Terms of Service

Last updated: March 1, 2026

Provider

learn-atc.com
c/o Clesk Digital GmbH
Am Biehl 5
57234 Wilnsdorf
Germany

Email: office@learn-atc.com
Commercial Register: Amtsgericht Siegen, HRB 13012
VAT ID: DE351357159

Managing Director: Tobias Rösner
By accessing or using learn-atc.com (“Platform”), you (“User”, “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Platform.

1. Scope of Application

1.1. These Terms govern all use of the Platform by individual consumers (“B2C Users”) and business clients (“B2B Users”), including but not limited to flight schools, training providers, universities, simulation centers, airlines, aviation authorities, and other organizations.
1.2. Deviating, conflicting, or supplementary terms of the User shall not become part of the agreement unless Clesk Digital GmbH (“Provider”, “we”, “us”) has expressly agreed to their applicability in writing.
1.3. These Terms apply to the use of the Platform via web browsers, mobile applications, and any APIs or integrations provided by the Provider.
1.4. For B2B Users, separate written agreements (e.g., multi-seat license agreements, white-label agreements, or data processing agreements) may supplement these Terms. In the event of a conflict, the provisions of such separate agreements shall prevail over these Terms.

2. Description of Services

2.1. The Platform provides web-based training tools and resources for aviation radio communication, including but not limited to:
  • ATC Simulator: AI-supported real-time simulation of air traffic control radio communication with virtual controllers, using real aerodrome data.
  • Learning Modules: Structured lessons and interactive educational content covering aviation radio phraseology, procedures, and regulations.
  • Interactive Scenarios: Pre-built training situations that users actively complete, with condition tracking and performance feedback.
  • Exam Preparation: Question banks based on publicly available official examination material, including ECQB (European Central Question Bank) content for PPL(A), PPL(H), SPL, BPL, LAPL, and question catalogues published by the German Federal Network Agency (Bundesnetzagentur) for BZF I/II and AZF/AZF E radio telephony certificates.
  • Listening Trainer: Exercises for understanding spoken ATC communications.
  • NATO/ICAO Spelling Trainer: Practice modules for the phonetic alphabet and callsign pronunciation.
  • Aviation Tools: Free reference tools including an aerodrome finder, flight school directory, flight instructor marketplace, frequency finder, and aviation wiki.
  • Syllabus Tracking: Progress tracking across learning modules and certifications.
  • AI Assistant: An in-simulator tutoring feature that answers questions in the context of ongoing training scenarios.
  • Live Support Chat: AI-assisted and human-operated support.
    • 2.2. The Provider reserves the right to modify, expand, or discontinue individual features or services at any time, provided that the core functionality of any active paid subscription is not materially diminished during the subscription period.
    2.3. The Platform may experience temporary unavailability due to maintenance, updates, technical issues, or circumstances beyond the Provider’s control. The Provider does not guarantee uninterrupted or error-free availability of the Platform. Scheduled maintenance will be communicated in advance where reasonably possible.

