by third-party providers on our website are concluded directly between the service provider selected by the customer and the customer and are executed by the service provider selected by the customer after we have mediated the order. The specific execution of the order vis-à-vis the customer is subject to the GTCs or contractual terms and conditions of the respective service provider.

§ 3 Registration on our website

1. 1. Access to the bookable offer area of the website is only possible after prior registration as a customer.

2. 2. In order to use our service, you may be required to provide information about yourself, including your name (required), date of birth (required), e-mail address (required) and other contact information (optional). You agree that any registration information you provide to us will always be accurate, correct and up to date. You may not impersonate another person or provide account information or an e-mail address other than your own. Your account may not be used for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction when using the Service.

3. 3. Please update your account information as soon as it changes. We recommend that you change your password regularly to minimize the risk of unauthorized access to your account.

§ 4 Use of the registration data

1. 1. The user is obliged to provide the data collected during registration truthfully and completely. The user is not permitted to enter data from third parties when registering. If legal entities or partnerships are registered as users, the person providing information on behalf of the legal entity or partnership must ensure that they are authorized to do so.

2. 2. User names whose use infringes the rights of third parties, in particular naming or trademark rights (e.g. brands), or which are otherwise unlawful or offend common decency, are not permitted.

3. 3. The user name and password (hereinafter referred to as "access data") must be kept secret. The user must ensure that the access data does not fall into the hands of third parties who could then use his/her user account. If the access data is lost or if there is a suspicion that a third party has gained knowledge of it or that a third party is using the user profile, the user is obliged to inform us immediately. To protect against unauthorized access by third parties and misuse, the user should change the password at regular intervals.

§ 5 Changes and termination of the service offer

1. 1. Foreseeable work on the website and any associated unavailability of the website will be announced in advance on the website.

2. 2. We reserve the right to change, supplement or delete the design of the website and the services, goods and products offered on the website or to cease publication temporarily or permanently. This also applies to content posted by the user.

3. 3. The user is not entitled to any compensation for damages, reimbursement of expenses or other claims due to changes in the design of the website or its content or due to the temporary or permanent discontinuation or unavailability of services.

4. 4. If you have purchased a service or product, we will send you an email to confirm that your order has been placed. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

5. 5. The services offered are subject to the respective service provider accepting your order or request. We reserve the right to refuse service to any order, person or entity without being obliged to give a reason. An order is only deemed to have been accepted by us once you have received an order confirmation from us.

6. 6. We may change or discontinue any aspect or feature of the Website at any time, subject to the fulfillment of our prior obligations to you based on the acceptance of your payment.

7. 7. If you have purchased a chargeable offer and do not meet your payment obligation, we reserve the right to cancel your order and prohibit further use of our website.

§ 6 Payment

1. 1. Insofar as 369 offers its own services, the specific offers can be found on our offer page. Insofar as 369 acts exclusively as an agent for the respective service, the amount of the remuneration for the booked service can be found in the respective offer of the respective service provider on the offer page of the website. The remuneration is owed to the respective service provider.

2. 2. Payment for fee-based offers is made immediately via the payment service provider. If a down payment is possible, this will be indicated in the respective offer.

3. 3. The purchased services are activated immediately after payment, as far as digital offers are concerned, after the confirmation e-mails for the order and the registration data have been received.

4. 4. Payment for our own services is made via the external payment service provider Stripe (www.stripe.com). All payment data is stored directly with the payment service provider. Changes to the payment data must be made directly with the payment service provider. Third-party services are billed through these providers.

5. 5. The order confirmation with the order data is created electronically and sent to the respective user by e-mail. If you require an invoice with a specific billing address, you can create this during the order process, which you will receive with your order confirmation from the external payment service provider. The invoice for the specific order triggered is created by the respective service provider.

§ 7 Cancellation

1. 1. Offers booked via our website are subject to the right of withdrawal for consumers. Cancellation instructions are enclosed with every order.

2. 2. We expressly point out that no right of withdrawal is granted in the B2B area.

3. 3. We reserve the right to charge for services or goods already used on a pro rata basis despite revocation.

4. 4. If you have booked a service with a third-party provider via our platform, we would like to point out that the service contract has been concluded directly with the third-party provider and must also be canceled with them.

5. 5. If on-site services have been booked, we reserve the right to charge a cancellation fee if the cancellation or revocation is made at short notice, i.e. less than 48 hours before the start of the order. The cancellation fee is 50% of the order price.

