Knowledgeworker Terms of Use

Please read these Terms of Use carefully, before registering or using Knowledgeworker. Upon registration, you confirm that the Terms of Use constitute a binding legal agreement and that you agree to comply with them.

These Terms of Use apply for all modules of the Knowledgeworker Suite (currently: Knowledgeworker Create, Knowledgeworker Share, Knowledgeworker Quiz, Knowledgeworker Coach and Knowledgeworker Cards).

KnowlegdeWorker is a service provided by: chemmedia AG (www.chemmedia.de)

1. Subject Matter of this Agreement
   When you agree with these Terms of Use and register for a Knowledgeworker module you conceive the technical provision and the entitlement to use Knowledgeworker as cloud solution and if provided by the respective module as App for smart devices. Knowledgeworker is hosted on chemmedia servers and/or servers being provided by 3rd parties authorized by chemmedia.
2. Registration
   In order to become a user of Knowledgeworker you need to register once providing a user name or e-mail address and a password. When setting up your user account you might be asked to enter further personal information, e.g. your name and address, in order to confirm your identity. You confirm that all information entered is accurate, current and complete. chemmedia reserves the right to deny access in case the data is untrue or inaccurate without prior notice or justification. chemmedia treats all your personal data as confidential according to the EU General Data Protection Regulation (GDPR).
3. Right of Use
   • You have the right to use Knowledgeworker and its functionalities via a browser-based internet connection during the agreement period on a non-exclusive, non-transferable and chargeable (for demo versions free of charge) basis. Any rights beyond these, in particular rights in the software and platform will not be transferred to you.
   • You are not authorized to use Knowledgeworker beyond the conditions of this agreement or grant access to third parties.
   • You agree not to interfere with or disrupt willfully the services Knowledgeworker provides or the associated servers or networks.
   • chemmedia is entitled to refuse the provision of services in case that third party property rights interfere with the usage of Knowledgeworker. chemmedia will immediately inform you of such case and grant access to your data. In such case chemmedia exempts you from payment. Furthermore, chemmedia holds you harmless from any claims of third parties due to property rights violation. Other claims or rights of you remain unaffected.
4. Your Duties and Obligations
   You agree to meet the following obligations in order to successfully accomplish this Agreement:
   • to protect the received user-authentication data and security procedures against third party access and not to forward these to unauthorized users;
   • to observe that Knowledgeworker is subject to copyright. The regulations apply, albeit the necessary level of creativity according to §69a Abs. 3 UrhG is not given.
   • to protect Knowledgeworker from abusive usage, in particular not to provide information containing unlawful information and/or information against public policy and/or on sedition, not to encourage criminal action, not to exalt and/or define down violence, not to be sexual obnoxious or pornographic and/or not to provide information endangering children and teenagers or damaging the reputation of chemmedia;
   • not to attempt to gain information and/or collect data without being authorized, neither directly nor via third parties or to intrude into chemmedia’s or chemmedia’s authorized contractor’s program-services and/or network-services;
   • not to misuse e-mail services for unsolicited distribution of promotion e-mails to third parties (spamming)
   • to indemnify and hold chemmedia harmless from any third party claims, arising from or relating to the unlawful and culpable use and/or approved misuse of Knowledgeworker, in particular claims due to violations of data protection and copy right regulations, and all further claims arising from the usage of the software. If you discover such (imminent) violations, you are obliged to immediately inform chemmedia.
   • to regularly backup (at least daily) the data transferred to chemmedia to prevent data loss and ensure the possibility to restore data and information structures;
   • to check data and information regarding viruses before sending and to use recent virus-protection technologies.
5. Use of Knowledgeworker contrary to Terms of Use
   • chemmedia is entitled to deny access to Knowledgeworker and the according data in case of an unlawful violation of the obligations of this agreement by you, in particular if a violation of clause 4.a-e applies. The access to Knowledgeworker will only be restored if the violation has been remedied and appropriate measures have been set up to avoid anew violations.
   • In case of a violation of clause 4.c of these Terms of Use chemmedia is entitled to delete the related data.
