Terms & conditions

The General Terms and Conditions for all contracts concluded by our company (for consumers and businesses) apply to all contracts concluded. In addition to these provisions, the specific Terms and Conditions for the respective area apply:

• - Terms and Conditions for Customers (B2B and B2C)
• - Terms and Conditions for Trainers, Developers, Translators, Co-Trainers, Sales representatives/Sellers

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter referred to as GTC) apply to all contracts concluded via the platform between us:

• tfk technologies GmbH (hereinafter referred to as tfk), Baierbrunner Str. 33, 81379 Munich
• Managing Director: Martin Uhl, Berndt Nagy
• Munich District Court HRB 117019
• Phone number: +49 89 189 43 54-0
• Fax number: +49 89 189 435 415
• Email address: info@tfk-technologies.de

and you as our customer or trainer, developer, translator, co-trainer, sales representative/seller. The General Terms and Conditions apply regardless of whether you are a consumer (B2C), entrepreneur (B2B), or business (B2B).

(2) All agreements made between you and us in connection with the contract are based in particular on these General Terms and Conditions and our order confirmation.

(3) The General Terms and Conditions may be amended at any time. The version of the General Terms and Conditions valid at the time of conclusion of the contract is decisive for the respective contract.

(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

§ 2 Hosting service provider for the provision of our services

The communication platform Zoom Video Communications, Inc., USA, is used to conduct live training courses. On-demand videos are hosted in the cloud by Publitio DOO, Serbia. Further information on data protection can be found in our privacy policy.

§ 3 Data Protection/Use of Your Data

§ 4 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we shall only be liable—unless otherwise specified in paragraph 3—for breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 5 Use only by customers

Only the customer may use the booked service and participate in live training sessions. Recording and distribution are not permitted. It is also not permitted to allow other persons to watch live training sessions or to pass on or allow the use of login data for the e-learning platform.

§ 6 Copyrights

We or the creators of the materials hold the copyright to all images, videos, and texts published in our online shop, on our website, and in our courses. Use of these images, videos, and texts is not permitted without our express consent.

§ 7 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law set out in sentence 1.

(2) If you are a business and have your registered office in Germany at the time of your order, the exclusive place of jurisdiction is the seller's registered office in Munich. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 8 Severability Clauses

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. This shall also apply if the Terms and Conditions prove to be incomplete.

§ 1 Conclusion of contract

(1) The presentation and promotion of training courses and eLearning products on our platform do not constitute a legally binding offer to conclude a contract.

(2) Requests for quotes may be submitted by contacting us via email at order-skilleap@tfk-technologies.de or by using the "Contact Us" form with the subject line “RFQ” or “Request for Quote”.

(3) Upon receipt of your request, we will send you a non-binding quote or proposal.

(4) By making payment for the products or services listed in the quote or proposal, you confirm acceptance of the offer and initiate the order process.

(5) We will acknowledge receipt of your order via email. A binding contract is only formed when we explicitly accept your order, either through a formal declaration of acceptance or by commencing delivery of the ordered services.

§ 2 Live training, conditions of implementation, cancellations, postponements, guarantees

(1) Live training courses will only take place if the minimum number of participants specified in the training description has been reached. No more than the number of participants specified in the training description may participate.

(2) Only in the case of a guaranteed date will the training take place, even if the minimum number of participants is not reached (see, however, § 2 paragraph 4). If it is not a guaranteed date, the training can be canceled or postponed at least 14 days before the training date.

(3) If the training is canceled, the training fee already paid will be refunded. If the training is rescheduled, no refund will be made. If the participant is unable to attend on the new date or does not wish to participate for other reasons, they must expressly cancel their participation within 14 days of being notified of the new date and will receive a refund of the participation fee. If the participant does not cancel, paragraph 5 shall apply.

(4) The training date may also be rescheduled or canceled if the trainer is unable to attend, even if it is a guaranteed date. The rescheduling will be communicated immediately, but in the event of the trainer's illness, it may also take place at very short notice. There is no entitlement to the training being held if the trainer is unable to attend. A replacement trainer does not have to be provided.

(5) Participants can cancel live training sessions free of charge or rebook them for another date (subject to availability) 30 days or more before the booked event date. In the event of cancellation, any payments already made will be refunded. For cancellations made later, the full training fee must be paid, and no refunds, not even partial, will be issued. In the event of illness on the part of the participant (provided by a medical certificate), the participant may attend the next event, or if no event is yet planned, the participation fee will be refunded if the cancellation is notified at least 30 days before the booked event date. In the event of a short-term cancellation (less than 30 days) due to illness and no alternative date can be used, no refund, not even partial, will be issued. There is no entitlement to another date.

(6) When booking exams, the conditions for participation are set out in the respective exam description. Paragraph 5 applies accordingly.

§ 3 eLearning

When booking access to an eLearning program, customers receive a personalized, non-transferable license. The license term is 5 years. After 5 years, the right of use expires automatically. If exams are booked, details regarding the number of attempts, when they are offered, and the costs can be found in the respective course description. Participation in exams is only possible within the license term.

§ 4 Subscription

Each subscription is personalized, non-transferable and term-limited. The term is determined by the respective offer and is limited to this duration. The term is never longer than five years. If exams are booked, the details regarding the number of attempts, when they are offered, and the costs are specified in the respective course description. Participation in exams is only possible within the subscription period.

§ 5 Use of our services, personalized account

(1) In order to be able to use our services, the user must create a personalized account. This can be updated by the customer itself at any time.

(2) Account sharing or the transfer of the login data is not permitted.

(3) In the event of a reasonable suspicion that an account is being accessed or utilized by more than one individual, the account may be suspended or restricted until the registered user furnishes satisfactory evidence demonstrating that the account has been, and continues to be, used exclusively by a single person.

(4) Users must be at least 18 years old. Minors are not permitted to create an account.

(5) If the account is not logged in within two years, the account will be deactivated, provided there are no unused but already purchased content (eLearning). The user will be notified by email prior to deletion and can object to deletion within one month. If the user does not respond to the email, the account will be deactivated. Customers can also request deactivation and deletion at any time.

§ 6 Right of withdrawal

(1) If you are a consumer (i.e., a natural person placing an order for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions. Unless you have expressly waived this right and checked the corresponding checkbox during registration/booking, we can only provide our services after the expiration of the statutory withdrawal period.

(2) If you as a consumer exercise your right of withdrawal in accordance with Section 1, you must bear the regular return shipping costs if there is something to return.

(3) In all other respects, the provisions regarding the right of withdrawal are governed by the detailed rules set out in the following withdrawal policy.

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us [name of the entrepreneur, address and, if available, telephone number, fax number, and email address] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website (https://www.skilleap.com/right-of-withdrawal). If you make use of this option, we will immediately send you (e.g. by email) confirmation of receipt of such a revocation.

To meet the revocation deadline, it is sufficient for you to send your notification of exercising your right of revocation before the revocation period expires.

Consequences of revocation

You must return or hand over the goods to us or to (where applicable, the name and address of the person authorized by you to receive the goods) promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning.

- End of cancellation policy -

Sample cancellation form

(If you wish to withdraw from the contract, please fill out this form and return it. Use of this form is not mandatory.)

To: tfk technologies GmbH (referred to as tfk), Baierbrunner Str. 33, 81379 Munich (info@tfk-technologies.de)

• - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• - Ordered on (*)/received on (*)
• - Name of consumer(s)
• - Address of consumer(s)
• - Signature of the consumer(s) (only for paper notifications)
• - Date __________

(*) Delete as applicable.

(4) Even if you have not waived your right of withdrawal (§ 6 (1)), the right of withdrawal does not apply to distance contracts

(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded,

(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.

§ 7 Prices and Shipping Costs

All prices listed on our platform are gross prices including statutory VAT and are exclusive of any applicable shipping or transaction fees.

For deliveries abroad, any additional charges will be indicated before the order process is completed.

§ 8 Payment conditions and offsetting and right of retention

(1) After confirmation of the booking of the service, customers will receive an invoice. The payment of the fees must be received on the specified account within 30 days of the invoice date. After that, default interest of 5 % above the respective base rate p. a. calculated. If the customer is an entrepreneur, default interest of 9 % above the respective base rate p. a. calculated. We reserve the right to assert higher damages caused by the delay. In the event that we claim higher damages due to the delay, the customer has the opportunity to prove to us that the claimed damages due to the delay did not occur at all or were at least significantly lower.

(2) The invoices must be paid by normal bank transfer.

(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims from the same contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same contract.

