<turbo-stream action="update" targets=".modal[data-modal-name=&#39;atp-terms-of-service&#39;] .modal-title"><template>ATP Terms of Service</template></turbo-stream><turbo-stream action="update" targets=".modal[data-modal-name=&#39;atp-terms-of-service&#39;] .modal-body"><template><h2>THE WEB PROFESSIONAL INSTITUTE</h2><h3>Terms of Use of the WPI Learning Platform</h3><p>Version 1.0.0 from 20.01.2025</p><p>The operator of the learning platform is the Web Professional Institute Inc (WPI), 444 Brickell Avenue Suite 700, Miami, FL 33131, USA</p><p>WPI and the training center authorized by WPI (Authorized Training Partner) future Training und Consulting GmbH, Fiete-Schulze-Str. 13, 06116 Halle (Saale), Germany are jointly responsible for the processing of personal data (Art. 26 GDPR). The responsibilities are structured as follows</p><ul class="default-ul">
<li><p>WPI: Provision and technical operation of the platform, data security</p></li>
<li><p>Training Center: Administration of user accounts, support of participants.</p></li>
</ul><p>Further details on joint responsibility can be found in the data protection information for users of the WPI online learning system.</p><p>The following user agreement is concluded for the use of the WPI online learning system:</p><h4>1 Scope of Application</h4><p>a) These Terms of Use govern the use of the Web Professional Institute's online learning platform (hereinafter referred to as the "Platform") by all users, in particular course participants, trainers, tutors, project managers and administrators (hereinafter also referred to collectively as "Users").</p><p>b) By registering on the Platform, Users agree to these Terms of Use.</p><h4>2 Services of the Platform</h4><p>a) The Platform offers Users the opportunity to participate in online courses, communicate with other Users and take examinations.</p><p>b) The Provider is entitled to further develop the services of the Platform (adaptations to technical progress, improvements to user-friendliness, corrections of errors, updating of content) or to change them, insofar as this is reasonable for the Users, taking into account the interests of the Provider. Significant changes, in particular those that affect existing course bookings or the ability to use the platform, will be announced to users by email at least 30 days before they come into effect. In the event of significant changes, users shall be granted a special right of termination. This can be exercised within 14 days of receipt of the notification of change. The announced changes shall be deemed approved if the users do not object within 14 days of receipt of the notification of change. The Provider shall expressly draw the Users' attention to this legal consequence in the notification of change.</p><h4>3 Registration and Use</h4><p>a) Registration is required to use the Platform. The platform cannot be used without registration.</p><p>b) Only persons who have reached the age of 16 are permitted to use the platform. When registering, the user assures that he/she is at least 16 years old.</p><p>c) When registering, the user is obliged to provide his/her full name truthfully and completely, to keep the data up to date and to ensure correct spelling, as this will appear on references and certificates.</p><p>d) Use of the platform requires a two-stage registration process. After the initial registration by the user, the responsible training center (WPI Authorized Training Partner) checks and activates the user. Access to the platform is only granted after positive confirmation by the training center.</p><p>e) Users are obliged to treat their access data (user name and password) as strictly confidential and to protect it against unauthorized access. The disclosure of access data to third parties is prohibited. Users must choose a secure password in accordance with current technical standards and change it regularly. In the event of suspected misuse, unauthorized use or third parties gaining knowledge of the access data, users are obliged to change their password immediately and inform the responsible training center. Users are responsible for all activities carried out using their access data, unless they can prove that they are not responsible for this use.</p><h4>4 Rights and Obligations of Users</h4><p>a) Users are responsible for ensuring that the technical requirements for using the platform on their side are met. This includes a suitable end device and a stable Internet connection. If necessary, the user's training center will provide advice on the technical requirements to be met for the planned course.</p><p>b) Users are responsible for making the following settings on their computer in order to make optimum use of the platform:</p><ul class="default-ul">
<li><p>Time and time zone: The correct time and time zone must be set.</p></li>
<li><p>Cookies: The acceptance of cookies for our website must be permitted. Cookies are small text files that enable us to manage the user's session. If cookies are deactivated, some functions of our platform may be restricted or not usable at all.</p></li>
</ul><p>c) For optimal use of the platform, we recommend using the standard browser security settings and up-to-date protection mechanisms against malware.</p><p>d) The platform may only be used for learning purposes and within the scope of the intended functions. Any misuse or use for purposes other than those intended is prohibited.</p><p>Misuse includes in particular</p><ul class="default-ul">
<li><p>using the platform for your own commercial purposes,</p></li>
<li><p>Behavior that is detrimental to other users, in particular harassment, threats, insults or other violations of personal rights,</p></li>
<li><p>actions that could jeopardize the technical functionality or security of the platform, for example by introducing malware,</p></li>
<li><p>disseminating solutions to project tasks or examination questions,</p></li>
<li><p>the use of automated systems or scripts to access the platform or to retrieve data, unless this has been expressly approved in writing by the provider.</p></li>