   • In case of a culpable violation regarding clause 5.a and 5.b of these Terms of Use by you, you are obliged to reimburse for occurred damages to chemmedia.
6. License Terms
   • The term of your license begins as soon as the access data for the Knowledgeworker module has been made available to you. These terms of use come into force as soon as you have accepted them with your first login to the respective Knnowledgeworker module.
   • The licensing of the Knowledgeworker modules is subject to the “Knowledgeworker License Terms”. You (or your company) will receive these when purchasing licenses.
   • If you use a demo version of a Knowledgeworker module, the “Knowledgeworker License Terms” do not apply. The license is automatically deactivated after the trial period has expired. Termination by you is not necessary.
7. Features and Prerequisites for the use of Knowledgeworker
   • You are provided with access to the respective Knowledgeworker module in default configuration as cloud solution. The user interface will be provided in the contractually agreed languages. (Learning) content can be created in any language, depending on the selected license model.
   • chemmedia may update the software and the operating system. This is especially necessary for security reasons and/or if issues need to be fixed.
   • For the use of Knowledgeworker you need an internet connection. A broadband internet connection with at least 16 MBit Download and 1 MBit Upload is recommended to minimize loading time of the Software. The necessary bandwidth depends on the type of E-Learning program.
   • Knowledgeworker can be accessed with up-to-date standard-conform web browsers of Microsoft, Google, Mozilla and Apple as well as up-to-date operating systems. For Flash-based functionalities and animations a Flash Plugin is necessary. A detailed list of the system requirements can be requested by e-mail to [email protected]
   • The provision of the aforementioned prerequisites as well as the telecommunication services are not an obligation of chemmedia.
   • If you use different browsers and/or software than specified in clause 7.d limitations regarding its usage may occur. chemmedia may only provide support for the mentioned browsers.
8. Availability
   On average an availability of Knowledgeworker of 99% in the course of the year is guaranteed.
9. Support
   • In case of malfunctioning you may contact chemmedia as follows: [email protected].
   • chemmedia responds to inquiries within one working day. Within response time you receive a confirmation of his inquiry, the expected start time for processing the request and if applicable a request for further information or material.
   • You agree to compensate chemmedia for all effort in case of a malfunctioning report, that proves to be no technical malfunctioning of chemmedia services after testing by chemmedia and you could have realized this yourself after reasonable (i.e. 1 hour) failure analysis.
   • Inquiries are processed Monday to Friday from 9am to 5pm CET, except German and Saxon holidays, with a workforce of 8 hours per day.
   • You may agree on an extended Service Level agreement with chemmedia. On request chemmedia will issue an according proposal.
   • You may agree on an additional Support agreement with chemmedia regarding all relevant content creation, translation processes, etc. On request chemmedia will issue an according proposal.
10. Liability
    • chemmedia shall only be liable for intent and gross negligence, according to the legal provisions.
    • In case of slight negligence chemmedia shall only be liable for injury of life, body or health and if an essential duty (cardinal obligation) of the contract is breached. In case of slight negligence the liability shall be limited to predictable and typical damages.
11. Force Majeure
    • Any delay in the performance of any duties or obligations of either party (except the payment of charges owed) will not be considered a breach of this agreement if such delay is caused by force majeure.
    • Cases of force majeure may be war, strikes, agitation, expropriation, cardinal changes of law, storm, floods, and other natural catastrophes as well as further circumstances beyond the control of each party, as water ingress, blackout, and destruction of data-keeping systems.
12. Final Provisions
    • For the contractual relationship German law applies, excluding the references to international law of contract. Court of jurisdiction is Chemnitz, Germany.
    • The inoperativeness of one or several provisions of the agreed conditions does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision, as long as it does not lead to a considerable change of the agreement. The same applies for gaps in the agreement.
    • These Terms of Use are subject to change at our sole discretion. Any change to the Terms of Use become effective as soon as they have been published by us.