Terms of Service

The terms and conditions apply to all content, products, and subscription services (including refund and cancellation policies for online training videos and in-person events).

The website https://pemautomic.com (hereinafter referred to as the “PEM Platform”) is a platform for training and consulting services provided by Philipp Elmer GmbH. Please read these terms and conditions carefully. They constitute a legal agreement between you and Philipp Elmer GmbH. By accessing (whether free or paid) the PEM Platform or by installing, viewing, copying, using, or distributing the “Materials” (as defined below), you automatically agree to the following terms and conditions. If you do not accept these terms, please refrain from viewing or using the Materials.

1. Access to the Site and Use of the PEM Platform

  1. You understand that Philipp Elmer GmbH does not operate, distribute, control, or endorse any products or services available on the internet, except for the information, products, or services, including the Materials, made available on the PEM Platform. You assume full responsibility and risk for your use of the PEM Platform and the internet.
  2. To use the PEM Platform and access the Materials, a high-speed internet connection is required. You are solely responsible for ensuring you have adequate and compatible hardware, software, and telecommunications equipment, as well as the necessary internet service provider for using the PEM Platform.
  3. You are responsible for implementing adequate procedures and safeguards to meet your personal requirements regarding data input and output accuracy, as well as maintaining external means for recovering lost data.

2. License

The membership license (PEM) is valid for one year. Payment must be made within 30 days of receiving the invoice. If you wish to cancel your membership, you must send a written cancellation notice via email at least one month before the end of the membership term. Any consulting credit will expire upon membership termination or at the latest two years after issuance.

Subject to your agreement to and compliance with the terms of this contract, Philipp Elmer GmbH grants you a time-limited, personal, fee-based, revocable, non-exclusive, and non-transferable license that authorizes you to:

  • Access the PEM Platform and use the Materials for the duration specified in your shopping cart, solely for your personal, informational, and non-commercial internal purposes. The license duration for the respective Materials is also stated on the invoice issued at the time of purchase.
  • Print and download portions of the Materials from the PEM Platform exclusively for your personal, informational, and non-commercial use.

Philipp Elmer GmbH retains all rights to the Materials and the PEM Platform, including any rights not expressly granted to you under your license. The term “Materials” refers to the training modules offered on the PEM Platform, including, but not limited to, any components of videos, guided instructions, tutorials, tests, course materials, and worksheets, as well as any other materials such as documentation, files, presentation slides (including their selection and arrangement), ideas, concepts, creations, designs, technical details, methods, inventions, processes, literary works, and all related content, along with updates, patches, fixes, modifications, and improvements, including newly released versions, regardless of whether they are made available to you via download, automatically without further consent or action, or otherwise. The Materials may include clip art, photographs, videos, and audio clips (hereinafter “Clips”). Your responsibilities and restrictions concerning the Materials also extend to Clips.

3. Updates

Philipp Elmer GmbH reserves the right to modify or update the Materials, the PEM Platform, or its content at any time and at its sole discretion. All modifications or updates are automatically subject to these terms and conditions without requiring further action by Philipp Elmer GmbH.

4. Third-Party Materials and Use of User Content

  1. The Materials may include Clips or other content licensed from third parties (hereinafter “Third-Party Clips”). Philipp Elmer GmbH ensures that all conditions required for the use of these Third-Party Clips are met. You are obligated to use the Materials only in accordance with the provisions of this agreement. As long as you comply with these provisions, you will not be held liable for violations of third-party terms.
  2. By submitting content to us, e.g., through our website, forums, or by sending contributions to our support email address, you grant us a simple, unlimited, and geographically unrestricted right to use such content exclusively in anonymized or pseudonymized form. This includes the right to store, reproduce, and publish the content in our media if it contributes to improving support or illustrating topics, e.g., through screenshots of forum posts. Content from support inquiries will only be used if it cannot be traced back to you personally or if you have explicitly given your consent.

