TERMS OF USE

Effective date: 30.6. 2024

Welcome to FinishingX.de, further referred to as "Website", "platform" or "our website", operated by FinishingX media, s.r.o., further referred to as "FinishingX", "we", "us", or "our". Information on FinishingX can be found under: https://finishingx.de/about. The content of our website is further referred to as "training", or "training material", "training course" or such. The organization purchasing our product is further referred to as "Buyer", "you", or "your". An individual using our website is referred to as "user".

GENERAL TERMS

(1) By using our website users as well as the Buyer agrees with our terms of use. If you do not agree to these Terms, please do not access our Website.

(2) Unless explicitly stated in a written agreement signed by both parties, legally binding is only information stated in these Terms of use, and text designated on our website as Disclaimer or Safety Information.

LIABILITY

(3) FinishingX and the authors cannot be held liable for any errors or their consequences to the Buyer or others. The liability is only limited to damages caused by gross negligence or willful misconduct.

(4) FinishingX's liability for any damages to the Buyer or any other party shall not exceed the amount paid by the Buyer.

(5) The training materials offered by FinishingX are provided for informational purposes only. The Buyer should always seek advice from trained professionals and endorse users to look for further sources of information. It is possible that our training materials may not comply with local laws, internal procedures of the Buyer's company, or specific industry/application requirements. It is the Buyer's responsibility to make any necessary adjustments to the content before use. This should be done based on a risk assessment conducted by a competent person.

(6) The training materials are specifically created to comply with national laws of Germany. This compliance is however restricted only to laws that are applicable throughout the entire country. The training materials may not comply with local German laws, regulations, or laws of other countries outside of Germany. It is the responsibility of the Buyer to verify whether this poses any risks to the users or others and take appropriate actions.

(7) The training materials are presented in a template format. It is the Buyer's responsibility to make any necessary adjustments to the content before use. This should be done based on a risk assessment conducted by a competent person. Before each use, the Buyer is responsible for verifying whether the training materials are correct, current, and applicable to their work environment and applicable law. FinishingX cannot verify whether this assessment has been completed or whether necessary changes have been made. FinishingX and the authors is not liable for any errors introduced by the Buyer and their consequences to the Buyer or others.

(8) The purpose of the training materials is to improve safety awareness of the users. This training is NOT a substitute for practical exercises and on-site safety training that must be in line with the Buyer's workplace's risk assessment. It is the responsibility of the Buyer to communicate this information to all users. To perform occupational safety trainings, it is recommended that the Buyer hire qualified professionals in their field.

(9) The content of of the training materials has been simplified to explain complicated matters to a broader audience. The Buyer is responsible for verifying whether the training materials are sufficient for their audience.

(10) Enrollments to the training materials must be based on a risk assessment conducted by the Buyer to ensure that the information is appropriate for the task performed by the individuals in the workplace. The Buyer must review the training material and their respective course About Pages, paying special attention to the target audience, required knowledge, and safety advice communicated in the About Page. The Buyer is responsible for considering all these factors for enrollment of their users into our courses. Failing to do so may result in misunderstandings and errors. FinishingX and the authors cannot be held liable for any consequences to the Buyer or others.

(11) All users must have sufficient language and subject matter skills to understand the content presented in the training course. Misunderstanding the content may put users or others at serious risk. FinishingX does not guarantee the accuracy of translations from the original German version to any language. The use is at the Buyer's own risk. The Buyer is responsible for evaluating these factors in a risk assessment and put appropriate precautions in place.

(12) Although the Buyer may access our website outside of Germany, FinishingX's general legal obligations are valid only in Germany. FinishingX makes no warranty as to compliance of the platform's content with all applicable laws in the Buyer's jurisdiction. Outside of Germany, the use is at the Buyer's own risk. The Buyer is responsible evaluating of any possible risk to the users and put appropriate precautions in place.

(13) Please note that beta training courses may contain a higher number of errors as they are currently under development and in the beta-testing stage. The use of these training courses is at the Buyer's own risk. Before each use, the Buyer is responsible for verifying whether the training materials are up-to-date. This must be done based on a risk assessment conducted by the buyer. If the buyer does not have the necessary resources to conduct such a risk assessment, it is recommended to avoid beta training courses. FinishingX kindly asks the buyer to report any errors in the final training survey. FinishingX is responsible for clearly marking beta-training courses on the website.

(14) Demo training courses are incomplete and must not be used as a substitute for actual safety trainings. Please note that these training courses are intended solely for advertising purposes. The information presented in these trainings are only a partial section of a comprehensive training program and may be easily misunderstood. In no event shall FinishingX be liable for indirect or consequential damages or lost profits.

(15) FinishingX does not provide support for product, process, or service that may be accessed through hypertext links on our website. Such links are provided solely for informational purposes only. Any use of these third-party sites is on Buyer's own risk, and FinishingX shall not be liable for any direct or consequential loss that may arise as a result of such use. FinishingX will take reasonable steps to ensure that any links provided do not lead to illegal or harmful content. The Buyer is responsible for evaluating whether these links could pose a risk to the user and remove them if necessary, or optionally inform us accordingly.

