Terms and Conditions of AGILE ACADEMY GmbH
1. Scope of Application
These Terms and Conditions (hereinafter “T&C”) apply to all services provided by
AGILE ACADEMY GmbH, proprietor Florian Dahl,
Walkürenstr. 24
90461 Nuremberg
(hereinafter “Provider” or “AA”), including via its partners. This concerns the services offered on the Website agileacademy.training (hereinafter referred to as “Website”), including but not limited to any individual agreements with the Provider.
2 Scope of Services and Offers
AA offers training on the following – non-exhaustive – range of topics in return for payment of the contractually agreed amount:
- Scrum Master certification
- Agile Coach
- Product Owner certification
- Kanban
- Design Thinking
- Liberating Structures
- Working Out Loud
- Facilitation
- SAFe
- Management 3.0
- unFIX
- Theory U
- Reinventing Organizations
- OKRs
- Agile risk management to limit dangers
- Gamification as a playful approach for better team performance
- Non-violent communication
The type and scope of the service is determined by the respective topic, which can be accessed at any time on the Website, as well as by the contractual services individually agreed in writing.
The content on the Website is made available to the User in various forms (e.g. via an online portal, app, by email or telephone, as a PDF document, in paper form, as part of personal individual or group consultation, or as part of seminars, etc.).
3. Registration
In order to be able to use the services offered by AA, the User must register by providing a valid email address, full and correct first and last name and address and, if applicable, a personal password; furthermore, the User is also required zo agree to the Terms and Conditions of the Provider.
The Provider reserves the right to reject individual User registrations without providing the grounds for doing so.
The Provider shall store the data provided by the User during the registration process. After successful completion of the registration process, the User shall receive confirmation and access to the online portal and app, if this service was selected by the User, at the email address provided, or in paper form.
4. Terms of Use
The services and content provided by AA are solely permitted for the User’s private and/or own professional purposes and are not transferable. Commercial or business use, reproduction or publication is prohibited.
The User undertakes to supply truthful and complete information during the entire contractual term and to keep this information up to date.
The User is obliged to keep his/her access data secret and to take the necessary care to prevent third parties from gaining access to it. Should there be any suspicion of third-party use, the User must promptly change the password.
The User is aware that the content and services provided apply exclusively to the contractually agreed scope.
For technical reasons, uninterrupted availability of the online portal cannot be guaranteed. In particular, regular maintenance and security work required to maintain and improve the online portal, as well as unforeseen events beyond the control of the Provider, may occasionally require the systems to be disconnected from the Internet, which can result in temporary downtimes. The User is aware of this.
The access details, options for using the services or content of AA may not be made available to third parties. The contents of PDF documents, web pages, emails, etc. may be saved and printed for private and/or own professional purposes.
The entire content of AA’s services may not be reproduced, distributed or made publicly accessible, nor may technical protection measures or copyright or rights notices be removed, save where this is expressly permitted.
The User is responsible at his/her own expense for providing the requisite hardware and software and a suitable Internet connection for accessing the agreed content and services of AA.
The User acknowledges and agrees that the content he/she shares with other members is not racist, pornographic or otherwise offensive. It is prohibited to use insults, discrimination, defamatory statements and insinuations, advertising and other commercial content or to publish the personal data of others. The rights to distribute the content published by the User shall remain with the User. When distributing third-party content, the User is obliged to ensure that this content has been released for distribution. Citations must be clearly marked.
This Agreement may be terminated prematurely by the Provider at any time if the User breaches these Terms of Use. In such a case, AA shall not be obliged to refund any payments already made by the User.
Furthermore, the User shall be liable to the Provider for any and all damages incurred by the Provider as a result of the User using the online service improperly or unlawfully in any other way. In such cases, the User undertakes to fully indemnify the Provider upon first request against any claims and/or demands made by third parties due to culpable infringement of rights by the User. This shall also include the costs of legal action and attorney’s fees. The User shall also be obliged to support the Provider in defending against such third-party claims.
AA shall not be held responsible for any content disseminated by the User and shall not systematically review such content. The Provider reserves the right to remove content that violates the Terms of Use.
5 Terms of Payment, Billing
The invoice amount shown in the Agreement includes value added tax at the statutory rate and is shown separately on the invoice.
AA is entitled to issue electronic invoices.
If payment in full has been agreed for a specific time period or services, the total amount shall be due immediately without deductions at the start of the time period or services, unless otherwise stipulated in writing in the Agreement.
