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General Terms and Conditions of ELEVEL Academy
Effective Date: February 1, 2024
1. Scope
These General Terms and Conditions (hereinafter referred to as "Terms") govern the contractual relationship between ELEVEL Academy (hereinafter "ELEVEL") and the users and companies (hereinafter "Customers") who use the online platform www.elevel.io (hereinafter "Platform").
2. Services Provided by ELEVEL
2.1 ELEVEL offers on-demand courses created by renowned lecturers and made available by ELEVEL. These courses are generally accessible to users free of charge.
2.2 Companies have the opportunity to target their audience and present themselves as attractive employer brands or general brands by sponsoring courses.
2.3 Additionally, companies can purchase licenses to further educate their employees with the content of the ELEVEL Academy, unlocking all content in the employer's branding.
3. Registration and Use
3.1 The use of certain services on the Platform requires registration. By registering, the customer accepts these Terms.
3.2 ELEVEL reserves the right to refuse registrations without giving reasons.
4. Collaboration with Lecturers
4.1 Agreement with Lecturers
Lecturers offering courses on the ELEVEL platform enter into a specific agreement with ELEVEL that details rights, duties, and compensation. This agreement includes provisions on the quality of the course content, currency of the teaching materials, and interaction with the users of the Platform.
4.2 Quality Assurance
Lecturers commit to offering high-quality courses that meet the standards and guidelines of ELEVEL. ELEVEL reserves the right to regularly review course content to ensure it meets quality requirements. Lecturers are encouraged to keep their courses up to date and make necessary updates to ensure the accuracy and relevance of the content.
4.3 Handling User Feedback and Complaints
Lecturers are required to take constructive feedback and complaints from users seriously and respond appropriately. ELEVEL provides a mechanism for users to direct feedback and complaints about the courses directly to ELEVEL. ELEVEL will review this feedback and any complaints and work with lecturers to find a satisfactory solution.
4.4 Rights to Course Content
Lecturers grant ELEVEL the necessary usage rights to the course content they create, including, but not limited to, the right to reproduce, distribute, make publicly available, and edit, as necessary for the provision and promotion of the courses on the Platform. This grant of rights is typically non-exclusive unless otherwise agreed.
4.5 Responsibilities
Lecturers are solely responsible for complying with all applicable laws and regulations regarding the content they provide, including copyright and data protection. ELEVEL assumes no liability for illegal content or actions of lecturers.
4.6 Termination of Collaboration
The specific conditions for terminating the collaboration between ELEVEL and the lecturers are set in the lecturers-agreement. Both parties commit to respecting the rights of the other party upon termination, especially regarding the use and ownership of the course content.
5. Copyright and Usage Rights
5.1 Ownership and Copyright
All course content on the Platform, including, but not limited to, texts, graphics, videos, interactive modules, and other materials, are copyrighted and owned by ELEVEL, the lecturers, or third parties. The use of these contents by users and companies is subject to the defined rights of use and restrictions.
5.2 Usage Rights for Users
Users are granted a non-exclusive, non-transferable, personal license to access and use the course content for personal or professional development purposes. Any further use, especially the reproduction, distribution, public performance, or modification of the contents, is prohibited without prior written consent from ELEVEL or the respective copyright owners.
5.3 Usage Rights for Companies
Companies that purchase licenses for the education of their employees are granted the right to use the course content within the agreed license terms. This use is limited to internal use for employee training. Any use of the course content for commercial purposes, especially for training purposes outside the company or the distribution of content to third parties without prior written consent from ELEVEL, is expressly prohibited.
5.4 Restrictions
Users and companies may not use the Platform and its contents to:Download, copy, or distribute materials unless expressly permitted.Use content in a way that could infringe the copyright, trademark rights, or other intellectual property rights of ELEVEL, lecturers, or third parties.Use automated systems or software to extract data from the Platform for commercial purposes ("scraping").
5.5 Protection of Intellectual Property
Users and companies acknowledge that the course contents and all associated intellectual property rights exclusively belong to ELEVEL, the lecturers, or the respective licensors. The use of the Platform and its contents does not grant users and companies any rights to these intellectual property rights other than the explicitly granted rights of use.
5.6 Responsibility for Violation
In case of violation of the rights of use and restrictions, ELEVEL reserves the right to block the respective user accounts or to take legal action to protect the rights of ELEVEL, lecturers, or third parties.
6. Usage Rights for Companies
6.1 Under the license agreement, companies are granted the right to use selected courses for the education of their employees. These rights are non-transferable and intended for internal use only.
6.2 Companies commit not to use the Platform and its contents for commercial training purposes outside the agreed framework.
7. Responsibilities of Users
7.1 Users are responsible for securing their account details and for all activities that occur under their account. Furthermore, users are responsible for the accuracy of their provided data.
7.2 Users commit to not using the Platform for illegal activities and to respect the rights of other users, lecturers, and third parties.
8. Compensation and Payment Terms
8.1 Compensation for sponsoring courses and purchasing licenses is based on the prices valid
at the time of booking.