    3. Nature of Services and Limitations

    3.1. Supplementary Training Tool. The Platform is designed as a supplementary educational tool for aviation radio communication training. It is intended to complement, not replace, formal aviation instruction, flight training with certified instructors, or any other mandatory training required by applicable aviation authorities.
    3.2. No Substitute for Official Training. Use of the Platform does not constitute official flight training, formal aviation education, or certified examination. The Platform does not issue any aviation licenses, certificates, ratings, or endorsements. Users must complete all required training and examinations through officially authorized training organizations (ATOs/DTOs) and examination bodies as required by applicable national and international aviation regulations (e.g., EASA, national civil aviation authorities).
    3.3. No Guarantee of Exam Success. While the Platform provides preparation materials including questions based on officially published question catalogues, the Provider does not guarantee that using the Platform will result in passing any official examination. Official examinations may contain questions or content not covered by the Platform, and examination content may change without notice from the respective authorities.
    3.4. Accuracy of Content. The Provider endeavors to ensure that all content is accurate and up to date. However, the Provider does not warrant that all content, training materials, simulator responses, feedback, or generated outputs are free from errors, complete, or current at all times. Aviation regulations, procedures, phraseology, and aerodrome data are subject to change, and the Platform may not immediately reflect such changes.
    3.5. Simulator Limitations. The ATC Simulator generates responses using artificial intelligence and language models. While designed to follow ICAO standard phraseology and realistic procedures, simulator responses may occasionally contain inaccuracies, non-standard phraseology, or procedural errors, particularly in complex scenarios. Users should always verify procedures against official publications (e.g., AIP, NOTAMs, official phraseology guides) and consult qualified instructors for clarification.
    3.6. Question Bank Disclaimer. The exam preparation feature contains questions based on publicly available official question catalogues, including content published by aviation authorities for training purposes. The Provider does not claim ownership of official examination content. The ECQB and BNetzA question catalogues are the intellectual property of their respective rights holders. The Provider uses this content for educational training purposes. Official examinations may contain non-public questions not represented in the Platform’s question bank. The Provider makes no representation that the questions on the Platform are identical to those appearing on any specific official examination.
    3.7. Aerodrome and Frequency Data. Aerodrome data, frequencies, runway information, and related aviation data are sourced from third-party databases (including OpenAIP) and are synchronized periodically. This data is provided for training and reference purposes only and must not be used for real flight planning, navigation, or operational decisions. Users must always consult official, current aeronautical publications for operational use.
    3.8. User Responsibility. Users are solely responsible for verifying all information obtained through the Platform against official sources before applying it in any real-world aviation context. The Provider assumes no responsibility for decisions made or actions taken based on Platform content.

    4. Account Registration

    4.1. To access the Platform’s features, Users must register an account with a valid email address and a secure password, or register via supported third-party authentication providers (e.g., Google OAuth).
    4.2. Users must provide accurate, complete, and current information during registration and are obligated to keep this information up to date.
    4.3. Each User account is personal and non-transferable. Users must not share their login credentials with third parties or allow others to use their account, unless expressly permitted under a multi-seat or organizational license.
    4.4. Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The User must notify the Provider immediately at support@learn-atc.com if they become aware of any unauthorized use of their account or any other security breach.
    4.5. The Provider reserves the right to verify the accuracy of registration information and to request additional verification at any time.
    4.6. Users must be at least 16 years of age to create an account. Users under 18 years of age require the consent of a parent or legal guardian.

    5. Free Access and Trial

    5.1. Certain features of the Platform are available free of charge, including but not limited to selected learning content, aviation tools (aerodrome finder, flight school directory, flight instructor marketplace, frequency finder), the aviation wiki, and a limited number of daily simulator transmissions.
    5.2. The Provider may offer free trial periods for premium features. Free trials are provided without obligation and may be modified, limited, or discontinued at any time without prior notice.
    5.3. The Provider reserves the right to modify the scope of freely available content and features at any time.

    6. Subscription and Payment

    6.1. Subscription Plans. Premium access to the Platform is available through paid subscription plans, which may include access to specific modules (e.g., exam question banks only, simulator only) or full access (“Full Seat”). The current subscription plans and pricing are displayed on the Platform’s pricing page.
    6.2. Payment Processing. All payments are processed securely through Stripe, Inc. (“Stripe”). By subscribing, you also agree to Stripe’s terms of service. The Provider does not store credit card or payment details directly.
    6.3. Automatic Renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) unless the User cancels before the renewal date. The applicable subscription fee will be charged at the beginning of each renewal period.
    6.4. Cancellation. Users may cancel their subscription at any time through their account dashboard. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time within a billing period.
    6.5. Price Changes. The Provider reserves the right to adjust subscription pricing. Users with active subscriptions will be notified of price changes at least 30 days in advance. Price changes will apply to the next billing period following the notification. If a User does not agree to a price change, they may cancel their subscription before the new price takes effect.
    6.6. Day Licenses. The Provider may offer single-day access licenses. These expire automatically at the end of the calendar day (23:59 CET/CEST) on which they were purchased and are non-refundable.
    6.7. VAT and Tax. All prices are inclusive of applicable VAT unless otherwise stated. For B2B customers within the EU holding a valid VAT identification number, reverse charge may apply. VAT IDs are validated through the EU VIES system.
    6.8. Failed Payments. If a payment fails, the Provider may restrict access to premium features until the payment issue is resolved. The Provider will make reasonable efforts to notify the User of payment failures.