§ 9 Ownership

You do not receive ownership, but only usage rights according to the booked service.

§ 1 Scope

The general terms and conditions for trainers apply to trainer, developer, translator, co-trainer, sales/seller roles (see § 2 definitions).

§ 2 Definitions

(1) Trainer: A trainer is a person who can carry out live training and also create course materials and eLearnings. All other roles (developer, translator, assistant trainer, sales/seller) also require the trainer role.

(2) Developer: A developer is a person who can create or has created course materials or e-learning content. A developer is the owner of the material they have created. Also requires the trainer role.

(3) Translator: A translator is a person authorized by the material owner or tfk to translate materials. Also requires the Trainer role.

(4) Co-Trainer: A co-trainer is another trainer approved by the owner and tfk. He acts in place of the trainer in individual cases. Also requires the trainer role.

(5) Sales/sales representative/seller: a person or company who sells the material. The Trainer role is also needed.

(6) Material: Material includes all course documents, accompanying documents, pictures, videos, voice, music, infographics, animated graphics/documents/images, etc.

(7) Price table: Final prices for the developed courses/materials. These prices include an average European sales tax rate of 21.6%.

§ 3 How do I become a trainer (also a developer, translator, co-trainer, or salesperson)? Exclusion and account deletion.

(1) If you want to become a trainer (also developer, translator, assistant trainer or sales/seller), you must go to the “Contact Us” page: Skilleap ®. Fill out the „Contact us“ form with Subject as: “Become a Trainer”. There is no employment relationship between the trainer, seller, developer and translator and tfk, but the trainer, seller, developer and translator works independently.

(2) The final registration as a trainer (or developer, translator, co-trainer, or sales representative/seller) shall be effected solely upon the execution of an individual written B2B agreement between tfk and the respective trainer. The cooperation shall become legally binding only upon the duly signed conclusion of such agreement.

(3) Once the registration has been completed and the application has been accepted by tfk, you will be registered as a trainer (or developer, translator, co-trainer, or sales representative/seller) and can then submit proposals for live training courses and e-learning courses. There is no entitlement to be accepted as a trainer or to have training courses or e-learning courses accepted and implemented. tfk is free to decide what is accepted and what is not. There is no entitlement to remuneration for registration or submission. Entitlement to remuneration only arises once a live training course has been accepted and conducted or an e-learning course has been accepted, posted, and purchased by customers by tfk. See § 9 for remuneration.

(4) If a justified complaint is made about a trainer, tfk will inform the trainer of this by email. Following a justified complaint, tfk may, at its discretion, taking into account the interests of the trainer and after hearing the trainer, exclude the trainer and delete the account.

(5) If the trainer does not actively use the account for two years and does not offer any materials or training courses, the account will be deleted. Deletion can also be requested by the trainer at any time, provided that no live training courses are currently scheduled. Materials already posted (e-learning courses, etc.) will no longer be marketed or offered to customers from this point on. However, if the material has already been purchased by the customer or is part of active subscriptions, the material may continue to be used until the current subscriptions expire. Any credit remaining in the account will be paid out within one month of deletion at the latest.

§ 4 Specifications for created and used material

(1) The material must be created in the corporate design of TFK. Appropriate templates are provided by TFK on request.

(2) New or changed material must be sent to TFK for approval before publication. The material may only be used after approval.

(3) Material must meet the quality and standards of the industry.

(4) Materials containing errors or false information must be corrected immediately. Until corrections are made, the documents may be blocked by tfk.

(5) The material may only contain educational information. Among other things, it may not contain:

• - advertising for yourself or third parties, your own or third-party companies or offers.
• - content that infringes patents, copyrights, trademarks, trade secrets, or other intellectual property rights of others. If you use images in this context, please ensure that you have the necessary license to use the images. The creator is responsible for securing the necessary rights.
• - personal data of others and used without their verifiable consent.
• - political, religious, or ideological beliefs.
• - material that advocates illegal activities.
• - products or services may be sold.
• - false or misleading information.
• - language or expressions that are vulgar, harmful, obscene, abusive, threatening, insulting, harassing, or defamatory.

(6) The material must be free of viruses, spyware, adware, malware, or similar.

(7) The material must comply with applicable laws.