6. 6. In the event of cancellation, the purchase price minus the cancellation fee will be transferred back to you directly by the payment service provider. The same payment method will be used for the refund as for the payment.

7. 7. If the respective booked service provider informs the customer of deviating cancellation regulations, these shall take precedence over the regulation described here.

§ 8 Retention of title

Ordered goods remain the property of the respective service provider until full payment has been received.

§ 9 Damages and warranty rights

If goods (e.g. videos created) or services are created or provided with obvious defects, please complain about such defects as soon as possible and contact us or the respective service provider immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against third parties such as subcontractors.

The statutory warranty rights apply.

§ 10 Restrictions on use for users

1. 1. The website provided for use and the layout used are subject to copyright protection. The services accessible via the website were created by us and are also subject to copyright protection. Rights of use and exploitation may only be used with the express consent of the copyright holder.

2. 2. Users do not have the right to use the brand name, logo, word mark, service marks, domain names and other distinctive signs of the Website, in particular the name "DeAssists", unless they have obtained an express written license from us to do so.

3. 3. The user may only use the information and results retrieved from the website within the scope of these terms of use. Any use of the information provided on the website that goes beyond mere utilization requires our consent.

4. 4. The content of other users or presenting service providers accessible via the website may not be reproduced, distributed or otherwise made publicly accessible without the consent of the respective user and us.

5. 5. The user must refrain from doing anything that is likely to interrupt, damage or otherwise impair access to and use of the website by others.

6. 6. Further restrictions on use are set out in § 11 below and, where applicable, in statutory provisions.

7. 7. Users are obliged to inform us if they become aware that content is false, inaccurate or misleading or infringes the rights of third parties.

§ 11 Posting of content

1. 1. When posting content on the website (blog area), the user is obliged to respect and not infringe the rights of third parties, in particular trademark rights, copyrights and personal rights. The posting of:

1. • Content glorifying violence,

2. • Pornographic content,

3. • Slander

4. • Discriminatory content,

5. • Content that violates personal honor or

6. • Other content that violates the law or morality, or

7. • That contain junk mail or spam;

8. • Contain spyware, adware, viruses, corrupted files and programs or other destructive code in any form that is intended to interrupt, damage or limit the functionality of any software, hardware, phone systems, networks, servers or other devices, or that contains Trojan horses and other malware designed to cause damage or interference or to steal information and personal data, whether from 369 or otherwise is prohibited

1. 2. The user may only post third-party content if he has the corresponding rights of use. If there is any doubt as to authorization, the user is obliged to provide us with proof of the rights holder's consent to the use of the rights upon our request. Doubts exist in particular if

1. • It concerns works protected by copyright or ancillary copyright, such as photos, graphics, logos, brands and texts of third parties;

2. • The content contains personal or other sensitive information about individuals or groups of individuals;

3. • Third parties are depicted in photographs in such a way that they do not fade into the background for the viewer in terms of their significance for the picture.

1. 3. If the user sets external links to third-party sites or their own websites or social media accounts, the user is responsible for this. 369 assumes no liability for the content of linked external sites. If the links lead to pages that are not compatible with these GTC, in particular with the prohibitions under no. 1 and 2 of this provision, we have the right to delete external links and to warn the user.

2. 4. We will remove content from the website that violates the above prohibitions.

§ 12 Warranty and liability

1. 1. We endeavor to describe and present our services as accurately as possible. Although we endeavor to describe the service as clearly as possible, please do not expect the website to be completely accurate, up-to-date or error-free. If we become aware of any errors in prices or descriptions, we will correct them immediately. We reserve the right to refuse or cancel any order that contains an incorrect price.

2. 2. In particular, 369 accepts no liability for the accuracy and completeness of the offers presented by the respective service provider on our website.

3. 3. 369 assumes no liability for the accuracy, timeliness, correctness, completeness, quality or legality of the content available on the website, insofar as it originates from third parties.

4. 4. Otherwise, 369 shall be liable without limitation for intent and gross negligence as well as under the Product Liability Act. 369 shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons as well as in the event of a breach of material contractual obligations, i.e. such obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. This limitation of liability also applies to other damages and to damages caused by legal representatives or vicarious agents.

5. 5. Where the website contains links to other websites that are operated and maintained by third parties, these links are provided solely to facilitate navigation. 369 accepts no responsibility for the content of third-party websites. The same applies to embeddings of YouTube streams, videos from other streaming platforms or other content from other content providers, insofar as this is third-party content.

