1. Subject of the Agreement
IU Internationale Hochschule GmbH (hereinafter referred to as “IU”) commits to providing a mobile device (hereinafter referred to as the “device”) free of charge, as specified in the data sheet of the underlying contract, to the user for the duration of the contract. The model type and specifications of the device are determined based on availability at the time of handover. The user explicitly has no entitlement to a specific model variant.

IU grants the user a temporary, non-exclusive, non-transferable, and non-assignable right to use the device and any pre-installed software and/or applications during the term of this agreement, provided that IU has obtained these rights under a lease-purchase agreement and is authorized to transfer such rights.

To execute this agreement and provide the device, the user must verify their identity through a service provider appointed by IU and complete a data verification process with an official identification document.

The device is intended for use in studies or further education. The user is informed that, in order to maintain IU's IT security or to manage return, repair, transfer processes, or in case of loss, it may be necessary to access the device, the pre-installed apps, and stored data, or to delete data. Further details are provided in Section 8. The user will not be specifically notified of such access, either before or after it occurs. In this context, private data stored on the device may also be accessed. The user is responsible for independently ensuring that private data is securely backed up (e.g., in the cloud or on an external hard drive). This is essential, as maintaining IU's IT security or managing return, repair, or transfer processes may require the device and/or apps to be deleted and/or reset to factory settings. In such cases, all data on the device, including privately downloaded apps and personal data, will be irretrievably deleted. IU is not liable for any costs arising from the irretrievable loss of user data or any attempts at recovery caused by such deletions. This also applies if the return or repair process requirements are not followed and unprotected data remains on the device at the time of return.

The provided device does not have to be new and may show signs of use.

The device will be delivered to the user by Gesellschaft für digitale Bildung mbH (- IU Project - Obenhauptstraße 15, 22335 Hamburg) to an address specified by the user within DHL Zone 1 (see Section 2.1).

The user is explicitly informed that direct shipping outside the European Union or to one of the regions listed in Section 2.1 is not possible and agrees to bear any resulting additional costs. If the user resides outside DHL Zone 1 (see Section 2.1), they are responsible for arranging onward shipping of the device and covering the associated costs for delivery to the final address.

If the device is not delivered on time or in accordance with the agreement, the user has no rights or claims against IU.

2. Term of Provision
2.1 Start and Shipping

The device will be shipped to the user no later than two weeks after the start of the program at IU, provided the device is available from the delivering service provider at that time.

Shipping is generally only possible to addresses within DHL Zone 1, which is within the EU, with the exception of the following regions:

Faroe Islands, Greenland; Åland Islands, Finland; overseas territories and departments of France; Mount Athos, Greece; Livigno and Campione d'Italia, Italy; Canary Islands, Ceuta, and Melilla, Spain; overseas and non-European territories of the Netherlands; the northern part of Cyprus, and Malta.

2.2 End of Contract

This agreement ends at the latest with the expiration of the underlying contract for studies or further education. In such cases, the device must be reset and returned in functional condition, with its original packaging and accessories, within one week after the contract ends. If the device is not returned within the set deadline, IU assumes that the user wishes to keep the device. In this case, the user will be invoiced for the current market value of the device as of the due date for return. The invoice must be paid within 14 days of receipt. Upon payment, ownership of the device transfers to the user. IU expressly reserves the right to claim additional damages and/or further costs, which may include invoicing, reminder, and collection costs.

If a study contract between IU and the user has been fulfilled in accordance with the terms and the program has been successfully completed, the user may retain the device at the regular end of the study contract. This does not apply to other types of contracts, such as further education contracts. In such cases, the device must be returned, both at the end of the contract and in the event of early termination, regardless of the reason.

3. Early Termination of Studies, Cancellation, Withdrawal; Return Obligation

IU is entitled to terminate this agreement without notice if the user breaches essential provisions of the contract, particularly if the user makes unauthorized modifications, copies, or distributions of the software and/or pre-installed applications provided with the device.

Termination of this agreement does not affect any other contracts between the user and IU.

In the event of the underlying contract being terminated by either party before the agreed term expires, or in the event of the underlying contract ending (provided it is not a study contract), the user must reset and return the device in functional condition, including the original packaging, case, accessories (e.g., cables), and any accompanying documentation or manuals, within one week of the contract's end. Failure to return the device on time, or at all, will result in IU invoicing the user for the current market value of the device as of the due date for return. For the regular termination of a study contract, the provisions of Section 2.2 apply.

The user is responsible for handing over the device to the shipping service provider and must initiate the return process via the service portal of Gesellschaft für digitale Bildung mbH.

For returns within Germany using UPS or DHL, IU will only cover the return shipping costs if the return process, as outlined at https://iu.gfdb.de/service/device, is followed, including generating and printing a prepaid return label via the provided link. For returns within DHL Zone 1 using DHL, IU will likewise only cover the costs if the return process is followed and the return label is generated and used accordingly.

Otherwise, the return must be carried out at the user's expense, and in any case, as insured and trackable shipping. Even in this scenario, the return process outlined at https://iu.gfdb.de/service/device must be adhered to.

The user is solely responsible for handing over the device to the shipping service provider for the return.

Detailed information on resetting the device can be found at https://support.apple.com/de-de/HT201274.

The user must ensure that no personal or other data remains on the device, and, if applicable, that the device is deregistered from their user/Apple ID and reset to factory settings.

If the underlying contract ends for reasons other than termination, the return obligation applies within one week of the contract’s end. This does not apply if the underlying contract is a study contract and the studies have been successfully completed.

