Terms of use
Terms of Use for Visitors of Our Platform “Learning Toolbox”
1. Contractual Partner; Scope; Amendments to the Terms of Use, Exclusion of § 312i para. 1 sentence 1 nos. 1 to 3 and sentence 2 BGB
a) The contractual partner for these Terms of Use is the Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., headquartered in Munich, registered in the association register of the local court of Munich under registration number VR 4461 (hereinafter: “Fraunhofer”, “we”, or “us”), acting here for its legally non-independent Fraunhofer Information Center for Space and Construction (IRB).
b) These Terms of Use apply to the use of the restricted-access section of our website “Toolbox for Learning Formats” by visitors at the URL: www.toolbox-lernformate.de (hereinafter: “Platform”). For companies that, upon approval by us, are allowed to present themselves and upload content related to the learning formats, exclusively the separate “Terms of Use for Providers of Learning Formats on Our Platform ‘Learning Toolbox’” apply (such companies: the “Providers”).
c) Your use of the Platform (hereinafter: “User” or “you”) is subject to these Terms of Use (“Terms of Use”).
d) These Terms of Use are always available and printable at the following URL: https://toolbox-lernformate.de/en/terms-use
e) These Terms of Use apply exclusively. Conflicting, contrary, or additional general terms and conditions of the User shall only become part of the contract if we have expressly agreed to their validity in writing.
f) We reserve the right to amend and supplement these Terms of Use. Amendments and supplements to the Terms of Use will be announced to the User via e-mail to the address provided by the User. The User’s consent to the amendment of the Terms of Use shall be deemed given if the User does not object in writing within four weeks, starting from the day following the announcement of the amendment. Fraunhofer undertakes in the amendment notice to specifically point out the possibility of objection, the deadline for objection, the requirement of text form, and the consequences of failing to object.
g) § 312i para. 1 sentence 1 nos. 1 to 3 and sentence 2 BGB are excluded as a precaution.
2. Subject Matter of the Contract, Free of Charge; Changes in Services; Availability
a) The Platform is a digital platform that provides information on innovative learning formats and connects you as an interested party with providers of these learning formats. Upon approval by us, you will have the opportunity to search, filter, and view the learning formats. Within this scope, you can also find providers and their content.
b) Fraunhofer provides the Platform free of charge.
c) Fraunhofer reserves the right to change the Platform or provide different functionalities if the change or deviation is reasonable considering the interests of Fraunhofer and the User. Such changes may be necessary, in particular, due to (i) adaptation to new legal regulations or court decisions or to comply with judicial or official decisions affecting Fraunhofer, (ii) changed technical conditions (new browser versions or technical standards), or (iii) protection of system security. In addition, Fraunhofer may reasonably modify the Platform as part of its ongoing development. If providing a modified version of the Platform or changes in functionalities substantially limits the usability for the User, Fraunhofer will announce this in text form at least four weeks prior to the effective date.
d) The User has no entitlement to a specific availability of the Platform. In particular, availability and functionality of the Platform cannot be guaranteed uninterruptedly and may be temporarily unavailable due to technical issues or maintenance work. We will endeavor to announce maintenance periods on the Platform with reasonable notice
3. Registration, Conclusion of Contract
a) Prerequisite for using the Platform is approval of the User by us. Only entrepreneurs within the meaning of § 14 BGB are eligible for approval. There is no entitlement to approval.
b) Users must register before using the Toolbox. This occurs by providing various data during the registration process (see Privacy Information) and submitting the registration. After submitting the registration form, Fraunhofer sends an individual activation link to the e-mail address provided during registration. By clicking the activation link, registration is completed and a contract between Fraunhofer and the User is concluded under these Terms of Use for Users. The User is the company provided during registration and, if none is provided, the registering person themselves.
c) The User shall keep the login data confidential and not disclose it to other persons. If a company is provided during registration, the registering person must be authorized to legally represent the company. Multiple persons may not share the login data. In case of misuse or suspected misuse of access, the User shall immediately inform Fraunhofer. Accessing Platform content through automated programs (e.g., bots, screen-scraping) is prohibited.
d) Information provided during registration must be complete and accurate.
