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Terms of use

ValiD from: 20.09.2021

 

Content 

1.     General

2.     Beta status

3.     Customer / user relationship

4.     Creation and management of user accounts / user profiles / customer accounts / customer profiles 

5.     General obligations of the user and special provisions for use

6.     Internal relationship between user and customer

7.     Distinction between certificate data and sensitive company data.

8.     Other

 

1. General

crossgo is a service whose purpose is to contribute to improving and facilitating the personal and professional development of the user and the client companies. In particular, crossgo wants to open up new opportunities for the user in a professional context to promote the exchange of information, to improve the organizational development of the customer and to support lifelong learning. In order to fulfill these purposes, crossgo provides the user with specific information, offers, recommendations, and services on the basis of collected data, among other things, and promotes user interaction.  The self-consulting platform is the core application of the crossgo service. The user profile created by the user within the scope of the self-consulting platform represents the identity with which the user appears and is represented within the crossgo service, on the crossgo websites, and in the applications of the service. In principle, a user profile is required to use the crossgo service. Therefore, registration for the crossgo service is always required.

For the definition of individual terms, please refer to the notes on the definition of terms www.crossgo.com/en/definitions.

 

2. Beta status

By accepting these Terms of Use, both customers and users acknowledge the beta status of all crossgo services / websites / services. The beta status of the crossgo services / websites / services is in operation as long as the user domain of the application is "beta.crossgo.com" or is indicated in any other way.  If the beta status of individual (or all) services / websites is cancelled, both customers and users will be informed thereof. Both customers and users acknowledge this information action as sufficient.

 

3. Customer / user relationship

(1) Users are only permitted to use the crossgo services / websites / services within a crossgo service booked by a customer if a valid employment relationship exists between the user and the customer.

(2) The user is prohibited from continuing to use the crossgo services after termination of his employment relationship with the customer.

(3) crossgo is entitled to delete or block the user account/user profile at its own discretion if the employment relationship between the user and the customer has ended.

 

4. Creation and management of user accounts / user profiles / customer accounts / customer profiles

(1) The user accepts that the creation of user accounts and user profiles will be carried out by crossgo and grants crossgo permission to administer them until further notice.

(2) The registration for the beta status on crossgo websites is deemed to be the express consent of the users pursuant to section 1. If the user account was created on the instructions of the customer, the user expressly consents to the customer's installation by accepting the present Terms of Use.

(3) The customer accepts that the creation of customer accounts and customer profiles will be carried out by crossgo and authorizes crossgo to manage them until further notice.

(4) As long as the order process cannot be carried out by the customer via the self-consulting platform, the order for the crossgo service is executed by sending the corresponding order forms via e-mail to the responsible crossgo employee. The order forms will be sent to the customer via e-mail by a crossgo employee.

(5) If the order process is only handled via the self-consulting platform, customers will be informed of this by crossgo by e-mail or in writing.

(6) In the absence of a written order in accordance with Clause 5, conclusive action on the part of the customer or persons acting on its behalf shall be deemed to be implied consent in accordance with Clause 3.

 

5. General obligations of the user and special provisions for use

(1) The user is obliged

(a) to provide only true and non-misleading information and to use his or her full name and not pseudonyms or pen names;

(b) to use as profile picture in the user profile only such a photo on which the user is clearly and distinctly recognizable. The user shall ensure that the reproduction of the profile picture submitted by him/her is permitted on the crossgo websites and within the crossgo services in accordance with applicable law. The use of photos or images of other or non-existent persons or other beings (animals, fantasy creatures, etc.) or logos as profile pictures is not permitted.

(c) to observe applicable law and all rights of third parties when using crossgo services and the contents on the crossgo websites. In particular, the user is prohibited from the following:

  • Use of offensive or defamatory content, regardless of whether such content concerns other users, crossgo employees, or other persons or companies;
  • Use of pornographic, violence glorifying, abusive, immoral or youth protection law violating contents or advertising, offer and/or distribution of pornographic, violence glorifying, abusive, immoral or youth protection law violating goods or services;
  • unreasonable harassment of other users, in particular through spam (cf. § 7 Law against Unfair Competition - UWG);
  • Use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or advertise, offer and/or distribute goods or services protected by law, also without being entitled to do so; or
  • Engaging in or promoting anti-competitive activities, including progressive solicitation (such as chain, snowball or pyramid schemes);

(d) to refrain from the following harassing acts, even if they do not specifically violate any laws:

Sending chain letters; conducting, advertising and promoting structural sales activities (such as multi-level marketing or multi-level network marketing); and making lewd or sexually suggestive communications (explicitly or implicitly).

(2) The following actions are prohibited to the user:

(a) Use of mechanisms, software or scripts in connection with the use of the crossgo websites/services. The direct or indirect advertising or distribution of such mechanisms, software or scripts is also prohibited. However, the user may use, advertise or distribute interfaces or software authorized by crossgo;

(b) block, overwrite, modify, copy, unless this is necessary for the proper use of crossgo websites / services;

(c) Distribution and public reproduction of contents of the crossgo websites/services or of other users, unless such distribution and public reproduction is provided for within the scope of the respective crossgo application or the other user has consented to such distribution and public reproduction;

(d) any action likely to impair the functionality of the crossgo infrastructure, in particular to place an excessive burden on it.

(3) crossgo is not obligated to make data and/or information provided by the user available to other users if this data and/or information is not in compliance with sections 4.1 to 4.5. crossgo is entitled to remove data and/or information from the crossgo websites that are inadmissible according to sections 4.1 and 4.2 without prior notice to the user.

 

6. Internal relationship between user and customer

(1) The user warrants to crossgo that, in connection with the use of the services/websites/services offered by crossgo, he/she will not violate any requirements/duties of loyalty concerning his/her employer. crossgo is not obligated to verify such requirements/duties of loyalty.

(2) crossgo is not responsible for informing the users (employees) in the internal relationship with the customer (employer) regarding specific standards or measures taken within the customer company regarding personal data protection.

(3) crossgo assumes that all users who are employed by the Customer and will be considered for the creation of user accounts have been informed of this by the Customer in due time and have agreed to the creation of the user account in advance.

(4) The user expressly permits the customer that his anonymized data may be processed by crossgo, in part automatically, for the purpose of monitoring the performance of teams in the customer company that use crossgo services / websites / services and may be made available to authorized representatives in the customer company in anonymized form.

 

7. Differentiation between certificate data and sensitive company data

(1) The Customer warrants that he will make the certificate data assigned to the user account / user profile freely available to the users even after termination of an employment relationship. Certificate data of a user are in particular: his collected crossgo scores by answering learning control questions, his collected scores by providing evidence (implementation measures in the customer company), collected certificates / awards and achievements, with completed methodological modules, etc. The certificate data are thus in the possession of the user and may be used as desired.

(2) The user assures that he treats all data collected and/or published within the customer profile by him and others as confidential company data and subjects the handling to his fiduciary duty of the applicable employment relationship.

(3) crossgo assures the customer that users who have been removed from the customer profile no longer have access to the company-specific data used in this context.

(4) crossgo cannot prevent misuse of login data in user accounts. The customer is responsible for safeguarding against such misuse within the customer company.

 

8. Other

(1) German law shall apply exclusively.

(2) The place of performance and exclusive place of jurisdiction is, to the extent legally permissible, the registered office of crossgo GmbH.

(3) crossgo is entitled to change or amend the Terms of Use. The user/customer will be informed in due time about planned changes to the Terms of Use. The user/customer will be requested to agree to the amended terms of use before they enter into force.