These Terms of Use and Service (“Terms”) govern any and all use of the Learning online platform available at academy.chaos.com (“Platform”) by you, as users of the Platform (“you” or “Users”), including any use of, or access to, the digital content available through the Platform, such as educational courses (“Courses”), tutorials, webinars or additional content and services that may be offered through the Platform from time to time (Courses, content and services hereinafter jointly referred to as the “Services”).
The Platform is administered by, and the Services are provided by Chaos Software GmbH, …………. (“Provider”, or “we”, “us”, and “our”).
Please, read these Terms and any applicable product specific terms carefully. By accessing the Platform, including registration and creation of a user account (“User Account”), you agree to be bound by these Terms. If you do not agree with the Terms or product specific terms, do not register, or access the Platform, download, or use the particular Service that is subject to the terms that you dissent with. Any access to the Platform or taking benefit of the Services is deemed your full and unconditional acceptance of these Terms and any applicable product specific terms, Course descriptions, operating rules, policies, or procedures (including but not limited to, the general terms available at https://www.chaos.com/terms as well as any additional terms referred to therein by means of internal hyperlinks, or any other successor website) that may have been communicated to, or made available for access by, you. These documents are part of the agreement between you and us in respect to provision of the relevant Services and any access and use of the Platform (the “Contract”).
GENERAL DESCRIPTION OF THE PLATFORM
Through the Platform, Users may enroll in educational courses, view free content, or potentially, sign up for Services.
The Platform is based on a learning management system, and may be artificial intelligence driven or boosted, allowing us to set up a complex online learning management environment and deliver you our know-how through it. You and Users explicitly confirm you have both accepted the use of artificial intelligence, and waive any rights, disclaimers and claims with this regard.
Although we strive to optimize the Platform for modern browsers such as Mozilla Firefox, Google Chrome, Apple Safari, Microsoft Edge, as well as your mobile browser such as Mobile Safari and Google Chrome, there may be browsers which may be incompatible, generally, with our Platform, and, particularly, with any or all of our Courses or Services.
Courses are primarily designed to support Users while improving or gaining skills in our proprietary software applications (“Product(s)”). Courses might consist of, but will not necessarily include, various learning materials, such as eLearning, video tutorials, tests, and guidelines, which may be aptly structured into chapters and lessons as per our design.
REGISTRATION WITH THE PLATFORM, USER ACCOUNT
To access the services in the Platform, you need to have enabled your access to internet and an internet browser which is compatible to the Platform, register on-site, and open a User Account first.
Registration does not constitute your acceptance of, or obligation to sign up for any paid Services, unless you choose otherwise.
Only personal data marked as required in the registration form are mandatory. You may be enabled to fill in further details to set up your profile, in which case any such details are voluntary.
To complete the registration, a username and a password needs to be filled in. We recommend that strong passwords be created by various combinations of letters, numbers, and symbols.
Registered User Account is active only after being approved by the Platform administration.
User Accounts are not transferable. Each User is responsible for retaining the secrecy and non-disclosure of his/her password from third parties. Users shall be considered responsible for the acts or omissions through the User Account, unless until we are notified of any unauthorized access or use of the User Account. Please note that your rights hereby are granted to you for your own personal use only (intuitu personae), and you must not share your User Account credentials to anybody else. Otherwise, you might be responsible in case of misuse of our proprietary materials or otherwise rights.
Your personal data are processed by us in order to provide you the Services. Personal data are not visible to other Users and are not transferred to third parties. Our Privacy Policy (available at https://www.chaos.com/privacy#privacy-policy, or any other successor website) will regulate on any processing of your personal data.
Where a User is a legal entity, the person that creates the User Account warrants that he/she has the necessary legal capacity and power to act on behalf of and represent the legal entity.
User understands and acknowledges that he/she should provide only information and data that is true, accurate and updated, as well as lawfully acquired, and to keep this information and data updated at all times. The Platform does not necessarily audit or verify provided data and information, nor is it obliged to do so. However, we reserve the right to ask Users for more information in order to clarify or support submitted data and to resume registration in the meantime.
