Terms of use
for nele.ai
1. General and scope
1.1. The subject of these terms of use is the provision of the “certready.eu” training platform and the functions, websites, services and content associated with certready.eu (hereinafter collectively referred to as “certready.eu”). This includes the courses and training provided by certready.eu. The terms of use apply regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which certready.eu is run.
1.2. The provider of certready.eu is certready.eu GmbH, Unter den Linden 26, 35410 Hungen-Obbornhofen, Germany (hereinafter referred to as “certready.eu GmbH”).
1.3. By using certready.eu, customers and users agree to these terms of use.
1.4. Individual agreements or rules for specific services or areas of service, in each case effectively included, become part of the contract with the customer and take precedence in the event of a conflict with these terms of use.
2. Definitions of terms
2.1. certready.eu: “certready.eu” is a training platform that provides online courses, training materials, course videos, audio content as well as certification and control services. These services are designed to provide customers with comprehensive learning and continuing education offerings. This also includes the associated software, its functions, as well as the associated websites, apps and all other usage options and content provided by certready.eu GmbH in connection with the platform that are available for retrieval or download.
2.2. Content: The term “content” means all materials, information, files and data provided by certready.eu, in particular content provided for training purposes (referred to as “training content”). These include course materials, course videos, audio files, texts, as well as certification and inspection services. This content can be created by certready.eu as well as made available by partners or third parties.
2.3. Training concept: The “training concept” refers to the methodology developed and applied by certready.eu to transfer knowledge and develop competencies. It comprises the structure, structure and pedagogical orientation of the courses and learning content offered. The training concept is based on didactic principles and is designed to enable effective learning and to support users' learning goals in the best possible way. It can include various learning formats such as texts, videos, interactive exercises and exams and is continuously being developed to take into account current requirements and findings in the area of online education.
2.4. Course: A “course” means a structured learning unit within the certready.eu platform that is designed to provide employees with specific knowledge, skills or competencies. A course can consist of various elements, such as lessons, video training, interactive exercises and exams, and supplementary materials. Courses are organized thematically and follow a defined learning path that is aimed at achieving specific learning objectives. They can have different levels of difficulty and are designed to support participants' learning progress. Courses can be offered individually or as part of a more comprehensive training concept.
2.5. Consumer: “Consumer” within the meaning of these terms of use is any natural person who concludes a legal transaction for a purpose that can primarily be attributed neither to their commercial nor independent professional activity.
2.6. Entrepreneur: “Entrepreneur” within the meaning of these terms of use is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.7. Customers: The term “customer” refers to contractual partners acting as a business with whom certready.eu GmbH concludes contracts for the use of certready.eu. This also includes test customers from certready.eu.
2.8. User: The term “user” includes people who use certready.eu. Users can be customers themselves or even their employees who are not customers themselves.
2.9. Employees: In the context of these terms of use, “employees” are all persons who use certready.eu on behalf of or under the responsibility of the customer (company). This includes both permanent employees and freelancers, interns or other persons to whom the customer grants access to certready.eu as part of its contractual agreements. The number of employees who can use certready.eu is limited by the usage package selected by the customer.
2.10. Administrators: “Administrators” are special users of certready.eu who have extended rights and obligations. You are responsible for managing the customer account, inviting and managing other users (in particular employees) and configuring and adapting certready.eu within the scope of the usage rights acquired by the customer. Administrators act as primary contacts for certready.eu GmbH and are responsible for compliance with the terms of use by all users of their company.
2.11. The terms used, such as “user”, are to be understood as gender-neutral.
3. Restriction to customers acting on a commercial basis
3.1. The offer of certready.eu is aimed exclusively at customers acting as a business (hereinafter referred to as “entrepreneurs”) and not to consumers. The use of certready.eu in accordance with the contract by employees of business-related customers constitutes business use.
3.2. By using certready.eu services, customers declare that they are entrepreneurs and not consumers. certready.eu GmbH reserves the right to verify whether the customer is not a consumer (e.g. verification of address data, business registration or VAT identification number).
