Last update: July 17th 2023
The Terms apply to the use of the Academy Services. This includes mobile and tablet versions, as well as any other version of the Academy Services accessible via desktop, mobile, tablet, social media, or other devices.
1. USER ACCOUNT AND ACCEPTANCE OF TERMS
1. These Terms govern your access and use of your user account (“Account”) with Ververica for the Ververica Academy and the Academy Services. By registering for the Account and/or using any of the Academy Services, you agree to be bound by these Terms. If you do not agree to all clauses of these Terms, you must not continue with the account registration process and must not use any part of the Academy Services. The Parties agree that the general obligations in electronic commerce in Section 312i para. 1 sentence 1 no. 1-3 of the German Civil Code (Bürgerliches Gesetzbuch) shall not apply.
2. You represent and warrant that you are an entrepreneur within the meaning of Section 14 of the German Civil Code, i.e. a natural or legal person or a partnership with legal capacity who, at the time of entering into this agreement, is acting in the exercise of its commercial or independent professional activities, including where you are a natural person who is entering these Terms and will be using the Academy Services for purposes that predominantly are within your trade, business or profession.
3. Children under the age of 13 are prohibited from using the Academy Services, therefore shall not register an Account with us. For those users under the age of 18 (or any higher age if the age of majority is higher than 18 pursuant to the laws applicable to the User) and over the age of 13, it is the responsibility of parents and/or legal guardians of the User to determine whether use of the Academy Services is appropriate for such User.
4. If you are using the Academy Services on behalf of your employer, you hereby represent and warrant that you have full legal authority to bind your employer to these Terms. Accordingly, all references in these Terms to “you”, “your” or “User” shall be deemed to include your employer, except where the context may otherwise require. If you do not have such authority, then you may not use the Academy Services on behalf of your employer and you must discontinue all use of the Academy Service immediately.
5. You represent and warrant that all registration information you submit is accurate and truthful and that your use of the Academy Services does not violate any applicable law or regulation. Ververica may, in its sole discretion, refuse to offer the Academy Services in its entirety or any part thereof to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Academy Services is revoked in such jurisdictions.
6. By using any part of the Academy Services, you represent and warrant that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into these Terms.
7. We may in our sole discretion refuse to register your Account. Without prejudice to the generality of the foregoing, we may refuse to do so when your Account was previously terminated due to a breach of these Terms or when we reasonably consider you likely to breach any of the representations and warranties contained in these Terms.
8. By registering an Account, you are responsible for maintaining the confidentiality of your password and other Account information and you are fully responsible for all activities that occur under your Account. You agree to (i) immediately notify Ververica of any unauthorized use of your password or Account or any other breach of security and (ii) ensure that you log out of your Account at the end of each session. You may never use another user’s Account without Ververica’s prior authorization. Ververica is not liable for any loss or damage arising from your failure to comply with these Terms.
2. VERVERICA ACADEMY
1. Ververica Academy (www.ververica.academy) is an online digital environment that facilitates the delivery of educational content, enabling users to learn various subjects or skills at their own pace. Key functionalities may include, but are not limited to: Course Content, Assessment and Tracking, Interactive Elements, Certifications and Badges, and Personalized Learning Paths.
2. In delivering Ververica Academy and/or the Academy Services, solutions and services providers listed below may also be used or engaged:
3. Ververica offers the Ververica Academy through www.ververica.academy (“Ververica Academy Website”).
4. Use of certain part of the Ververica Academy Website and certain courses, functions and/or other services thereon designated by Ververica as “free” is free of charge, while some others may only be used for a fee.5. For the avoidance of doubt, the Ververica Academy Website may also contain content provided by third parties. Ververica bears no obligation or liability for any such content provided by any third party, and you shall evaluate any potential risk and consequence of accessing such content before clicking relevant links and assume any and all obligations and liabilities arising therefrom or in connection therewith.
3. PROHIBITED ACTIVITIES1. You agree not to use the Academy Services in a negligent, fraudulent, or unlawful manner. You also agree not to engage in any conduct or action that damages the image, interests, or rights of Ververica. In addition, the following activities are prohibited, unless with our written permission or such restrictions are prohibited by law, in particular the German Copyright Act (Urheberrechtsgesetz) such as the right to interoperability or to create a backup copy:
2. Ververica is entitled to delete content provided by the User in connection with the Academy Services or by third parties who the User allows to use the Academy Services and/or to disable access to such content if and to the extent that, based on Ververica’s reasonable judgement, the content does not meet the requirements of these Terms.
3. In addition, Ververica is entitled to completely or partially disable the User’s access and/or that of third parties who the User allows to use the Academy Services to the Academy Services and/or to suspend the provision of the Academy Services under these Terms if the User does not fulfill its payment obligations as specified in these Terms in part or in full or materially breaches other obligations under these Terms, or it is necessary to disable the access due to legal requirements.