    7. Right of Withdrawal (B2C Users)

    7.1. Consumers within the European Union have a statutory right of withdrawal of 14 days from the date of contract conclusion, in accordance with applicable EU and German consumer protection law.
    7.2. In accordance with § 356 (5) BGB (German Civil Code), the right of withdrawal expires prematurely if:
  • The User has expressly agreed that the Provider may begin providing access to the digital content before the withdrawal period has expired; and
  • The User has acknowledged that by giving such consent, they lose their right of withdrawal upon the commencement of contract performance.
    • 7.3. This consent is obtained during the checkout process through a mandatory confirmation checkbox. If the User does not provide this consent, the purchase cannot be completed.
    7.4. The Provider will send the User a confirmation of the contract on a durable medium (e.g., email), including confirmation that the User consented to the immediate provision of digital content and acknowledged the resulting loss of the right of withdrawal.

    8. Refund Policy

    8.1. Due to the nature of digital content and the waiver of the right of withdrawal upon commencement of access (see Section 7), refunds are generally not provided after purchase.
    8.2. The Provider may, at its sole discretion, grant refunds or credits on a goodwill basis in exceptional circumstances (e.g., significant technical issues preventing access over an extended period).
    8.3. Refund requests may be submitted to support@learn-atc.com within 14 days of the relevant charge.

    9. B2B Licenses and Organizational Accounts

    9.1. Multi-Seat Licenses. Organizations such as flight schools, training providers, universities, airlines, and other entities may acquire multi-seat licenses for their members, students, or employees (“Seat Holders”). The specific terms, scope, pricing, and duration of multi-seat licenses are subject to a separate written agreement between the Provider and the organization (“Organizational Agreement”).
    9.2. Organizational Administrator. Each organization must designate at least one administrator (“Org Admin”) who is responsible for managing the organization’s account, including inviting and removing Seat Holders, assigning content and permissions, and ensuring compliance with these Terms by all Seat Holders within the organization.
    9.3. Org Admin Responsibility. The organization and its Org Admin are jointly responsible for ensuring that all Seat Holders comply with these Terms. The organization shall indemnify and hold the Provider harmless from any claims, damages, or liabilities arising from the misuse of the Platform by its Seat Holders.
    9.4. White-Label Usage. Where agreed in a separate Organizational Agreement, the Provider may grant the organization the right to use the Platform under the organization’s own branding (“White-Label”). The scope, limitations, and conditions of White-Label usage are defined exclusively in the Organizational Agreement. The underlying Platform technology, software, and intellectual property remain the sole property of the Provider.
    9.5. Data Processing. Where the Provider processes personal data on behalf of an organization (e.g., Seat Holder data), a Data Processing Agreement (“DPA”) in accordance with Art. 28 GDPR will be concluded separately. The organization is responsible for ensuring that it has a lawful basis for transmitting personal data of its Seat Holders to the Provider.
    9.6. License Restrictions. Unless otherwise agreed in writing, organizational licenses are non-transferable, limited to the agreed number of seats, and restricted to the organization’s own internal training purposes. Resale or sublicensing of access is prohibited unless expressly authorized.
    9.7. Termination of Organizational Accounts. Upon termination of an Organizational Agreement, all associated Seat Holder accounts will be deactivated. The organization is responsible for informing its Seat Holders of the termination. Data retention and deletion follow the provisions of Section 17 and any applicable DPA.