4. Chatbot
a) We provide a text-based dialogue system on the Platform that allows communication in natural language with a technical system based on artificial intelligence (“Chatbot”). The Chatbot can communicate in a way that may give the User the impression that the dialogue partner is a natural person, but we explicitly point out that the dialogue is with a technical system, not a human.
b) The Chatbot is solely intended to provide initial information to the User about the content of the Platform, in particular about the described learning formats or the Providers presenting themselves on the Platform, and can only provide information on these topics.
c) The Chatbot may only be used for the purposes described in section 4.2.
d) The information, advice, or recommendations provided by the Chatbot may be incorrect or misleading. We strongly recommend verifying this information on our Platform or directly with the respective Providers before relying on it or making decisions based on it.
e) Section 6 applies correspondingly to the use of the Chatbot.
5. Contracts between User and Provider
a) Providers have the opportunity on the Platform to provide information about themselves and their services to Users. A contract for the use of these services is concluded exclusively between the User and the respective Provider outside the Platform. We act neither as intermediary nor contractual party and assume no liability for the quality or fulfillment of services offered by Providers. Any claims arising from such contracts are to be made exclusively against the respective Provider.
6. Duties and Obligations of the User; Content Upload; Indemnification
a) The User undertakes to use the Platform only within the scope of legal provisions and these Terms of Use and not to infringe the rights of third parties (e.g., copyright). The User shall comply in particular with the provisions on data protection, copyright, confidentiality, and competition law.
b) If we provide the User the opportunity to upload content to the Platform, the User undertakes not to upload illegal or immoral content. The same applies to external links. In particular, content that is (a) racist, (b) glorifies or trivializes violence and/or war, (c) sexually offensive or pornographic, or (d) endangers the welfare of children or adolescents is prohibited.
c) The User undertakes to check all files uploaded to the Platform for viruses, worms, trojans, and similar components that could affect file or computer hardware/software integrity, using up-to-date scanning software, and to upload only files free of such components.
d) If the User uploads or provides copyrighted or otherwise protected content, including but not limited to images, photos, company logos, trademarks, etc., the User warrants that they are entitled to do so. Simultaneously, the User grants Fraunhofer a free, revocable, unlimited-in-time-and-space right to use such protected content on the Platform in connection with the services and functionalities for which the User uploaded/provided it.
e) The User indemnifies Fraunhofer from any claims by third parties related to the use of User Content, as long as Fraunhofer has used the content on the Platform in connection with the services and functionalities for which it was uploaded/provided. This includes reimbursement of reasonable costs for defending against such claims; the User shall reasonably support Fraunhofer in the defense. Fraunhofer reserves the right to take suitable measures to defend against claims or assert its rights.
f) If persons acting on behalf of a User provide information on the Platform, Fraunhofer may at any time request proof of their authorization, and the User must comply immediately. If the User does not comply immediately, Fraunhofer may partially or fully block access until proof is provided. Section 7 remains unaffected.
7. Measures
a) Fraunhofer is entitled, if there are concrete indications of a violation of legal regulations, third-party rights, or these Terms of Use by the User, to take one or more of the following measures:
- Warning the User;
- Delaying or rejecting registration or activation of the User account;
- Rejecting or deleting User Content;
- Temporary suspension or permanent deletion of the User account; or
- Restricting the User’s use of the Platform.
b) Fraunhofer will consider the User’s legitimate interests when choosing a measure. Once a User is permanently blocked, there is no entitlement to restoration of the blocked User account. Failure to take measures in one instance does not constitute a waiver of the right to act in similar future cases.
