General Terms and Conditions of the company macils management-centrum gmbh

1 Scope of Application

These General Terms and Conditions (the "GTC") apply to the conclusion of contracts between macils. management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart (hereinafter referred to as "macils") and users or customers of the Share2Perform platform. 

The offer of the "Share2Perform" platform is directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter referred to as "Entrepreneurs") as well as consumers within the meaning of Section 13 of the German Civil Code (hereinafter referred to as "Consumers").

A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.

An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

All deliveries and services within the scope of the "Share2Perform" platform are provided by macils. management-centrum gmbh exclusively on the basis of these General Terms and Conditions.

We do not recognise any general terms and conditions of the customer that deviate in whole or in part from these General Terms and Conditions unless we have expressly agreed to them in writing. These General Terms and Conditions shall also apply exclusively if we render our services without reservation in the knowledge of conflicting General Terms and Conditions of the customer.

Macils is entitled to amend or supplement these General Terms and Conditions with reasonable notice. The customer has the right to object to such a change. If the customer does not object to the amended terms and conditions within 4 weeks after receipt of the notice of amendment, they shall become effective in accordance with the notice.


2 The platform

2.1 The Platform is accessible on the Internet at https://www.share2perform.com and, where applicable, via software applications that Share2Perform makes available for use with computers and mobile devices (apps).

2.2 Share2Perform makes the working world of the future tangible. The platform offers training and learning content from our selected best practice partners as well as learning journey events. Some of the content can be accessed digitally (e-learning), some is offered as a live stream at specific times (events and learning journeys) and some can be booked as live events and attended on site (learning journeys, trainings and events).
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2.3 Users can register for their own password-protected area on the website ("user account"). The user must keep his access data to his user account secret and may not pass them on to third parties. Users are obliged to provide all data required for registration and use of the platform completely and truthfully and to update this data in the event of changes.


3 Contractors & Roles

3.1 Single user

Individual users are customers of our platform who have created a user account. Various products can be purchased and stored in this account. The respective access authorisations or participations are limited to this person as a user.

3.2 Companies

Companies are customers who use the platform's services with several employees. For this purpose, a registered coordinator can create users or register participants for events for the company within the scope of the agreed licences.

3.3 Best practice partners

Best practice partners provide content for the platform. They actively participate in the exchange of experiences and provide insight into their own implementation work. They make their experiences, documents and methodological know-how available via the trainings, e-learning and events. They train and coach the member companies in the implementation.

3.4 macils

Macils coordinates the best practice sharing between all participants on the Share2Perform platform, organises and moderates the events and the exchange of experiences and takes over the organisational management and further development of the learning journeys.


4 Content and products

4.1 E-Learning

In the area of e-learning, the platform provides content as downloadable courses. These consist of videos, texts, presentations and accompanying material. The content can be available on the platform permanently or only for a limited period of time and is regularly supplemented or replaced by macils with new content. In the course of the platform's further development, the categories are also adapted. The services of Share2Perform therefore do not include making certain contents or a certain number of contents permanently available. The retrieval of content takes place exclusively via the corresponding functions of the platform. For this purpose, the user concludes a corresponding subscription.

4.2 Events

The Events section offers events from the Learning Journeys, Management Sessions, Trainings and Transfer Workshops. This offer is partly live-streamed, partly offered as on-site events for visitors. Memberships are required for participation in learning journeys events. 

4.3 Individual events

Some events and trainings are offered as individual events. These can also be booked individually.


5 Content procurement

5.1 Contract of use

With the creation and login of a customer account, macils concludes a usage contract for the Share2Perform platform with the customer. This contract runs for an indefinite period of time, unless otherwise specified. Unless otherwise specified, the customer is entitled to terminate the user contract without giving reasons. After termination macils may delete the user account of the client with all content and services he may have posted. The client then has no access to already purchased contents. Should the client still have a current subscription at the time of deletion of his account or have booked an additional service whose term has not yet ended, any amount already paid by him will not be refunded - not even proportionally. 
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Macils is entitled to terminate the user contract without giving reasons with a notice period of two weeks in text form. Paid services will be refunded proportionately.

5.2 Subscriptions

Share2Perform offers subscriptions with different terms. The current price and subscription models for the purchase of content and the respective scope of services can be found on the website www.share2perform.com. Unless otherwise stated, all prices are in euros and include the applicable VAT.

