It’s great that you are interested in how exactly the use of chunkx and chunkx creator is regulated. Before it gets formal, here are what we consider to be the most important points for you:
Our software and therefore our services are constantly evolving. Please forgive us if the latest developments are not yet fully represented in these GTC. Please let us know if you are missing this! In addition to your personal contact person, you can always contact email@example.com and we will get back to you shortly.
(1) These General Terms and Conditions (“GTC”) apply to the use of the software solutions chunkx and chunkx creator (“chunkx Apps”) and to all contracts concluded between contractual partners (“Customer”) and us, the companies behind chunkx (“chunkx”). Depending on our offer, either JF//digital GmbH, Flinger Broich, 40235 Düsseldorf, HRB 83246 Amtsgericht Düsseldorf, Germany, or Chunkx B.V., High Tech Campus Unit 6a, 5656 AE Eindhoven, Netherlands, is your contractual partner. If you do not have an offer or use the chunkx apps as a private individual, JF//digital GmbH is your contractual partner.
Deviating general terms and conditions of the customer shall not apply to contracts unless chunkx expressly agrees to their application in writing.
By using chunkx and the digital learning content provided therein or by registering a personal account, you agree that the provisions of this agreement are binding on you. If you do not wish to accept the terms of this agreement, you may not use the chunkx apps.
(2) The following definitions apply to these GTC:
“Digital learning content” means all learning content, learning units, microlearning units and learning opportunities that are posted and available on the chunkx apps and those that will be posted there in the future.
“Force majeure“ means events that could not be averted by chunkx or the customer with due care, such as natural disasters of any kind, fire, traffic accidents, war, sabotage, strikes and / or power failures.
“chunkx Apps” means the microlearning application operated by chunkx for continuous and adaptive learning, including all functions, digital learning content, other content and front-ends. The front-ends are constantly being expanded and currently include the chunkx app in iOS, Android, MS Teams, and the browser application at https://desktop.chunkx.de, the websites for subscribing to channels under the domain https://account.chunkx.de, and the chunkx creator at https://creator.chunkx.de.
“Managed Channels (custom)” means channels created and managed by chunkx for the customer. Unless otherwise agreed, chunkx creates three microlearning units for a managed channel (custom) at the beginning and then at least one further microlearning unit per month. The microlearning units are created on the basis of customer content accepted by chunkx. The customer is responsible for owning the corresponding rights to the content and grants chunkx the right to process the content provided and to develop learning units for the Managed Channels (custom) from it. chunkx has the right to reject content provided by the customer for Managed Channels (custom), e.g. in the event of suspected copyright infringement or if the content is classified as insufficiently processable.
“Managed Channels (3rd party)” means channels created and managed by chunkx for the customer. Unless otherwise agreed, chunkx creates three microlearning units for a managed channel (3rd party) at the beginning and then one additional microlearning unit per month. The microlearning units are created inspired by content from third-party providers that the customer cites as a reference. chunkx ensures that no copyright infringements occur. chunkx has the right to reject content provided by the customer for Managed Channels (3rd party), e.g. if implementation does not appear possible without infringing copyrights. For selected third-party providers, chunkx endeavors to establish partnerships that enable direct use of the third-party provider’s content.
“Named User License” means the number of Named Users of the customer agreed under the contract who are entitled to use the services of chunkx, regardless of whether the Named Users have already registered for the use of the services and/or make use of them
“Named User” is a user of chunkx services who has registered by name as a user for the chunkx apps.
“Public content” means content in the chunkx apps that is not located in the customer’s account branded according to the customer’s design, but in an instance provided publicly by chunkx. This includes the so-called Academies, with which customers can publicly share their digital learning content with users
“Party / Parties” means chunkx and / or the customer.
“Confidential Information” means all information and documents, regardless of the manner of their embodiment or reproduction, including contractual documents, which are made available to one party by the other party and which are not publicly available or the content of which indicates that they should obviously be treated as confidential. Confidential information is in particular technical, business and other information, for example information relating to technologies, research and development, products, services, prices of products, customers, etc.rrrr
(1) chunkx operates the software-as-a-service solution chunkx Apps and makes it available to its customers.
(2) The subject matter of the contract is the internet-based access to the chunkx apps in their current version, with the implemented functionalities as well as the use of the managed channels (custom and 3rd party) provided by chunkx.
(3) The services include the provision of the necessary storage space for the contractual use of the functions of the chunkx apps as well as the storage of the data generated by the customer and/or its users on a chunkx server during the term of the contract. The specific scope of services and functions as well as the agreed remuneration model and the number of Named Users are set out in the respective offer from chunkx to the customer. Users activated beyond the scope of the offer will be invoiced quarterly in addition to the agreed remuneration and based on the costs per user defined in the offer.
(4) The services are operated on the basis of a named user model.
(5) Unless otherwise agreed in the offer, the contract of use (with reference to these GTC) is concluded when the offer is signed by both parties (the “contract”).
(1) During the contract term, the customer receives access to all functions of the chunkx apps, including user administration. This also includes the provision of the managed channels agreed with the customer in the chunkx apps.