8. Intellectual Property; Reserved Use under § 44b para. 3 UrhG
a) All content published on the Platform, including texts, images, graphics, logos, software, designs, and other materials, is protected by copyright or other intellectual property rights (e.g., trademark, design, or patent rights). Unless otherwise stated, rights are held by Fraunhofer or the respective authors who publish User Content on the Platform (particularly Providers).
b) Use of Platform content is only permitted within the scope of the Platform’s functions and in accordance with applicable law. Reproduction, distribution, editing, or public display without explicit permission from the rights holder is prohibited. Content may only be downloaded, stored, or processed further if explicitly allowed by us or the rights holder.
c) Use of our works on the Platform for text and data mining is reserved (§ 44b para. 3 UrhG).
9. Data Protection
If personal data of the User or Provider is processed in connection with the provision of the service (e.g., registration data), Fraunhofer is the controller. Details on data processing are described in the privacy information ([insert link to privacy policy]); these are not part of the contract.
10. Liability
To the extent our liability depends on our fault, we are liable only for intent and gross negligence.
11. Term, Termination
a) The User agreement is concluded for an indefinite period and may be terminated at any time by either party in text form (e.g., e-mail, letter, fax) or by deletion of the User account.
b) The right of the parties to terminate the agreement without notice for good cause remains unaffected.
12. Contact Information
For questions or complaints, contact us at: Toolbox@irb.fraunhofer.de.
13. Final Provisions
a) German law applies, excluding the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
b) Fraunhofer is entitled to send all statements and communications related to the contractual relationship for providing the Platform to the e-mail address provided by the User during registration. The User is obliged to check this e-mail account regularly.
c) The User may only assign rights and obligations from the User agreement with our prior express consent.
d) The User may only offset claims against our claims if such claims are undisputed or legally established.
e) If individual provisions of these Terms of Use are or become invalid and/or contradict statutory regulations, the validity of the remaining Terms of Use shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision in a legally valid manner. The above rule applies correspondingly to gaps in regulation.
Date of these Terms of Use: July 2025
Terms of Use for Providers of Learning Formats on our Platform "Learning Toolbox”
1. Contracting Parties; Scope; Amendments to the Terms of Use; Waiver of Section 312i (1) Sentence 1 Nos. 1–3 and Sentence 2 of the German Civil Code (BGB)
a) The contracting party to these Terms of Use is the Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., based in Munich, registered in the register of associations of the local court of Munich under registration number VR 4461 (hereinafter: “Fraunhofer”, “we” or “us”), acting on behalf of its legally dependent Fraunhofer Information Centre for Planning and Building (IRB).
b) These Terms of Use apply to the use of the restricted-access section of our website “Learning Toolbox” by providers of certain learning formats under the URL: www.toolbox-lernformate.de (hereinafter: “Platform”). For visitors of the Platform who only wish to inform themselves and search for providers of learning formats, solely the separate “Terms of Use for Visitors of our Platform ‘Learning Toolbox’” apply (such visitors: the “Users”).
c) The use of the Platform by you (hereinafter: “Provider” or “you”) is subject to these Terms of Use (“Terms of Use for Providers”).
d) These Terms of Use for Providers are available and printable at any time under the following URL: https://toolbox-lernformate.de/en/terms-use
e) These Terms of Use for Providers apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Provider shall only become part of the contract if and insofar as we have expressly agreed to their validity in writing.
f) We reserve the right to amend or supplement these Terms of Use for Providers. Amendments or supplements will be announced to the Provider by e-mail to the e-mail address provided by the Provider. The Provider’s consent to the amended Terms of Use shall be deemed granted if the Provider does not object in text form within four weeks, beginning on the day following the amendment notice. Fraunhofer undertakes to specifically draw attention in the amendment notice to the right of objection, the objection period, the requirement of text form, as well as the significance and consequences of failing to object.
g) Section 312i (1) Sentence 1 Nos. 1–3 and Sentence 2 BGB are hereby waived as a precaution.