4. USER’S RESPONSIBILITIES
1. Without restriction of Ververica’s obligation to provide the Academy Services, by using the Academy Services you accept personal responsibility for the results of your use of the Academy Services and for any actions taken through the Academy Services. Ververica does not guarantee any outcome, benefit, or failure as a result of your use of the Academy Services. You acknowledge and agree that your ultimate success or failure in using the Academy Services will be the result of your own actions, your situation and other circumstances beyond Ververica’s control. Without restriction of Ververica’s obligation to provide the Academy Services, by visiting the Ververica Academy Websites and accessing the content available on the Ververica Academy Websites you accept personal responsibility for the results of the use of the information and content available on the Ververica Academy Websites. Ververica does not guarantee the results of actions advised or not advised by these Websites and the content available on the Ververica Academy Websites. Ververica provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the Ververica Academy Websites will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond Ververica’s control.
2. You are responsible towards Ververica for all actions and omissions by your employees acting on your behalf. Furthermore, you warrant that all your employees you allow to use the Academy Services have rights of representation in relation to you, including the right to make legally relevant declarations within the context of the rights of access and use granted to them.
3. When using the Academy Services, you warrant that you will comply with all applicable laws, including product liability, product safety, e-commerce, data protection, tax, sanctions laws, export and import control laws, including U.S. and international export and import control laws, as well as the U.S. Children’s Online Privacy Protection Act. Ververica shall not be liable for the exportability of the Academy Services or obtaining an approval required for an export to any country or for any delays caused by applicable export procedures unless this is caused by a culpable violation of Ververica’s obligations under these Terms.
4. You acknowledge that the Academy Services may contain components, technologies and/or services which are subject to the laws or decisions regarding sanctions, export controls, embargoes and/or other trade restriction requirements, of the United Nations or countries in which the Academy Services are provided. You represent and warrant that you will not use, export or re-export, sell, re-sell, license, distribute, make available or transfer or cause or facilitate the transfer of the Academy Services, including any component or part thereof, directly or indirectly to (i) any country or destination subject to comprehensive export controls, sanctions or other restrictions, or (ii) any individual or entity listed on any applicable sanction lists (including without limitation the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Denied Persons List, Entity List) or any other parties not eligible to receive them, as such lists may be updated from time to time.5. You further warrant that you will not use, export or re-export, sell, re-sell, divert or otherwise transfer the Academy Services, including any component or part thereof, for use in activities that involve any of the following:
5. INVESTIGATION AND ENFORCEMENT
1. Ververica shall have the right to investigate any potential breach or violation of these Terms and to report any activities that Ververica reasonably considers to be in violation of these Terms or any applicable laws or regulations in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties.
2. Ververica shall have the right to access, disclose and/or remove any content you published on or submitted to Ververica or to the Academy Services in connection therewith or to comply with applicable law, legal process, or lawful government requests, or in respect of any claims or potential claims brought against Ververica, or its shareholders, subsidiaries or affiliates.
6. FEES AND PAYMENTS
1. Except in the case of items/areas that are designated as “free”, you may be required to pay a fee (“Fee”) for your use of the Academy Services. Details of any Fee are set forth on the corresponding webpages of the Academy Services. The Fee may be paid through the following payment methods subject to the availability at the time of the payment: Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.).
2. Payments will be processed through a payment processor such as Stripe. Payment for your use of the Academy Services will be charged to your credit/debit card once the payment process is completed. Once the transaction has been processed and payment for the use of the Academy Services has been completed, we will send an electronic receipt to the User’s email address. If the User purchases use of the Academy Services, the User will receive a license token (only if a token is required), via the User’s email address upon completion of the payment process. If you find any inconsistencies in your billing, please contact us via our contact details or file a complaint via the customer service of the relevant payment processor.
3. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes two (2) to five (5) working days. Your card may be declined for a number of reasons such as insufficient funds, AVS (Address Verification System) mismatch or an incorrect security code. If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
4. Your payment data will be processed and kept securely and for the sole purpose of processing the purchase of the use of the Academy Services. Ververica reserves the right to contract any payment platform available on the market which processes your data for the sole purpose of processing the purchase for the use of the Academy Services.
5. In the event of late payments, Ververica reserves the right to suspend User’s access to the Academy Services until all due payments have been made. Ververica will inform the User well in advance about any suspension. For the avoidance of doubt, the suspension neither interrupts the term nor the User’s further payment obligations.