</ul><p>e) Users undertake to treat all data of other users made accessible via the platform as strictly confidential and not to use it for their own purposes (e.g. advertising). The processing of personal data of other users is only permitted within the scope of the functions provided by the platform, on the basis of legal permission or with the express consent of the data subjects. Any other use or disclosure is prohibited.</p><p>f) Learners are obliged to</p><ul class="default-ul">
<li><p>to actively contribute to their own learning success by conscientiously working through learning content and contacting the relevant tutors if they have any questions or problems.</p></li>
<li><p>complete project tasks on time and submit them for assessment.</p></li>
</ul><p>Learners may post content as long as it is relevant to the learning process and does not violate any legal regulations or these terms of use.</p><p>g) Tutors / trainers ...</p><ul class="default-ul">
<li><p>must be certified by WPI before they can be used as a tutor or trainer,</p></li>
<li><p>agree to be included in a publicly accessible list of certified tutors/trainers,</p></li>
<li><p>are responsible for the supervision of the learners assigned to them and are obliged to support the learners in case of questions and problems and to give them feedback on their performance.</p></li>
</ul><h4>5 Content on the Platform</h4><p>Users are responsible for the content they post on the platform.</p><p>The publication of content on the platform is prohibited if it:</p><ul class="default-ul">
<li><p>Violate applicable law or incite violations of the law. This includes, in particular, violations of criminal law, youth protection regulations or data protection regulations.</p></li>
<li><p>Content that is discriminatory, offensive or hurtful, in particular content that degrades people on the basis of their ethnic origin, religion, ideology, sexual identity, gender, age or disability.</p></li>
<li><p>glorify violence or incite crime. This also includes the trivialization or approval of violence.</p></li>
<li><p>contain malware or harmful program codes that could jeopardize the functionality of the platform or the IT security of users</p></li>
<li><p>Infringe the rights of third parties (e.g. copyrights, trademark rights, personal rights)</p></li>
</ul><h4>6. Copyright and Rights of Use</h4><p>a) All content provided on the Platform, including but not limited to texts, images, graphics, logos, word and figurative marks, videos and software, are protected by copyright.</p><p>b) Upon registration, the user receives a simple, non-transferable right to use the platform content. This right is limited to the duration of the membership and only permits private, non-commercial use in the context of learning activities. Use is subject to the following conditions:</p><ul class="default-ul">
<li><p>The content may only be used for personal learning purposes.</p></li>
<li><p>It may not be passed on to third parties in any form.</p></li>
<li><p>The content may not be changed, edited or redesigned.</p></li>
<li><p>Any form of commercial use is prohibited</p></li>
<li><p>Downloads are only permitted to the extent permitted by the platform functions.</p></li>
</ul><p>c) Users grant WPI and other platform users the right to use contributions they create on the platform for the following purposes:</p><ul class="default-ul">
<li><p>Use within the scope of the platform functions,</p></li>
<li><p>Use for group work and learning activities,</p></li>
<li><p>Internal evaluation to improve the teaching materials,</p></li>
<li><p>Storage and technical processing.</p></li>
</ul><p>Any other use, in particular public distribution or commercial exploitation, requires the express consent of the rights holder.</p><h4>7 Rights of the Provider in the Event of Infringements</h4><p>a) In the event that Users violate the obligations described in the Terms of Use, both WPI and the Authorized Training Partner are entitled to exclude the respective User from using the Platform with immediate effect.</p><p>b) The Provider also reserves the right to assert claims for damages against the Users.</p><h4>8 Proof of performance, examinations and certificates</h4><p>a) Participation in courses and examinations is subject to the provisions of the study and examination regulations. (Link: <a class="external_url" target="_blank" rel="noopener noreferrer nofollow" href="https://wpicert.org/de/uber-wpi/pruefungsordnung">https://wpicert.org/de/uber-wpi/pruefungsordnung)</a></p><p>b) By registering on the platform, the user declares his/her agreement with the provisions of the study and examination regulations (Link: <a class="external_url" target="_blank" rel="noopener noreferrer nofollow" href="https://wpicert.org/de/uber-wpi/pruefungsordnung">https://wpicert.org/de/uber-wpi/pruefungsordnung</a>.</p><p>c) Should the provisions of the examination regulations change, the user will be informed of this within the platform or by e-mail.</p><h4>9. Storage of Course Data and Data Protection</h4><p>a) The user-related content (in particular course content, examination results, certificates and associated verification codes) is stored even after the end of the course and remains accessible to the user(s). This continued storage is done in order to:</p><ul class="default-ul">
<li><p>ensure continuous access to course materials and results</p></li>
<li><p>enable the verification of certificates by authorized third parties (e.g. employers)</p></li>
<li><p>ensure complete documentation of the training history.</p></li>
</ul><p>The storage takes place until</p><ul class="default-ul">
<li><p>the user terminates the platform membership by deleting the user account</p></li>
<li><p>the user expressly objects to further data storage</p></li>
<li><p>the maximum storage period pursuant to Section 9b has been reached.</p></li>