4. Subject matter of the contract and principles of using certready.eu
4.1. certready.eu is a comprehensive online training platform that enables companies, public authorities as well as other organizations and self-employed people to receive training in the subject areas offered by certready.eu. Users can complete training courses, access training content, check their level of knowledge and then receive certificates for the training they have received. certready.eu offers a wide range of learning content, including texts, videos, audio formats, tests and further documentation. Depending on the scope of services and format, these materials and certificates are available either via download or on request. The format and content of the materials vary according to specific offers.
4.2. The courses and content are subject to a certready.eu training concept and are used exclusively for educational purposes and knowledge transfer. Subject to an express offer, complete and detailed thematic exhaustion is not guaranteed, e.g. if the aim of a course is the practical teaching of pragmatic AI skills and not the complete transfer of knowledge on the topic.
4.3. In addition to the online queries provided, there is no individual monitoring of learning success by teachers, other control or legal advice for customers and users. The content does not represent individual legal advice.
5. Development and service changes
5.1. The development of certready.eu is an essential part of the range of services. Development includes adapting to technical and legal progress and taking into account user requirements for using certready.eu.
5.2. As part of the development, certready.eu GmbH may change certready.eu and partial functions of certready.eu without this constituting a defect, provided that this is reasonable for the user and does not jeopardize the achievement of the purpose of the contract. This applies in particular when
− The change is made to the user's advantage;
− if the amendment serves to bring the services into compliance with applicable law, in particular if the applicable legal situation changes;
− if the amendment serves to comply with mandatory court or administrative decisions;
− insofar as the respective change is necessary to close existing security gaps;
− if the change is of a purely technical or procedural nature without significant effects on the user. Changes with only minor influence on previous functions do not represent changes in performance in this sense. This applies in particular to purely optical changes and mere changes in the arrangement of functions;
− when platform providers restrict or abolish their interfaces.
5.3. certready.eu GmbH reserves the right to further develop the content and training concepts of certready.eu, in particular to comply with legal developments or as part of optimising and adapting training concepts. These developments must not jeopardize existing claims of users and the purpose of the contract must not be affected as a result. There is no obligation to individually adapt training courses or content; such adjustments must be agreed separately.
6. Registration, customer account and conclusion of contract
6.1. The contract is concluded as part of a registration for certready.eu. By completing the registration process, the user submits an offer to conclude the contract for the use of certready.eu. certready.eu GmbH accepts this offer by activating the customer for certready.eu services that require registration.
6.2. A customer account is created upon registration. Customers who complete the registration process are referred to as “administrators.”
6.3. Administrators then have the option of inviting other users from their company or organization and testing certready.eu as part of a limited volume of employees. Only users with the same email domain can be invited. For example, the administrator with the address max.muster@musterfirma.de can only invite users within his company with an email address that ends with @musterfirma .de. If you want to add other email addresses, the administrator must contact support@certready.eu. All users together are referred to as a “team.” When the volume of employees is used up, this is displayed to the administrator via email, in the customer account and in the application. The administrator can then store the payment information in his customer account on app.certready.eu in order to continue using certready.eu.
6.4. Customers guarantee that all data provided by them during registration is true and complete. Customers may not use pseudonyms for registration.
6.5. Each customer may only register once and create only one user profile. The contractual relationship is not transferable to other persons or companies. The customer assures that he is of legal age or has unlimited legal capacity at the time of registration.
6.6. There is no claim to the conclusion of a contract. certready.eu GmbH reserves the right to reject registrations without prior consultation and without giving reasons if there are factual reasons and in the case of companies. The use of certready.eu may, where appropriate and reasonable, be subject to certain conditions, e.g. verification of registration data or contact and address details.
7. Right of use, user accounts and user content
7.1. Access to the services of certready.eu is only allowed to authorized users named by the customer. Each of these users must create an individual user account, which requires a valid business email address, full name and a secure password. The accuracy and timeliness of this data is the responsibility of the user. Multiple registrations and the transfer of user accounts, even within the same company, are prohibited.
7.2. User authorization is limited to those users to whom the customer has explicitly granted access to certready.eu services. The parallel use of a user account on different devices is not permitted. The use of private e-mail addresses, in particular freemail services, for registration requires express written permission from certready.eu GmbH.