8.2 Details of the payment terms will be communicated to the customer at the time of booking.
9. Liability
9.1 ELEVEL is not liable for content provided by third parties, including external lecturers and companies.
9.2 ELEVEL is liable according to statutory provisions for the technical availability and functionality of the Platform.
10. Data Protection
10.1 ELEVEL commits to complying with data protection laws and processing personal data of users only within the scope of legal provisions.
10.2 Details on data protection are described in the Platform's privacy policy.
11. Termination and Account Deletion
11.1 ELEVEL reserves the right to terminate or deactivate user accounts in case of violation of the Terms, unlawful behavior, or upon request of the user.
11.2 Users and companies can have their accounts deleted at any time, with certain data being retained for legal reasons or for the settlement of open transactions.
12. Conflict Resolution
12.1 Objective of Conflict Resolution
ELEVEL values the satisfaction of our users and companies highly. Should disagreements or complaints arise in connection with the use of the Platform or the services offered, ELEVEL aims for a quick and amicable resolution of these conflicts.
12.2 Contact in Case of Complaints
Users and companies are asked to first contact ELEVEL's customer service with their complaints by using the contact address provided under point 9. ELEVEL commits to promptly processing complaints and seeking a fair and satisfactory solution for both sides.
12.3 Alternative Dispute Resolution
If direct conflict resolution is not possible, users and companies have the option to turn to an independent arbitration board. ELEVEL will inform upon request about the responsible arbitration board and participate in an out-of-court arbitration procedure, if offered and sensible.
12.4 Legal Proceedings
The possibility of initiating legal proceedings to resolve disputes remains unaffected. The use of the procedures described in the Terms for conflict resolution is not to be understood as a prerequisite for taking legal action.
13. Cancellation Conditions for Branding Measures
13.1 General Conditions
Companies have the right to cancel services under certain conditions. Cancellations must be made in writing and are valid from the date the cancellation request is received by ELEVEL.
13.2 Cancellation Period
Companies can cancel a service without cancellation fees up to 14 days before the scheduled start of the campaign. For cancellations that occur later, cancellation fees apply, based on the extent of work already performed and costs incurred.
13.3 Cancellation Fees
13.3.1 Calculation of Fees
The amount of cancellation fees depends on the timing of the cancellation and the degree of work already performed for the campaign. A cancellation less than 14 days before the campaign start incurs 50% of the agreed costs. Cancellation after the campaign start incurs 100% of the agreed costs.
13.4 Exceptions
13.4.1 Force Majeure
In the event of force majeure, making it impossible for a company to carry out the campaign as planned, special cancellation conditions may be agreed upon. This requires written consent from ELEVEL.
13.4.2 Performance Disturbances
In the case of proven performance disturbances clearly attributable to ELEVEL, the company has the right to terminate the contract without cancellation fees. This assumes that ELEVEL was previously given a reasonable period to remedy the disturbance and this period has passed without success.
13.5 Cancellation Process
13.5.1 Execution
To cancel a campaign, the company must send a written notification to ELEVEL, stating the reasons for the cancellation. The notification should include the campaign name, the planned start date, and a detailed justification for the cancellation.
14. License Agreement and Cancellation Conditions for Internal Training
14.1 Companies that purchase licenses for the use of digital content for their employees agree that these licenses are valid from the moment of activation of the content for the agreed period. The specific conditions of the license period and use will be set at the time of purchase. ELEVEL will then activate all licenses purchased on the start date specified by the company. The distribution of the activated licenses is usually the responsibility of the company itself.
14.2 Cancellation before activation: Companies can cancel the purchase of licenses without cancellation fees up to 24 hours before the planned activation. Cancellation requests must be sent in writing to info@elevel-academy.de.
14.3 Cancellation after activation: After the activation of the licenses, cancellation of the purchase and a refund of the costs is generally not possible. However, ELEVEL recognizes that under certain circumstances (e.g., non-fulfillment of agreed services), an adjustment of the conditions may be necessary. In such cases, ELEVEL asks the affected companies to contact them to find a mutual solution.
14.4 These license conditions are in accordance with applicable laws and regulations. If there are specific legal requirements for your company, we recommend consulting with a legal advisor before purchasing the licenses.
15. Adjustments to the Terms and Conditions
15.1 ELEVEL reserves the right to update or change these Terms and Conditions at any time without prior notice. Changes to the Terms and Conditions become effective as soon as they are published on our platform.
15.2 We commit to informing our users and companies at least 30 days before the entry into force of significant changes to the Terms and Conditions via email or through a clearly visible notification on our platform.
15.3 Continued use of our services by the user after the changes come into effect constitutes acceptance of the updated or changed Terms and Conditions. If you do not agree with the changed conditions, you are free to discontinue the use of the platform and the associated services.
16. Final Provisions
16.1 Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected.
16.2 The contractual relationship between ELEVEL and the customer is subject to the law of the Federal Republic of Germany. The place of jurisdiction is Stuttgart.
17. Contact
For questions about these Terms and Conditions or the platform, customers can contact info@elevel-academy.de.