    10. Intellectual Property

    10.1. Provider’s Intellectual Property. The Platform, including but not limited to its software, source code, algorithms, user interface design, graphics, logos, trademarks, trade names (“Learn ATC”, “L-ATC”), text, images, audio content, training materials, scenario logic, simulator technology, and all other original content created by the Provider, is the intellectual property of Clesk Digital GmbH and/or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
    10.2. Limited License to Users. Subject to these Terms and payment of applicable fees, the Provider grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal or internal organizational training purposes only. This license does not include the right to copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works from any part of the Platform.
    10.3. Third-Party Content. Certain content on the Platform, including but not limited to examination questions from the ECQB and the German Federal Network Agency’s question catalogues, aerodrome data from OpenAIP, and other third-party data, is the intellectual property of the respective rights holders. The Provider uses this content under applicable licensing arrangements or for educational purposes as permitted by law. Users may not extract, reproduce, or redistribute such third-party content outside the Platform.
    10.4. User-Generated Content. By submitting content to the Platform (including but not limited to reviews, ratings, comments, profile information, flight school listings, and forum posts), Users grant the Provider a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, translate, and distribute such content in connection with the operation and promotion of the Platform. Users represent and warrant that they have the right to grant this license and that their content does not infringe any third-party rights.
    10.5. Feedback. Any feedback, suggestions, or ideas submitted by Users regarding the Platform may be freely used by the Provider without obligation or compensation to the User.

    11. Acceptable Use Policy

    11.1. Users agree to use the Platform only for lawful purposes and in accordance with these Terms. In particular, Users must not:
    a) Technical Restrictions:
  • Attempt to gain unauthorized access to the Platform, its servers, databases, or any associated systems or networks.
  • Use automated tools, bots, scrapers, crawlers, or any other automated means to access, extract, download, index, or collect data or content from the Platform without the Provider’s prior written consent.
  • Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or underlying technology of the Platform or any of its components, including the simulator logic, AI models, or scoring systems.
  • Interfere with, disrupt, or impose an unreasonable load on the Platform’s infrastructure, servers, or networks.
  • Circumvent, disable, or interfere with any security features, access controls, usage limits, or digital rights management measures of the Platform.
  • Use the Platform’s API or WebSocket interfaces in any manner not expressly authorized by the Provider.
  • Probe, scan, or test the vulnerability of the Platform or any associated system or network.
    • b) Content and Conduct Restrictions:
  • Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Submit false, misleading, or fraudulent information, including in reviews, ratings, profiles, or registration data.
  • Use the Platform to distribute spam, unsolicited communications, or advertisements.
  • Infringe upon any intellectual property rights, privacy rights, or other rights of any third party.
    • c) Commercial Restrictions:
  • Use the Platform or any content obtained from the Platform for any commercial purpose not expressly authorized by the Provider, including but not limited to reselling access, republishing content, or creating competing products or services.
  • Share, transfer, or sublicense your account credentials or subscription access with or to any unauthorized third party.
  • Systematically download, store, or redistribute training materials, questions, scenarios, or other content from the Platform.
  • Use the free tier of the Platform for commercial purposes, including but not limited to flight school operations, without a separate organizational license.
    • 11.2. The Provider reserves the right to investigate any suspected violation of this Acceptable Use Policy and to take appropriate action, including but not limited to issuing warnings, temporarily or permanently suspending or terminating accounts, removing content, and reporting violations to law enforcement authorities.

    12. Account Suspension and Termination

    12.1. Suspension. The Provider may temporarily suspend a User’s access to the Platform without prior notice if:
  • The User is in material breach of these Terms, including the Acceptable Use Policy.
  • There is a reasonable suspicion of unauthorized or fraudulent activity on the User’s account.
  • Suspension is necessary to protect the security or integrity of the Platform or other Users.
  • Required by law or by a lawful order of a competent authority.
    • 12.2. Termination by Provider. The Provider may permanently terminate a User’s account if:
  • The User commits a material breach of these Terms that is not cured within 14 days of receiving written notice (where the breach is capable of being cured).
  • The User commits a material breach that, by its nature, cannot be cured (e.g., severe violations of the Acceptable Use Policy, fraud, or illegal activity).
  • The User’s account has been inactive for more than 24 months and the User does not respond to a reactivation notice.
    • 12.3. Termination by User. Users may terminate their account at any time by contacting support@learn-atc.com or through their account settings. Account termination does not entitle the User to a refund for any remaining subscription period.
    12.4. Effects of Termination. Upon termination:
  • The User’s access to the Platform and all associated services will be revoked.
  • Any active subscription will be cancelled without refund for the remaining period (unless termination is due to a material breach by the Provider).
  • The User’s personal data will be handled in accordance with Section 17 (Data Deletion) and the Privacy Policy.
  • Content submitted by the User (e.g., reviews, ratings) may be retained in anonymized form.
  • For organizational accounts, all associated Seat Holder accounts will be deactivated.