5. License Restrictions

  1. Unless explicitly permitted under this agreement, the materials and their associated license may not be copied, reproduced, republished, uploaded, posted, transmitted, shared with others, distributed, resold, offered for resale, transferred, displayed, sublicensed, or exploited in any other way, either partially or in full. No program, code, section, image, audio recording, or text may be copied or otherwise used by you in any manner not expressly authorized under this agreement.
  2. Subject to the above, you are specifically prohibited from performing the following actions concerning the PEM Platform, the materials, or their use:
    • Modification and Reverse Engineering: Altering, summarizing, modifying, adapting, or translating the materials, or decompiling or reverse engineering them.
    • Derivative Products: Using the materials to develop other products that serve the same primary function, or creating derivative works or other works based partially or entirely on the materials.
    • Brand Misuse: Using the name, logo, and graphics of Philipp Elmer GmbH that appear in or are associated with the materials to promote products developed by you using the materials.
    • Alteration of Notices: Removing or altering any trademarks, trade names, product names, logos, copyright notices, or other proprietary markings contained in the materials.
    • Misleading Use: Using the materials in a manner that could create false or misleading impressions about Philipp Elmer GmbH or any third party mentioned in the materials.
    • Malicious Software: Uploading, transmitting, or otherwise introducing viruses, advertisements, or other processes that affect the use, enjoyment, or service of the PEM Platform or materials or negatively impact Philipp Elmer GmbH’s computers, servers, or databases.
    • Unauthorized Access: Collecting, storing, downloading, uploading, printing, or otherwise retaining materials available on the PEM Platform unless expressly permitted by this agreement.
    • Impersonation and Credential Sharing: Misrepresenting your identity or personal information while using the PEM Platform, or sharing your username and password or those of another authorized user to allow unauthorized access.
    • Content Transfer: Transferring the materials or other site content to another person.
    • Unauthorized Navigation Techniques: Using “framing,” “mirroring,” “inline linking,” or similar navigation technologies on the PEM Platform.
    • Data Security Breach: Attempting to breach Philipp Elmer GmbH’s data security measures, unauthorized access to data or servers, or compromising the PEM Platform’s data security.
    • Legal Violations: Engaging in any conduct that violates Austrian or European Union laws while using the PEM Platform or materials.
    • Commercial Solicitations: Soliciting funds, goods, or services on the PEM Platform.
    • Hosting Services: Offering hosting services that provide access to the PEM Platform or materials.

6. Legal Information and Usage Terms for PEM LABs

Ownership and Agreement to Usage Terms

These usage terms apply to the LABs provided for PEM members and are the property of Philipp Elmer GmbH. By using the PEM LABs, you agree to these terms. If you disagree with these conditions, refrain from using the PEM LABs.

Philipp Elmer GmbH reserves the right to change or modify these usage terms as needed to reflect legal, technical, or business developments. You will be informed of significant changes via email or the PEM Platform, and a reasonable period will be given for you to object. If no objection is made within this period, the changes will be deemed accepted. If you object, you retain the right to terminate the contract without notice.

Content and Usage Rules:

  • The LABs are exclusively for educational and testing purposes. Productive processes or automation outside of training purposes are prohibited.
  • LABs are provided to members of the Philipp Elmer Membership by administrators.
  • Individual LABs and their content may be permanently and irretrievably deleted at any time.
  • LAB availability is not guaranteed.
  • Basic IT knowledge is a prerequisite for using the LABs.
  • Uploading, processing, or using sensitive, illegal, racist, or discriminatory content is strictly forbidden.
  • Damaging the LAB environment, exploiting software bugs, or causing intentional load peaks or denial-of-service attacks is not allowed.

7. Proprietary Rights

The materials include content protected by copyrights, patents, trademarks, trade secrets, and other intellectual property laws. Unless explicitly stated otherwise, Philipp Elmer GmbH owns all rights, titles, and interests in the materials and the PEM Platform, including but not limited to all intellectual property rights. Nothing in this agreement transfers or restricts the intellectual property rights of Philipp Elmer GmbH. Trademarks, trade names, product names, and logos of third parties may belong to their respective owners. This agreement does not grant you permission to use Philipp Elmer’s name or trademarks.

8. Data Collection and Usage

You agree that Philipp Elmer GmbH may collect and use technical information, including login counts, first visits to training pages, completed lessons and courses, comments, newsletter emails, IP addresses, and data from support inquiries or webinar registrations related to your use of the PEM Platform and materials. This data collection complies with the privacy policy available at https://pemautomic.com/privacy-policy/.

