General Terms of Use

This document was originally written in German. Translations into other languages are provided solely for the sake of clarity. In the event of discrepancies or inconsistencies between the German version and a translation, the German version shall prevail.

1. Introduction

Welcome to Udao, the platform operated by anywAI AG. These general terms of use form the basis for your interaction with our services and govern the relationship between you as a user of the platform and us, anywAI AG.

1.1 Purpose and Scope of Application

The Terms of Use include the terms of access and use of our platform, mobile applications, and other related services. You agree to the Terms by using the services on Udao. If you have any questions about these terms, please contact us before using our services.

1.2 Acceptance of The Terms of Use

By using the services of Udao, you as a user confirm that you have read, understood, and accepted these terms of use.

If you register as an Instructor or as an Organization on Udao, you also agree to the specific Terms of Use for Instructors or the Terms of Use for Organizations in addition to these Terms of Use. In the event of contradictions, the applicable special terms of use shall take precedence over these general terms of use.

2. Definitions

The following terms are used in these Terms of Use:

• Platform or Udao: Refers to the entirety of the services offered by anywAI AG, including the website, mobile applications, online services, content, and functions.
• User: Any natural or legal person who accesses or uses the Platform, including but not limited to learners, instructors, organizations, and visitors.
• Content: Includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided by anywAI AG, its users, or other licensors on the Platform.
• Services: Refers to all functions, products, services, and content offered by anywAI AG via Udao and accessible via the Platform.
• Account: A profile created by a User on Udao that is required to access and use the Services.

3. Description of The Services

3.1 Contents

Udao is a comprehensive platform that provides users with access to a wide range of educational resources and career development opportunities. Our services depend on the type of user and may be subject to a fee. Our services include:

• Learning Content: A variety of online courses, workshops, and tutorials in different subject areas.
• Career Tools: Functions for job searches, creating CVs, and contacting potential employers.
• Recruiting Services: A comprehensive job board for companies and recruiters seeking talent for open positions, including tools to pre-screen and connect with qualified candidates.
• Individual Learning Paths: Personalized learning recommendations and tailor-made learning paths based on the user's career goals and interests.

3.2 Responsibilities of anywAI AG

As the operator of the platform, anywAI AG ensures that the platform is accessible, secure, and functional in line with industry standards. We are responsible for:

• Maintenance and Updates: Regular updates to ensure smooth operation and the introduction of new functions.
• Support and Assistance: Provision of reliable customer support for user queries and technical problems.
• Privacy: Protecting users' personal information in accordance with our Privacy Policy.

3.3 Customization of The Services

AnywAI AG reserves the right to change, expand, restrict, or completely discontinue the scope and content of the services on the platform at any time, in particular, to respond to the needs of our users and technological or economic developments. We undertake to communicate all adjustments clearly and in good time via our social media channels and newsletters.

3.4 Legal Relationship Between anywAI AG and The Users

AnywAI AG offers the services to its users exclusively directly, in its own name, and for its own account, and not as an intermediary or agent for the users who provide content on the platform. In particular, no direct legal relationship arises between the users of the platform based on the use of the platform. Payments or remunerations made by users for the use of the services are consideration for the services provided by anywAI AG, and anywAI AG is entitled to these remunerations in its own name. The same applies accordingly to the remuneration that anywAI AG owes to users for content provided in accordance with the agreement.

4. Payments and Refunds

When you make a payment, you warrant that you are using a valid payment method. For most courses, if you are not satisfied with the course, Udao will provide a refund or credit of the purchase price you paid within 30 days from the date of purchase.

4.1 Price Structure

Udao offers both free and paid courses and services. Prices for paid courses, subscriptions, and other services are clearly indicated on our platform. Pricing may vary depending on the type of course, the duration of access, special offers, or the involvement of third-party providers. We reserve the right to change prices for our services at any time; however, such changes will not affect purchases already made.