§ 13 Liability of the user

1. 1. The user is solely responsible for the content posted by him. Any liability on our part towards the user is excluded in this respect.

2. 2. The user shall be liable to us for all damages incurred by us due to the use of the website by the user in breach of contract in accordance with the statutory provisions.

3. 3. In the event that claims are asserted against us by third parties because the content posted by a user infringes the rights of third parties or is unlawful, the user shall indemnify us against all such third-party claims, including any court and legal costs, to the statutory amount, unless the user is not responsible for the infringement. The user is obliged to provide us with all information necessary for a defense against the claims asserted by third parties.

§ 14 Data protection

1. 1. We will only collect, process and store (process) personal data insofar as this is necessary for the proper operation of the website. A transfer of personal data to third parties for a specific purpose is only possible with the prior written consent of the user or if this is necessary for the fulfillment of our contract with you (e.g. payment service providers) or if there is a legal obligation to pass on the data.

2. 2. With your order and order confirmation, you will be asked (separately) to agree to be added to our mailing list. Your e-mail address and other details will only be used to send you special offers, information and program updates about our own offers. You can unsubscribe at any time using the unsubscribe link in the e-mail.

3. 3. With regard to the processing of digitally collected personal data in connection with the use of the internet platform https://www.deassists.com, reference is made to the separate privacy policy, which is included in all contracts. The privacy policy can be accessed at https://www.deassists.com/privacy-policy

§ 15 Termination of the user agreement

1. 1. The termination conditions described in more detail in the offer apply to fee-based offers. If termination by the user is required, this can be done in writing by e-mail to info@deassists.com.

2. 2. The parties are entitled to extraordinary termination for good cause. Extraordinary termination by us is possible in particular in the event of criminally relevant breaches by the user, breaches by the user of the obligation to provide truthful information about the data collected, breaches by the user which make the fulfillment of the contract appear impossible or unreasonable, breaches of the prohibitions in accordance with § 11 of these GTC or other gross breaches of duty, e.g. misuse of access data or breaches of the regulations in accordance with § 10 of these GTC. In the event of termination for good cause, the user shall not be entitled to a refund of any service fees already paid.

3. 3. Instead of termination, a user's published content and access to their user account may be temporarily blocked. The user will be notified of a block by e-mail. The reason and duration of the block will be stated in the e-mail. We are not obliged to block the user account prior to termination.

4. 4. Notice of termination must be given in writing. A declaration by e-mail is sufficient. In the event of extraordinary termination, the notice of termination must state the reason for termination.

§ 16 Customer care/support

Inquiries to us regarding these terms of use, the content of our offer or questions about the account can be sent to us at any time using the contact form and the information available on the website.

§ 17 Amendments to the General Terms of Use

1. 1. We reserve the right to amend these Terms of Use at any time and without giving reasons. Changes to the scope of the services offered on the website in accordance with §§ 2 and 3 and the restrictions on use in accordance with §§ 10 and 11 of the General Terms of Use are permitted. Changes due to changes in the legal situation are possible at any time and anywhere.

2. 2. New or amended terms of use will be sent to the registered user by e-mail. They shall be deemed to have been agreed if the user does not object to their validity within four weeks of receipt of the e-mail. The objection must be made in writing. 369 will inform the user separately in the e-mail of the possibility of objection, the deadline and the consequences of his failure to act. If the user objects, both the user and we have the right to terminate the contract of use with immediate effect.

3. 3. For non-registered users (free services), the terms of use that are available online at the time of the specific visit or the specific use of services on the website apply.

§ 18 Final provisions

1. 1. Collateral agreements as well as amendments and additions to the contract must be made in writing and require the written consent of both contracting parties. Verbal collateral agreements are excluded.

2. 2. If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a person under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from these Terms of Use.

3. 3. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through mediation conducted in accordance with the then-current mediation procedures of the CPR Institute for Conflict Prevention & Resolution or such other procedure as the parties may agree upon. The parties further agree that their respective good faith participation in mediation shall have a suspensive effect on the pursuit of other available legal or equitable remedies, including litigation, arbitration or other dispute resolution proceedings. The statute of limitations shall be suspended for the duration of the mediation process.

4. 4. The invalidity of individual provisions of this contract or its components shall not affect the legality of the remaining provisions. The contracting parties are obliged to make an effective provision in good faith, taking into account the meaning and purpose of the contract and the interests of both parties, provided that this does not result in a material change to the content of the contract. This shall also apply if a loophole in the contract requiring regulation becomes apparent.