    • 13. Limitation of Liability

    13.1. Unlimited Liability. The Provider’s liability is unlimited for:
  • Damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
  • Damages arising from injury to life, body, or health.
  • Liability under the German Product Liability Act (Produkthaftungsgesetz).
  • Liability arising from the assumption of a guarantee (Garantie).
  • Any other liability that cannot be limited or excluded under mandatory applicable law.
    • 13.2. Material Contractual Obligations. In cases of slight negligence (einfache Fahrlässigkeit), the Provider’s liability is limited to breaches of material contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten), i.e., obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the User regularly relies. In such cases, liability is limited to the foreseeable, typically occurring damages at the time of contract conclusion. For paid subscriptions, this shall not exceed the total fees paid by the User in the 12 months preceding the event giving rise to the claim.
    13.3. Exclusion of Liability. Subject to Sections 13.1 and 13.2, the Provider’s liability for damages caused by slight negligence is excluded.
    13.4. Platform Availability. The Provider shall not be liable for any damages arising from temporary unavailability of the Platform due to maintenance, updates, technical failures, force majeure events, or circumstances beyond the Provider’s reasonable control.
    13.5. Third-Party Services. The Provider shall not be liable for the availability, accuracy, or functionality of third-party services integrated into or linked from the Platform, including but not limited to Stripe (payment processing), OpenAIP (aerodrome data), Google (authentication), and Firebase (push notifications).
    13.6. Content Accuracy. Without limiting Section 3, the Provider shall not be liable for any damages arising from inaccuracies, errors, or omissions in Platform content, including but not limited to simulator responses, training materials, question bank content, aerodrome data, or AI-generated outputs. Users are solely responsible for verifying information against official sources.
    13.7. Limitation Period. To the extent permitted by law, claims against the Provider shall become time-barred 12 months after the User became aware of the circumstances giving rise to the claim, unless mandatory statutory provisions provide for a longer limitation period.

    14. Indemnification

    14.1. Users agree to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
  • The User’s violation of these Terms.
  • The User’s use of the Platform in a manner not authorized by these Terms.
  • Content submitted or transmitted by the User through the Platform.
  • The User’s violation of any applicable law or regulation.
  • Any third-party claim arising from the User’s use of the Platform.
    • 14.2. For organizational accounts, the organization’s indemnification obligation extends to the actions and omissions of all Seat Holders within the organization.

    15. Data Protection

    15.1. The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection legislation.
    15.2. Details on the collection, processing, storage, and protection of personal data are set out in the Provider’s Privacy Policy, available at learn-atc.com/privacy.
    15.3. By using the Platform, Users acknowledge that they have read and understood the Privacy Policy.
    15.4. For B2B Users requiring a Data Processing Agreement (DPA) under Art. 28 GDPR, please contact support@learn-atc.com.

    16. Cookies and Local Storage

    16.1. The Platform uses cookies and local storage (localStorage) to ensure the proper functionality of the application, maintain user sessions, and store user preferences.
    16.2. Details on cookie usage are provided in the Privacy Policy. Users may configure their browser settings to manage cookies; however, disabling cookies or local storage may impair the Platform’s functionality.