4.2 Payments

A valid payment method is required for the purchase of paid courses or services. Udao cooperates with payment service providers to offer you the most convenient payment methods in your country and to protect your payment data.

By providing your payment information, you authorize anywAI AG to charge the corresponding amount for the selected services. All payments are due in the specified currency and include any applicable taxes and fees. You are responsible for ensuring that your payment information is current and accurate. We reserve the right to disable access to content for which we have not received adequate payment. If you have any problems with payment processing, please contact our customer support at support@udao.org.

4.3 Refunds and Refund Credits

If the content you have purchased does not meet your expectations, you can request a refund to your Udao account within 30 days of your purchase. This refund option does not apply to the purchase of subscriptions.

Depending on the capabilities of our payment service providers, the platform through which you purchased your content (website, mobile app, or other platforms), and other factors, we reserve the right to either refund the purchase price to you in the form of a credit in the form of UDAO Tokens or a refund to your original payment method. After the 30-day period has expired, you are no longer entitled to a credit note or refund. However, if the content you previously purchased is deactivated for certain legal or policy reasons, you will still be entitled to a credit or refund after the 30-day period has expired. In addition, we reserve the right to issue a refund to participants in the event of suspected or confirmed misuse of the account even after the 30-day period has expired.

Our instructors agree that participants have the right to receive such refunds in accordance with the special terms of use for instructors.

If we determine that you are abusing our refund policy - for example, if you have already consumed a substantial portion of the content you wish to be refunded or if the content has already been refunded to you - we reserve the right to refuse to refund you, restrict you from future refunds, suspend your account, and/or restrict your future use of the Services. If we suspend your account or disable your access to Content due to a violation of these Terms of Service or our Trust & Safety Policy, you will not be entitled to a refund.

5. Access and use of the platform

By complying with these Terms of Use, you contribute to the security and functionality of Udao and support a trustworthy environment.

5.1 Lawful Use

If you as a user, in particular as an instructor, publish content on Udao, you grant anywAI AG a license in accordance with these Terms of Use to offer participants a license for this content. Accordingly, we have the right to grant a sublicense for the content to registered users. If you register as a user for a free or paid course or other content, you will receive a license from anywAI AG to view the course exclusively via the Udao platform, whereby anywAI AG is the licensor. You receive a license to use the content for the duration of the agreement, but the content and the rights to it are not otherwise transferred to you. In particular, this license does not entitle you to make the content accessible to other persons or to resell it (not even by passing on your account details to other persons or by illegally downloading and publishing the content on websites). You are therefore granted a limited, non-exclusive, non-transferable license to access and display the Content, for which you must pay all necessary fees to anywAI AG, for personal, non-commercial purposes in accordance with these Terms of Use and any terms, conditions or restrictions associated with specific Content or features of our Services. Any other use is expressly prohibited.

In addition, you agree to use the Udao platform only for lawful purposes. You are responsible for the content you share and must ensure that it complies with Udao's Trust & Safety guidelines and does not infringe the rights of third parties.

5.2 Integrity of The Platform

Misuse of the platform in any form, such as manipulation, exploitation of security vulnerabilities or unauthorized access to systems, is prohibited. You must respect the integrity and performance of the services and must not attempt to interfere with them.

5.3 Ownership and Rights of Use

The rights to the Udao Platform and all associated services, in particular the intellectual property rights and proprietary rights, belong to anywAI AG and its licensors. Any use of the platform and its content by users is only permitted within the scope of the rights of use granted in accordance with these Terms of Use and within the scope of the account you have selected.

5.4 Access restrictions

Access to non-public areas of the Platform or Udao's technical systems without our prior permission is prohibited. Any actions that could circumvent or compromise the security functions of the platform are strictly prohibited.

5.5 Interfaces and Code

You may only access the Platform via the interfaces provided by Udao and must refrain from any attempt to copy or decrypt the code of the Platform.

