Camunda Academy Terms
Materials means all information, data or content, in any media or format including but not limited to training courses and seminars Camunda may provide or make available to Partner in connection with Partner’s use of the Academy Platform.
Partner Agreement means any written agreement between Partner and Camunda establishing a partnership or business collaboration between the parties.
Live Training means classroom or seminars held either in person or via livestream on Camunda Academy.
Customer/Partner Feedback means suggestions, enhancement requests, recommendations or other feedback provided by Customer, Partner, its Employees or authorised parties relating to the operation or functionality of the service or the Camunda product.
Camunda offers its partners a learning platform known as Camunda Academy (hereinafter “Academy Platform”) which provides access to different training materials, videos, classroom seminars and guidelines about the Camunda product.
These Camunda Academy Terms and Conditions (“Agreement”) constitute a contract between Camunda and its affiliates (“Camunda”,”we”,”us” “our”) and you (“Partner”, “you”, “your”). Together known as the (“Parties”).
BY ACCESSING AND USING THE CAMUNDA ACADEMY IN ANY MANNER, PARTNER ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS OF SERVICE. IF PARTNER DOES NOT UNCONDITIONALLY ACCEPT THE CAMUNDA ACADEMY TERMS IN THEIR ENTIRETY, PARTNER SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE ACADEMY PLATFORM. IF THE ACADEMY PLATFORM TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
DO NOT CHECK THE BOX AND CLICK “REGISTER”, UNLESS (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU CHECK THE BOX ON THE ACADEMY PLATFORM SIGN UP PAGE LABELED “I CONFIRM THAT I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS”, AND CLICK “REGISTER” YOU WILL BE GRANTED ACCESS TO CAMUNDA ACADEMY, AND THIS AGREEMENT WILL BE EFFECTIVE IMMEDIATELY.
Registration to the Academy Platform
Access to the Academy Platform will be provided by Camunda at its sole discretion. Any access codes and passwords are restricted to authorized users only and Camunda reserves the right to revoke your access at any time. By registering, you agree to provide truthful and accurate information and to be solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access the Academy Platform as well as any activity that occurs under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through the Academy Platform.
Registration for Seminars or Live Trainings
Registrations for Seminars and/ or Live Trainings through the Academy Platform are binding and will be confirmed either within the Academy Platform or via email. Upon receipt of the registration confirmation, the contract for participation in the Seminar/ Live Training is deemed concluded. If you do not receive the registration confirmation or if it is delayed, the contract is considered concluded if we do not declare our rejection within a period of 14 days. Registrations will be considered in the order of receipt up to the maximum number of participants. The maximum number of participants can be found in the descriptions of each Seminar or Live Training.
Attendance confirmation and certificates
Upon successful completion of any courses available on the Academy Platform, you will receive a certificate of completion which will be available for download in your account.
Camunda reserves the right to cancel Live Trainings with less than 4 participants or change the dates of Live Trainings if necessary. Camunda reserves the right to cancel or change the date of such Live Trainings, that are provided remotely, for any reason with at least 7 calendar days’ notice before the date of any cancelled or postponed Live Training. In all other cases, Camunda will provide Partner with at least 21 calendar days’ notice before the date of any cancelled Live Training.
If a Live Training is cancelled due to force majeure, illness of the trainer or other circumstances for which Camunda is not responsible, Camunda sole liability will be to offer the Partner an alternative date for such Live Training. If no agreement is reached on an alternative date, the Partner is free to withdraw its registration for the cancelled Live Training by providing prompt written notice to Camunda, and if the Live Training fee has already been paid, Camunda will refund it. In no event Camunda can be held liable to reimburse consequential damages of a change of Live Training dates.
In accessing the Academy Platform, Partner shall:
- use commercially reasonable efforts to prevent unauthorized access to or use of the Academy Platform, including keeping passwords and usernames confidential and not permitting any third-party to access or use Partner’s username, password, or account for the Academy Platform;
- be solely responsible and liable for all activity conducted through Partner’s account in connection with the Academy Platform;
- promptly notify Camunda if Partner becomes aware of or reasonably suspect any security breach relating in any way to the Academy Platform, including any loss, theft, or unauthorized disclosure or use of Partner’s username, password, or account; and
- otherwise access in connection with Partner’s use thereof, the Academy Platform only in accordance with applicable laws and government regulations.
Partner shall not:
- use the Academy Platform to store or transmit any content, including content, that may be infringing, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws;
- attempt to gain unauthorized access to the Academy Platform, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Academy Platform; and
- authorize, permit, or encourage any third-party to do any of the above.