7.3. The customer is responsible for the actions of users authorized by him. It is his responsibility to ensure that all users comply with the contractual provisions and that the use of certready.eu in accordance with the contract and law is properly monitored.
7.4. The customer and the users authorized by him are responsible for all content that they create, upload or otherwise make available as part of the branding functions of certready.eu. You warrant that this content does not infringe the rights of third parties, complies with applicable laws, and is neither misleading nor unlawful. The customer releases certready.eu GmbH from all third-party claims resulting from a breach of these obligations.
8. Maintaining access and contact details
8.1. Customers and users guarantee that the information they provide during and during registration to use certready.eu is true.
8.2. In principle, certready.eu may only be used by as many people as has been contractually agreed.
8.3. In the event of subsequent changes, the login details, in particular address and contact details as well as other information in the user account, must always be kept up to date. Should a user be unable to be reached due to incorrect data and the inaccessibility is within his area of responsibility or that of the third party (outdated address, mailbox is not read), the resulting disadvantages will be borne by him.
8.4. It is the responsibility of users to take the greatest possible care when using access data to certready.eu and to take any measure that ensures confidential, secure handling of the data and prevents it from being disclosed to third parties. Users are responsible for misuse of access data if they violate these protective obligations.
8.5. Users are required to inform certready.eu GmbH immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing a user account.
8.6. certready.eu GmbH reserves the right to take technical measures to prevent a violation of the above regulations for the protection and use of the user account.
9. Payable use, invoicing, terms of payment
9.1. The use of certready.eu is billed on the basis of a package system that takes into account various numbers of employees. Each package determines the number of employees to whom a customer can assign a use of certready.eu per course.
9.2. Customers choose a package that suits their needs, which sets a fixed annual price for a course. You can switch to a larger package (“upgrade”) at any time.
9.3. When upgrading, the contract period of the license for the smaller package is terminated at the time of the upgrade. At the same time, the contract period of the license for the larger package begins. The costs already paid for the remaining period of the smaller package are offset proportionally against the costs of the larger package. The customer pays for the remaining term
9.4. A switch to a smaller package (“downgrade”) is possible at any time, but only effective at the end of the current payment cycle. If terminated, the contract will end at the end of the current payment cycle.
9.5. Each package specifies the maximum number of usage rights for employees per course. Once all usage rights have been granted, an upgrade to a larger package must be made if additional employees are to be added.
9.6. The number of licenses included in a package is valid per course for the customer's entire operating or organizational structure. When an existing employee is replaced by a new one, the number of licenses required remains the same. However, it is not permitted for several employees to share a license. For example, 10 licenses may not be used simultaneously by 20 employees. Each license must be assigned to a single, specific user, which ensures that the use of certready.eu complies with the contractual terms.
9.7. Customers are informed about the available pricing model on the certready.eu website.
9.8. Unless otherwise stated, all prices are exclusive, i.e. plus value added tax.
9.9. Fees are generally due in advance for the respective billing period. Unless otherwise stated, invoices are due after two weeks.
9.10. Invoices and reminders may be sent electronically.
9.11. The user can pay invoices using the payment methods offered by certready.eu GmbH.
9.12. The pricing structure and costs for using certready.eu can be adjusted after the end of a billing period. Users will be notified of such a change at least two weeks before the end of the current billing period. If users do not agree with the change, they have the right to cancel their use of certready.eu at the end of the billing period. If there is no cancellation and if certready.eu continues to be used after the price adjustment by users, the price adjustment is considered accepted by the user.
9.13. If the user defaults on payments, certready.eu GmbH has the right to refuse to fulfill due payments to the customer and to restrict access to the user account and certready.eu until the delay is resolved. In these cases, certready.eu GmbH will notify the customer of the restriction with a regular period of 7 working days to eliminate the delay. The other legal and contractual rights of certready.eu GmbH due to late payment by the customer remain unaffected. The restriction must not be made if it is unreasonable and/or not reasonable for the user. The compensation claim of certready.eu GmbH remains unaffected by the restriction. Access to certready.eu will be reactivated immediately after payment of the arrears. The right to restrict exists as a more lenient remedy even if certready.eu GmbH has the right to extraordinary termination in accordance with these terms of use.