7. INTELLECTUAL PROPERTY AND COPYRIGHT
1. The content and information available on or contained in the Academy Services (including, but not limited to, data, information, text, music, sound, photos, graphics, videos, maps, icons, illustrations, software or other material) as well as the infrastructure used to provide such content and information are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Ververica or by third parties who have licensed or provided their material to the platform. With the exception of the rights explicitly granted under these Terms, both Parties and their third-party suppliers and licensors remain the holders of all rights. All rights to the Academy Services, also covering all future developments, will remain with Ververica, its third-party suppliers and licensors.
2. When you download, use or purchase any courses or other content on the Academy Services and we conclude a valid agreement under the Terms, unless otherwise provided to the contrary, Ververica grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable license to use such courses or other contents that Ververica provides to you for the purposes agreed by the Parties (e.g. educational purpose, or other purposes agreed in the purchasing process, or on the course/content details page). You may not copy, reproduce, modify, distribute, sell, rent or otherwise transfer any part of the Academy Services or the included courses or other contents, or reverse engineer or attempt to extract the resources or source code of such courses or other contents, unless with our written permission or such restrictions are prohibited by law, in particular the German Copyright Act such as the right to interoperability or to create a backup copy.
3. You grant Ververica a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use any suggestion, recommendation, feature request, or other feedback related to the Academy Services provided by or on behalf of you and your employees, and to incorporate any of the above into the Academy Services.
4. Ververica will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. Ververica respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Ververica Academy Websites infringes your intellectual property right or copyright, please submit your request via our contact information, with the following information:
1. You agree to defend and indemnify Ververica from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of (i) a breach of these Terms or the documents referenced herein, (ii) a violation of any law or the rights of a third party, or (iii) use of Academy Services by you or an affiliate of you within the meaning of Section 15 of the German Stock Corporation Act.
2. This duty of indemnification does not apply if you are not responsible for the occurrence of the relevant claims, damage or costs etc.
9. DATA PROTECTION AND INFORMATION SECURITY
2. You will inform your end-users (i.e. the “Data Subjects”), if applicable, in accordance with applicable requirements (such as Articles 13 and 14 GDPR) as only you as the data controller are in direct contact with the Data Subjects. You are responsible and guarantee to obtain and maintain valid consents from all the Data Subjects as may be necessary under applicable law (including data protection, privacy or data processing laws and regulations) to process their personal data in the manner and for the purposes set forth in these Terms.3. Ververica is committed to ensuring the security, confidentiality, and integrity of its customers’ information. To achieve this goal, Ververica has implemented a range of comprehensive and reasonable information security controls, with which you shall comply to be able to use the Academy Services. However, you are also responsible for implementing your own information security controls to safeguard your data while using the Academy Services, including without limitation protecting your access to Academy Services. In addition, you are solely responsible for verifying all content you uploaded to and/or disseminate with the Academy Services. This verification process should ensure that such content is free from any known vulnerabilities and that it has not performed any malicious actions either inside or outside of Ververica’s infrastructure and environment, and such contents are compliant with all applicable laws. This security verification of your content is essential to maintain the overall security, order, and integrity of the Academy Services. Ververica may suspend or terminate the Academy Services to you in the event that there are reasonable indications that you have failed to ensure the security of your content or your data.
10. CONFIDENTIAL INFORMATION“Confidential Information” means information, whether in oral, written or other form that you or Ververica (“Discloser”) or, where applicable, your/its respective officers, directors, advisers, employees or agents (collectively, your/its “Representatives”) discloses to Ververica or you, respectively (“Recipient”) or, where applicable, your/its Representatives, including without limitation: internal policies, business plans, capitalization tables, budgets, and financial statements; costs, prices, and marketing plans; contracts and licenses; employee, customer, supplier, shareholder, partner or investor lists; technology, know-how, business processes, trade secrets and business models; notes, sketches, flow charts, formulas, blueprints, and elements thereof; and source code, object code, graphical design, user interfaces and other intellectual property, including that of any customer, supplier or other third party. Notwithstanding the foregoing, Confidential Information shall not include information that:
2. These obligations of confidentiality under this section shall survive the termination of the agreement between the Parties by a term of three (3) years.
11. LIMITATION OF LIABILITIES
1. Ververica shall be responsible for ensuring that the Academy Services operate as specified in these Terms. Ververica does not assume any liability for any damages resulting from a usage of the Academy Services not in accordance with the specifications of these Terms.
2. Ververica will be liable for damages and futile expenses only to the extent such damages or expenses are due to (i) intentional or grossly negligent conduct of Ververica or (ii) Ververica’s breach of a material contractual duty. “Material Contractual Duties” or “Cardinal Obligations” are the contractual obligations protecting User’s material interests under these Terms, i.e. obligations that characterize the Academy Services and on which User may rely. In the event of a just slightly negligent breach of a Material Contractual Duty by Ververica, its legal representatives or vicarious agents, Ververica’s liability shall be limited to the damage or loss which is foreseeable and typical of the contract at the time of conclusion of these Terms.
