PLANISWARE TRAINING SERVICES TERMS AND CONDITIONS

 

These terms and conditions (“Terms”) are a contract between Planisware and you (“Participant”), as an individual, when you purchase or use training and/or certification services on Planisware Academy (academy.planisware.com) and/or on the Planisware Engage training platform (the “Programs”). Your registration to any Program constitutes acknowledgement and agreement to these Terms. You should read this document carefully before becoming a participant in any of these programs.  

These Terms may be updated by Planisware from time to time. In the event of any update, you will be notified via email or via a notification on the Planisware Academy or Planisware Engage platform. 

Participants are individuals and not the companies they work for. You understand that by becoming a Participant, you are entering into a contract with Planisware on your own behalf and not on behalf of your organization, and you represent to us that you are lawfully able to enter into contracts and are not subject to any contractual terms that would prohibit your participation to the Programs. 

Should you require clarification on any aspect of these Terms, please contact Planisware at academy@planisware.com or get in touch with your Planisware representative.

1. Programs, Enrollment, and Program Fees

The Planisware Academy and Planisware Engage Programs and their content may be updated by Planisware from time to time, including with respect to content and modules, training formats and certification requirements. 

Planisware Academy

You must register with Planisware Academy to become a Participant in any Academy Program. While enrolled in a Program, you will be granted a personal, non-exclusive, non-transferable, revocable license to access training material and participate in online training courses. You will have access to training content and for certain Programs, the ability to interact with an instructor. You will have access to and right to use a non-production instance of the Planisware software provided for the sole purpose of training. Program participation may be subject to applicable fees as set forth in the Planisware Academy platform, including Certification exam fees (“Program Fees”). Unless alternative arrangements have been made with your employer, all Program Fees are payable immediately via credit card or due and payable upon receipt of Planisware’s invoice. Your access to the Programs is subject to the payment of all outstanding Program Fees. You may not register and pay for Programs on behalf of any third party or resell or redistribute the Program or any content or services available via the Planisware Academy platform. All Program Fees are invoiced or paid via credit card in U.S dollars ($) or in Euros (€). You are responsible for any exchange rate fluctuations. You will pay any and all taxes pertaining to the Program or the use of the Program materials, including but not limited to property and/or use taxes, and you will reimburse Planisware if we are required to pay any such taxes. Fees are final and non-refundable. 

Planisware Engage

Your access to the Planisware Engage training platform is subject to license terms and conditions between Planisware and your organization. All fees, if any, are payable by your organization.

2. Login Access and Uploaded Data

Planisware Academy participants may be required to create a Planisware Customer Portal account with log-in credentials to access Program content and training platforms and environment. For the Engage Platform your organization may directly manage your account and login credentials (e.g., using SSO).

Logins shall be used for the sole purpose of accessing the Programs and may not be used by anyone other than you. You are responsible for any activity that occurs using your login credentials. You shall promptly notify Planisware if you think your login has been compromised. 

You will be responsible for maintaining administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of any data you integrate into the Planisware software you use as part of the Program. We are not responsible if it is lost or compromised. We are not responsible for loss of your uploaded data, customizations or documentation you submit on the platforms. Any customizations made by You will be permanently lost when your access to the Program is terminated. 

Planisware may suspend or terminate your access to any Program at any time without notice if necessary to avoid a security vulnerability or protect its or its licensor’s intellectual property, provided that Planisware will notify you or your organization of the reason without undue delay thereafter. If we are able to resolve the reason of your suspension, your access to the Program will be restored. 

3. Your Personal Information

Planisware Academy

You will be required to provide personal information ("Personal Information") in order to allow us to administer the Planisware Academy Programs, the Certification exam and the Certification (as defined below), which you hereby agree to provide, as a condition of participating in the Program and gaining access to any Certification Exam. Your Personal Information will be used only to offer the Program to you and to process your Certification Exam, and for the purposes of facilitating and administering your Certification and providing Certification credential verifications to others. You acknowledge and agree that Your Personal Information may be shared internally within Planisware, with your employer, or with the entity paying for your participation in the Program, including information about the Certification Exams for which you have registered, your Certification Exam results and your Certification(s) status. 