- post or transmit through the Acdemy Platform software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Academy Platform or the Materials.
- participate on the Academy Platform in any manner that consists of any unsolicited or unauthorized advertising, commercial solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” political campaign materials, mass mailings, “pyramid schemes,” or any other form of solicitation.
Any Camunda Material marked as confidential in the Academy platform is confidential information and the same confidentiality obligations apply to this Content as set out in the Partner Agreement signed between Camunda and Partner.
Intellectual Property Rights
Subject only to limited rights to access and use the Academy platform as expressly stated herein, all rights, title and interest in and to the Academy platform and any information and content contained therein and all related intellectual property rights, belong exclusively to Camunda.
The Materials (e.g. handouts, exercises, case studies etc.) are copyrighted by Camunda, and Camunda retains all intellectual property rights therein. Partner has no rights to record, reproduce the Seminar and the Materials or distribute them to any third party, for any purpose, without the written consent of Camunda. Subject to the foregoing, registrants may retain copies of the Materials for their personal use, non-commercial use.
Customer/ Partner Feedback
Nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Camunda’s right to use, profit from, incorporate into its products or services, disclose, publish, keep secret, or otherwise exploit Customer/Partner Feedback, without compensating or crediting Customer or Partner or the individual providing such Customer/Partner Feedback, except to the limited extent that the section on Confidential Information in this Agreement governs Customer/Partner Feedback that constitutes Confidential Information. Notwithstanding the provisions of the(Confidential Information section, Customer or Partner may not designate Customer/Partner Feedback as its Confidential Information to the extent that such Customer/ Partner Feedback relates to Camunda’s products or services.
THE ACADEMY PLATFORM AND CAMUNDA MATERIALS, AND ANYTHING PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. CAMUNDA HEREBY DISCLAIMS FOR ITSELF AND ITS SUPPLIERS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, CAMUNDA AND ITS SUPPLIERS DO NOT WARRANT THAT THE ACADEMY PLATFORM OR CAMUNDA MATERIALS WILL OPERATE WITHOUT ERRORS OR ARE FREE FROM VIRUSES, BUGS, WORMS OR ANY OTHER HARMFUL COMPONENTS, AND CAMUNDA SHALL HAVE NO LIABILITY DUE TO ANY DAMAGES CAUSED BY THE SAME.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY (EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW), IN NO EVENT WILL CAMUNDA OR ITS SUPPLIERS BE LIABLE TO PARTNER (OR ANY PERSON CLAIMING UNDER OR THROUGH PARTNER) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE OPERATION, USE OF OR ACCESS TO THE ACADEMY PLATFORM, OR ANY CONTENT THEREON, THE DELAY OR INABILITY TO USE THE ACADEMY PLATFORM OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF CAMUNDA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF CAMUNDA TO PARTNER FOR ANY CLAIM(S), WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RELATING TO OR ARISING OUT OF THE OPERATION, USE OF OR ACCESS TO THE ACADEMY PLATFORM, OR ANY CONTENT THEREON, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED, IN THE AGGREGATE, 1.000 USD. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
To the extent permitted by law, Partner agrees to indemnify and hold Camunda harmless, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) Partner’s access to or use of the Academy Platform; (ii) Partner’s breach or alleged breach of this Agreement; (iii) Partner’s violation of any third party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; (iv) Partner’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentations made by Partner. Partner will cooperate as requested by Camunda in the defense of any claim. Camunda reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Partner, and Partner will not under any circumstances settle any claim without the prior written consent of Camunda.
Partner is responsible for complying with all applicable privacy or data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
In case Partner provides through the Academy Platform personal data other than personal data that is required to the registering and signing up to the Academy Platform (including personal data of EU citizens or California residents), Partner will inform Camunda and the Parties may execute a separate Data Processing Addendum governing such process. In case of conflict between this Agreement and the Data Processing Addendum, the Data Processing Addendum shall prevail.
This Agreement shall be deemed to have been made in and shall be construed pursuant to the laws of the State of California and the United States without regard to the conflict of law provisions thereof. The sole venue for all disputes relating to this Agreement shall be in San Francisco County, San Francisco. The rights and obligations of the Parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Term and termination
This Agreement remains in effect until terminated and will terminate automatically upon termination of the Partner Agreement between Camunda and Partner or upon revocation of Partner’s access to the Academy Platform. Camunda may revoke or terminate Partner’s access to the Academy Platform at any time without notice at its sole discretion.
Miscellaneous ( Modification of Terms)
Camunda reserves the right to modify the terms of this Agreement from time to time and limit Partner’s access to the Academy Platform without prior notice.