6. Account Management and Security

6.1 Obligations of The User with Regard to Account Security

As a user of Udao, you are responsible for the security and confidentiality of your account and login details. It is essential to choose a strong, unique password and keep it secret. You should change your password regularly and ensure that your account information is up to date. Sharing your login details with third parties is prohibited. Use available security features such as two-factor authentication where offered.

6.2 Procedure in The Event of Unauthorized Access

If you suspect unauthorized access to your account or security breaches, please inform Udao Support immediately. We will take appropriate measures to protect your account and investigate the situation. Users may be required to cooperate in the investigation and resolution of security issues. Any security incidents will be handled in accordance with applicable laws and regulations.

7. Content Guidelines

7.1 Responsibility for Uploaded or Shared Content

As a user of Udao, you are responsible for all content that you upload or share. It is important that you ensure that your content is not defamatory, obscene, offensive, inflammatory or otherwise unlawful. You may also only share content that you have created or for which you have the necessary rights to publish on Udao.

7.2 Copyright and License Terms

All uploaded or shared content must comply with applicable copyright laws. If you use content that is protected by copyright, you must ensure that you have the appropriate license or permission from the rights holder to share it on Udao. Udao reserves the right to remove such content and take further legal action against you if you fail to comply with these provisions.

8. User-Generated Content (NGI) and Rights

8.1 Rights and granting of rights of use

As a user, you or your licensors retain all copyrights and other intellectual property rights to the content you create and/or share on the Udao Platform.

By uploading content to Udao, you simultaneously grant anywAI AG a worldwide, non-exclusive, sublicensable license to use, reproduce, adapt, publish, translate, create derivative works from, distribute and publicly display such content, in particular for other users of the platform. AnywAI AG shall only pay remuneration for this if this has been agreed between you and us (e.g. as part of the terms of use for instructors).

You have the right to remove all or part of your submitted content from our platform. Unless otherwise agreed, anywAI AG's right to sublicense the rights of use set forth in the preceding paragraph to new users shall expire 60 days after the removal of the Submitted Content. However, any rights to the content granted to participants by anywAI AG prior to the removal of the submitted content shall continue to exist in accordance with the terms of the respective licenses (including the granting of perpetual use by users).

8.2 Liability

You represent and warrant that you own or otherwise control all necessary rights to the content you upload and that the publication and use of your content on Udao will not infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

10. Community Guidelines and Rules of Conduct

10.1 Expectations of Behavior Within The User Community

As a user of Udao, we expect you to treat anywAI AG and other users with respect and decency. This includes polite and constructive communication, promoting a positive learning environment and respecting the rights and dignity of all individuals. Discrimination, harassment or any other offensive behavior has no place on our platform.

10.2 Direct communication

Users may communicate directly via the Udao platform. These interactions must adhere to the following guidelines to ensure a respectful and professional exchange:

1. Respectful Communication: All messages should be polite and respectful. Insults, harassment or other inappropriate behavior will not be tolerated.
2. Subject-Related Discussions: Communication should focus primarily on course-related topics. Personal information or content not related to the course should be avoided.
3. Data Protection: Personal data of participants may not be collected, stored or passed on without their express consent.

10.3 Measures in The Event of Violations of These Rules

Udao takes compliance with these rules of conduct seriously. Violations may result in a warning, temporary or permanent blocking of access to certain services or complete deactivation of the account. In serious cases, anywAI AG reserves the right to take legal action to protect the integrity and security of our platform.

11. Copyrights and Use of Content on Udao

11.1 Conditions for The Download or Use of Content

Udao enables the download of course materials that are explicitly provided by anywAI AG via the platform. Users may only use these materials for personal, non-commercial purposes. Any further distribution, publication or commercial use is prohibited.

11.2 Protection of copyrights

Udao respects the copyrights of third parties and obliges its users to do the same. Users who share copyrighted content without authorization may be removed from the platform and further legal action may be taken. Users are obliged to respect copyrights when creating and uploading content to Udao and to obtain any necessary licenses or permissions from rights holders.

11.3 Granting of Licenses by Users

By uploading content to Udao, users grant Udao a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, create derivative works from, distribute and publicly display such content. Udao is granted the right to use such content in connection with providing and improving the Services. This license shall survive termination of the account.

AnywAI AG is not liable for content created or shared by users. Udao is operated as a platform and the content provided by users is not proactively checked by us for legal issues or edited accordingly. We are not in a position to and are not liable for ensuring that the content provided by users is lawful. We have no editorial control over the content available on the platform and therefore do not guarantee the reliability, validity, accuracy or truthfulness of the content provided by users. If you access content, you rely on the legality and accuracy of the information provided at your own risk.

12. Limitation of Liability and Exclusion of Liability

12.1 Limits of The Service Provider's Responsibility

anywAI AG, including its employees, directors and agents, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits, loss of data or damages arising out of the use or inability to use the Udao Platform, even if anywAI AG has been advised of the possibility of such damages.

12.2 Exclusion of liability for certain damages or loss of use

Use of the Udao Services is at your own risk. The Services are provided on an “as is” and “as available” basis. anywAI AG makes no representations or warranties regarding the functionality, reliability, availability or security of the Udao Platform to the extent permitted by law.

12.3 Exclusion of Warranty

Udao and all related services are provided on an “as is” basis. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12.4 Liability for Content

AnywAI AG is not liable for content created or shared by users. Udao is operated as a platform and the content provided by users is not proactively checked by us for legal issues or edited accordingly. We are not in a position to and are not liable for ensuring that the content provided by users is lawful. We have no editorial control over the content available on the platform and therefore do not guarantee the reliability, validity, accuracy or truthfulness of the content provided by users. If you access content, you rely on the legality and accuracy of the information provided at your own risk.

12.5 Connection to Third-Party Providers

Udao may contain links to third-party services for whose content Udao assumes no responsibility. You access and use such third-party services at your own risk.

13. Changes to The Terms of Use

13.1 Right to Change

anywAI AG reserves the right to amend or supplement the Terms of Use and their components at any time and at its own discretion. The reasons for changes may include, in particular, adaptation to functional developments of the platform, legal requirements or user feedback.

13.2 Notification of Changes

Users will be informed at least 30 days in advance by email and through clearly visible announcements on the platform before any significant changes come into effect. We recommend that users check the terms of use regularly.

13.3 Acceptance of the changes

Your continued use of the Services after the changes become effective constitutes your acceptance of those changes. If you do not agree to the amended Terms, it is your right and obligation to stop using the Udao Services.

13.4 Provisional Amendments

In urgent cases, e.g. for security reasons or due to legal requirements, changes may be made without prior notice. In such cases, we will inform users as soon as possible.

13.5 Version Control

Each version of the terms of use is provided with a date and a version number to make changes traceable for users.

14. Termination and account closure

anywAI AG may terminate or cancel your account if you violate the terms of use and their components or otherwise impair the function or reputation of the platform. Users can also close their account independently at any time.

15. Data Protection

15.1 Collection of Data

Udao collects personal information necessary to create and manage your account, register for courses, conduct transactions and communicate with you. This includes your name, email address, password and, in the case of organizations, the organization name. Additional data may be collected to improve your experience on the platform and to provide you with personalized services.

15.2 Use of The Data

Your data will be used to:

• Manage your account and grant you access to our services.
• Provide and manage courses and learning materials.
• Process transactions and enable you to use our services.
• To communicate with you and provide you with support.
• To improve and personalize our services.

15.3 Data Protection

We take appropriate technical and organizational measures to protect your personal data, including encryption and the use of secure servers. Access to personal data is strictly controlled and limited to persons who need this information to perform their professional duties.

15.4 Rights of users

In accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws, you have the right to access, rectify, erase and restrict the processing of your personal data. You also have the right to object to the processing of your data and the right to data portability.