</ul><p>Statutory retention obligations remain unaffected by these provisions. Data that must be stored for longer due to legal requirements will be automatically deleted after the respective retention period has expired, provided that it is no longer required for the fulfillment or initiation of the contract.</p><p>b) After a period of inactivity of 10 years, calculated from the last login, all personal data of the user will be automatically deleted, provided that there are no legal retention obligations to the contrary. The user will be notified by e-mail 30 days before the planned deletion and can prevent the deletion by logging in again. The 10-year period begins again upon logging in.</p><p>c) The provider is committed to a high level of data protection and applies the European General Data Protection Regulation (GDPR) as a minimum standard for all users worldwide. Detailed information on the processing of personal data, including the specific legal bases, recipients and storage periods, is set out in the data protection information for the WPI online learning system.</p><h4>10 Availability and System Interruptions</h4><p>a) The Provider guarantees an average availability of the platform of at least 99.9% on an annual average. The following are excluded from the availability calculation</p><ul class="default-ul">
<li><p>Announced maintenance work: Regular maintenance work that is announced at least 48 hours in advance and carried out outside the main usage times (22:00 to 06:00 CET). This work is necessary for system security and functionality and is kept as short as possible. They are limited to a maximum of 8 hours per month.</p></li>
<li>
<p>External technical faults: Faults that lie outside the provider's system boundaries, in particular:</p>
<ul class="default-ul">
<li><p>Failures or malfunctions of the user's Internet connection</p></li>
<li><p>Malfunctions of the hardware or software used by the user</p></li>
<li><p>Disruptions at telecommunications providers or Internet providers</p></li>
<li><p>DDoS attacks or comparable security incidents by third parties</p></li>
</ul>
</li>
<li><p>Force majeure: interruptions due to force majeure, i.e. events that cannot be prevented even by taking reasonable precautions, such as natural disasters, acts of war, pandemics, official orders, strikes.</p></li>
</ul><p>b) During the aforementioned interruptions, users shall have no claims for damages or reduction of the usage fee. This shall not apply in the event of intentional or grossly negligent causation by the Provider.</p><h4>11 Liability</h4><p>a) The Provider shall be liable without limitation for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty by the Provider, its legal representatives or vicarious agents. The same applies to other damages that are based on an intentional or grossly negligent breach of duty.</p><p>b) In the event of a breach of essential contractual obligations (cardinal obligations), the provider shall also be liable for slight negligence, but only for foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. This includes in particular the basic functionality of the platform and the protection of the data transmitted by the user. The Provider shall have no further liability. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected by the above provisions.</p><p>c) Exclusions of liability also apply to legal representatives and employees of the Provider and the Authorized Training Partner. Statutory product liability remains unaffected.</p><p>d) User-generated content: The Provider does not carry out any prior editorial review of user-generated content. The provider is only liable for this content within the scope of the mandatory statutory provisions. Otherwise, liability is excluded. Upon becoming aware of specific legal infringements, the provider will check the relevant content and, if the infringement is confirmed, remove it immediately or block access to it. For this purpose, the provider provides a reporting system via which infringements can be reported. The provider reserves the right to carry out random checks and to take suitable preventive measures if it suspects legal violations, for example by temporarily restricting the possibilities of use.</p><p>e) The provider creates the learning content and course materials with the greatest possible care and updates them regularly in accordance with the current state of science and technology. The provider is responsible for ensuring that the essential learning content is factually correct and suitable for the agreed learning purpose. For supplementary information, such as further links, discussion contributions or additional resources that go beyond the actual core content of the courses, the provider assumes no liability for accuracy, completeness and timeliness. Users are requested to check these supplementary materials critically before using them. Obvious errors in the learning content will be corrected by the provider as soon as they become known. Users are requested to notify the provider of any errors or suggestions for improvement that they discover.</p><h4>12 Contract Term and Termination</h4><p>a) The user relationship for the platform is agreed for an indefinite period and can be terminated by either party at any time without giving reasons.</p><p>b) Users may declare termination by deleting their account or by notifying the Provider in text form. Termination has no effect on certificates already purchased or courses already completed. The regulations on data storage in accordance with the section 'Storage of course data and data protection' remain unaffected.</p><p>c) The Provider reserves the right to terminate the user relationship in particular if users breach the obligations set out in these Terms of Use. This applies in particular to</p><ul class="default-ul">
<li><p>Misuse of the platform</p></li>
<li><p>Disclosure of access data to third parties</p></li>
<li><p>Infringement of copyrights</p></li>
<li><p>Impairment of other users</p></li>
<li><p>Violation of academic integrity</p></li>
</ul><p>d) When deciding on termination, the provider shall take appropriate account of the circumstances of the individual case and the legitimate interests of the users. In the event of serious violations, the provider is entitled to terminate the contract without notice. In other cases, the Provider shall generally first issue a warning.</p><h4>13. Final Provisions</h4><p>a) The user will be notified of changes to these terms of use within the platform or by e-mail.</p><p>b) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.</p></template></turbo-stream>