CONVENIENCE TRANSLATION: only the German language version shall be legally binding and prevail
Terms of Use for Using the Feedback System 'LEAP'

General Terms of Use for the Use of the Feedback System 'LEAP' (hereinafter referred to as 'Feedback System') of the Chair of Didactics of Physics at the Ludwig Maximilian University of Munich (hereinafter referred to as 'LMU').

Preamble

The Chair of Didactics of Physics at Ludwig Maximilian University of Munich ('Operator' or 'System Operator') provides an automated feedback system via LMU's information processing infrastructure. This system is used by teachers and researchers to create tasks where automated feedback is provided to learners using a language model. The creation of exam tasks is not supported. These Terms of Use govern the conditions under which the services can be used. For reasons of better readability, the simultaneous use of male, female, and diverse language forms is omitted. All personal designations apply equally to all genders.

The Terms of Use

• highlight the rights of third parties that must be respected (e.g., data protection aspects),
• obligate the user to behave correctly and to use the offered resources economically,
• and provide clarification on potential measures by the operator in case of violations of the user guidelines.

§ 1 Purposes of Use

The feedback system may be used for the creation of tasks in which automated feedback is provided to learners using a language model. The creation of exam tasks is not supported. It may also be used to work on the created tasks.

§ 2 Scope

These Terms of Use apply to the feedback system LEAP offered by the Chair of Didactics of Physics at Ludwig Maximilian University of Munich. They apply to all users of the feedback system and are applicable to both registered users and unregistered visitors.

§ 2.1 Registration on the Feedback System

Use of this system is only permitted for users over the age of 16. If you or other persons to whom you provide a link are under the age of 16 and need to use the feedback system, you must obtain the written consent of their legal guardians, explaining the data processing and their rights. To register, you must create an account by providing your email address and a password.

§ 3 Duties and Rights of the User

1. By registering, the user is granted a non-transferable, simple right to use the feedback system.
2. All other uses of the feedback system than those described in § 1 — particularly private and/or commercial uses, as well as use for marketing purposes or profiling within the meaning of the GDPR — are explicitly prohibited.
3. All users of the feedback system are prohibited from storing, further processing, modifying, suppressing, or deleting personal data without authorization. The storage space provided to the user may only be used to process the created content in line with the intended use of the feedback system. Any other use is prohibited.
4. The user is obliged to ensure the responsible and economically sensible use of the available resources. The user is obliged to avoid foreseeable disruptions to operations and to do their utmost to avoid causing damage to the feedback system or to other users.
5. The user must refrain from any kind of misuse of the feedback system.
In particular, the user is obligated,
1. to protect access to the feedback system by keeping the password confidential; sharing of usernames and passwords is generally not permitted;
2. to take precautions to prevent unauthorized third parties from accessing the feedback system; this includes avoiding simple, obvious passwords, changing passwords regularly, and remembering to log out.
The user is fully responsible for all actions carried out under their user credentials, even if these actions are performed by third parties to whom they have negligently provided access.
6. The user is also obligated,
1. to comply with the legal regulations (copyright protection, privacy laws) when using software (sources, objects), documentation, and other data;
2. and in particular, not to copy, distribute, or use software, documentation, and data for any purposes other than those permitted, especially not for commercial purposes, unless expressly permitted.
3. to check when linking to external websites that they do not contain unlawful content and that the link does not otherwise violate applicable law, such as by circumventing protective measures.
7. The feedback system may only be used in a manner that complies with criminal law. The following behaviors are particularly punishable under the Penal Code:
1. Probing foreign passwords, spying on data (§ 202a StGB);
2. Unauthorized alteration, deletion, suppression, or rendering data unusable (§ 303a StGB);
3. Computer sabotage (§ 303b StGB) and computer fraud (§ 263a StGB);
4. The dissemination of propaganda materials of unconstitutional organizations (§ 86 StGB) or racist ideologies (§ 131 StGB);
5. The dissemination of pornographic content online (§ 184 paras. 3 and 4 StGB);
6. Honor offenses such as insult, defamation (§§ 185 ff StGB).
7. Users may not upload content to the feedback system that violates legal provisions, including pornographic, obscene, defamatory, slanderous, insulting, threatening, inciting, or racist content.
8. Uploading content for the purpose of advertising of any kind, as well as transmitting information containing malware, such as a virus, bug, manipulation, or similar harmful elements, is prohibited, as is uploading content that damages the reputation of LMU, its associated faculties or departments, or the University Hospital Munich (KUM).

§ 3.1 Special Obligations Regarding Personal Data

In the course of tasks, you may have access to personal data, such as the names and responses of task solvers. It is also possible that particularly sensitive data, including those of children and adolescents, may be found in the learning materials used for research and teaching purposes. All users are obligated to treat data of other users and the corresponding personal data they have access to with strict confidentiality and to refrain from unauthorized sharing or improper processing. Processing based on law or written consent from the individual remains unaffected. Special categories of personal data (e.g., patient data/health data) may only be entered into the system in accordance with the GDPR and other legal requirements, with explicit written and valid consent from the individual. There is an obligation to prioritize the use of anonymized or pseudonymized data.