9.14. Costs arising from a chargeback of a payment transaction due to lack of coverage or due to incorrect data provided by users and as a result of reminders of due receivables will be charged to the users, with only the costs actually incurred directly or legally granted to certready.eu GmbH (material costs and fees of third parties, such as postage costs or chargeback fees). The user is entitled to provide proof of no or lower costs.
9.15. Offsetting is only possible against claims already recognized by the other contracting party or established by the court, unless these are main performance and defect claims. A right of retention can only be asserted for claims under the respective contract.
10. Rights of use and contractual use
10.1. certready.eu GmbH exclusively grants customers a locally unlimited, fixed-term, revocable, non-exclusive, non-sublicensable and non-transferable right to use certready.eu. This right includes the use of training content in the way provided for this purpose and allows you to use the platform and the training and additional services provided through it for your own business purposes during the contract period. As part of the purpose of the contract, customers are permitted to make the right to use certready.eu, in particular the training content, available to their employees, always within the agreed number of employees.
10.2. Users may only use certready.eu via the playback functions, input masks and interfaces provided. The filming or any form of audio or video recording of the content without the express permission of certready.eu GmbH is prohibited.
10.3. Actions that could impair the functionality of certready.eu, the software or the infrastructure (e.g. using scripts, robots or crawlers) are prohibited. Excessive use that exceeds the expected intensity and frequency of use of certready.eu during normal use is also prohibited. The use of devices to protect accessibility and other similarly required functions is not restricted.
10.4. Users are not entitled to reproduce, distribute or otherwise make the platform or its content available to third parties without the express written consent of certready.eu GmbH. This also applies to permission to perform such acts by third parties. The granting of sub-licenses is also prohibited.
10.5. Customers who have purchased a quota for a specific number of employees may only provide certready.eu and the training content up to the maximum agreed number of employees. The transfer of school materials to third parties outside the agreed quota is prohibited, unless there is express written consent from certready.eu GmbH. Use is limited to the purposes set out in the contract and may only take place within the scope of the license granted.
10.6. Customers are required to grant their employees access to certready.eu, register them and instruct them to comply with the requirements of this section. Users are also required to comply with all applicable laws and the provisions of these terms of use and to use certready.eu exclusively in accordance with these requirements.
10.7. certready.eu GmbH reserves the right to take appropriate technical and legal measures to enforce the provisions of this section and to prevent misuse of certready.eu.
10.8. Violations of the above regulations may result in immediate termination of the contract, the blocking of the user's access to certready.eu or to claims for damages against the customers. Customers indemnify certready.eu GmbH from any consequences and claims by third parties that result from a violation of these provisions of this section. In particular, but not exclusively, this includes all costs, expenses and damages that certready.eu GmbH suffers as a result of legal disputes or official measures. Customers are also responsible and liable for the conduct of their employees with regard to compliance with these regulations. Any misconduct by employees is attributed to customers.
11. Contract period and termination
11.1. Paid use initially runs for the period of use booked by the customer (hereinafter referred to as “contract period”). If no contract period has been expressly agreed, the contract period is 12 months. Thereafter, the contract period is automatically extended by the same period of use if the subscription is not cancelled by one of the contracting parties up to two weeks before the end of the usage period.
11.2. An early termination by the user does not give rise to a claim for repayment against certready.eu GmbH. Early termination by certready.eu GmbH is only possible subject to a two-week notice period and reimbursement of the fee paid in advance for the duration of the contract. The calculation of the fee to be reimbursed on a pro rata basis of time based on the remaining contract period.
11.3. The user and certready.eu GmbH can cancel the use of certready.eu during a test phase at any time and without giving reasons.
11.4. The right to terminate without notice for good cause remains unaffected by both parties. There is an important reason for termination on the part of certready.eu GmbH in particular if
− the user commits serious breaches of duty against the law or these terms of use,
− insolvency proceedings against the user's assets are filed for or opened or the opening is denied due to lack of property or certready.eu GmbH ceases its activity.
11.5. An extraordinary termination must in principle be preceded by a warning. The warning may be waived if the warning is not reasonable for the contractual partner. This is particularly the case if the conduct of the contractual partner gives reason that further misconduct is to be expected despite a warning.