3. The foregoing limitations shall not affect liability for damages resulting from an injury to life, body, or health. The same applies to claims resulting from warranty breaches and claims under the German Product Liability Act (Produkthaftungsgesetz).
4. Neither Party will be liable for failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
5. Ververica will provide the Academy Services “as is” and is not obliged to guarantee specific functions or other requirements of the Academy Services, including with regard to availability. Ververica can provide an updated or modified version at any time at its sole discretion, without prior notice and without specifying any reasons. To the extent permitted by applicable laws, Ververica excludes any warranty or liability for and in connection with use of the Academy Services. Ververica’s liability for intent and gross negligence and in the case of fraudulent concealment of defects remains unaffected.
6. All exclusions and limitations of liability set out in this Section 11 also apply to Ververica’s affiliates, members of the executive board, directors, employees, agents, subcontractors, sub-suppliers, and other persons assisting Ververica.
12. THIRD PARTIES
1. Through your use of the Academy Services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred.
2. Where Ververica provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. Ververica is in no way responsible for such third-party websites.
1. Ververica may amend these Terms for legitimate reasons, in particular for legal or security reasons. This does not apply to Fees. Ververica will notify the User of any amendment at least thirty (30) days prior to its proposed entry into force.
2. If the User fails to object in text format to an amendment before the proposed effective date, the User will be deemed to have accepted the amendment. Ververica may only introduce amendments that would create new obligations for the User or make its existing obligations more onerous if the User gives its express consent.
3. Ververica may make amendments at shorter notice if (i) Ververica is subject to a legal or regulatory obligation that precludes compliance with the thirty (30) day deadline, (ii) Ververica needs to amend the Terms to avert an unforeseen and imminent threat to its business operations, or (iii) the amendments are only of editorial nature. In the case of amendments made at short notice, the User will be entitled to terminate the agreement for cause if the amendment is as a whole disadvantageous for the User, i.e. if it changes the relationship between performance and Fees to the User’s disadvantage.
4. In all other cases, amendments will only be effective if agreed between the Parties in text form. This will also apply to any amendment or supplement to the requirement of text form.
1. We reserve the right to suspend or terminate your access to the entire Academy Services or any part thereof at any time and for any reason, without prior notice or liability, provided that unless otherwise provided to the contrary under this Section 14, you shall be entitled to the refund of the Fees you paid for the terminated Academy Services that are not rendered, unused and not expired as of the date of termination on a pro rata basis. Upon termination, you shall no longer have access to your account or any associated content. Sections 7 (Intellectual Property and Copyright), 10 (Confidential Information) and 11 (Limitation of Liabilities) of these Terms of Service shall survive any termination.
2. Ververica may suspend the provision of the Academy Services or any parts thereof immediately on written notice to the User where Ververica reasonably suspects that the provision of the Academy Services or the use of the Academy Services by the User may result in a violation of any applicable laws, including laws on export or import control. For the avoidance of doubt, you will not be entitled to any refund or credit of any Fees or other paid amounts in this case.
3. Upon termination or expiration of the agreement under these Terms, the User’s Account will be terminated, meaning you will no longer have access to the Academy Services. Ververica will delete your data within thirty (30) days after the termination or expiration of the agreement unless statutory provisions require a further retention.
1. In the event of any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Academy Services, you agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Ververica may choose to send you a written offer after receiving your initial communication.
2. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you may submit to the competent courts of Germany at the domicile of Ververica.
16. FINAL PROVISIONS
1. Unless explicitly agreed otherwise, Ververica will provide the Academy Services to you as activities (services).
2. These Terms are governed by the laws of Germany without giving effect to the principles of conflicts of law thereof. Use of the Ververica Academy Services are not authorized in any jurisdiction that does not give effect to all provisions of these Terms. Exclusive place of jurisdiction for all disputes between the Parties shall be the courts of Germany at the domicile of Ververica.
3. Our compliance with these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Academy Services or information provided to or collected by us in connection with such use.
4. There are no oral amendments to these Terms. Any amendments require the agreement of the Parties in text form. The same applies to any agreement on waiver of this form requirement.
5. Unless otherwise specified in these Terms, you shall not assign or otherwise transfer any rights or obligations under these Terms without Ververica’s permission. Ververica may assign, novate and/or transfer rights and obligations under these Terms, in whole or in part, to (i) any of its affiliates or (ii) to a third party in connection with a restructuring. These Terms will be binding on the Parties and their respective successors and permitted assigns. Any assignment in contravention of this section is void.
6. If any section of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision in the future.
7. Any rights not expressly granted herein are reserved.
8. If you have questions or concerns about these Terms, please contact us through our contact page or by using the contact information below: