Amify Learning Platform – Terms and Conditions

Effective Date: November 2023

Owner: Additive Center, BIC1, 5657BX, Eindhoven, owner of the brand Amify (“Amify” or “we” or “us”)

1. Introduction

Welcome to Amify, a dedicated digital platform for providing advanced training and upskilling solutions to engineers within the manufacturing industry. By accessing and using Amify, your company (“you” or “the Company”) agrees to comply with and be bound by these Terms and Conditions (“Terms”). These Terms form a legally binding agreement between your company and us. If you do not agree with any part of these Terms, please discontinue using our services immediately.

2. Services Provided

Amify offers a range of services, including but not limited to online courses, training modules, resource materials, and related support designed to enhance the knowledge and skills of engineers. We continuously strive to update and improve our offerings to meet the evolving needs of the industry. While we aim to provide accurate and up-to-date content, we reserve the right to modify, replace, or discontinue any service at any time without prior notice.

3. Accounts and User Responsibilities

To access the services provided by Amify, your company must create a user account. It is your responsibility to:

Provide accurate, current, and complete information during account creation and keep this information updated.
Protect and maintain the confidentiality of account login details, such as usernames and passwords.
Notify us immediately of any unauthorized use of your account or other security breaches.

Your company is fully responsible for all activities that occur under its accounts. We are not liable for any loss or damage arising from unauthorized account usage.

4. Subscription Fees and Payment Terms

Access to the Amify platform and services may be subject to subscription fees, which will be specified in a separate agreement between your company and us. All fees are exclusive of applicable taxes unless otherwise specified. By using our services, you agree to:

Pay all fees and charges associated with your chosen subscription.
Comply with our payment terms as outlined in your subscription agreement, including any applicable late fees for overdue payments.

We reserve the right to suspend or terminate your account in the event of non-payment or breach of payment terms.

5. Usage Rights and License Grant

Upon payment of the applicable subscription fee, we grant your company a limited, non-exclusive, non-transferable, and revocable license to access and use the content on the Amify platform solely for internal training and development purposes. This license does not grant your company the right to:

Distribute, sublicense, or share access credentials.
Modify, adapt, or create derivative works from the provided content.
Use the content outside the scope permitted by these Terms without our explicit written consent.

6. Confidentiality and Data Protection

Both parties agree to treat all confidential information disclosed during the course of using the Amify platform with strict confidentiality. “Confidential Information” includes, but is not limited to, business strategies, course content, proprietary methodologies, and trade secrets. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law.

Your data and privacy are important to us. Our data processing practices are outlined in our Privacy Policy, which is incorporated into these Terms. By using Amify, you consent to the collection and use of data in accordance with our Privacy Policy.

7. Platform and Content Usage Restrictions

Your company agrees to use Amify’s platform and content only for lawful purposes and in compliance with all applicable laws and regulations. Specifically, you agree not to:

Share, sell, or redistribute training materials or access credentials to unauthorized third parties.
Reverse engineer, decompile, or attempt to extract the source code of our software.
Post, upload, or transmit any content that is unlawful, harmful, or violates the rights of others.

We reserve the right to suspend or terminate accounts found to be engaging in prohibited activities.

8. Intellectual Property Rights

All content, materials, and software provided on the Amify platform are the exclusive property of Amify and its licensors and are protected by intellectual property laws. By using the platform, your company acknowledges and agrees that:

You do not acquire ownership rights in any content or materials provided.
Any use of the content beyond the granted license requires our explicit permission.
Amify retains all rights to modify, adapt, and remove content at its discretion.

Any unauthorized use of our content may result in legal action.

9. Termination and Suspension of Services

We reserve the right to terminate or suspend your company’s access to the Amify platform if:

You breach any part of these Terms.
There is non-payment of subscription fees.
You engage in activities that could harm our services or reputation.

Your company may also choose to terminate the agreement with prior notice as outlined in your subscription terms. Upon termination, all rights and licenses granted to you under these Terms shall cease, and you must cease all use of the platform and its content.

10. Disclaimer of Warranties

Amify provides the platform and content “as-is” without any express or implied warranties. We do not guarantee that:

The content will meet your company’s expectations or training goals.
The services will be uninterrupted, error-free, or secure.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

In no event shall Amify or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform. Our maximum liability to you for any claims shall not exceed the total amount paid by your company for access to the platform in the preceding month.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms shall be resolved in the courts located in Eindhoven, the Netherlands.

13. Amendments to Terms

We may update these Terms from time to time to reflect changes in our practices, services, or legal obligations. You will be notified of any significant changes. Continued use of the platform after changes are posted constitutes acceptance of the updated Terms.

14. Contact Information

For questions, support, or to resolve any issues, please contact us at Additive Center, BIC 1, 5657BX Eindhoven. Phone: +31 40 40 14 047 or at info@ad