Philipp Elmer GmbH may audit your use of the PEM Platform and materials to verify valid registration and assess usage. Such auditing will be conducted without significantly disrupting your operations.

Any access that deviates from normal usage patterns, such as systematic copying of materials, may result in revoked access rights.

9. Additional Conditions for In-Person Training, Workshops, and Consultations

Philipp Elmer GmbH may offer in-person training sessions (“In-Person Training Session”), workshops (“In-Person Workshop”), and consultations (“In-Person Consulting”), either as standalone services or in combination with the purchase of one or more of our online training programs. By submitting your online order for a ticket (“Ticket”) to participate in an In-Person Training Session, you agree to the following terms and conditions, in addition to all other applicable terms and conditions outlined in the online training agreement:

General Provisions:
Each ticket entitles the holder to participate in the specified In-Person Training Session, In-Person Workshop, or In-Person Consulting as detailed in the agreement. Philipp Elmer GmbH reserves the right to modify the content, instructor(s), and/or venue of the In-Person Training Session, In-Person Workshop, or In-Person Consulting without prior notice, which does not constitute a cancellation. Additionally, Philipp Elmer GmbH reserves the right to assign seating to ticket holders at the respective venue of the In-Person Training Session, In-Person Workshop, or In-Person Consulting.

Participation:
To attend an In-Person Training Session, In-Person Workshop, or In-Person Consulting, the ticket holder must present either the ticket or proof of payment for the ticket. Participants in In-Person Training Sessions, In-Person Workshops, or In-Person Consultations are strictly prohibited from recording or reproducing any materials presented or displayed during the respective session, workshop, or consultation.

Transferability:
Tickets for In-Person Training Sessions, In-Person Workshops, or In-Person Consultations purchased separately from an online training program may be freely transferred to other individuals by the ticket holder, provided that the new ticket holder agrees to and complies with these terms and conditions. Philipp Elmer GmbH assumes no responsibility for lost or destroyed tickets. Tickets for In-Person Training Sessions, In-Person Workshops, or In-Person Consultations purchased in conjunction with an online training program (or as part of such a program) are non-transferable.

Refund Policy:
Philipp Elmer GmbH will refund the purchase price of tickets if (1) Philipp Elmer GmbH reschedules the date of an In-Person Training Session, In-Person Workshop, or In-Person Consulting, and you are unable to attend due to this change, or (2) Philipp Elmer GmbH cancels the respective In-Person Training Session. Refunds for reasons not explicitly outlined in the preceding sentence are excluded. The refund amount will be credited to the same credit card used for purchasing the ticket within thirty (30) business days.

10. Disclaimer of Warranties

  1. Nothing contained in this agreement shall be construed as a representation, warranty, or guarantee that a specific result will be produced or achieved from your use of the PEM platform or any of its materials.
  2. The materials are provided and licensed “as is” at the time of access after purchasing a license. Before purchasing access, you have the opportunity to review descriptions and previews of the materials. By purchasing access, you agree that the content is provided as-is, without any warranties, whether explicit, implied, or otherwise. This includes, but is not limited to, implied warranties of merchantability or fitness for a particular purpose. No guarantee is given that the materials will operate without errors or interruptions, and any liability for technical defects or malfunctions is excluded unless caused by gross negligence or intent.
  3. No oral or written information or advice provided by Philipp Elmer GmbH, its agents, or employees creates a warranty or extends the scope of any warranty set forth in this agreement.
  4. Philipp Elmer GmbH makes no representations regarding any other website you may access through the PEM platform or any website linked to the PEM platform. Any such site not owned or controlled by Philipp Elmer GmbH is considered independent of Philipp Elmer GmbH, which has no control over its content.