15.5 Forwarding of Data

We do not pass on your data to third parties unless this is necessary for the provision of services, for the processing of transactions or due to legal regulations.

15.6 Changes to Data Protection Practices

If our privacy practices change, we will notify you through notices on our Platform or by email. Your continued use of the Platform after such changes constitutes your consent to those changes.

15.7 Contact for Data Protection Inquiries

For questions or requests regarding your data, please contact our data protection officer at privacy@udao.org.

16. Applicable Law and Place of Jurisdiction

16.1 Applicable law

These Terms of Use and all disputes or claims arising out of or in connection with them shall be governed by Swiss substantive law. The UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules shall not apply.

16.2 Place of Jurisdiction

For all disputes arising out of or in connection with the Terms of Use or the use of the Udao Platform, the courts of Zug, Switzerland, shall have exclusive jurisdiction to the extent permitted by law.

16.3 Amicable Agreement

Before legal action is taken, anywAI AG and the user shall endeavor to reach an amicable settlement. This includes exchanging points of view and information as well as attempting to find a solution through mediation or other forms of alternative dispute resolution.

17.6 ADR (Alternative Dispute Resolution)

For the resolution of disputes arising under these Terms of Use, an ADR procedure will be sought first. anywAI AG provides information on ADR procedures and encourages the use of these procedures before escalation to judicial resolution.

16.4 Procedure for Cross-Border Disputes

If the user is domiciled outside Switzerland, anywAI AG complies with mandatory applicable international private law and possible consumer protection regulations that cannot be waived.

17. General Provisions

17.1 Severability Clause

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be eliminated or modified to reflect, as nearly as possible, the intent of the original provision. The validity and enforceability of the remaining provisions shall not be affected by such determination.

17.2 Transmission

The rights and obligations of users under these Terms of Use may not be transferred or assigned without the prior written consent of anywAI AG. anywAI AG may transfer or assign its rights and obligations under these Terms of Use to third parties.

17.3 Completeness of The Agreement

These Terms of Use constitute the entire agreement between you and anywAI AG with respect to the use of the Udao Platform and supersede all prior oral or written agreements.

17.4 No waiver

The failure of anywAI AG to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

17.5 Notifications

All notifications to users may be made by e-mail or by publication on the platform. Such notifications are deemed to have been delivered when they are sent to the last e-mail address you provided or published on the platform.

18 Contact Information

If you have any questions, suggestions or concerns regarding the Terms of Use, privacy practices or any other aspect of our services, please contact our customer support team. We strive to respond to all inquiries quickly and effectively.

18.1 Contact Channel

Please contact us via the following e-mail address for support and general inquiries:

E-Mail: support@udao.org

In the future, we plan to introduce a support ticket system directly on our platform in order to process your inquiries even more efficiently. Until then, please send all inquiries to the above e-mail address.

18.2 Feedback

We greatly appreciate feedback from our users. If you have any suggestions for improving our services or encounter any problems, please do not hesitate to contact us. Your feedback is essential for the continuous improvement and adaptation of our services to the needs of our users.

18.3 Technical support If you have technical problems or questions about using the Udao platform, you can also use the e-mail address given above. Our technical support team will endeavor to help you as quickly as possible.

We aim to respond to all inquiries within 48 hours. Please provide relevant information with all inquiries so that we can help you efficiently and effectively.

19 Final Provisions

19.1 Entry into Force

These Terms of Use shall enter into force upon publication on the Udao Platform. The current version is dated [date of last update], as indicated on the platform.

19.2 Measures in The Event of non-Compliance

Udao reserves the right to take appropriate measures in the event of violations of these Terms of Use, which may range from warnings to temporary or permanent blocking of the user account to the initiation of legal action.

19.3 Entire Agreement

These Terms of Use constitute the entire agreement between the User and Udao regarding the use of the Platform and supersede all prior oral or written agreements.

19.4 Contact

If you have any questions or concerns regarding these Terms of Use, please contact Udao at contact@udao.org as indicated in the contact information.