We reserve the right to suspend and/or delete a User Account in case of:
User Account has been inactive for more than 6 months and no Subscription period is active on the User Account;
No Services have been purchased in the last 6 months and no Subscription period is active on the User Account;
False or inaccurate information has been provided by the User;
Violation of the present Terms or any product specific terms;
Any negligent or wilful misconduct committed by the User, which could damage or harm in any way the Platform or the Provider (e.g. operation of the Platform, our trade name, reputation, intellectual property rights, unfair competition act, etc.).
We shall not be liable for any damages caused by deletion of a User Account in such cases.
Users may decide to delete their User Account at any time. Request to a permanent termination of the User Account must be filed through User Profile (Section: Privacy and Policies) and will be processed without undue delay. By deleting a User Account, User understands that he/she will no longer be able to make use of the Services provided through the Platform, including Courses. No refund shall be granted in such case.
PROVISION OF CONTENT AND SERVICES
Services or Courses are provided free of charge, or in return for fees designated on the Platform. We may provide other Services on the Platform from time to time.
The content available on the Platform (such as Course content – tutorials, audiovisual works, audio files, guidelines, diagrams, manuals, tests, other learning material, etc., and also any similar freely accessible material) is licensed to you, not sold. By enrolling to a Course, you are granted a personal, limited, non-exclusive, non-transferrable and non-negotiable right to view and use the Course content for your personal educational purposes for a predetermined period (“Subscription period”). Subscription period is specified in the Course description, when applicable. After the Subscription period has expired or been prematurely terminated, you will not be able to access the Course content anymore, irrespective of whether you managed to complete the Course during the Subscription period, or not. Except for that, for the duration of the Subscription period, you will have full access to the Course content, subject to prerequisites of the Course (e.g., you may need to pass a test after each lesson in order to unlock the next lesson, etc). The same applies adequately to additional Services, unless stated otherwise.
Unless expressly specified otherwise, no right (licence) to use our Product(s) is not included with the Courses or other Services, even where such licence is integral to the practical application, use, or successful completion of the Courses or other Services that you signed up for.
Services are provided subject to full upfront payment of the designated fees, unless specified otherwise in the Platform.
Before enrolling to a Course, we recommend that you read full Course description and consider all Course requirements and required level of skills to satisfactorily navigate through the Course. We strongly advise that you view any introductory videos and learning material samples, in order to consider suitability of the Course for your needs.
If you are a consumer, you acknowledge that we will make a Course available to you before the fourteen-days, or otherwise as prescribed by the applicable law, withdrawal period has ended. Please, note that in such case you are not eligible to withdraw from a Contract or entitled to any fee refund, in case of paid Services or Courses.
After completion of a Course, an individual certificate confirming completion of the Course may be issued to you. The certificate is valid for a specified period (unless stated otherwise, 2 years after completion of the Course), or as indicated on the certificate itself or within our general guide regulating on certificates.
PAYMENT FOR THE SERVICES
Whenever we are offering paid Service, we may charge you the applicable Service fees as instructed in the Service description.
In respect to any Service fee payment, and unless stated otherwise, Services will be delivered upon demand only after the transaction has been processed, e.g. when our account has been fully credited.
We reserve the right to modify the scope of payment methods available, and change, discontinue, enhance, or alter features of available payment methods. In such case, we will provide you with instructions on how payments must be made at the time of the purchase.
All fees and expenses payable pursuant to these Terms and related terms shall be paid together with value added tax or any similar tax (if any) properly chargeable thereon.
MAINTENANCE OF THE PLATFORM & UPGRADES
We strive to keep the Platform and the Services up and running. However, all online services suffer from occasional disruptions and outages, our Services make no exception, and we shall have no liability for such downtime. In respect to scheduled maintenance, we will try to provide you with advance notice of any potential downtime. However, from time to time the Platform may be unavailable without notice, to allow urgent maintenance required, repairs, upgrades, etc. We will use commercially reasonable efforts to restore the Platform and the Services as promptly as possible.
We reserve the right to issue corrections or upgrades on the Platform and Services.
We reserve the right to, at any time, cancel, suspend, or shut down operation of the Platform.
INTELLECTUAL PROPERTY
Except as indicated otherwise, the Platform and all text, images, tutorials, videos, marks, logos, and other content contained therein, including, without limitation to, the logo and all designs, graphics, pictures, information, data, software, audiovisual works, tutorials, learning material, along with selection and/or arrangement of any such data into patterns, designs, collections (“collectively as “our Intellectual Property”), are proprietary to us or our licensors and protected by applicable intellectual property laws. You may not modify, reproduce, publicly display, broadcast, transmit, perform, copy, distribute any such information and material for public or commercial purposes except in accordance with these Terms and any related terms, exclusively for the purposes specified therein.