(16) FinishingX commits to obtaining liability insurance covering a minimum of 400,000 Euros. The Buyer is responsible for reviewing the contract with the insurance company and notifying FinishingX of any inadequate coverage. If the Buyer does not identify insufficient coverage and a claim arises later that exceeds the coverage, the Buyer is accountable for any damages not covered by the insurance. It is possible to increase the insurance cover, but only at the buyer's request and at the buyer's expense.

(17) The Buyer must immediately report any damage or financial loss claims to FinishingX, no later than 2 months after the incident. Any claim made after the expiry of this period will be considered to be time-barred and therefore invalid, meaning that the Buyer will lose any right to financial compensation of any kind for such claims.

(18) The Buyer is obligated to ensure the accuracy and completeness of provided billing data, such as names and addresses. Should the data be proven incorrect, FinishingX holds no liability for damages or financial loss to the Buyer or third parties, as the liability insurance may not cover such damage.

(19) Our training materials are intended solely for use within the scope of the Buyer's subscription. Any unauthorised use of our materials is strictly prohibited. Such actions may cause the materials to become outdated and the information to become invalid. As a result, FinishingX accepts no responsibility for any damage or financial loss suffered by the Buyer or third parties.

WARANTY

(20) We do not warrant that the website will operate in an uninterrupted or error-free manner, that is free of viruses or other harmful components. The use of the website is on Buyer's own risk. Any potential Buyer is provided with the opportunity to get a free demo account, allowing them to assess its quality and performance prior to making a purchase.

(21) The Services may have periods of unavailability for scheduled maintenance and non-scheduled downtimes. In such case, FinishingX has no obligation to provide any kind of compensation, support, or maintenance services.

All content of our website is protected by copyright law and may not be reproduced, distributed, or used without permission from the owner.

(23) Our training materials is supplied as part of a subscription. Any provided training materials may only to be used during a valid subscription period. Violations such a posting any content from the platform on the internet, may result in charges proportional to the development cost of the entire platform including website, legal cost, marketing cost and course development.

BUSINESS-ONLY POLICY

(24) Our website is intended solely for use by businesses and organizations. We do not conduct transactions with individuals or consumers. By accessing and using our website, you agree that you are representing a business or organization and have the authority to enter into transactions on behalf of that entity. Any individual who accesses or uses our website does so at their own risk and is solely responsible for any consequences or damages resulting from such use. We reserve the right to refuse service or terminate transactions with any user who does not meet our business-only policy requirements.

(25) Right of Withdrawal: Since our contracts exclusively involve business relationships between companies (B2B), there is no right of withdrawal for the parties, in accordance with legal regulations.

COMPLAIN PROCEDURE

(26) We take all complaints seriously and will work to address your concerns as quickly and fairly as possible. If you have a complaint regarding our website or services, please contact our customer service team by email at info@finishingX.de. Our team will work with you to address your concerns as quickly as possible. Please provide a detailed description of your complaint, including the nature of the issue, the date and time of the incident, and any other relevant details. Escalation: If you are not satisfied with the resolution of your complaint, or if no prompt response is received, please contact us on our postal address. It could be that your email ended up in a spam filter or was not processed properly.

(27) If there is a disagreement between FinishingX and the user or Buyer, jurisdiction determined by the location of FinishingX media, s.r.o. (see https://finishingx.de/about).

(28) Online Dispute Resolution: The EU Commission has provided a platform for online dispute resolution (OS). This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. Consumer dispute resolution. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

ADDITIONAL TERMS

(29) If individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the contract has been concluded, this shall not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply analogously in the event that the contract proves to be void or incomplete.

(30) FinishingX reserves the right to modify these Terms of Use at any time by providing such revised terms to the Buyer or its representatives in the form of a info-email. The individual users shall not be informed by FinishingX. It is the responsibility of the Buyer to inform the users, if necessary. By continuing to use the Website, the buyer as well as the individual users acknowledge and agree with the revised terms and conditions.

(31) The Buyer agrees that FinishingX may terminate the Buyer's use of this site, if these terms of use are violated.

(32) Users are only allowed to post content that aligns with our core business, occupational health and safety. Users are prohibited from posting content on our website that is not compliant with our core values, core business, and code of conduct. This includes, but is not limited to, content that is offensive, discriminatory, defamatory, fraudulent, or promotes illegal activities.

(33) The website is not optimized for disabled personnel. Misunderstandings may put the user at serious risk. We advise Buyer to conduct a risk assessment to evaluate whether this is relevant to their users and whether they should enroll them in our courses. The responsibility for performing the risk assessment lies solely with the Buyer.

(34) The Buyer shall appoint a person or persons to approve the content of the training material in accordance with paragraph 7 of these terms of use. The designated person assumes overall responsibility for the content of the training material, as well as responsibility for carrying out a risk assessment and adapting the training courses. If no person is designated, the person who made the purchase shall be responsible.

(35) We provide high quality templates, not occupational safety training courses. Therefore, when certificates are issued, the Buyer is considered to be the issuer of the certificate. An exception to this rule applies to our webinars, where we provide a certificate of attendance, provided that the webinar was hosted by us. If a webinar is not hosted by us, we do not provide a certificate.

(36) Payment of any invoice issued by us for services or products constitutes acceptance of these Terms of Use. This acceptance is equivalent to a signature.