Subscriptions are concluded exclusively via the corresponding functions of the platform. For this purpose, a user enters all data required for the conclusion in the respective masks and completes the registration by pressing the correspondingly labelled button. The user will then receive an e-mail confirmation of the conclusion of the subscription.

Subscriptions shall have the respective initial term specified on the Platform within the scope of their conclusion. Unless it is terminated by the User or macils in text form (e.g. by e-mail) at least 14 days before the expiry of the initial or extended term, the subscription shall be automatically extended by the period of the respective initial term, but in no case by more than one (1) year. Legal rights of both parties to extraordinary termination for good cause remain unaffected.

The payment process for the specified contribution takes place by means of the payment options specified on the Platform via external payment service providers to which the User may be redirected by the Platform.

The prices for subscriptions may be changed by macils with a reasonable notice period of at least one month. If the customer does not object to this change within this period, the change shall be deemed approved.

5.3 Use of the contents

The content is made available to users via their user account on the website and, if applicable, in the apps as a video stream. To play the video streams, there may be technical requirements that must be met by the user's terminal device, software and internet connection. The download and permanent storage of the content on users' end devices are not permitted.

Macils or its licensors are the sole owners of all rights in the Website, the Apps and the Content offered through the Platform.

Within the scope of the subscription, members receive a limited, non-exclusive, non-transferable and non-sublicensable right for the duration of their membership to access and view the content available on the platform in unchanged form for their own purposes on their end devices within the scope of the technical possibilities provided by the platform. Users are prohibited from copying the content (in particular by circumventing any existing copy protection) and making it available to third parties for use in any form online or offline.


6 Participation in events

6.1 Booking of events

Membership is required for participation in learning journeys. These memberships regulate the number of participations in different events as well as the number of persons participating. Companies appoint a coordinator who can book events and participants on the platform. Individual users (consumers) can book events in their account.

Individual events and workshops can be booked individually on the platform even without membership.

Share2Perform shall provide the customer with detailed information on the event, in particular on the scope of services, price and booking deadline, prior to booking. Insofar as the booking documents do not contain any provision, these GTC shall apply. Insofar as provisions in the booking documents deviate from those of these GTC, the former shall apply. 

The contract between macils and the customer regarding the participation in the event is concluded by macils confirming the customer's booking in text or written form. 

Macils sets a minimum and a maximum number of participants for all events. If there are more bookings than places available, macils will decide on participation in the order in which they are received.

As the events provide deep insights into the approaches of the best practice partners, macils expressly reserves the right to refuse participation for competitive reasons.

The amount of the participation fee can be found in the booking documents.     

6.2 Cancellations by the Client

If the customer cancels up to 4 weeks before the event, a processing fee of € 80 plus VAT will be charged. Thereafter, or in the event of non-attendance by the participant, the full participation fee will be charged. A substitution of the registered participant is of course possible. If possible, please inform us of the name change in advance.

The booking of learning tours and annual programmes cannot be cancelled by the client.   

6.3 Changes and cancellation of events

Macils reserves the right to change the event within reason for the client, in particular to replace announced speakers with others or to change the venue. 

Macils reserves the right to cancel the event for valid reasons, e.g. due to the inability of a speaker to attend, disruptions at the venue, closure of the venue, official orders or decrees or force majeure.  

If an event is cancelled, macils will refund the participation fee paid. Further claims are excluded. In particular, macils will not reimburse any costs in connection with services that the client or participant has booked with other service providers (e.g. hotels, tour operators) in connection with the event.

6.4 Personal rights

During our events, photographs will be taken and, if necessary, filmed. By taking part in the event, the customer or participant agrees that photographs and films may be taken of him or her during the event and that these may be used without restriction and free of charge in all known and unknown ways. The consent is not limited in time or space.

6.5 Declaration of confidentiality

All persons involved in events shall treat all information, business transactions and documents that become known on the occasion of the performance of the tasks as confidential towards third parties. This obligation shall remain in force even after the event has ended.

The workshop documents and other electronic content provided, e.g. source code in the context of exercises, etc., contain information and content protected by copyright and may not be used for any purpose other than for conducting the workshops and expanding the participants' knowledge. They may not be reproduced, processed or used for public reproduction without written permission.

