Fellowship Privacy Policy
“ada Essential” und
“ada Advanced”

1.1 The subject of the contract are the service components as described in the contract, which are provided by ada Learning GmbH, Graf-Adolf-Platz 15, 40213 Düsseldorf ("ada"). ada works with different types of knowledge transfer, which are offered via the digital online learning platform ("ada Hub") operated by ada. Participants receive access to the ada Hub for desktop use.

1.2 For the purposes of these General Terms and Conditions, the contractual partner is the natural or legal person who concludes the contract with ada. Participants are the persons who actually make use of the services via a contingent used by the contractual partner (e.g. employees of the contractual partner). In the event that the Contractual Partner is a natural person who is also a Participant, they are both a Contractual Partner and a Participant.

1.3 For the purposes of these General Terms and Conditions, "content" or "contributed content" by the contractual partner or participant means verbal contributions in events (e.g. online sessions) as well as text contributions, e.g. on the ada Hub, which are shared by participants in the context of using the services. This includes, for example, posts by participants on the ada Hub or comments under other posts.

1.4 ada provides the contractual partners with access to the ada Hub in accordance with the number specified in the contract. The accesses are personalized and bound to a specific person and opened exclusively for employees of the contractual partner. Passing on the access data is prohibited; the contractual partner shall inform the participating employees of this.

1.5 The contract is exclusively for the provision of services by ada and does not establish any further (in particular corporate) connection of any kind between the parties.

1.6 These General Terms and Conditions apply exclusively to the contract. Contractual conditions of the contractual partner, in particular his general terms and conditions or general terms and conditions of purchase, are not subject to the contract.

2.1 The contract between ada and the contractual partner is concluded when both parties sign the contract. A digital signature (e-signing) is sufficient. The contract term begins at the time specified therein. ada is entitled, but not obliged, to provide the access data for the ada Hub before the start of the contract term.

2.2 ada will send all participants invitation links to the email addresses provided by the contractual partner, which are required for registration on the ada Hub.

2.3 The registration of participants on the ada Hub is a necessary prerequisite for using the services; however, failure to register shall neither suspend the start of the contract term nor affect the contractual partner's payment obligation.

3.1 The contractual partner acknowledges that the ada Hub is a web-based application that is accessed via a browser and through which interactive content is retrieved. The contracting party shall ensure that sufficient technical resources are made available to enable all participants to use it properly.

3.2 The contractual partner acknowledges that the services offered are interactive learning formats that enable and in some cases require the participation of the participants. The contractual partner is therefore responsible for checking any content submitted (e.g. verbal contributions to events and other contributions in text form via the ada Hub) to determine whether they contain trade and business secrets or to sensitize participants in this regard.

3.3 ada is the owner of all rights to the titles of the services and the "ada" brand. However, the contractual partner is entitled to report on the use of the services, in particular on the involvement of participants, using the name "ada".

3.4 The accesses of individual participants are personal and non-transferable. Sharing a user access is not permitted. Should ada gain positive knowledge that an access has been shared, a contractual penalty shall be forfeited, the amount of which shall be based on the usual remuneration for the package whose access data has been shared.

4.1 Insofar as the contractual partner is an entrepreneur within the meaning of § 14 BGB, all prices stated in the contract are net prices plus the applicable statutory value added tax.

4.2 All invoices are due immediately and payable without deduction. ada is entitled to send invoices exclusively by e-mail; the contractual partner waives the right to a paper invoice.

4.3 The contractual partner is in default without the need for a reminder if the invoice is not paid within two weeks of receipt. § Section 286 (3) BGB remains unaffected.

4.4 Restrictions on or cancellation of individual content shall not lead to a reduction in the agreed remuneration if the restriction or cancellation was caused by the contractual partner. Saved expenses shall be taken into account.

5.1 The contractual partner receives the simple, non-transferable right to access the training content of the booked service and to use it for its own learning purposes.

5.2 The contractual partner shall ensure to the best of their knowledge that all content contributed by the contractual partner or the participants taking part via the contractual partner, i.e. transmitted to the ada Hub or made available in another form as part of participation, is free from third-party rights. ada is entitled to use such contributed content for the further development of their services, i.e. in particular to prepare content and to utilize it in training documents offline and online.

5.3 The contractual partner indemnifies ada against all claims, including the costs of appropriate legal action, resulting from an (alleged) infringement of third party rights in relation to the content provided by participants, provided that ada informs the contractual partner of a claim by a third party and gives the contractual partner the opportunity to settle the dispute with the allegedly infringed party.

6.1 The parties shall be liable in the event of intent or gross negligence, including on the part of their representatives and vicarious agents, in accordance with the statutory provisions. The same shall apply in the event of culpable injury to life, limb, freedom or health and in the event of mandatory liability in accordance with the statutory provisions, in particular in the event of liability under the Product Liability Act and in the event of fraudulent intent.

6.2 For property damage and financial loss caused by slight negligence on the part of a party, its representatives or vicarious agents, this party shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the parties may regularly rely.

6.3 Any further liability of the parties beyond the above provisions is excluded.

The parties assume that they are independent controllers within the meaning of Art. 4 No. 7 GDPR with regard to the processing of personal data in the performance of the contract. Each party shall ensure that all data processing operations comply with data protection regulations, in particular that the necessary data protection information is provided to the data subjects. The contractual partner shall ensure that the participants are adequately informed with regard to their participation in the ada learning journey.

8.1 The term of the contract as well as its conclusion and the notice period shall be governed by the provisions in the contract.

8.2 If the contract does not contain any express provisions, the contract shall enter into force upon signing and shall have a basic term of one year.

8.3 If the contractual partner is an entrepreneur within the meaning of Section 14 BGB, the contract shall be extended by a further year in each case if it is not terminated at the latest with three months' notice to the end of the basic term or the respective extension period.

8.4 If the contractual partner is a consumer within the meaning of Section 13 BGB, the contract can be terminated at any time after expiry of the basic term with a notice period of one month.

8.5 Instead of terminating the contract, the contractual partner may reduce the number of participants by giving three months' notice to the end of the basic term or each extension period. In the event of graduated pricing, the price for the subsequent terms shall be calculated based on the new number of participants.

8.6 The right of either party to terminate the contract without notice for good cause shall remain unaffected. Good cause shall be deemed to exist in particular if a party culpably breaches material contractual obligations incumbent upon it and fails to remedy the breach within a reasonable period of time despite a written warning, whereby a period of four weeks shall generally be deemed reasonable. Such a warning is not required if it is pointless or unreasonable for the party entitled to terminate the contract.

8.7 Any notice of termination must be in text form.

9.1 Amendments and supplements to the contract must at least comply with the form in which the contract was concluded. Verbal collateral agreements do not exist. 

9.2 Should individual provisions of this contract be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remainder of this contract. In this case, the parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes closest to the purpose of the contract. If the purpose of the contract cannot be achieved with an effective or feasible provision, each party shall be entitled to terminate the contract without notice for good cause. In this case, neither party shall be obliged to return the services received from the other party. The same applies to any loopholes in the contract.

9.3 Unless otherwise stipulated in this contract, the parties may not assign or transfer their rights and obligations under this contract without the consent of the other party.

9.4 The law of the Federal Republic of Germany shall apply.

9.5 If the contractual partner is an entrepreneur within the meaning of § 14 BGB, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract - including tort claims - shall be Düsseldorf.