    17. Data Retention and Deletion

    17.1. Upon account termination or deletion, the Provider will delete the User’s personal data in accordance with Art. 17 GDPR, unless retention is required or permitted by applicable law (e.g., for tax, accounting, or legal compliance purposes).
    17.2. Data subject to legal retention obligations will be blocked from further processing and deleted upon expiry of the applicable retention period.
    17.3. Anonymized or aggregated data that can no longer be attributed to an individual User may be retained indefinitely for statistical, analytical, or product improvement purposes.
    17.4. Users may request deletion of their personal data at any time by contacting support@learn-atc.com. The Provider will process such requests without undue delay, and in any event within 30 days, subject to applicable legal retention obligations.
    17.5. For organizational accounts, the organization is responsible for managing its own data retention policies for Seat Holder data, in compliance with the applicable DPA.

    18. Communication

    18.1. The Provider may communicate with Users via email, in-app notifications, push notifications (where enabled), or through the Platform’s support chat.
    18.2. Transactional communications (e.g., account verification, payment confirmations, subscription notifications, security alerts) are essential to the provision of the service and cannot be opted out of while maintaining an active account.
    18.3. Users may manage their notification preferences through their account settings.
    19.1. The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by the Provider.
    19.2. The Provider has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.
    19.3. Users access third-party services at their own risk and should review the applicable terms and privacy policies of such services.

    20. Changes to These Terms

    20.1. The Provider reserves the right to modify these Terms at any time.
    20.2. Users will be notified of material changes at least 30 days in advance via email to the registered email address and/or through a prominent notice on the Platform.
    20.3. If a User does not agree to the modified Terms, they may terminate their account before the changes take effect. Continued use of the Platform after the effective date of the modified Terms constitutes acceptance of the updated Terms.
    20.4. The Provider will maintain an archive of previous versions of these Terms, which may be requested by contacting support@learn-atc.com.

    21. Dispute Resolution

    21.1. Amicable Resolution. The Provider encourages Users to contact support@learn-atc.com to resolve any disputes or complaints amicably before initiating formal proceedings.
    21.2. EU Online Dispute Resolution. In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform, accessible at https://ec.europa.eu/consumers/odr. The Provider’s email address for this purpose is: support@learn-atc.com.
    21.3. Participation in Dispute Resolution. The Provider is not obligated to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) and does not currently participate in such proceedings, unless required by law.

    22. Governing Law and Jurisdiction

    22.1. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of laws rules of German private international law.
    22.2. For B2B Users and disputes with Users who are merchants (Kaufleute), legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Siegen, Germany.
    22.3. For B2C Users, the statutory provisions regarding jurisdiction apply. This means consumers may bring claims in the courts of their habitual residence or in Siegen, Germany, while the Provider may only bring claims against consumers in the courts of the consumer’s habitual residence, unless mandatory consumer protection laws of the User’s country of habitual residence provide otherwise.
    22.4. Notwithstanding the above, mandatory consumer protection provisions of the country of the User’s habitual residence shall apply to the extent that they provide a higher level of protection.

    23. Severability

    23.1. If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
    23.2. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original economic intent and purpose of the invalid provision.
    23.3. The same applies to any unintentional gaps (Vertragslücke) in these Terms.

    24. Waiver

    24.1. No failure or delay by the Provider in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof.

    25. Entire Agreement

    25.1. These Terms, together with the Privacy Policy and any applicable Organizational Agreement or DPA, constitute the entire agreement between the User and the Provider regarding the use of the Platform.
    25.2. These Terms supersede all prior or contemporaneous oral or written communications, proposals, and representations between the parties with respect to the subject matter hereof.

    26. Assignment

    26.1. The Provider may assign or transfer its rights and obligations under these Terms to a third party, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, provided that the User’s rights under these Terms are not materially diminished.
    26.2. Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Provider.

    27. Force Majeure

    27.1. The Provider shall not be liable for any failure to perform or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the Provider’s reasonable control, including but not limited to natural disasters, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, cyberattacks, or failures of third-party service providers.

    28. Contact

    If you have any questions about these Terms, please contact us at:
    Clesk Digital GmbH
    Am Biehl 5
    57234 Wilnsdorf
    Germany
    Email: support@learn-atc.com
    Phone: +49 271 3388 5017