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terms of use

Brand Activator Academy, Terms of Use / Acceptable Use Policy

Document type: Internal Terms of Use / Acceptable Use Policy Platform: Brand Activator Academy (the "Platform") Operator: act.3 GmbH ("the Company", "we", "us", "our") Effective date / Last updated: 12 August 2026

1. About these Terms and who we are

1.1 The Brand Activator Academy is an internal online training platform operated by:

act.3 GmbH Käthe-Dassler-Straße 2, 91074 Herzogenaurach, Germany Website: https://www.weareact3.com

1.2 The Platform is used to onboard and train employed company personnel like Brand Activators, who represent brands at events, and enables managers and executives to assign courses and view completion reports.

1.3 The Platform is a private internal business tool. It is not a public or consumer product, and it is not offered to the general public.

1.4 In these Terms, "User" means any individual authorised by the Company to access the Platform, including Brand Activators and the Company's managers, executives, and administrators.

1.5 These Terms of Use ("Terms") govern the User's access to and use of the Platform. By logging in or otherwise accessing the Platform, the User confirms that they have read, understood, and agree to comply with these Terms. If the User does not agree, they must not access the Platform.

1.6 These Terms sit alongside, and do not replace, the User's employment or engagement contract and any applicable Company policies (including IT/acceptable-use, information-security, confidentiality, and code-of-conduct policies) and, where applicable, works agreements (Betriebsvereinbarungen). In the event of a conflict, the User's contract and mandatory statutory rights prevail.

2. Scope and eligibility

2.1 Access is restricted to authorised Company personnel only, namely Brand Activators, and the Company managers, executives, and administrators who require access for training, assignment, or reporting purposes.

2.2 The User may access the Platform only if the Company has issued the User an account or invitation. The User may not access the Platform on behalf of anyone else, nor permit anyone else to use the User's access.

2.3 Access is granted for the Company's internal business and training purposes only. Any right to access the Platform ends automatically when the User's employment or engagement with the Company ends, or earlier if the Company withdraws the User's access.

3. Accounts, login, and credential responsibilities

3.1 The User is responsible for all activity that occurs under the User's account.

3.2 The User must:

  • keep their login credentials confidential and secure, and not write them down or store them insecurely;
  • not share their account, password, or session with any other person, and not use another person's account;
  • use a strong, unique password; and
  • log out or lock their device when leaving it unattended, particularly on shared or event devices.

3.3 The User must notify the Company immediately (via IT.servicedesk@weareact3.com) if they know or suspect that their credentials have been lost, stolen, or used without authorisation.

3.4 Sign-in to the Platform is by email address and password. The User's password is stored only as a secure cryptographic hash and is never stored or transmitted in plain text.

4. Acceptable use

4.1 The User agrees to use the Platform only for its intended purpose, completing, assigning, or administering training, and in a lawful, professional manner consistent with the Company's policies.

4.2 The User must not:

  • attempt to gain unauthorised access to the Platform, other users' accounts, administrative functions, or any underlying systems or data;
  • copy, download, scrape, republish, or distribute course content except as expressly permitted (see Section 6);
  • interfere with, disrupt, overload, probe, or attempt to circumvent the security, access controls, or integrity of the Platform;
  • upload or transmit malware, or any unlawful, harassing, discriminatory, defamatory, or offensive content;
  • misrepresent their identity, or submit training results dishonestly (including by having another person complete assessments on their behalf); or
  • use the Platform, or any data obtained through it, for any purpose unrelated to their Company role.

4.3 Reporting and administrative features (course assignment, completion reports, activity data) are provided to authorised managers for legitimate training-administration purposes only and must not be used for unlawful monitoring or any purpose incompatible with applicable employee-data-protection law.

5. Mandatory training

5.1 Some training on the Platform may be mandatory as part of the User's role, onboarding, or ongoing compliance obligations. Where training is designated mandatory, the User is required to complete it within any deadline the Company sets.

5.2 The Platform records training activity, including quiz attempts, scores, section and course completion, progress, course assignments, and last-active timestamps, to evidence completion and support the Company's training and record-keeping obligations. Because relevant training is a requirement of the User's role, this processing is not based on the User's consent.

6. Intellectual property

6.1 All course content, materials, assessments, text, graphics, video, branding, software, and the Platform itself are owned by the Company (or its licensors) and are protected by copyright and other intellectual-property rights.

6.2 The User is granted a limited, personal, non-transferable, revocable licence to access and use the content solely for their own training and, where applicable, their administrative duties at the Company. All rights not expressly granted are reserved.

6.3 The User must not reproduce, distribute, publicly display, modify, create derivative works from, or commercially exploit any content, and must not remove any proprietary notices, except as expressly authorised by the Company in writing.

