1. SCOPE

1.1. edventure Studios GmbH, Elisabethstraße 85/W616, 8010 Graz, registered in the Commercial Register of the Graz Commercial Court under FN 601016y (hereinafter “edventure Studios”), offers online tutoring services. The tutoring services provided by edventure Studios include, on the one hand, the conduct of online tutoring sessions for individuals or small groups, and on the other hand, the provision of an accompanying quiz app (hereinafter the “App”) as well as the provision of accompanying learning objective analyses and practice materials.

1.2. The wording contained in these General Terms and Conditions refers, insofar as it relates to natural persons, to persons of all genders. For the sake of readability, the use of all grammatical forms is omitted.

1.3. The respective user who enters into a contract for the provision of tutoring services by signing a contract specifying the selected tutoring package becomes a contractual partner of edventure Studios (hereinafter “User”). The natural persons to whom the booked online tutoring sessions are provided (hereinafter “Students”) do not become contractual partners of edventure Studios (unless they are the same person) and have no independent right of claim against edventure Studios, not even by way of a contract for the benefit of third parties.

These General Terms and Conditions apply to all Users who enter into contracts with edventure Studios for the provision of tutoring services. Any deviating, conflicting, or supplementary terms and conditions shall not become part of the business relationship between Users and edventure Studios, even if they have not been expressly objected to.

1.4. edventure Studios is entitled to amend these General Terms and Conditions to adapt them to changed technical or economic conditions. edventure Studios will notify users of all amendments to these General Terms and Conditions, as well as the date on which they take effect, by sending a message to the email address provided by the user. The amended General Terms and Conditions shall take effect if the user does not object to their validity at least six weeks prior to this date and thereby terminates the contractual relationship as of that date. edventure Studios will expressly inform users of this deadline and the legal consequences of their conduct when notifying them of the amendment to the General Terms and Conditions. Changes that exclusively benefit users may take effect on the day they are notified.

2. REGISTRATION

2.1. Use of all services offered by edventure Studios, including the conclusion of contracts for the provision of tutoring services and the booking of online tutoring sessions, requires that users register. Registration is free of charge.

2.2. During registration, the user must provide all requested information completely and truthfully and must update it immediately in the event of any subsequent changes. In this context, the user is specifically obligated to provide edventure Studios with an active email address for billing purposes. If this email address changes, the user is obligated to update this information immediately.

2.3. There is no entitlement to registration on the platform. edventure Studios reserves the right to refuse a person’s registration as a user without providing reasons.

3. SUBJECT MATTER OF THE AGREEMENT, SERVICE DESCRIPTION, BOOKING OF ONLINE TUTORING SESSIONS

3.1. Users may enter into agreements for the provision of online tutoring via the website https://edventure.studio. By selecting the respective package on the platform, entering the required data (student’s and user’s name, age, grade level), and clicking the “Place Order” button, the user submits a binding offer to conclude a contract for the provision of tutoring services. edventure Studios is not obligated to accept this offer.

edventure Studios will immediately confirm receipt of the offer to the user via an automatically generated email sent to the address provided by the user. edventure Studios may accept the user’s offer by confirming the conclusion of the contract in a subsequent email (“Order Confirmation”).

3.2. After the contract is concluded, users may book online tutoring sessions for students within the scope of the selected package. Withdrawal rights under applicable legal provisions remain unaffected; however, pursuant to § 18 Abs 1 Z 1 of the Distance and Off-Premises Sales Act, the user’s right of withdrawal lapses if edventure Studios has already fully provided the ordered service with the user’s express consent prior to the commencement of service provision.

3.3. Individual appointments for online tutoring sessions are offered based on availability. Users have no entitlement to the availability of online tutoring sessions on specific days or at specific times; however, edventure Studios continuously evaluates its offerings and strives to adapt them to the needs of users and students. Online tutoring sessions are generally designed for one-on-one instruction or small groups of students. Specific scheduling takes place directly between students and tutors and is documented via the provided platforms or communication tools.

3.4. In addition to the online tutoring sessions, exercises are made available to students via the app, depending on the selected package. The solutions to these exercises are analyzed – provided consent has been given – to establish individual learning goals and optimize support.

3.5. Invoices are sent to the user via email to the email address provided by the user. Unless otherwise specified, invoice amounts must be paid by the user within 14 days of receipt.

