of SCAYLE GmbH, Domstraße 10, 20095 Hamburg for SCAYLE Academy platform (as at: April 2024)

1. Purpose of the Terms of Use

1.1 SCAYLE GmbH ("SCAYLE") offers the service platform SCAYLE Academy on the website https://academy.scayle.dev/.

1.2 The following Terms of Use govern the use of SCAYLE Academy. Insofar as SCAYLE Academy refers to services of SCAYLE (e.g. SCAYLE Commerce Technologies etc.) separate contractual agreements may apply, which shall take precedence over these provisions in the event of contradictions.

2. Access to SCAYLE Academy

2.1 SCAYLE Academy has a protected area for which authorization is required.

2.2 The use of the SCAYLE Academy is at the discretion of SCAYLE, but is generally only available to tenants and partners with whom SCAYLE has a separate agreement (e.g. service agreement for SCAYLE Commerce Engine Technology or a partner agreement), in particular the employees of these tenants and/ or partners as well as the employees of SCAYLE and its affiliated companies ("Users").

2.3 The User affirms that he/she is not using SCAYLE Academy as a consumer, but in the exercise of commercial or independent professional activity, or as an employee of a commercial or independent SCAYLE tenant who has been commissioned to act by his/her employer, or as an employee in the course of fulfilling his/her contractual obligations.

2.4 The required access data (username and initial password) will be assigned to the User when SCAYLE sets up an account for the User. SCAYLE reserves the right to refuse login requests in whole or in part or to subsequently withdraw access rights. Access to SCAYLE Academy without prior activation is not possible for Users.

2.5 After logging in, users have access to a basic range of non-binding information and self-service videos about the SCAYLE Commerce Engine Technology and related topics.

2.6 SCAYLE does not charge any fees for the provision and use of the SCAYLE Academy itself. Insofar as the information provided relates to chargeable services, these are governed by a separate agreement.

2.7 SCAYLE shall not reimburse any expenses incurred by the user in connection with the use of SCAYLE Academy, in particular those for Internet use, self-administration and the purchase of suitable hardware and software.

3. Duration

3.1 The users may use SCAYLE Academy exclusively within the scope of existing business relationships with SCAYLE or its affiliated companies. Any use beyond this is excluded.

3.2 SCAYLE reserves the right to terminate the user relationship and delete the account of the User at any time.

3.3 SCAYLE also reserves the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently SCAYLE Academy (or any portion thereof) and/or the information, materials, and/or services available through SCAYLE Academy (or any part thereof) with or without notice. SCAYLE shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of SCAYLE Academy.

3.4 For the avoidance of doubt, the use of SCAYLE Academy is not necessary for the provision of other services agreed on in separate agreements (e.g. for SCAYLE Commerce Engine Technology) and serves only as a non-binding guide.

4. Password and Security

4.1 The User is responsible for maintaining the confidentiality of any password(s) obtained for access to SCAYLE Academy and is fully responsible for all activities that occur under the(se) password(s). The User undertakes to report immediately any unauthorized use of your password(s).

4.2 SCAYLE is committed to protecting the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. See our Privacy Policy for more information.

5. Intellectual Property Rights

5.1 Company names, brands, logos, data, information, images, videos, search results and texts as well as other SCAYLE content enjoy copyright protection under copyright law and/or other laws for the protection of intellectual property. The reproduction, republication, presentation, distribution and editing of content (in whole or in part) are only permitted with the express authorization of SCAYLE. Content that does not originate from SCAYLE itself also enjoys copyright protection under the Copyright Act and/or other laws for the protection of intellectual property in favour of the respective rights holder.

5.2 Nothing contained on SCAYLE Academy should be construed as granting, by implication or otherwise, any license or right to use the intellectual property of SCAYLE or its affiliated companies or third parties. Rights of use are only granted to the extent and for as long as this is necessary for the lawful use of SCAYLE Academy for informational, noncommercial purposes.

6.Confidentiality, Protection of Information, Data Protection

Notwithstanding other existing statutory or contractual obligations of confidentiality and secrecy, the following shall apply for an unlimited period of time and thus also beyond the end of the user relationship:

• The user is obliged to treat as confidential all knowledge of business secrets obtained in the context of the user relationship.
• The user shall protect all information requiring protection that comes to his knowledge in connection with the use of SCAYLE Academy against disclosure to unauthorized persons.

7. Liability

7.1 SCAYLE Academy is operated with due care. Nevertheless, no guarantee can be given for the availability of SCAYLE Academy or the correctness and accuracy of the information it contains.

7.2 Any liability for damages arising directly or indirectly from the use or non-usability of the SCAYLE Academy is excluded unless they are based on intent or gross negligence.

7.3 This shall not apply in the event of a breach of material contractual obligations or injury to life, body, or health. Material contractual obligations are those which make the proper performance of the contract possible in the first place and on the fulfilment of which the user therefore relies on and may rely.

7.4 In the event of a breach of material contractual obligations, SCAYLE shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, body, or health.

7.5 Although SCAYLE always endeavors to keep SCAYLE Academy free of viruses, SCAYLE does not guarantee that it is virus-free.

7.6 If SCAYLE Academy refers to websites operated by third parties, SCAYLE shall not assume any responsibility for the contents of such websites, nor does SCAYLE adopt such websites and their contents as its own, as SCAYLE does not control the linked information and is not responsible for the contents and information provided there.

8. Final Provisions

8.1 If changes to these Terms of Use become necessary, SCAYLE will inform the user and offer to continue the user relationship under the changed conditions. If the user rejects the amendment, SCAYLE shall terminate the user relationship and delete the existing access authorizations.

8.2 Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions of these Terms of Use. SCAYLE and the partner company shall be obliged in good faith to replace the invalid provision with a valid provision that is equivalent in economic effect, provided that this does not result in a material change to the content.

8.3 The provisions of these Terms of Use and the legal relationship between the parties are subject to German law. The place of fulfilment and exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is the corporate seat of SCAYLE.

8.4 The point of contact for all questions relating to the Terms of Use is academy@scayle.com.