11.6. If certready.eu GmbH has terminated the contract for an important reason in accordance with this section, the user is not entitled to a refund of the fees already paid.
11.7. After the end of the contract period, the access rights of the customer and the users assigned by him to certready.eu will be blocked and no further services will be provided.
11.8. It is the responsibility of users to secure their data before the end of the contract in the event of termination. certready.eu GmbH is entitled to irretrievably delete all user data stored during the contract period.
12. Data protection and information requirements
12.1. The data protection and data security regulations set out at https://www.certready.eu/de/datenschutz/ apply.
12.2. Customers agree to conclude the contracts and agreements provided for by law. In particular, this includes order processing contracts in accordance with Article 28 (3), sentence 1 GDPR in the event of data processing by certready.eu GmbH on behalf of customers. certready.eu GmbH provides the customer with a corresponding order processing contract, which is part of these terms of use and is automatically concluded with the contract for the use of certready.eu. The customer's own contract templates can only be considered for an appropriate examination fee.
12.3. Customers are required to ensure that their employees and other persons acting under their contracts with certready.eu GmbH are informed about the use of certready.eu in accordance with data protection regulations. This includes providing relevant information on data protection regulations and data processing when using certready.eu.
12.4. If certready.eu GmbH provides users with templates to fulfill these information requirements, certready.eu GmbH points out that these are only sample templates which, without providing legal advice or promise of legal validity, are provided to users in a specific application scenario. It is the responsibility of users to legally verify the application of the sample texts with regard to the specific use.
12.5. In addition, the company names, logos and/or product names, brands or trademarks as well as graphics, images and texts protected by copyright and other laws may not be used without the consent of certready.eu GmbH or the respective rights holder or outside the scope permitted by law.
13. Availability and warranty
13.1. Users who are entrepreneurs must check the services provided by certready.eu GmbH immediately and insofar as this is feasible in the ordinary course of business and, if a defect appears, immediately report it to certready.eu GmbH. Defects must be reported immediately in writing (e-mail is sufficient) by means of a comprehensible description of the fault symptoms, as far as possible proven by written records, screenshots or other documents illustrating the defects. Users' statutory inspection and complaint obligations remain unaffected.
13.2. Claims for damages are subject to the limitations of Section 14 of these Terms of Use (“Liability and Compensation”).
13.3. Customers and users are not entitled to uninterrupted availability of certready.eu. However, certready.eu strives to provide the platform reliably. Maintenance, security or capacity work as well as events outside the control of certready.eu (e.g. power outages, congestion of nodes or interfaces provided by AI providers) can result in the temporary suspension of the services offered by certready.eu.
13.4. Claims for defects do not exist in the event of an insignificant deviation from the agreed or assumed quality or if the usability of the services provided by certready.eu GmbH is only marginally impaired in accordance with the purpose of the contract. In particular, certready.eu GmbH expressly disclaims any warranty or liability for:
− false information provided by customers and users with regard to the user data submitted during registration or other data posted, uploaded or otherwise delivered by the user within certready.eu;
− uninterrupted availability of certready.eu or possible system or network-related failures, interruptions or malfunctions of certready.eu's installations or services, insofar as these are beyond the control of certready.eu GmbH; in particular not for errors due to force majeure or failure of communication networks and gateways;
− minor malfunctions and faults on certready.eu that do not prevent the purpose of the contract;
− content and the creditworthiness of users;
13.5. The limitation period for claims arising from defects is one year. The limitation period for other claims arising from poor benefits is 6 months.
14. Liability and compensation
14.1. According to this contract, certready.eu GmbH is only liable in accordance with the following provisions; otherwise liability is excluded.
14.2. certready.eu GmbH is fully liable for damage caused intentionally or grossly negligently by certready.eu GmbH, its legal representatives or senior employees, as well as for intentional damage caused by other vicarious agents. For gross negligence on the part of other vicarious agents, liability is determined in accordance with the rules for slight negligence set out in Section 14.5. of this “Liability and Compensation” section of the “Liability and Compensation” terms of use.