Participants are not allowed to take photos or make video or audio recordings of the events.


7 Payment

Share2Perform offers the buyer different payment methods. These are: Paypal, credit card payment with Master- or Visacard, electronic direct debit, instant transfer or bank transfer.

If the customer purchases a subscription or a product or service that involves partial payments, then this is deemed to be a direct debit authorisation that the customer gives us. The amount of the payments to be made depends on the product purchased. Payment is due before the performance period. The prices and the agreed payment period are always clearly stated on our order form. In this case, this direct debit authorisation applies to the respective payment method used.

By mutual agreement, payment by invoice can be arranged. 

In the event of a revocation of the contractual declaration by the customer pursuant to § 7 or in the event of a reversal of the contract for other reasons, we shall refund the purchase price already paid. For this repayment we use the same means of payment that was used for the original transaction. In the event that a SEPA mandate is issued, simultaneous chargeback by the buyer is therefore not necessary.


8 Obligations of the customer

The customer warrants that the information provided by him is correct and complete. He undertakes to inform Macils without delay of any changes to the contact details provided and of any other data required for the performance of the contract (e.g. bank details). 

The customer shall manage his passwords and other access data conscientiously and take care to keep them secret. He is required to change his passwords regularly; if they are assigned to him, he will change them immediately. 


9 Warranty and liability

9.1 The client shall notify Macils of any defects without delay and shall support Macils to the best of its ability in any possible rectification of defects, in particular by taking all reasonable measures to ensure data security. 

9.2 Macils points out that according to the current state of technology it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against any manipulation by third parties. Macils does not guarantee that hardware and software used or provided by Macils meets the requirements of the customer, is suitable for certain applications, and further that it is crash-, error- and malware-free. 

9.3 Macils shall be liable, irrespective of the legal grounds, only in accordance with the following provisions. 

9.4 Macils shall be liable for intent and gross negligence in accordance with the statutory provisions. 

9.5 In the event of slight negligence, Macils shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligation). In these cases Macils shall only be liable to the amount of the foreseeable, contract-typical damage. 

9.6 In cases of slight negligence, liability for all other damages, in particular consequential damages, indirect damages or loss of profit, is excluded. 

9.7 The above limitations shall not apply in the event of injury to life, limb or health, or in the event of liability under the Product Liability Act. 

9.8 Insofar as the liability of Macils is excluded or limited, this shall also apply to the liability of Macils' employees, other staff, representatives and vicarious agents. 

9.9 Within the scope of application of the Telecommunications Act (TKG), the liability provision of § 44a TKG shall remain unaffected in any case. 

9.10 Macils does not guarantee that the services offered by the Platform will be continuously available and shall not be liable in any way for any failure of the Platform of any kind. 


10 Privacy

Share2 Perform processes personal data of the User/Customer and, if applicable, of the Participant in accordance with the data protection provisions, the current version of which can be found at www.share2perform.com.


11 Right of withdrawal for consumers

11 Right of withdrawal for consumers

If the customer is a consumer, he has the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, info@macils.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

11.2 Cancellation policy for the provision of services

If the buyer is a consumer, he has the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, info@macils.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to the contract compared to the total scope of the service provided for in the contract.

11.3 Model withdrawal form

If you wish to cancel the contract, please complete and return this form.

To macils management-centrum gmbh, Waldburgstr. 173, 70565 Stuttgart, info@macils.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) Delete as applicable.

Choice of law / Miscellaneous


12 Final provisions

Only German is available as the contractual language.

Place of jurisdiction and place of performance for all services is, as far as legally permissible, Stuttgart. German law shall apply. 

Amendments to contractual agreements made must be in writing. 

Should individual provisions of the GTC or the concluded contracts be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions or to fill any gaps, an appropriate provision shall be made which comes as close as possible to what the parties intended according to their economic purpose.

The Share2Perform platform is operated by the 

            macils management-centrum gmbh
            Waldburgstr. 173
            D-70565 Stuttgart

            Registernummer 16294
            Registergericht Stuttgart

In diesen AGB´s werden die Begriffe „Share2Perform“ und „macils“ beide als Vertragspartner verwendet. Dabei ist Share2Perfrom die Plattform und macils das betreibende Unternehmen.

Stand der AGB November 2020