(2) chunkx is entitled to amend the contract, revise the services and expand the scope of functions without significantly restricting the agreed services. chunkx shall notify the customer of changes to this contract four (4) weeks before they come into effect in writing or by e-mail to the contact address provided. In doing so, chunkx shall inform the customer of the changes and the deadline for objection and draw the customer’s attention to the consequences of the objection. The objection can be sent by e-mail to the address provided. If the customer does not object to the change in writing or by e-mail within a period of four (4) weeks from receipt of the notification of change, the change shall become part of the contract. If the customer objects, the parties shall mutually agree on a solution. In the event of non-agreement, chunkx is entitled to terminate the contract.
(1) chunkx shall make the chunkx apps available to the customer for use 24 hours a day, 365 days a year. chunkx guarantees an average availability of the chunkx apps of 99% per calendar year (“SLA”).
(2) chunkx is entitled to interrupt the chunkx apps for five (5) hours per month for maintenance work if work is to be carried out on its server and/or other service content that cannot be carried out without interrupting the services. Where possible, chunkx will schedule maintenance windows outside normal working hours. The times of the maintenance windows are not considered times of unavailability within the meaning of Section 4(1) of these GTC.
(3) chunkx is not responsible for internet or network-related downtimes and in particular for downtimes during which the chunkx apps cannot be accessed via the internet due to technical or other problems that are beyond the control of chunkx, such as force majeure, fault of third parties, etc..
(1) The chunkx apps are protected by copyright and remain the property of chunkx. The customer is not permitted to copy the chunkx apps or parts of the chunkx apps, to grant sublicenses to them, to rent out the chunkx apps, to lend them, to lease them or to pass them on via a network or in any other electronic manner. The customer is prohibited from decompiling, disassembling, reverse engineering or modifying the source code in any way.
(2) The use of the services is technically dependent on the registration of a Named User via e-mail address or MS Teams App for the customer account in chunkx or for one of the customer’s channels. With the registration of a Named User, the respective license is deemed to have been granted. The customer can only reassign the respective license after deactivating/removing the Named User.
(3) Modern devices and browsers are required to use the chunkx apps. The current technical access requirements (e.g. with regard to browser or operating system) are described at https://about.chunkx.io/support.
(4) The customer is entitled to create its own learning content for the chunkx apps via the chunkx creator. The use of this content is exclusively available to the customer’s Named Users. For the duration of the contract, the customer grants chunkx a non-exclusive right to store the customer’s own learning content in the chunkx apps for use by the customer and its Named Users, to create data backups, to share them with subcontractors as necessary and to keep them available for retrieval. After the contract expires, chunkx will delete the customer’s own learning content from the chunkx apps. Content (both text as well as image and audio media) in chunkx may not be illegal, pornographic or glorify violence and may not link to other sites with illegal, pornographic or glorify violence content or embed such sites.
(5) The customer confirms that it is the rights holder of the Digital Learning Media created by it or that it has the right to distribute the content in chunkx. chunkx is entitled to draw attention to Public Content in the chunkx apps, channels, academies and author names in advertising via digital and analog formats, e.g. via social media and in brochures. Both text and graphics, including customer logos used, from content published via the chunkx creator can be used. chunkx reserves the right to hide public content from the app at any time. Accounts may also be blocked and content taken offline if these GTC are breached.
(6) All rights to the Digital Learning Content of Managed Channels (3rd party) shall remain with chunkx. The customer is not authorized to copy the contents of the Managed Channels (3rd party) of chunkx to its own computers or otherwise outside the server system of chunkx.
(7) The customer may not pass on Managed Channels (3rd party) from chunkx to third parties (i.e. neither sell, rent nor lend) and may not make them accessible to third parties.
(8) The customer has no right to reproduce, copy, print, incorporate into its own print and / or online publications and distribute in any way that is not offered by chunkx itself Digital Learning Content from third-party providers in the chunkx apps in the form of topic-related channels, academies and contributions from various authors outside of personal use.
(1) The customer shall create the necessary conditions for use on the customer side, in particular the system requirements, infrastructure and for the telecommunications connection between the customer and chunkx itself.
(2) The customer is obliged to check his own digital learning content, data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
(3) The customer must take the necessary precautions to prevent the use of the services by unauthorized persons. To this end, the customer shall, where necessary, instruct its employees to comply with copyright law. The customer shall inform chunkx immediately if there is a suspicion that passwords may have become known to unauthorized persons.
(4) The customer is also responsible for monitoring its personnel and in particular the Named Users. He is obliged to oblige them to comply with the provisions of the contract that apply to them. chunkx supports this by ensuring that the terms and conditions can be viewed and must be accepted by the Named User with each new registration.
(5) The customer shall ensure that the Named Users choose secure passwords for access in order to guarantee appropriate access protection to the accounts. chunkx supports this with password guidelines.
(6) The customer may not circumvent or deactivate security measures set up by chunkx and may not change chunkx content.
