Terms of Use

Terms of Use for Users of the xSuite Learning Portal

1. Scope

1.1 These Terms of Use govern access to and use of the e-learning portal (“Portal”) provided by xSuite Group GmbH (“xSuite”) by natural persons (“Users”).

1.2 The Portal is intended solely for the provision of training, informational, and educational content related to xSuite’s products and services.

1.3 By logging into the Portal for the first time, the User accepts these Terms of Use as binding.

2. Right of Use

2.1 For the duration of the authorization to use the Portal, xSuite grants the User a simple, non-exclusive, non-transferable, and non-sublicensable right to access the Portal and the content provided therein to the agreed extent and to use such content for the User’s own internal training and informational purposes.

2.2 Use of the portal or its content for commercial purposes, on behalf of third parties, or outside the intended purpose of use is prohibited.

2.3 The user is not authorized to

a) reproduce, distribute, make publicly available, or provide the portal or parts thereof to third parties;

b) circumvent or interfere with technical protection measures;

c) decompile, disassemble, or reverse engineer the Portal, or otherwise attempt to determine its source code or technical functionality, unless expressly permitted by law.

3. Login Credentials

3.1 The user must treat login credentials as confidential and protect them from access by unauthorized third parties.

3.2 The user may neither disclose access data nor allow multiple persons to use it jointly.

3.3 The user must immediately notify xSuite if there is any suspicion that unauthorized third parties have gained knowledge of the login credentials.

4. Content and Intellectual Property Rights

4.1 All rights to the Portal, as well as to the training materials, documentation, videos, presentations, graphics, texts, and other content contained therein, are vested in xSuite or the respective rights holders.

4.2 The user agrees to respect existing copyrights, trademarks, trade names, and other intellectual property rights.

4.3 Unless expressly permitted, the contents of the portal may not be edited, reproduced, distributed, or made publicly available.

5. User Obligations

5.1 The user shall use the portal exclusively in accordance with applicable laws and these Terms of Use.

5.2 In particular, the user is prohibited from

a) posting or distributing unlawful, offensive, discriminatory, or otherwise impermissible content;

b) compromising the security, integrity, or availability of the portal;

c) using malware, harmful code, or other technical mechanisms that are capable of compromising the portal or the underlying systems.

6. Data Protection

6.1 Personal data is processed in accordance with applicable data protection regulations.

6.2 Additional information regarding the processing of personal data is provided in xSuite’s currently applicable privacy policy.

7. Suspension of Access

7.1 xSuite is entitled to temporarily or permanently suspend a user’s access if there are concrete indications that the user is violating these Terms of Use or applicable law.

7.2 Any further statutory or contractual rights of xSuite remain unaffected by this provision.

8. Liability

8.1 xSuite bears unlimited liability in cases of willful misconduct and gross negligence, as well as for damages resulting from injury to life, limb, or health.

8.2 In the event of a breach of a material contractual obligation due to slight negligence, xSuite’s liability is limited to the foreseeable damages typical for this type of contract.

8.3 In all other respects, xSuite’s liability is excluded to the extent permitted by law.

9. Changes to the Terms of Use

9.1 xSuite is entitled to amend these Terms of Use with future effect, provided there is an objective reason for doing so and the change is reasonable for the user.

9.2 The user will be informed of material changes in an appropriate manner.

10. Final Provisions

10.1 Should any provision of these Terms of Use be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

10.2 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

10.3 The exclusive venue for all disputes arising out of or in connection with these Terms of Use is, to the extent permitted by law, the registered office of xSuite.