The Platform Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the online learning platform “cirqus” and all the functionalities provided (hereinafter designated together the “Service”).
By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use.
The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy and the Legal Notice on unternehmertum.de.
These Terms of Service are permanently available.
Please review these Terms of Service carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.
Please find the Legal Notice here: unternehmertum.de/impressum.
The Service is provided by UnternehmerTUM GmbH:
In accordance with Section 5 TMG
UnternehmerTUM GmbH
Lichtenbergstr. 6
85748 Garching b. München
cirqus uses the cloud service Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “AWS”) to provide the Website and its services. The server location of AWS is Frankfurt (Main). In this way, AWS ensures that the data is not transferred to the USA. In addition, Amazon Web Service is certified to reliable security standards, including ISO 27001, SOC 1/2/2 and PCI DSS Level 1. Data Processing Contract: Data Processing
Contract Standard Contractual Clauses: SCC
For more information, please visit: GDPR - Amazon Web Services (AWS)
Platform means the online learning platform named cirqus developed and hosted by cirqus UG (haftungsbeschränkt) and provided by UnternehmerTUM GmbH to selected participants of UTUM Programs, allowing User to benefit from the Service.
Data Protection Law means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
User Account means a dedicated online account opened by any UTUM Program Participant and providing an access to the Service.
Identifiers means login and password or social login the User used to create the User Account.
Party or Parties means the User and UnternehmerTUM GmbH designated either individually or collectively.
Service means cirqus and all the functionalities provided thereto and described in the Terms and Conditions.
Service Content any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.
User or Users means any person authorized to access and use of the Service after creation of a User Account.
User Content any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.
UTUM Program means a UTUM program offering access to cirqus.
UTUM Program Participant: means any student, start-up or other partner, including external coaches or lecturer, participating in a UTUM Program.
The Terms of Service will come into effect on first access to the Service for the entire duration of use.
The Service enables Users to connect with each other, build communities, or also do networking.
The Service comprises a suite of online services provided by UnternehmerTUM GmbH allowing the User to:
Access to learning content with respect to the respective UTUM Program
Upload data, documents and presentations referring to the start-up idea
Communicate with others by sharing content such as status, photos, data, documents, presentations.
People search: provide with the contact details of other Users.
Teams: Users can be part of a team with all the features of the application.
Ensure the safety and integrity of cirqus with a reporting tool allowing the Users to signal contents and other Users.
Stay up to date with news about UnternehmerTUM GmbH and the respective UTUM Program specifically as well as activities in the Community Website:
Email campaign: Users that have agreed can receive email campaigns from UnternehmerTUM
Notification: Users that have agreed can receive notifications.
These Terms of Service govern the use of each component of the Service.
Access to the Service shall be subject to the creation of a User Account.
The Service is available on xplore.cirqus.de as provided by UTUM.
The User must ensure to have (“User’s System”):
The ability and means required to access the Services and to use it;
The appropriate hardware (computer and operating software and shall carry out the responsibility of the maintenance and the security;
An Internet access from any access provider of the User’s choice;
An adapted configuration of the browser.
Users shall bear all the costs for accessing the Service.
This shall require the entering of personal identification data through the online registration form provided by cirqus UG (haftungsbeschränkt).
The User shall enter user identification data such as name, surname, email.
The User agrees to provide only accurate and complete information when creating or updating his/her Account information.
In order to benefit from the Services, the User must log-in and create a User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The User’s login can only be changed at the request of the User or at the initiative of UnternehmerTUM GmbH. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by using the “forgot password” functionality shown next to the login form.
The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and indemnifies UnternehmerTUM GmbH against any request in this respect.
If the User has reason to believe that a person is fraudulently using identification elements or his User Account, they must immediately inform UnternehmerTUM GmbH by e-mail at the following address [email protected].
The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify UnternehmerTUM GmbH.
Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
The Service is available free of charge (excluding any connection costs, whose price depends on your electronic communication service provider).
The Service and the Service Content belong and shall remain the property of UnternehmerTUM GmbH or its licensors as applicable, and is protected by copyright, patent where applicable, trade secret and other intellectual property laws.
The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.
Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of UnternehmerTUM GmbH. Any use of these Service Content not expressly authorized by UnternehmerTUM GmbH shall constitute a violation of the Terms of Use and a violation of intellectual property rights.
UnternehmerTUM GmbH grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of UnternehmerTUM GmbH.
In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:
violate any applicable laws, rules or regulations, notably cause damage or injury to any person or property, infringes any rights of third parties including but not limited to any intellectual property rights and privacy rights or perform any other illegal, harmful or fraudulent activities;
probe, scan, or test the vulnerability of any system or network;
remove, circumvent, disable, damage or otherwise interfere with any security measures of any network, computer or communications system, software application, or network or computing device;
attempt to connect without permission and/or damage, in any way whatsoever, any Users, hosts or networks;
disturb, hamper, interfere or interrupt the access to or operation of the Service and Service Content including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
The User represents and warrants that they retain ownership of all of their intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. UnternehmerTUM does not claim ownership of the User Content.
The User holds UnternehmerTUM harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content. By using the Service, the User represents and warrants that they have the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.
User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”) via the Service.
User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service.
User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public, or political purpose is strictly prohibited. Prohibited activities include but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by UnternehmerTUM GmbH (or any individual officer or employee of UnternehmerTUM GmbH (3) use that can be confused with official communications of UnternehmerTUM GmbH or its officers or employees; and (4) print or electronic mass mailings (sometimes known as “spamming”), solicitations for commercial services.
In order to ensure the Platform provides the best experience possible for everyone, if a User sees any inappropriate content, they must immediately inform UnternehmerTUM GmbH by e-mail at the following address [email protected].
UnternehmerTUM GmbH has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. UnternehmerTUM GmbH has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.
The knowledge of such content is deemed effective when the hosting provider is notified of following:
notification date;
notifying User identity;
description of the facts in contention (possibly with screen shots of the content);
reasons for which the content must be removed.
If a User Content is reported or Objectionable Content is identified by UnternehmerTUM GmbH or cirqus UG, UnternehmerTUM GmbH reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.
By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by UnternehmerTUM GmbH in compliance with the UnternehmerTUM Privacy Policy and the Cookie Policy (collectively, “Privacy Policies”).
UnternehmerTUM will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.
Please find the Privacy Policy here: https://cirqus.de/xplore-privacy/
UnternehmerTUM GmbH is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User’s computer facilities and equipment.
UnternehmerTUM GmbH shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.
Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.
The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances UnternehmerTUM GmbH accepts liability for injury arising from reliance on Information, its use or use of a product to which it refers.
The User is solely responsible for all User Content posted and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of any content, its information will become accessible to all the Users on the Platform and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and UnternehmerTUM. UnternehmerTUM will have no responsibility or liability in connection with the User Content.
The Platform may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. UnternehmerTUM GmbH does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.
If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that UnternehmerTUM is affiliated or associated with any linked site.
For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at [email protected]
Please find our Privacy Policy here: https://cirqus.de/xplore-privacy/
Please find our legal notice here: https://www.unternehmertum.de/en/legal-notice