Except for the licence expressly granted to you by these Terms or related terms, nothing contained herein, or any Product specific terms shall be construed as a grant of any right or licence, express or implied, in or to any other intellectual property rights owned, licensed, or controlled by us.
You must not delete, hide, or alter any copyright, trademark or other similar signs and notices from copies of materials.
Tutorials, videos, learning materials, and other content may be protected by digital rights management (“DRM”) technologies. You must not remove, hide, or alter embedded signs, codes, or watermarks, or attempt to disable, circumvent, or obstruct DRM technologies.
REFUNDS & RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE
Unless expressly stated in these Terms or product specific terms, you are not eligible for any refunds for the Services you enrolled into. All payment obligations are non-cancellable, all amounts and fees paid are non-refundable and paid fees may not be transferred to or used for other Services.
We will refund purchase price if we cancel, suspend, or shut down operation of the Platform (see art. 6.3 of the Terms), however only in respect to the paid Services that have, at the time of the shutdown, not been provided yet. In respect to the paid Courses, we will refund purchase price only if the Courses have not been completed at the time of the shutdown (this means, when the certificate has been issued, or in any case, when the Subscription period has run out). No refund will be available for free of charge Courses or Services.
We represent and warrant that the paid Services, at the time of the purchase, shall be:
Of the quality and shall possess properties and features that have been declared, and in respect to Services or their particular features, where no such representations were made, that they shall be at least a of standard quality and shall have properties and features that are typical for digital content or services of the lowest level of the same type;
Without any deliberate defects.
A paid Service is defective when:
It is contrary to our representations and warranties;
It has defects that we have not informed you about unless such defects must have been clearly visible to you before the purchase even without directly informing you.
If you believe that the Service is faulty, you must assert your claim without undue delay after you had the first opportunity to assess the Service and discover the defect. In such case, you may contact us on the contact details below with your request, clearly specifying the defect.
In respect to remediable defects, you may demand either that they are rectified, or a reasonable price reduction. If the defect is non-remediable and the Service cannot be properly used as a result, you may either withdraw from the Contract, or demand a reasonable price reduction.
We refuse to indemnify you in any way, and waive any and all responsibility, for Services or Courses provided free of charge. “Free of charge” in the context of these Terms are any Services or Courses where you have not paid to us anything for the access to our materials, Courses or Services, and you take sole responsibility for your own charges for internet access, acquisition of an appropriate hardware system, relevant software package, and other applicable components which may be needed to access our Platform, Service or Courses.
LIMITATION OF LIABILITY
To the extent permitted by the applicable law, our cumulative liability for damages relating to, or resulting from, your use of the Service, or the Platform, shall in no event exceed the total amount of fees actually paid by you for the Services and use of the Platform for the term during which the loss or breach occurred (“Total amount”). You also understand and acknowledge that this Total amount shall be considered as a foreseeable loss that you may incur. This limitation cap shall not apply to damages caused by our wilful misconduct or gross negligence .
Notwithstanding anything in the foregoing to the contrary, to the extent permitted by the applicable law, we shall not be liable for any special, punitive, indirect or consequential damages such as loss of revenues or profits.
The Platform is provided on “AS IS” basis. Unless expressly stated otherwise, any express or implied warranties in respect to the provided Services and/or use of the Platform, including, but not limited to, the warranty of non-infringement or fitness for particular purpose, are disclaimed.
CHOICE OF LAW AND JURISDICTION
This section shall not deprive you of any mandatory consumer protection provisions under the law of the country to which we direct Services to you, where you have your habitual residence.
These Terms and all rights and obligations relating to these Terms, the Platform, and provision of Services, are governed exclusively by the material and procedure laws of Germany, excluding provisions regulating the conflict of laws.
The Parties shall attempt in good faith to settle amicably all disputes, controversies, and conflicts arising out of or in connection with these Terms, use of the Platform, and provision of Services.
Any claim or complaint that we receive in writing on the contact details provided herein will be evaluated with due care and attention and answered within 30 days after it has reached us.