From time to time, third parties may contact Planisware in order to verify your Certification status.  You hereby authorize Planisware to disclose information regarding your Certification status to such third parties, including via an online Certification credential verification service. Planisware will otherwise process and store your Personal Information in accordance with its Privacy Policy posted at https://planisware.com/privacy-policy. You can review your Personal Information and make change requests at any time by sending a request to dpo@planisware.com.

Any badges earned or certificates of completion delivered will be personal to you and not sharable with or transferable to any other individual within or outside of your organization.

Planisware Engage

Any data collection and processing by Planisware via the Engage Platform is detailed in and governed by a written agreement between Planisware and your organization. As a data processor or service provider, Planisware will access, store, and use your personal data solely for the purpose of providing its services to your organization and will process your data as instructed by your organization.

4. Planisware Academy Certification

Planisware Academy Certification programs (“Certification Programs”) allow you to evaluate your knowledge and skills with respect to the Planisware’s products and services and obtain a certification (“Certification”). In order to receive a Certification, you must:

  1. have completed a Certification Program and meet and maintain all the requirements as described in the Certification Program, including course completion requirements.
  2. pass (i.e., earn the minimum passing grade or score) the Certification Program exams; and
  3. maintain an active enrollment in the relevant Program including payment of the renewal Program Fees
  4. comply with any additional requirements specified on the Planisware Academy platform for the applicable Certification.

4.1. Certification Exams

The Certification exam process is detailed in the Planisware Academy platform. The value of the Certification Program rests on the integrity of those who participate in it. Therefore, you will comply with all rules and regulations applicable to the administration of the Certification exam as set forth by Planisware or by a Certification exam provider. You must adhere to any Certification testing policy, procedure, or directions. You will not engage in any misconduct in connection with the Certification exam, including without limitation: 

  1. receiving or providing unauthorized assistance or submitting work that is not your own. 
  2. possessing or using unauthorized materials during a Certification exam. 
  3. falsifying your identity or using false or forged identification documents, impersonating another individual or allowing another individual to impersonate you, or misusing any identification number, username, or other Certification testing credentials that have been provided to you.
  4. disclosing, disseminating or otherwise misusing the content of a Certification exam.
  5. Planisware and its testing partners may impose restrictions or regulations governing the use of the materials that you may bring into the examination area and/or refer to during the Certification exam. 

You agree to return any such examination material to Planisware or the Certification exam provider, as may be directed upon completion of the Certification exam. If You do not achieve a passing score for a Certification exam, you may retake such exam only in accordance with the retake policy as described in the Planisware Academy platform. 

4.2. Rights and Duties with respect to the Certification

Once you have received a Certification, you may represent yourself as having such Certification, as applicable, and use the applicable Certification logo as part of the description of your professional skills and credentials on your professional or personal social media pages, your professional website or webpages, blogs, email signatures, resumes, and business cards, and any other written material used for professional purposes.

A Certification may only be used to indicate you meet the criteria for such Certification. The Certification is not a state sanctioned educational degree. It is not in any way a warranty or guarantee of your abilities with regards to the Planisware service in general or any other Planisware offering.

A Certification is personal to you and may not be assigned or transferred to anyone, including your employer who may not use your Certification to promote their products or services. Your rights to use the Planisware name or logos in connection with the Planisware Certification, including Certification badges for social media may not be assigned to any third party. Any attempted assignment will be null and void and shall constitute a breach of these Terms. 

When using a Certification, you must act in a manner that is consistent with industry standards, comply with all applicable laws, and you must not tarnish the Planisware brand, products and services in any way, and not misrepresent the capabilities of Planisware’s products and services.

A Certification does not grant you any proprietary rights to the Planisware products or services, nor the right to represent yourself as a Planisware employee, or agent. The Certification logo constitutes a trademark of Planisware, and you may not modify it in any way or do anything inconsistent with Planisware’s ownership of such logo (such as attempt to register similar design marks or use a tradename confusingly similar to Planisware or use any Planisware logo on your professional or  for personal social media pages or posts, or in other web properties in a manner that portrays you as a Planisware representative or agent).