11. Limitation of Liability

  1. Philipp Elmer GmbH is fully liable for intent and gross negligence.
  2. For slight negligence, Philipp Elmer GmbH is liable – except in cases of injury to life, body, or health – only for breaches of essential contractual obligations. Essential contractual obligations are those necessary for the proper performance of the agreement and upon which you regularly rely. In such cases, liability is limited to the typical and foreseeable damages under the contract.
  3. These limitations or exclusions of liability do not apply to statutory mandatory liability (e.g., under product liability laws) or liabilities under an expressly assumed guarantee.
  4. If liability is excluded or limited according to Section 2 above, such limitations also apply to the personal liability of employees, representatives, corporate bodies, and vicarious agents of Philipp Elmer GmbH.
  5. The materials may include “open source” materials (e.g., materials subject to Open Source, public domain, GNU General Public License, Library General Public License, Lesser General Public License, Mozilla License, Berkeley Software Distribution License, Open Source Initiative License, MIT, Apache, or similar licenses). Philipp Elmer GmbH provides no warranties and disclaims any liability concerning open source materials contained in the materials.

12. Indemnification

  1. User Responsibility
    You agree to indemnify and hold harmless Philipp Elmer GmbH, its employees, representatives, partners, and service providers from all claims, damages, losses, or costs arising from your use of the PEM platform or the materials if such use violates the terms of this agreement or applicable laws. This specifically applies to:
    • Violations of third-party intellectual property rights resulting from non-contractual use, reproduction, or modification of the materials.
    • Any use of the platform that breaches applicable laws or regulations.
  2. Protection by Philipp Elmer GmbH
    Philipp Elmer GmbH ensures that its services do not infringe on third-party rights. If a third party makes claims against you, Philipp Elmer GmbH will indemnify you from all resulting damages, costs, and claims, including reasonable attorney and court fees, provided you are not responsible for the infringement. In such cases, Philipp Elmer GmbH assumes responsibility for defending against such claims both in and out of court.
  3. Joint Responsibility and Cooperation
    If a third party asserts legitimate claims directly against you or Philipp Elmer GmbH concerning your use of the platform or materials under this agreement, both parties agree to promptly inform each other. This includes claims that may impact your use of the platform or essential contractual rights and obligations. Philipp Elmer GmbH, in consultation with you, will lead the defense and decide on legal actions or settlements unless the claims arise from your misconduct.

13. Termination of the Agreement

Philipp Elmer GmbH has the right to terminate this agreement immediately, revoke your right to use the materials, and deny access to the PEM platform if you significantly breach any material provision of this agreement.

In cases of severe contractual violations that threaten the platform’s security, third-party rights, or the continuity of the business relationship, immediate termination is also permitted.

If this agreement or your right to use the materials is terminated for any reason, you must immediately cease using the materials and either return them or destroy all copies of the materials in your possession or control. Philipp Elmer GmbH may request written confirmation that you have complied, and you are obligated to provide this upon request.

All provisions of this agreement that, by their nature, should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and liability limitations, will remain in effect.

Export Restrictions
You are prohibited from exporting the materials to any country where such export is forbidden under European export regulations.

14. Jurisdiction and Miscellaneous

This agreement and all related disputes, claims, actions, proceedings, or other matters are governed by and construed in accordance with the substantive laws of the Republic of Austria. The court of Vienna, Austria, is designated as the venue for all disputes between the contracting parties.

No modification, conversion, waiver, or release of any provision of this agreement is valid unless a written declaration signed by Philipp Elmer GmbH or its authorized agents is provided. Failure or delay by Philipp Elmer GmbH in exercising any right or enforcing any obligation under this agreement shall not constitute a waiver of such rights or obligations unless documented in writing.

If any provision of this agreement is found to be illegal, invalid, or unenforceable, the remaining provisions shall remain unaffected and fully enforceable.

This agreement constitutes the entire agreement between the parties concerning its subject matter, superseding all prior or contemporaneous agreements, whether oral or written. You agree that any variations or additional contractual conditions in your possession related to the materials are void.

Any claims or actions regarding the service must be filed within three (3) years of the claim arising; otherwise, they are barred.

Philipp Elmer GmbH may transfer its rights and obligations under this agreement to any other party at any time without prior notice to you. All rights not expressly granted in this agreement are reserved.

All inquiries regarding this agreement must be directed to support@pemautomic.com.

By agreeing, you confirm that you have read, understood, and consent to be bound by the terms and conditions of this agreement.

This document was last updated on December 1st 2024, and is effective immediately.