§ 3.2 Copyright

All materials uploaded to the feedback system are protected by copyright, unless otherwise explicitly stated. As a task creator, you have the option of transferring the copyright of the created tasks to the Chair of Physics Education. This makes the content available to other task creators and for research purposes. This means that the content is intended for personal use in the context of task completion and may not be shared with third parties or copied or modified without the written consent of the author. This also applies to materials that are individually or jointly created by participants during task completion. Regardless of copyright protection, all users agree that personally created materials may be used for task purposes. The Chair of Physics Education reserves the right to delete tasks that violate legal provisions and to exclude users from task creation, as well as to take further legal action if necessary.

§ 3.3 Duties of Users with Extended Rights (e.g., Task Creators)

Users with extended rights (e.g., task creators) have broad rights to create and manage their content and must comply with legal requirements. The following points are particularly important:

§ 3.3.1 Responsibility

Task creators are responsible for the legal compliance of the configuration, content, and operation of their tasks.

§ 3.3.2 Access Control

Content on the feedback system can be made available to the public or offered to a restricted user group, depending on the method used. System administrators with access control rights are obligated to regularly (at least once per semester) review and, if necessary, adjust or update the roles and rights they assign (e.g., roles, rights assignment). Legal requirements, particularly those regarding the use/provision of copyrighted works (UrhWissG) and the collection, processing, and availability of personal data (GDPR), must be adhered to. Extended rights may only be granted to individuals authorized to have such rights (e.g., through an employment contract related to the duties).

§ 3.3.3 Storage of Legally Relevant Exam Data

Legally relevant exam data (including exam dates) may not be stored exclusively on the feedback system, as it is a voluntarily used platform. The feedback system must not be used as an exam archive. Participant-related data (including task solvers) are assigned to the respective task creator and will be lost if the database or the user profiles of the task creators are deleted. Therefore, it is not possible to comply with the necessary retention obligations for the administration of exam performance, nor can sustainable storage over several years be guaranteed.

§ 3.4 Duties of Task Creators

Task creators are required to regularly (at least annually) check whether tasks and content areas under their responsibility are still needed and used. The feedback system does not offer permanent archiving of tasks. If a task is no longer needed, the task creator can back up the content and then promptly delete the tasks.

§ 4 Additional Regulations

§ 4.1 Liability on the Part of Users

1. In case of violations of legal provisions or the terms of these usage guidelines, especially § 3 (Duties and Rights of the User), the system operator may restrict or entirely revoke the user’s access rights. Whether or not the violation caused damage is irrelevant.
2. In the case of serious or repeated violations, a user may be permanently excluded from using the feedback system.
3. The system operator expressly reserves the right to pursue criminal prosecution as well as civil claims.
4. If a user culpably violates the terms of service or legal obligations, they are liable for the damage caused in accordance with legal regulations. Additionally, liability under labor or civil law, criminal law, or administrative offenses law is possible.

§ 4.2 Exclusion from Use

If there is a violation of the terms of service, the user will be requested to cease this behavior immediately. If they do not comply, they will be temporarily or permanently excluded from the feedback system by the administrators. There is no entitlement to re-admission. A prerequisite for re-admission is, among other things, a written application with a credible assurance that the abusive behavior will be discontinued in the future and that any damage has been rectified.

§ 4.3 Liability of the Physics Didactics Department at LMU Munich

1. The system operator does not guarantee that the system functions will meet the user's specific requirements or that the system will run error-free and without interruptions. The system operator cannot guarantee the integrity (with regard to destruction, manipulation) and confidentiality of the data stored on the system.
2. The system operator is not liable for any kind of damage arising from the user's use of the feedback system; this excludes intentional behavior by the system operator or individuals employed to fulfill its tasks.
3. The Physics Didactics Department of LMU Munich, as the operator of the feedback system, is only liable for grossly negligent or intentional breaches of duty.
4. The Physics Didactics Department of LMU Munich must be indemnified by users from third-party claims due to copyright violations committed by users of the feedback system upon first request.
5. Liability for personal injuries follows from the law.

§ 4.4 Amendment of Terms of Service

The Physics Didactics Department of LMU Munich reserves the right to expand or modify these terms of service and the data protection provisions. Users of the feedback system will be continuously informed of any changes to the terms of service or data protection provisions. The currently valid terms of service and data protection provisions are published on the feedback system.

§ 4.5 Legal Validity

These statements are to be regarded as part of the website from which reference was made to this page. Should parts or individual formulations of this text not, no longer, or not fully comply with the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.

§ 5 Miscellaneous Provisions

1. The legal venue for all legal claims arising from the user relationship is Munich.