4.3. Prohibited Behavior

You may not:

  1. forge any Certification certificates, Certification exam score reports, identification cards or any other Certification exam records. 
  2. engage in fraudulent conduct or misrepresent yourself as certified when you have not successfully met the applicable Certification requirements. 
  3. misuse or disclose to another person your testing id number, member site username and/or password or any other Certification identities; or 
  4. engage in any other misconduct that could be considered by Planisware, in its sole discretion, as compromising the integrity, security or confidentiality of the Certification Program. 

We may revoke your right to use a Certification by giving you written notice if, in our reasonable opinion, you have violated the conditions of use of a Certification or a provision of these Terms.

4.4. Termination and Cancellation of Certification 

To remain certified and have the right to use your Certification, you will need to comply with recertification requirements, including the payment of renewal fees as further set forth in the Planisware website, and to remain in compliance with these Terms. Each Certification is valid for a period set forth in the Planisware Academy platform and may be renewed subject to the conditions as further set forth in the Planisware Academy platform. Planisware reserves the right to cancel or terminate your Certification if you fail to comply with re-certification requirements or if you otherwise violate these Terms or take any action that tarnishes Planisware’s reputation, such as but not limited to cheating or assisting another person in cheating at a Certification exam, providing false information to Planisware, or disclosing or publishing the content of any Certification exam. Upon the termination or cancellation of your Certification:

  1. Your rights to use the Certification cease immediately, which requires that you immediately remove the Certification logo from all electronic and hard copy materials, including but not limited to websites, social media sites/accounts, blogs, email signatures, resumes, and business cards. In the case of hard copy materials, any unused materials must be destroyed within ten (10) days of termination of your Certification.
  2. You must immediately cease accessing or using training materials or data accessible through the Programs, and any other Planisware content made available to you via the Program, and delete or destroy such data and material, without making any copies thereof. You must also immediately uninstall and delete from your systems any non-production instance of the Planisware software. 

5. Planisware Intellectual Property and Confidentiality

5.1 Ownership

Planisware and its licensors are the exclusive and sole owners of all rights, title, and interest in and to the Academy platform, the Engage Platform and the Programs including, without limitation, ownership of all copyright rights and other intellectual property rights. The Programs, and all content, material, software programs and tools you access via the Programs, including Certification exam testing materials, are Planisware’s intellectual property and you can only use them for internal training and Certification purposes only. 

All rights not licensed hereunder are expressly reserved by Planisware. Planisware shall also own any suggestions, ideas, enhancement requests, feedback, recommendations, specifications or other information provided by you relating to the Programs.

5.2. Prohibition

You may not:

  1. copy any ideas, features, functions or graphics of any element of the Programs.
  2. modify, create derivative works, decompile, disassemble, decrypt, extract, or otherwise reverse engineer any element of the Programs.
  3. disclose, distribute, or transfer, sell, resell, license, sublicense, make available, rent or lease any element of the Programs.
  4. permit direct or indirect access to or use of any element of the Program to any third party,
  5. use any element of the Programs in development activities.
  6. make public any benchmarking or results of evaluating the Programs.
  7. build a competitive product or service, or a product or service using similar ideas, features, functions or graphics of the Programs; or 
  8. remove, deface, or destroy any copyright, trademark, service mark, other proprietary markings, or confidential legends placed on or within any element of the Program made available to you. 

5.3 Usage terms

While participating in the Programs and using the tools available through the Programs, including Certification exam testing materials, you may not:

  1. store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
  2. send spam or otherwise duplicative or unsolicited messages in violation of any applicable laws.
  3. send or store infringing, obscene, tortious, threatening, libelous, or otherwise unlawful or objectionable material or content, including material harmful to children or violative of third-party intellectual property or privacy rights. 
  4. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
  5. interfere with or disrupt the integrity or performance of the Programs or the data or software contained therein; or 
  6. attempt to gain unauthorized access to any Planisware or third-party systems or networks.

5.4. Planisware software

Where applicable, You shall take adequate steps to protect the non-production instance of the Planisware software made available to you from unauthorized disclosure or use including, without limitation, only using Logins provided by Planisware for training purposes.

