Last updated January 2022
Please read the following terms of service ("Terms of Service" or “ToS”) before you install the SkillUp application or use any of the products or services we provide through our application, software or website (all of which are referred to collectively herein as the "SkillUp Technologies"). The SkillUp Technologies are owned and licensed by Mindex GmbH (referred to herein as "Provider"). The Terms of Service constitute a binding legal agreement, which govern your use of the SkillUp Technologies via any platform or device. By installing the SkillUp application, visiting our website or installing or using any of the SkillUp Technologies, you are accepting these Terms of Service.
THE SKILLUP SERVICE
The SkillUp Technologies are provided solely for your personal, noncommercial use. The videos, articles and other content that you choose to save (“Material”) may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.
We respect the intellectual property of others, and we ask our users to do the same. The SkillUp Technologies allow you to time-shift across devices and platforms so that you can access information later that you had the right to access when you saved such content to SkillUp. As a condition to your use of the SkillUp Technologies, you agree not to use the SkillUp Technologies to infringe any intellectual property rights.
§ 1 Service
(1) The Provider grants the Customer the non-exclusive right to use the Service in a strictly non-commercial manner for the duration of the Agreement and in accordance with these Terms of Service.
2. The Internet access required and suitable for the use of the Service shall be set up, configured and maintained by the Customer at its own expense for the duration of the Agreement.
3. Due to the disruption of communication networks or due to maintenance work of third parties, access to the Service may be temporarily impaired. In the aforementioned cases, the Provider does not guarantee permanent access or the permanent possibility of using the Service.
§ 2 Conclusion of Contract
(1) By completing and submitting the registration form and accepting the ToS, the Customer makes an offer to the Provider. The completion and submission of the registration form by the Customer alone does not constitute a contract.
2. The contract is concluded only when the Provider sends the Customer a declaration of acceptance by e-mail, which also contains the Customer's access data (user name and password) to the Service and which enables the Customer to use the Service.
3. The Provider may reject registrations without giving reasons.
§ 3 Contract Term, Contract Extensions, Termination
1. The contract is concluded for the agreed contract period selected by the Customer during registration and subsequently confirmed by the Provider.
2. The contract term is automatically extended recurrently by the term specified within the order process, unless the Customer cancels his contract before the expiration of the respective term.
3. The notice period is 7 days to the end of the contract.
4. The statutory rights of both parties to terminate without notice or otherwise for cause shall remain unaffected.
§ 4 Customer Obligations; Protection against and Liability for Account Misuse
1. The Customer undertakes to fill in his personal data, i.e. name, first name and e-mail address, completely and correctly when filling in the registration form.
2. The Customer must always ensure that the data deposited are up-to-date, complete and correct. Consequently, the Customer shall update any changes to his personal data even after
registration either himself in his profile online in the customer area of the website or notify
the Provider of the change(s) in text form.
3. All access data that the Customer receives must be treated confidentially at all times. In
order to exclude misuse of the access data, the Customer is obliged to keep them safe and to
exclude access by third parties.
4. The Customer may not transfer, pass on, rent or sell, transfer or assign the rights and obligations arising from this Agreement to third parties, regardless of the type of performance, etc., unless the Customer has obtained the Provider's prior consent.
5. The Provider shall only be liable for damages incurred by the Customer due to misuse or loss of the access data if the damage occurred as a result of a culpable breach of duty by the Provider. The parties are mutually obliged to inform each other immediately of any misuse of the access data. In the event of misuse, the provider is entitled to block all access data and to exclude the customer temporarily or also permanently from using individual or all offers of the service.
§ 5 Use of the Service; Customer's Liability for Misuse of the Service and for Breaches
of Contract; Modifications to the Service
1. The Material used is to be used exclusively for the personal and private use of the Customer within the meaning of § 53 German Copyright Act. Sole copy producer in the sense of copyright law is the Customer. The Provider has no rights to use or to view the Material retrieved by the customer. Use of the retrieved Material for professional or commercial purposes is not permitted.
2. The Customer undertakes to,
- not to distribute or make available to the public the copies made by him exclusively for his private use,
- indemnify the Provider from all claims of third parties that have arisen due to illegal behavior of the Customer.
3. The Provider enables the Customer to use the Service in accordance with these Terms of Service. The use of the Service is exclusively the responsibility of the customer. The Provider does not assume any warranty or liability for the retrieved contents - in particular for their correctness or completeness.
4. The Provider is entitled to revise, change or discontinue the Service in whole or in part, in particular due to changes in the legal framework, technical changes or regulations and instructions from authorities. The Provider may also replace the previous access to the Service at anytime with another, easily manageable technical access.
5. In the event that the Provider discontinues essential services or technical functions of the Service, the Provider shall inform the Customer thereof in due time. In this case, the Customer has the right to terminate the contract extraordinarily in writing.
§ 6 Liability of the Provider
1. Liability of the Provider for slightly negligent breaches of duty is excluded, provided that these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by legal representatives or vicarious agents of the provider.
2. The Provider is only liable for damages resulting from the lack of accessibility or the limited possibility of use of the Service if the damage was caused by the Provider intentionally or through gross negligence. The Provider is not liable for speed bottlenecks of the connections to the Service.
3. For liability in case of account misuse see § 4.
§ 7 Final provisions
(1) Subsidiary agreements, supplements and amendments to these ToS must be made in text form in order to be effective. This also expressly applies to agreements that waive this formal requirement.
2. Should individual provisions of the contract or a provision of these ToS be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions of the contract and/or the ToS shall remain unaffected. The invalid or missing provision shall be replaced by the respective statutory provision.
3. The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties. The statutory places of jurisdiction shall apply.
Mindex GmbH, January 11, 2022