The smicroSuite by smicro GmbH is a digital blended learning support tool offered by smicro GmbH (hereinafter referred to as “smicro”) that enables you as a participant in training courses to access supplementary information and make notes during instructor-led training and provides digital support across the entire learning process.
smicro enables you to use this platform and its content in accordance with these terms of use and the applicable laws for the agreed period of use. Before you are able to use the platform and receive information through this platform, you must first agree to these terms of use.
User authorisation for the smicroSuite is only granted to individual persons who are invited to use the system as part of a training measure by persons responsible for the course or authorised representatives on behalf of (institution responsible for organising the training). The user authorisation expires upon leaving the receiving company (dealer, sales organisation).
You need to register to use the e-learning platform. Certain checks will be performed when you register, including a check of your eligibility to participate in particular.
In order to receive user authorisation for the smicroSuite, you must be registered by a trainer/administrator as a participant with a user name and a password of your choice. As part of the registration process, you confirm that you consent to the terms of use and agree to the use of your personal data by the smicroSuite. Personal data is collected and stored in accordance with the legal provisions, particularly the GDPR. The privacy statement contains detailed information about the purpose and scope of the personal data collected and your rights. The data collected during the registration process and other information must be checked by you as a participant and corrected or supplemented where necessary. The usage agreement is entered into as a result of completing the full registration process and agreeing to the terms of use.
Personalised security features include:
Your user name (email address)
Your personal password
As a user, you will be given access to the smicroSuite and the associated services, provided that:
You have submitted your individual access identification (user name and personal password)
The verification of your access authorisation was successful
Access is not blocked
After successful verification of the access data, the user can use the services offered in the smicroSuite in accordance with their authorisation.
The online availability of the smicroSuite may be temporarily limited or the system may be temporarily unavailable due to network or telecommunications disruptions, force majeure, maintenance work that is necessary to ensure smooth operation or due to other circumstances. The content saved in offline mode will continue to be available. No liability is assumed for such disruptions.
smicro GmbH shall not be held liable for breaches of duty where smicro GmbH cannot be accused of gross negligence or intentional misconduct, provided that these do not relate to damages arising from injury to life, limb or health or guarantees that have been issued and provided that claims based on the German Product Liability Act (Produkthaftungsgesetz) are not affected. Furthermore, liability for breaches of duty, the fulfilment of which is a requirement for the proper execution of the agreement and the adherence to which the user may regularly rely on, remains unaffected. The same applies to breaches of duty by vicarious agents of smicro GmbH. smicro GmbH undertakes no guarantee and assumes no liability for the correctness, currentness and completeness of the content and information provided in the smicroSuite.
If other users or third parties assert claims against smicro GmbH that are based on a breach of duty on your part in relation to your use of the smicroSuite (e.g. the uploading of copyrighted images/videos or other documents), then you are obligated to pay compensation to smicro GmbH for damages. These include damages that are incurred by smicro GmbH as a result of the breach of duty, including costs for legal advice.
As a user, you are obligated to use only the specified access channels to establish a technical connection to the smicroSuite.
Your personal security information must be kept confidential. It is particularly important that the following information is observed with regard to the protection of your personal security information:
When entering personal security information, you must ensure that no other person is able to spy on you.
You must ensure that your access data and the user account you created are used exclusively by you and not misused by third parties. You must not disclose your access data to third parties. In the event of misuse, you must change your password as soon as you find out that your account is being used by third parties and immediately inform smicro of this misuse. Passwords should be changed regularly regardless of this. smicro reserves the right to ask you to change your password and to link this with your ability to continue to use the system.
Your personal security information must not be entered outside the smicroSuite: for example, not on online dealer sites and not on computer systems that are publicly accessible (e.g. in Internet cafés).
smicro and smicro GmbH shall assume no liability for damages arising from unauthorised use of the access data and the platform.
With regard to discussion between users of the e-learning platform, you must observe and comply with the following rules of conduct:
The applicable laws and the terms of use must be observed.
You must ensure that you do not harass other users. In particular, you must refrain from making any insulting, racist or otherwise derogatory comments based on gender, sexual orientation or religion, or causing disruption due to frequent or unprofessional comments.
You are obligated not to jeopardise the proper operation of the smicroSuite. Users who discover content that may not be permitted are asked to report this to smicro by emailing support@smicro.app.
In the event of a breach of these terms of use and the rules of conduct they contain, smicro is authorised – subject to any further claims for damages and injunctions – to carry out the following actions, either cumulatively or individually:
Notify the user of a breach
Block the user’s access
Temporarily or permanently end the user’s participation
In particular, smicro is authorised to delete data and other content in part or in full, especially when these violate the terms of use, applicable law or public order, or when these disrupt or limit the operation of the platform.
As a training participants, you can upload notes and photos to the smicroSuite that are related to the training course or its content.