5.5 Confidentiality

You acknowledge that all elements of the Programs and the design, functionalities, performance characteristics thereof, and any other non-public verbal or written information that may be supplied to you in connection with your participation in the Programs, are confidential and proprietary property of Planisware. You may not use, disclose, reproduce, copy, transmit, distribute, or make derivative works of any Program information, in whole or in part, in any form or by any means. Your confidentiality obligations shall survive the termination of this Agreement. 

6. Legal Provisions

Disclaimers – No warranties.

PLANISWARE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROGRAMS OR ANY ELEMENT THEREOF, INCLUDNG ANY NONPRODUCTION INSTANCE OF THE PLANISWARE SOFTWARE. THE PROGRAMS ARE OFFERED AND PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ENFORCEABILITY, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WE DO NOT REPRESENT OR WARRANT TO YOU THAT THE PROGRAMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT DATA AND CONTENT PROVIDED WILL BE ACCURATE.

Limitation of liability.

IN NO EVENT WILL PLANISWARE OR OUR CERTIFICATION EXAM PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO THE PROGRAMS INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION OR USE, LOSS OF DATA, OR THE INCREASED COSTS OF DOING BUSINESS, REGARDLESS WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR CERTIFICATION EXAM PROVIDERS LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AGGREGATE FEES YOU PAID TO US (IF ANY) TO PARTICIPATE IN THE PROGRAMS. NO ACTION MAY BE BROUGHT BY YOU FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. 

FURTHERMORE, NEITHER PLANISWARE NOR ANY OF OUR CERTIFICATION EXAM PROVIDERS, WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:

  1. YOUR FAILURE TO ACHIEVE A PLANISWARE CERTIFICATION OR OTHER INABILITY TO PARTICIPATE IN A PROGRAM, INCLUDING AS A RESULT OF ANY A) TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN A PROGRAM, OR B) OUR DISCONTINUATION OF ANY PLANISWARE PROGRAM, OR CERTIFICATION EXAM, OR
  2. ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PROGRAMS.

Indemnification.

You agree to indemnify, defend and hold Planisware and its Licensors, officers, directors, affiliates, employees, Certification exam providers and their respective representatives ("Indemnitees") harmless from and against any all claims, losses, liabilities, demands, penalties, forfeitures, suits, judgments, damages, costs and expenses, including reasonable attorney's fees, that the Indemnitees may incur, become responsible for, or pay out as a result of or in connection with (1) Your violation of these Terms including but not limited to Your misuse of a Planisware Certification, or (2) caused by your negligent act or omissions.

Planisware Remedies.

You acknowledge that a material breach of these Terms by you may cause irreparable harm to Planisware. In addition to any and all remedies available at law, Planisware will be entitled to injunctive relief or other equitable remedies in the event of a threatened or actual violation of any of these Terms.

Entire Agreement.

Unless an agreement between you and your organization governs your access to and use of the Programs, these Terms are the entire agreement between you and Planisware with respect to the Programs, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the Programs. If we provide a translation of the English language version of these Terms, the English language version will control if there is any conflict. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder will continue in effect. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms and conditions, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

Governing law and Waiver of Jury Trial. 

If you or your organization make your Program Fee payment to Planisware USA, Inc., then this Agreement is between you and Planisware USA, Inc. and shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. The state and federal courts located in San Francisco County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.

If you or your organization make your Program Fee payment to Planisware S.A.S, then this Agreement is between you and Planisware S.A.S and shall be governed exclusively by the internal laws of France, without regard to its conflicts of laws rules. The relevant courts located in Paris, France shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.

If you or your organization make your Program Fee payment to Planisware GmbH, then this Agreement is between you and Planisware GmbH and shall be governed exclusively by the internal laws of Germany, without regard to its conflicts of laws rules.  The relevant courts located in Munich, Germany shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.

If you or your organization make your Program Fee payment to Planisware UK Ltd., then this Agreement is between you and Planisware UK Ltd. and shall be governed exclusively by the internal laws of England and Wales, without regard to its conflicts of laws rules. The relevant courts located in Manchester, England shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.

Each party hereby consents to the exclusive jurisdiction of the courts as listed above. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.