2. Subject Matter of the Contract, Free of Charge; Changes in Services; Availability
a) The Platform is a digital platform that provides information about innovative learning formats and is intended to connect you, as a provider of such learning formats, with interested companies. Upon approval by us, you will have the opportunity to present yourself as a provider of learning formats in accordance with these Terms of Use for Providers. Users can search, filter and view learning formats. Within this scope, Users may also find approved Providers and their content.
b) Fraunhofer provides the Platform free of charge.
c) Fraunhofer reserves the right to modify the Platform or to provide different functionalities, provided such modifications are reasonable, taking into account the interests of both Fraunhofer and the Provider. Reasons for such modifications may include, in particular: (i) necessary adaptation to new legal requirements or case law, or compliance with judicial or regulatory decisions, (ii) changed technical conditions (e.g. new browser versions or technical standards), or (iii) protection of system security. Furthermore, Fraunhofer may reasonably modify the Platform as part of further development of the service. If the provision of a modified version of the Platform or changes in functionalities result in a significant limitation of usability for the Provider, Fraunhofer shall notify the Provider in text form in good time, at the latest four weeks prior to such change taking effect.
d) The Provider has no claim to a specific availability of the Platform. In particular, continuous availability and functionality of the Platform cannot be guaranteed and may be temporarily unavailable due to technical issues or maintenance. We will endeavour to announce maintenance periods on the Platform with reasonable advance notice.
3. Registration, Conclusion of Contract
a) A prerequisite for use of the Platform is approval of the Provider by us. Only entrepreneurs within the meaning of Section 14 BGB, active in the further education sector and offering learning formats determined by us at our sole discretion, are eligible for approval. There is no entitlement to approval.
b) Providers must register before using the Toolbox. This is done by entering various data during the registration process (see data protection information) and submitting the registration. After submission of the registration form, Fraunhofer will send an individual activation link to the e-mail address provided. By clicking on this activation link, the registration is completed and a contract between Fraunhofer and the Provider in accordance with these Terms of Use for Providers is concluded. The Provider is the company specified during registration or, if none is specified, the registering individual.
c) The Provider shall treat login data confidentially and not disclose it to other persons. If a company is specified during registration, the registering person must be authorised to legally represent the company. Login data may not be shared by multiple persons. In the event of misuse of access or a corresponding suspicion, the Provider must inform Fraunhofer immediately. Accessing content of the Platform via automated programs (e.g. bots, screen scraping) is prohibited.
d) All information provided during registration must be complete and correct.
4. Provider Content
a) After registration (Sec. 3), Providers may present themselves on the Platform within the scope defined by us for certain learning formats and may enter their contact and company details on the Platform (“Provider Content”).
b) Placing external links to the Provider itself, to affiliated companies within the meaning of Sections 15 et seq. AktG, or to other commercial enterprises is not permitted as part of Provider Content.
c) We reserve the right to review Provider Content in accordance with Sec. 5 before publishing it on the Platform. We further reserve the right not to publish Provider Content in cases of (i) violation or (ii) indications of a violation of Sec. 5. Sec. 6 remains unaffected. No editorial review of Provider Content takes place, and we do not adopt Provider Content as our own.
d) The Provider may subsequently amend or delete Provider Content. Sec. 4.3 applies accordingly.
e) The Provider must keep Provider Content up to date at all times.
5. Obligations and Duties of the Provider; Uploading Content; Indemnification
a) The Provider undertakes to use the Platform only within the framework of applicable laws and these Terms of Use and not to infringe the rights of third parties (e.g. copyrights). In particular, the Provider shall comply with the provisions of data protection law, copyright law, trade secret protection, and competition law.
b) If we enable the Provider to upload content to the Platform (see Sec. 4), the Provider undertakes not to upload unlawful or immoral content. In particular, uploading content is prohibited that (a) is racist, (b) glorifies or trivialises violence and/or war, (c) is sexually offensive or pornographic, and/or (d) endangers the moral welfare of children or young people or otherwise impairs their well-being.
