LEARNDYNAMICS

Terms of Use – LearnDynamics Academy

1. General

Your employer, contracting authority, or another organization (“License Purchaser”) has acquired from us (LearnDynamics GmbH) licenses for one or more e-learning courses (“Learning Content”) in order to make such licenses available to learners. In accordance with that arrangement, we provide the Learning Content to learners via our learning platform academy.learndynamics.de (the “Platform”).

Because the License Purchaser has acquired the license(s) on your behalf, you are not required to pay any fees to access the licensed Learning Content or to use the Platform.

Use of the Platform requires a user account. These Terms of Use govern your use of your user account, the Learning Content, and the Platform.

By creating a user account and agreeing to these Terms of Use, you enter into a gratuitous, open-ended contract with us for the use of the Platform (the “User Agreement”).

2. User Accounts

2.1 User accounts are personal to the individual to whom they are assigned and may be used only by that individual (the “Authorized User”) to access the Learning Content licensed to them.

2.2 You agree to:

  • keep your login credentials (username and password) confidential and protected from unauthorized access; and
  • promptly reset your password or notify us if you suspect that your credentials have become known to a third party.

2.3 Sharing of login credentials (“account sharing”) is strictly prohibited. This applies even with colleagues, classmates, or other Authorized Users.

3. Use of Learning Content

3.1 The Learning Content is protected by copyright. Except as expressly permitted by law (Section 3.4), you may only use the Learning Content to the extent of the license rights granted by us to the License Purchaser.

3.2 You may access and use the Learning Content solely for your personal use as an Authorized User. You may access the Learning Content on one device and play it back for yourself via screen and speakers/headphones.

3.3 The following uses are strictly prohibited:

  • displaying or playing the Learning Content for multiple persons (e.g., in a study group or classroom) or in public (e.g., at seminars, conferences, or other events);
  • reproducing, distributing, making available, or publicly communicating the Learning Content (in whole or in part);
  • modifying the Learning Content (in whole or in part), including by editing, supplementing, translating, subtitling, or combining with other content;
  • using excerpts such as text passages, images, or audio independently of the Learning Content;
  • using the Learning Content (in whole or in part) in connection with commercial products or services of your own;
  • removing or altering rights management information, metadata, or copyright notices identifying us as rights holder.

3.4 Statutory exceptions under copyright law remain unaffected. For example, you may quote excerpts of the Learning Content in accordance with applicable quotation rights, or reproduce small portions for your personal use in analog (non-digital) form as permitted by law.

4. Use of the Platform

4.1 You may use the Platform solely to access and use the Learning Content licensed to you in accordance with Section 3.2.

4.2 The following activities are prohibited:

  • attempting to gain access to content not licensed to you;
  • attempting to obtain login credentials of other users;
  • using scripts, robots, crawlers, or other automated technologies to simulate human use or to systematically retrieve information;
  • engaging in any activity that disrupts the Platform or adversely affects other users, including denial-of-service attacks, hacking, or introducing malware;
  • engaging in any activity that constitutes a criminal offense, including but not limited to unauthorized access to data, data interception, data handling, data alteration, or computer sabotage under applicable law.

5. Enforcement

In the event of a breach of Sections 2–4, we may take appropriate measures to stop or prevent violations, including:

  • temporarily suspending your user account;
  • permanently terminating your user account in the case of serious breaches (e.g., criminal acts, intentional or particularly harmful breaches) or repeated violations;
  • notifying the License Purchaser of the violation.

6. Liability

6.1 We accept unlimited liability for damages caused by intent or gross negligence. Liability for personal injury and under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

6.2 In cases of ordinary negligence, we are liable only for breaches of material contractual obligations (obligations whose fulfillment is essential to the proper performance of the contract and on which the other party may reasonably rely). In such cases, our liability is limited to damages that are typical of this type of contract and foreseeable at the time the contract was entered into.

7. Term and Termination

7.1 You may terminate the User Agreement at any time without notice by deleting your user account, which will be deemed a termination.

7.2 We may terminate the User Agreement by giving one month’s notice.

7.3 Our right to terminate the User Agreement for good cause remains unaffected.

7.4 The term of licenses to Learning Content is independent of this User Agreement.