14.3. certready.eu GmbH is fully liable for damage caused intentionally or negligently as a result of injury to life, limb or health by certready.eu GmbH, as well as its legal representatives or vicarious agents. certready.eu GmbH is liable for damage due to lack of warranted features up to the amount that was covered by the purpose of the assurance and which was apparent to certready.eu GmbH when the assurance was provided.
14.4. certready.eu GmbH is liable for product liability damage in accordance with the regulations in mandatory product liability laws.
14.5. certready.eu GmbH is liable for damage resulting from the breach of cardinal obligations by certready.eu GmbH, its legal representatives or vicarious agents. Cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on whose fulfilment the user may rely. If certready.eu GmbH has slightly negligently breached these cardinal obligations, its liability is limited to compensation for the foreseeable, typically occurring damage (hereinafter “typical damage”). The typical damage is generally limited to the fixed amount and otherwise to the amount of the user's contractual fee for the period in which the breach of duty took place. In this case, the typical damage is limited to 1,000.00 euros. This does not apply if, in individual cases, the restriction would be unreasonable from an equitable point of view. The typical damage generally does not exceed five times the agreed compensation.
14.6. Notwithstanding the liability provision of these terms of use, certready.eu GmbH is not liable for loss of data if the damage could have been avoided by the user having met an obligation or obligation to back up data. In any case, the user must be credited for contributory fault. In the event of termination, the user is responsible for backing up his data beforehand.
15. Amendment to the terms of use
15.1. certready.eu GmbH reserves the right to change the terms of use at any time with effect for the future, unless this is not reasonable for users. The change is particularly reasonable in the following cases:
− if the amendment serves to bring the terms of use into line with applicable law, in particular if the applicable legal situation changes;
− if the amendment by certready.eu GmbH serves to comply with mandatory court or administrative decisions;
− when completely new services or service elements as well as technical or organizational processes require a description in the terms of use;
− if the change is only beneficial for users.
15.2. In such a case, certready.eu GmbH will send the amended terms of use to the e-mail address provided by the user with certready.eu GmbH at least two weeks before they come into force.
15.3. If a user does not object to the new terms of use within a period of two weeks after receipt of the email, the amended terms of use are considered accepted by him. With the notification of change, certready.eu GmbH will inform users of the consequences of a failure to object.
15.4. If the user objects to the validity of the new terms of use within the period, certready.eu GmbH remains entitled to duly terminate the contractual relationship with the user with a period of one week.
15.5. Users can also agree to amended terms of use by means of an express declaration of consent.
16. Reference notes
16.1. Certready.eu GmbH is entitled, subject to any express confidentiality obligations, to point out the use of certready.eu by the user for the purpose of self-promotion without the user being entitled to any claim for payment.
16.2. Subject to written withdrawal by the user at any time, certready.eu GmbH is entitled to refer to the existing or previous business relationship with the user on its own advertising media and in particular on its Internet website with its name and company logo (reference note).
17. Assignment, Applicable Law, Place of Fulfilment and Jurisdiction
17.1. Differing general terms and conditions of users apply only if certready.eu GmbH has expressly agreed to them in writing. Failure to reject conflicting and notified terms of use by the user does not constitute consent.
17.2. All legally binding declarations must be made at least in text form (e.g. e-mail, fax) or using the settings options available on certready.eu, unless these terms of use or the law expressly provide for written form.
17.3. certready.eu GmbH reserves the right to grant third parties rights to certready.eu and data associated with it (in particular for financing purposes and transfer to subsidiaries and partner companies of certready.eu GmbH), provided that the requirements of these terms of use and applicable laws, in particular data protection law and consumer protection, are complied with. The user may transfer claims against certready.eu GmbH based on this contract to third parties only with the written consent of certready.eu GmbH.
17.4. The laws of the Federal Republic of Germany apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, unless mandatory statutory provisions preclude this.
17.5. The place of fulfilment is the registered office of certready.eu GmbH. The place of jurisdiction is also the registered office of certready.eu GmbH, provided that the user is a merchant, legal entity under public law or a special fund under public law or the user has no general place of jurisdiction in the Federal Republic of Germany. The right of certready.eu GmbH to choose another admissible place of jurisdiction remains reserved.
17.6. If any provision of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. This also applies if the parties subsequently discover a gap in the contract.