Shall the amicable settlement according to the abovementioned not be possible, all such disputes arising out of, or in connection with these Terms, use of the Platform, and provision of Services shall be finally and exclusively decided by the competent courts of Düsseldorf, Germany. The right of either Party to claim injunctive relief before the courts competent under the applicable laws remains unaffected. Nothing in the foregoing will prevent us or our affiliates from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur. The prevailing party in any action to enforce these Terms will be entitled to fully recover its attorneys’ fees and costs in connection with such action.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BOTH PARTIES HERETO AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved by way of arbitration only before an arbitration court nominated upon mutual consent. The arbitrator(s) shall be empowered to grant whatever relief would be available in a court under law or in equity.
CONSUMER RIGHTS
Consumers have the right to withdraw from a contract within the statutory prescribed period from the contractual closing date, and in case of a contract of sale, from the date of the delivery of the goods. However, consumers may not withdraw from a contract on provision of services or digital content when such service has been fully performed or when access to the digital content has begun with Consumer’s prior consent before the end of the withdrawal period as agreed upon in the beginning of these Services.
All other consumer rights have been guaranteed hereby.
HOW TO CONTACT US
If you have any question, concern, or claim in respect to the Platform and the Services, you can contact us on the following addresses: academy@chaos.com
MISCELLANEOUS
Any communication between us, Contracts, information, and notices shall be made in English language, unless expressly agreed by us otherwise.
Our failure to enforce any right or provisions of these Terms or any related terms does not constitute a waiver of such rights for the future.
We reserve the right to modify from time to time these Terms or any related terms. In case the revision is material, we will provide at least 15 days’ notice prior to the amendments taking effect. If you do not agree with the amended terms, you have the right to terminate any affected Contract until the amended terms enter into effect. By continuing to access the Platform or use the Services thereafter, you agree to be bound by them.
You agree that any notice, disclosure, or other communications that we send to you electronically through the Platform or on your registered e-mail address will satisfy any requirements for legal communication, including that such communications be in writing.
Notices and other communications sent on e-mail address shall be understood delivered on the next business day after they have been dispatched. Notice delivered through the Platform to the User shall be understood to be delivered on the day the User signs in to his/her User account on the first occasion after the notice has been published on the Platform.
In case any provision of these Terms or related terms shall be deemed invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
These Terms and any other additional or ancillary terms, agreements, contracts, addenda, annexes, exhibits, policies, order forms, etc, as may be added by us hereto, by way of reference or otherwise, will constitute the entire agreement hereby. In case of conflict, the specific provisions stipulated in these Terms will prevail over any other contractual instruments the Terms may refer to, to the extent of such conflict. In case of conflict between these Terms and other contractual instruments which may refer to the Terms, the specific provisions of any such other contractual instruments will prevail over the provisions of the Terms, to the extent of such conflict.
You acknowledge and agree that the Service (including any data submitted by you in connection with a Service and any result generated by a Service) may be subject to the export control and trade sanctions laws, rules and regulations of the EU, UN, United States or elsewhere, and may be subject to the export control and trade sanctions laws, rules and regulations of other countries, including but not limited to countries where you are located or operate (hereinafter jointly referred to as the “Export Controls”). Both parties shall comply with the EU, UN, United States or elsewhere, Export Administration Regulations, and any other applicable export laws, restrictions, and regulations to ensure that the Service and any technical data related thereto is not exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. You further represent, warrant and covenant that neither you nor your Affiliates or personnel (i) are a citizen or resident of, or located within, a nation or region that is subject to EU, UN, United States or elsewhere, trade sanctions or other significant trade restrictions (including, without limitation, the Crimean peninsula, Cuba, Iran, Sudan, Syria and North Korea), (ii) are identified on any applicable government restricted party lists (including, without limitation, the U.S. Treasury Department's Sectoral Sanctions List and List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and Unverified List and the U.S. Department of State’s proliferation-related lists), (iii) will use Services in connection with any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear activities, chemical/biological weapons, rocket systems or unmanned air vehicles, or (iv) will use the Services to disclose, transfer, download, export, or re-export, directly or indirectly, any results generated by the Servicesor any other content or material to any country, entity, or party that is ineligible to receive such items under the export controls or other laws or regulations to which you may be subject to.
You understand that we may assign, transfer, or subcontract our rights or obligations under these Terms or performance of the Services to third parties.
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