(7) The customer may not use the services of chunkx for unlawful purposes.
(8) If the customer becomes aware of disruptions, it must inform chunkx immediately of any disruptions to the services and support chunkx to a reasonable extent in determining the disruption and its causes as well as its elimination.
(1) Unless otherwise agreed in the offer, the contract shall enter into force on the first day of the month following signature by both parties and shall have a contract term of two (2) years (“contract term“).
(2) After expiry of the contract term, the contract shall be automatically extended by one (1) further year in each case if it is not terminated by one of the parties with four (4) weeks’ notice to the end of the respective contract year.
(3) The right to terminate the contract for good cause remains unaffected. In particular, chunkx is entitled to terminate the contract without notice if the customer fails to make due payments despite a reminder and a grace period or violates the contractual provisions on the use of the chunkx apps and services. In any case, termination without notice requires that the other party be warned in writing and requested to remedy the alleged reason for termination without notice within a reasonable period of time.
(4) Upon termination of the contract, the customer is no longer entitled to use the services, including the chunkx apps, or parts thereof.
(1) Unless otherwise agreed, chunkx shall be entitled to name the customer as a reference customer in press releases or other digital and analog marketing materials and on the chunkx website.
(2) The information may also include the customer’s company logo. For this purpose, the customer shall grant chunkx a simple, non-transferable right of use, unlimited in time and space, with regard to the name and trademark rights required for this purpose.
(1) For the provision of the services, the customer shall pay a service fee in the amount agreed in the contract per Named User license per contract year. chunkx is entitled to increase the service fee for the services by up to ten (10) percent if this is notified to the customer in writing at least thirty (30) days before the end of the respective contract year of the contract term.
(2) The service fee is independent of usage and is also payable if fewer than the agreed maximum number of Named Users register in accordance with the purchased Named User licenses and/or if Named Users do not use the service.
(3) The service fee is payable in advance for each contract year.
(4) The respective service fee shall be paid within 30 days of receipt of the respective invoice from chunkx by the customer to the business account of chunkx specified in the invoice. All amounts are subject to value added tax at the applicable rate.
(1) chunkx guarantees the functionality and operational readiness of the chunkx apps and services in accordance with the provisions of the contract.
(2) chunkx assumes no liability for the correctness, accuracy, timeliness, reliability and completeness of the Digital Learning Content in the chunkx apps.
(3) chunkx is entitled to immediately block the customer’s posted content or, in special cases, access to the chunkx apps if there is reasonable suspicion that the content stored by the customer is illegal and/or violates the rights of third parties. A reasonable suspicion of illegality and / or infringement exists in particular if courts, authorities and / or other third parties inform chunkx of this. chunkx must inform the customer of the block and the reason for the block immediately. The ban must be lifted as soon as the suspicion is invalidated.
(4) The liability of chunkx for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tort, shall be limited in accordance with this Section 10, insofar as fault is involved in each case.
(5) chunkx shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Essential to the contract are the obligation to provide the services on time, their freedom from defects that impair their functionality or usability more than insignificantly, as well as any obligations to provide advice, protection and care that are intended to enable the customer to use the services in accordance with the contract or to protect the life and limb of the customer’s personnel or to protect the customer’s property from significant damage.
(6) Insofar as chunkx is liable for damages on the merits in accordance with Section 10(4), this liability shall be limited to damages which chunkx foresaw as a possible consequence of a breach of contract at the time the contract was concluded or which chunkx should have foreseen if it had exercised due care. Indirect damage and consequential damage resulting from defects in the services are also only eligible for compensation if such damage is typically to be expected when the services are used as intended.
(7) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of chunkx.
(8) chunkx shall not be liable in the event of force majeure. This applies in particular to non-compliance with the availability commitment in Section 10(1) of these GTC.
(9) chunkx shall not be liable for the loss of data insofar as the damage is based on the fact that the customer has failed to carry out data backups before transmitting the data and / or later – insofar as this was technically possible – and thereby ensure that lost data can be restored with reasonable effort.
(1) The parties shall treat as confidential all Confidential Information that one party discloses to the other party under the contract or receives from the other party and shall use it solely for the purpose of providing the service.
(2) The parties shall protect Confidential Information from unauthorized access and treat it with the same care that they apply to their own, equally Confidential Information, but at least the care of a prudent businessman.
(3) These confidentiality obligations do not apply to information that
the disclosure is ordered by a court or official order.
(1) The parties shall comply with the applicable data protection provisions. If the customer requests special reports or data exports by chunkx, the customer shall ensure that it is authorized to process the personal data.
(2) In providing its services, chunkx shall act as a processor for the customer in accordance with the separately agreed Data Processing Agreement.
(1) These GTC and the agreements made under them are subject to the law of the Federal Republic of Germany or the Netherlands, depending on the contractual partner named in the offer. The exclusive place of jurisdiction is the registered office of chunkx.
(2) There are no verbal agreements regarding the GTC. Amendments or additions to the GTC must be made in writing to be effective. The same applies to the waiver of this written form requirement.
Status November 2023