c) The Provider shall check all files uploaded to the Platform with up-to-date antivirus software to ensure they are free of viruses, worms, trojans or similar harmful elements, and shall only upload files free from such components.
d) Where the Provider uploads copyright-protected or otherwise protected content to the Platform, including but not limited to image files, photos, company identifiers, trademarks, etc., the Provider declares that they are entitled to do so. At the same time, the Provider grants Fraunhofer a free, revocable, unlimited right in terms of time and territory to use such protected content on the Platform within the services and functionalities for which the Provider uploaded/provided them.
e) The Provider shall indemnify Fraunhofer from all third-party claims in connection with the use of Provider Content uploaded and/or provided by the Provider, insofar as Fraunhofer has used this Provider Content within the services and functionalities for which it was uploaded/provided. This includes reimbursement of reasonable costs for legal defence against such third-party claims. The Provider shall reasonably support Fraunhofer in such defence. Fraunhofer remains entitled to take appropriate measures itself to defend against third-party claims or assert its rights.
f) If persons acting on behalf of a Provider upload or enter information on the Platform, Fraunhofer may at any time require the Provider to prove the authorisation of such persons. The Provider must promptly comply with such a request. If the Provider fails to do so, Fraunhofer may block the Provider’s access in whole or in part until such proof is provided. Sec. 6 remains unaffected.
6. Measures
a) If there are concrete indications of a violation of statutory provisions, third-party rights, or these Terms of Use by the Provider, Fraunhofer is entitled to take one or more of the following measures:
- Warning of the Provider;
- Delay or rejection of registration or activation of the Provider account;
- Refusal to publish or deletion of Provider Content;
- Temporary suspension or permanent deletion of the Provider account; or
- Restriction of the Provider’s use of the Platform.
When choosing a measure, Fraunhofer will take into account the legitimate interests of the Provider. Once a Provider has been permanently suspended, there is no entitlement to reinstatement of the account. If Fraunhofer does not take action regarding a breach, this shall not constitute a waiver of its right to take measures in respect of current, future or similar breaches.
7. Intellectual Property; Reservation of Use under Section 44b (3) UrhG
a) All content published on the Platform, including texts, images, graphics, logos, software, designs and other materials, is protected by copyright or other intellectual property rights (e.g. trademark, design or patent rights). Unless otherwise stated, the rights are held by Fraunhofer or the respective authors publishing content on the Platform, in particular the respective providers of learning formats.
b) Use of the Platform’s content is only permitted within the functions provided on the Platform and in accordance with applicable laws. Reproduction, distribution, editing or public display of content without express permission of the rights holder is prohibited. Content may only be downloaded, stored or further processed if expressly permitted by us or the author.
c) We reserve the right to prohibit reproductions of our works on the Platform for text and data mining purposes (§ 44b (3) UrhG).
8. Data Protection
For further information on data protection, please refer to the privacy notice at (link).
9. Liability
Where our liability depends on fault, we shall only be liable for intent and gross negligence.
10. Term, Termination
a) The usage contract is concluded for an indefinite period and may be terminated by either party at any time by notice in text form (e.g. e-mail, letter, fax) or by deleting the Provider account.
b) The right of both parties to terminate the usage contract without notice for good cause remains unaffected.
11. Contact Information
For questions or complaints, you can reach us at: Toolbox@irb.fraunhofer.de.
12. Final Provisions
a) German law applies, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
b) Fraunhofer is entitled to send all declarations and notifications regarding the contractual relationship for the provision of the Platform to the e-mail address provided by the Provider during registration. The Provider is obliged to regularly check the inbox of this e-mail account.
c) The Provider may only assign rights and obligations under the usage contract with our prior express consent.
d) The Provider may only set off our claims against undisputed or legally established claims.
e) If individual provisions of these Terms of Use are invalid or become invalid and/or contradict statutory provisions, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which, in a legally effective manner, comes closest to the economic purpose of the invalid provision. The above regulation shall apply accordingly in the event of regulatory gaps.
Status of these Terms of Use: July 2025