If the user does not return the device in accordance with this agreement or the underlying contract after its termination, IU will invoice the user for the device's current market value pursuant to Sections 2.2 or 3. IU explicitly reserves the right to claim further damages.

4. User Obligations and Liability
4.1 Obligations
4.1.1 Inspection, Notification, and Information Obligations; Return Obligations

The user is obligated to immediately inspect the received device for defects, completeness, and compliance with the terms agreed upon in this contract. Any complaints must be reported to IU in written form within three days.

Later occurrences of defects, accidental loss, destruction, total damage, or loss of usability must also be reported to IU in written form within three days. In such cases, IU reserves the right to claim compensation based on the device's current market value at the time of the event.

In the event of a reported loss, IU will, to the extent possible, block the device and render it unusable for further use.

4.1.2 Usage and Maintenance Obligations of the User

The user agrees to use the device carefully and adhere to the care and usage recommendations of the manufacturer. This includes the regular installation of recommended updates.

The user is responsible for maintaining the device in a proper and functional condition at their own expense, including initiating necessary repairs exclusively via the link https://iu.smartsupport.de/service/device and having them carried out solely by Smart Support GmbH. Unauthorized repairs are not permitted.

After sending in and evaluating the device, the user will receive a repair offer, which they can either accept or decline. The repaired device will be returned to the user once the costs are settled. In the event of a refusal, no replacement device will be provided.

If unauthorized repairs are performed without involving the aforementioned service provider, IU reserves the right to repeat the repair and invoice the user for the associated costs. IU explicitly reserves the right to claim further damages.

4.2 Liability

The user is liable for all damages to the device and its accessories (particularly cables and chargers) and assumes the risk of accidental loss, misplacement, total damage, loss of usability, deterioration, premature depreciation, and other damages to the device and its accessories, including loss of market value.

This applies even if the damage was caused by a third party. Legal representatives and agents of IU are not considered third parties under this regulation.

The aforementioned events do not affect the study contract between the user and IU.

The user must promptly repair the device at their own expense through Smart Support GmbH and initiate the repair exclusively via the service portal.

If the user opts for repair, they must ensure that Smart Support GmbH restores the device to a contractual condition and provide proof of this to IU.

If the user enforces a warranty claim against Smart Support GmbH and requests a replacement for a functional device, IU agrees to the exchange of the previous device for an equivalent and similar one. In this case, the user must specify a delivery address within DHL Zone 1 (see Section 2.1). Ownership of the replaced device remains with IU.

5. Technical Defects

In the event of a technical defect in the device, it is the responsibility of the user to assert warranty or guarantee claims against the leasing company or the manufacturer. These claims can be initiated via the following link: https://iu.smartsupport.de/service/device.

For defective batteries or accumulators, a replacement within the warranty period will be carried out free of charge exclusively by Smart Support GmbH.

Outside the warranty period, the user is required to register the device with Smart Support GmbH through the service portal and have the defective battery or accumulator repaired or replaced at their own expense. The decision regarding whether the device will be repaired or replaced lies with the service provider.

For damages outside the warranty and/or guarantee period, the provisions of Section 4 apply accordingly.

6. Liability of IU Internationale Hochschule

IU assumes no liability for damages, loss, or destruction of the device and its accessories, even if the damage is caused by a third party.

All claims and rights of the user against IU for material or legal defects of the device or its lack of usability are excluded at all times.

If the device is sent to Smart Support GmbH for repair, IU is not obligated to provide a replacement device for the duration of the repair.

In the event of data loss during repair or replacement, IU accepts no liability for the loss of the user's data.

7. Offset, Retention, Subletting, or Assignment

An offset or right of retention by the user regarding the device due to personal claims against the IU's demands is not permitted.

The user is not authorized to transfer possession or ownership of the provided device or to pledge or assign usage, rights, or any other claims arising from this contract.

8. Data Protection

The device may contain pre-installed management software, pre-installed applications, and IU-specific applications designed to maintain essential standard apps up to date and to lock the device in case of loss. To this end, some of the user's data may be transmitted to and processed by the selected provider of the management software and/or application(s). The corresponding privacy notices and information about the providers IU collaborates with can be found here: https://www.iu.de/personenbezogene-daten-geraetemanagement/. In the case of studying at IU, further information on the processed data and additional privacy notices can be found in the attached information letter. The information can also be viewed here:

-          - https://www.iu-fernstudium.de/personenbezogene-daten

-          - https://www.iu.de/personenbezogene-daten

If using another IU service, further information on the processed data and additional privacy notices can be found in the attached information letter. Information about further education at IU can also be viewed here: https://www.iu-akademie.de/personenbezogene-daten/.

9. Jurisdiction and Final Provisions

German law applies to all claims arising from or in connection with this contract. In the event that the user relocates their residence or habitual place of residence outside the Federal Republic of Germany after the conclusion of the contract, or if their residence or habitual place of residence is not known at the time of filing the lawsuit, the jurisdiction of the German court responsible for the location of IU is agreed upon for all disputes arising from or in connection with this contract, in accordance with § 38 (3) ZPO (German Code of Civil Procedure) (District Court Erfurt, Regional Court Erfurt). For those individuals who do not have jurisdiction in the Federal Republic of Germany at the time of contract conclusion or during the contract period, the jurisdiction of the court responsible for the location of IU is also agreed upon, in accordance with § 38 (2) ZPO.