(8) If one of the above conditions is not met, tfk is entitled to delete the material without notice. The deletion will be communicated to the creator so that she or he can refute the assumption or revise the documents. In the second violation, tfk has the right to block the creator's account. tfk reserves the right to assert further claims for damages if necessary.

§ 5 Guidelines for marketing and deletion of material

(1) The material created may only be marketed via the tfk platform. The material may not be marketed by yourself or via third parties as long as it is offered on tfk. Material offered on tfk is offered exclusively via this platform and may not be marketed on other platforms or elsewhere.

(2) Released and discontinued material may be withdrawn from marketing and deleted by tfk at any time without justification. In such a case, the creator will be informed.

(3) The creator may withdraw material at any time without giving reasons if there are no bookings for a planned live training. If the material is included in a subscription, the material remains intact and usable until the last current and already booked subscription expires and will only be deleted afterwards.

(4) Content released and posted may be used by tfk as desired for advertising and further marketing.

§ 6 Dates for live training sessions

(1) Dates can be suggested by tfk or by the trainer.

(2) If tfk suggests the date, it must be confirmed or rejected by the trainer. If the trainer suggests a date, it must be confirmed or rejected by tfk.

(3) There is no obligation to conduct live training sessions or a specific number of live training sessions.

§ 7 Personal data of participants

(1) The trainer generally does not receive any personal data from participants. During live training sessions, the email address or login name used may be visible, as provided by the participant.

(2) To the extent the trainer comes into contact with personal data, this may only be used to complete the training and may not be stored or used for other purposes.

(3) The trainer may not have any contact with participants outside of the platform, nor may they contact them. Should a participant contact the trainer directly, the trainer is obligated to refer the participant to a tfk contact address.

(4) Should the trainer request or process personal data without authorization, the trainer is liable for any fines and damages.

§ 8 Pricing

(1) For the prices for live training and elearnings there is a TFK price table. According to this price table, the creator/trainer can classify the price. The classification is checked by TFK and can be adjusted by TFK if necessary.

(2) TFK can adapt and change prices, outside the correction if the classification is incorrectly classified, at any time by up to 10%. Larger price adjustments must be coordinated with the trainer/creator.

(3) tfk may carry out promotions at any time that could result in lower prices (up to 25% lower). Promotions that lead to lower prices may only be conducted in mutual agreement with the trainer/creator.

(4) tfk may offer coupons. These are tied to a specific course, limited in number, time-bound, and have a fixed discount (up to 100%). These coupons may also be passed on to trainers/creators to promote the course themselves on the platform. If these coupons, issued by the trainer, are redeemed, the trainer is considered the seller for that booking. Discounts of up to 25% may be issued by tfk in unlimited quantities and without consultation with the trainer/creator. Coupons with discounts of more than 25% must be mutually agreed upon with the trainer/creator in advance (both in terms of the amount and the number).

(5) Transaction Taxes: If tfk is required under applicable law at the national, federal, or local level to collect sales tax, VAT, or other comparable traffic or transaction taxes in relation to the platform, tfk will collect and remit such transaction taxes to the relevant tax authorities for the respective sales. If tfk determines that such taxes are due, tfk reserves the right, at its sole discretion, to increase the sale price by the amount of the tax. For purchases made via mobile apps, any applicable transaction taxes will be collected by the respective mobile platform (e.g., Apple App Store or Google Play).

§ 9 Remuneration and invoicing procedure

(1) The posting or offering of live training courses or e-learning content does not, in itself, constitute a claim for remuneration. A claim for remuneration only arises once the live training course has actually been conducted properly, or properly created e-learning courses have actually been booked. If no booking is made, there is no claim to remuneration and the creation costs must be borne solely by the creator. If there is a violation of the creation specifications (§ 4 paragraph 5) in the material or the live training, or if fraudulent activities relating to the platform are detected, there is no claim to remuneration.

(2) Remuneration shall be paid in euros. If costs are incurred for payments abroad, these fees shall be borne by the recipient.

(3) Remuneration details and payment terms and conditions shall be agreed in individual contracts.

(4) The trainer, seller, developer, and translator are responsible for the proper taxation of their income.

(5) Trainers, sellers, developers, and translators act as independent contractors.

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This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Template.

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The following organizations may link to our Website without prior written approval:

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These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Skilleap; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Skilleap. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Skilleap's logo or other artwork will be allowed for linking absent a trademark license agreement.

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Please read Privacy Policy

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If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

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The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

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