Recurring payments, such as monthly subscriptions, must always be paid at the beginning of the respective period.
If the User fails to meet a due payment obligation to AA without good reason, AA shall be entitled, after prior warning and without prejudice to further statutory and contractual rights, to temporarily block the User’s access until the payment owed has been received. In such a case, the contractual term shall remain unaffected by the temporary blocking.
6. Contractual Terms and Termination/ Performance and Participation
The term of the respective access or services shall be contractually agreed. It shall begin immediately upon successful completion of the registration process or as agreed.
Termination must be made in writing to be effective.
The statutory right to termination without cause shall remain unaffected. For AA, cause is deemed to be given in particular if the User intentionally provides false information during the registration process, upon entering into the Agreement and/or in the event of subsequent changes to their data, or if they have violated the Terms of Use.
Performance of courses:
If there are fewer than 5 participants, we reserve the right to cancel the course.
If the course is canceled, the lesson will be rescheduled for a later date following consultation with the course participants, or AA will propose other arrangements.
Cancellation by the participant:
The User may cancel free of charge up to one day before the start of the course.
There is no entitlement to reimbursement of unused services. However, we will allow the participant to make up for a missed lesson in another course.
7. Cancellation Policy
Right to withdraw
The User has the right to withdraw from this Agreement within fourteen days without statement of grounds. The withdrawal period is fourteen days from the date of entering into the Agreement.
To exercise your right of withdrawal, you must provide us with
- Exact company name, address with street, house number, zip code and town, telephone no., fax no., email address
- using a clear form of declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this Agreement. You can use the attached sample withdrawal form, but this is not mandatory.
You can also complete and send the sample withdrawal form or another clear declaration electronically on our Website. If you make use of this option, we will promptly send you (e.g. by email) a confirmation of receipt of such withdrawal.
To comply with the withdrawal period, it is sufficient for the User to send the notification of exercise of the right of withdrawal before expiry of the withdrawal period.
| Sample withdrawal form (If you wish to withdraw from the Agreement, please complete and return this form). – To AGILE ACADEMY GmbH, Walkürenstr. 24, 90461 Nuremberg, info@agileacademy.training, Phone: +49175 993 5031 – I/we (*) hereby revoke the Agreement entered into by me/us (*) for the provision of the following service – Received on – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only in the case of notification on paper) – Date (*) Delete as appropriate. |
Consequences of withdrawal
If the User withdraws from this Agreement, the Provider shall reimburse all payments received from the User without undue delay and in any event not later than 14 days from the day on which the Provider is informed about the User’s decision to withdraw from this Agreement. For reimbursement, the Provider shall use the same means of payment that the User used for the original transaction, unless otherwise agreed with the User.
Premature lapse of the right of withdrawal
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of your wish to exercise your right of withdrawal with regard to this Agreement compared to the total scope of the contractually stipulated services.
If we have provided the service in full following your consent to its performance, you lose your right of withdrawal.
8 Liability
AA shall be liable for contractual and other claims of the User on the merits only for damages of the User (1) which AA, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) arising from loss of life, physical injury or damage to health which is due to a breach of duty by AA or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation, and (4) resulting from the breach of an obligation whose fulfillment is essential for the proper performance of the Agreement and on whose fulfillment the User generally places and may place his/her trust (so-called cardinal obligation).
AA’s liability in cases (1), (2) and (3) of the above clause shall be of unlimited amount. Otherwise, liability shall be limited to the typical foreseeable contractual damage.
In all other cases, AA’s liability shall be excluded irrespective of the legal grounds thereto.
9. Final Provisions
Ancillary agreements must be made in text form.
Should individual provisions of these T&C or of the concluded Agreement be or become invalid in whole or in part, the remaining provisions of the Agreement shall remain valid.
The agreed place of jurisdiction for all disputes arising from the contractual relationship between the User and AA shall be Nuremberg, Germany, provided that the User is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding the foregoing, AA shall also be entitled to take legal action against the User at the Use’s statutory place of jurisdiction.
This Agreement shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The parties undertake to endeavor at all times to resolve amicably any dispute that may arise between them as to the validity, effectiveness, interpretation, performance or termination of this Agreement and as to the acts or facts relating thereto. If no agreement can be reached, the dispute shall be referred to the exclusive jurisdiction of the court of the Provider’s place of business.
Amended on: April 9, 2024