As a user, you are not authorised to upload documents with unauthorised content to the smicroSuite or to provide links to these. Unauthorised content includes documents that violate the rights of third parties (such as copyrighted photos) and documents containing pornographic, racist, inhuman, insulting or violence-glorifying content or content that violates the applicable laws for any other reasons (viruses, trojan horses etc.). Using the platform to exchange or link to copyrighted data is prohibited.
The statutory provisions (in particular the provisions of the Act on Copyright and Related Rights [Urheberrechtsgesetz, UrhG] and the Act on the Protection of the Copyright in Works of Art and Photographs [Kunsturhebergesetz, KUG]). The information obtained during the use of the smicroSuite about other users must be treated strictly confidentially and must not be passed on to third parties without the express consent of the relevant person. This applies in particular to all personal data and the images and videos uploaded by other users.
The notes (in the form of writing and images) uploaded by you and other users are subject to redaction by the relevant trainer. The trainer decides whether your note is retained and can provisionally take your comment offline and contact you as the author. The trainer can also delete your comment if they believe that it is legally problematic or if it violates the smicroSuite terms of use.
Similarly, an administrator can lock and/or delete a trainer’s self-created course elements if they are not in accordance with the smicroSuite terms of use.
As a user, you can modify or delete the contributions (e.g. notes) you have uploaded yourself in the smicroSuite. After you leave the company/dealer/sales organisation that organised the training, the contributions can be deleted by administrators without prior notice, however, this may not be done if the contributions are part of a chain of contributions.
When they are uploaded, documents are automatically protected and encrypted using crytographic techniques in accordance with the widely accepted recommendations (e.g. the TR-02102-1 2018-1 Technical Guidelines from the Federal Office for Information Security [BSI]).
You have the option to upload an image to personalise your user account. This should be an image of you (portrait photo) and should help other users to identify you. By using this function, you consent to the image being uploaded to the smicro GmbH servers and seen by other users and other authorised persons (administrators, trainers etc.) within the smicroSuite. If the photo provides information about your ethnic background, religion or health (e.g. skin colour, headwear, glasses), then your consent also applies to these aspects. smicro points out that other users have the opportunity – although this represents a breach of the terms of use – to save or take photographs of the images uploaded here and make them accessible to third parties.
This consent is voluntary. You can refuse consent without providing reasons and without any concern for disadvantages resulting from this. In this case, your image will not be uploaded and will not be linked to your user account. You can also revoke this consent at any time in written form (e.g. letter, email). In this case, your image will be deleted.
When using the smicroSuite, photos and videos of individual learning sections are created by trainers or other users and may be published within the smicroSuite. You may also appear in the videos and images. You, other users of the smicroSuite and other authorised persons (administrators, trainers etc.) can view these photos. You hereby consent to the use of these images and videos for this purpose. This consent is voluntary. As the creation and use of these types of photos and videos is of particular importance for the learning concept of the smicroSuite, it is not possible to use the smicroSuite if you do not consent to this. You can revoke this content in written format (e.g. letter, email) at any time in the future without providing reasons. This may lead to you being excluded from participating in further learning content or to your user account being blocked. When you revoke your consent, photos and videos in which you can be identified and that primarily show you (portrait photos) will be removed and no longer used. If the photo shows you together with other people (illustration photo), then the photo does not need to be removed. Instead, it is sufficient for the photo to be edited so that you are not identifiable (e.g. by pixellating the photo). If you are shown in the photo/video together with other people and if the photo/video is not pixellated, but instead the picture is replaced by a new photo/video (for example because the video is of significant importance for the communicated learning content), the deadline for replacing the photo/video is one month. In specific instances where photos are taken or videos are recorded, you can object to this or the use of these photos/videos without concern for any negative consequences resulting from this.
As a user, you are fundamentally responsible for all activities that are carried out under your user name.
The content made available to you as a participant within the framework of the smicroSuite is only permitted to be used in relation to the training course and only for the institution responsible for organising the training (company, dealer, sales organisation) and in combination with the training objectives. Specifically, the content must not be copied in any way or handed over to third parties, and must not be published or used outside the context of the training course without prior consent.
The smicroSuite can be divided into different learning groups or user areas that can only be accessed by certain users. The relevant users only have access to the learning groups or user areas for which they have been given authorisation on the basis of a particular affiliation. The user does not have the right to access areas of the smicroSuite for which they have not been given authorisation. The scope and special authorisations are based on the contracts that are in place, or the decisions of the relevant trainer or the individual users.
By concluding the usage agreement, you consent to the smicroSuite sending your test results to the sending company with details of your first name and surname and the result that you achieved so that the company is able to evaluate and assess the actual success of the training measures and continuously improve the training measures.
After you leave the company/dealer/sales organisation that organised the training, your user account and your account and profile data can be deleted without prior notice.
The user has the right to terminate their account. The user can terminate their account by writing to smicro or emailing support@smicro.app. When the account is terminated, the user profile is locked and then deleted after the blocking period of one month expires. The user can reactivate their account within the blocking period. As part of the process of terminating the account, the customer can also request that the account is deleted immediately. The blocking of access extends to all content, including paid content or content that the user has saved or created themselves.