7. Confidentiality

7.1 Course content, assessment materials, other users' training data, completion reports, and any non-public information accessed through the Platform are confidential to the Company.

7.2 The User must keep such information confidential, use it only for authorised purposes, and not disclose it to anyone inside or outside the Company who does not need it for a legitimate business purpose. These obligations are in addition to any confidentiality duties in the User's contract and survive the end of the User's engagement.

8. Availability, provided "as is"

8.1 The Platform is an internal tool provided "as is" and "as available". The Company does not guarantee any particular uptime, availability, or that the Platform will be uninterrupted or error-free.

8.2 The Company may suspend, restrict, modify, or discontinue the Platform (in whole or in part), and may perform maintenance, at any time and without prior notice, subject to any applicable obligations toward the User as an employee.

8.3 If the Platform is unavailable when the User needs to complete mandatory training, the User should contact the Company (Section 12) so that deadlines can be adjusted where appropriate.

9. Data protection

9.1 The Company is the controller for personal data processed via the Platform. A separate Privacy Notice governs how we handle the User's personal data; the summary below does not replace it, and the Privacy Notice prevails in the event of any inconsistency.

9.2 The Platform processes limited personal data necessary to administer training, including the User's name, work email address, a securely hashed password, training records, course assignments, invitation records, and last-active timestamps. It processes no special-category, health, financial, or payment data, and carries out no marketing, behavioural profiling, or automated decision-making producing legal or similarly significant effects.

9.3 Cookies. The Platform uses strictly-necessary login cookies only (ba_session and mgr_session), set httpOnly, to keep the User signed in and secure the session. These cookies expire seven (7) days after being set. The Platform uses no analytics, advertising, or third-party tracking cookies.

9.4 Processors. The Company uses Vercel (application hosting), Supabase (managed database and file storage), and Resend (transactional invitation emails) as processors under data-processing agreements. The Platform is hosted in the EU (Frankfurt).

9.5 Security. The Company applies appropriate technical and organisational measures, including TLS encryption in transit, securely hashed passwords, server-only database access, and EU-based hosting.

9.6 Retention. Personal and training data is kept until one year after the later of (a) the last use of the User's account and (b) the end of the User's engagement with the Company, after which it is deleted, unless a longer retention period is required by law. Further detail is set out in the Privacy Notice.

9.7 For full details of how personal data is processed, the legal bases relied on, and data-subject rights, please refer to the Privacy Notice.

10. Misuse and consequences

10.1 Breach of these Terms, including credential sharing, dishonest completion of assessments, unauthorised access, or misuse of training or reporting data, may result in suspension or withdrawal of access and may be treated as a matter under the User's employment or engagement relationship, potentially leading to disciplinary or employment consequences in accordance with applicable law.

10.2 Nothing in this Section limits any other rights or remedies available to the Company at law.

11. Limitation of liability

11.1 To the extent permitted by law, the Company provides the Platform on an internal basis and excludes liability for loss or damage arising from the User's use of, or inability to use, the Platform, including unavailability, data loss, or interruption, save as set out below.

11.2 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory law, including liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), liability for injury to life, body, or health, liability under the German Product Liability Act (Produkthaftungsgesetz), or liability for the culpable breach of a material contractual obligation (Kardinalpflicht). In the case of a slightly negligent breach of a material contractual obligation, the Company's liability is limited to the foreseeable damage typical for this type of contract.

11.3 This Section does not limit or affect the User's statutory rights as an employee, or the Company's obligations toward the User under employment law.

12. Contact

Platform / IT support: IT Service Desk, IT.servicedesk@weareact3.com General enquiries: IT.servicedesk@weareact3.com

act.3 GmbH · Käthe-Dassler-Straße 2, 91074 Herzogenaurach, Germany · https://www.weareact3.com

13. Changes to these Terms

13.1 The Company may update these Terms from time to time (for example, to reflect changes to the Platform, its processors, or applicable law). The current version will be made available on the Platform, and material changes will be notified to the User by appropriate means.

13.2 Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms, without prejudice to the User's mandatory statutory rights.

14. Governing law and jurisdiction

14.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 To the extent permitted by law, the place of jurisdiction for disputes arising out of or in connection with these Terms is Nuremberg. Mandatory jurisdiction rules, including those protecting employees under German and EU law (for example, the courts for the place where the User habitually carries out their work), remain unaffected and take precedence.

15. Severability and waiver

15.1 If any provision of these Terms is or becomes invalid, illegal, or unenforceable, in whole or in part, the validity, legality, and enforceability of the remaining provisions are unaffected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid provision.

15.2 No failure or delay by the Company in exercising any right or remedy under these Terms operates as a waiver of that right or remedy, and no single or partial exercise of any right or remedy prevents any further exercise of it or of any other right or remedy.

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