3.6. Bookings for a specific online tutoring session on a specific date are made directly through the tutors. The user may cancel the booking for the online tutoring session up to two business days before the selected date without providing a reason. In the event of a student’s unexcused absence from a booked online tutoring session, edventure Studios retains its right to payment for that session. In the event of illness or other compelling reasons, the booking may be canceled up to 24 hours before the start of the respective session.

3.7. Should edventure Studios be required to cancel an already booked online tutoring session for important reasons (such as a tutor’s sudden illness, etc.), the fee for that online tutoring session will not be charged during the relevant billing period.

3.8. To participate in online tutoring sessions, students need a device capable of video calls (such as a tablet, laptop, or similar device with a camera, microphone, and a screen with sufficient resolution), as well as a stable internet connection. These technical requirements are beyond the control of edventure Studios and are not included in the scope of services. If participation in a booked online tutoring session is not possible due to technical issues with the devices used by the student and/or the student’s internet connection, no refund will be issued, and the session in question will not be counted toward the quota of online tutoring sessions included in the package ordered.

3.9. edventure Studios reserves the right to cancel the booking of online tutoring sessions for certain students or to block the booking of further online tutoring sessions for a specific student if that student has, in the past, seriously disrupted the proper conduct of online tutoring sessions through their behavior and it is to be expected that this student will continue to seriously disrupt the conduct of online tutoring sessions to the detriment of other students. Such behavior, which seriously disrupts the proper conduct of online tutoring sessions, includes, in particular, insulting or threatening other students and the tutors employed by edventure Studios, as well as edventure Studios employees, and transmitting content that incites violence, hate, racism, or illegal acts, or of pornographic or violence-glorifying content to other students or the assigned tutors during online tutoring sessions.

3.10. It is expressly stated that, due to the nature of the service in question and the fact that the effectiveness of the tutoring depends on many factors beyond the control of edventure Studios (such as the student’s illness, the student’s learning environment, or the school environment), edventure Studios cannot guarantee a specific level of learning success.

4. USE OF THE APP 

Depending on the selected package, students are given the opportunity to use the accompanying app in conjunction with their participation in online tutoring sessions to complete exercises that supplement the online tutoring sessions and to review the material. In addition to the provisions of these General Terms and Conditions, the General Terms of Use for the app apply to the use of the app.

5. USE OF EXERCISE MATERIALS AND LEARNING OBJECTIVE ANALYSES

5.1. In addition to the online tutoring sessions, exercise materials (collections of exercises, practice examples, presentations, etc.) are provided as part of these sessions and generally. These exercise materials are protected by copyright (including in part). Students and/or users are permitted to use the practice materials solely for personal (learning) purposes within the scope of utilizing the services of edventure Studios. Any use of the practice materials beyond this scope, in particular the transfer to third parties, the provision, and the publication thereof, is prohibited without the express written consent of edventure Studios.

5.2. Learning objective analyses created in addition to the online tutoring sessions are also protected by copyright and are provided exclusively by edventure Studios to demonstrate students’ learning progress within the context of tutoring. Any use beyond this scope, in particular the disclosure to third parties, the provision, and the publication, is prohibited without the express written consent of edventure Studios.

6. DATA PROTECTION

6.1. For information regarding the processing of personal data of users and students in the provision of our services, please refer to our Privacy Policy.

 6.2. Information regarding the processing of personal data of visitors to our website can also be found in the Privacy Policy at https://edventure.studio/en/privacy-policy.

7. FINAL PROVISIONS 

7.1. In accordance with the legal obligations under Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, edventure Studios provides a link on its website at https://edventure.studio/impressum/ to the online dispute resolution platform at ec.europa.eu/consumers/odr. Users may also contact edventure directly with their complaints at office@edventure.studio.

7.2. These Terms and Conditions can be downloaded at https://edventure.studio/AGB.

7.3. The online tutoring sessions, as well as the accompanying app and practice materials, are primarily offered in German and are based on the content of the Austrian, German, and Swiss curricula for general secondary schools and middle schools. edventure Studios therefore provides the services described in these General Terms and Conditions exclusively to users and students residing in Austria, Germany, or Switzerland, provided that no mandatory legal provisions in the respective country preclude this.

7.4. The exclusive place of jurisdiction is Graz, provided that the user is not a consumer or provided that no mandatory legal jurisdictions (e.g., at the consumer’s place of residence).

Users who are consumers within the meaning of the KSchG and who have their domicile or habitual residence in Austria or are employed in Austria may, by way of exception, be sued only before those courts within whose jurisdiction their domicile, habitual residence, or place of employment is located.

7.5. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the user has their habitual residence remain unaffected.