Terms and Conditions for TOGAF 10 Foundation Trainer

Last Updated: 21/4/2025

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the TOGAF 10 Foundation Trainer mobile application (the “Service”, “App”) operated by Michael Borgers (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. License to Use

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App solely for your personal, non-commercial purposes strictly in accordance with these Terms.

2. App Functionality

The App provides quiz functionalities based on pre-loaded content and allows users to create, manage, and store their own quiz questions, categories, and explanations (“User-Generated Content”). All User-Generated Content and performance data are stored locally on your device.

3. User-Generated Content

You are solely responsible for the User-Generated Content you create, store, or share using the App. You retain ownership of your User-Generated Content.

You agree not to create or store any User-Generated Content that:

    a. Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

    b. Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

    c. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

We do not monitor or control the User-Generated Content stored locally via the Service and, we cannot take responsibility for such Content. You use any such information or materials at your own risk.

4. Intellectual Property

The Service and its original content (excluding User-Generated Content stored locally by you), features, and functionality are and will remain the exclusive property of Michael Borgers and its licensors. The pre-loaded quiz content provided within the App is protected by copyright and other laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software or content, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

5. Data Storage and Privacy

Your User-Generated Content and quiz performance data are stored locally on your device. We do not access, collect, or store this specific data on our servers. Our handling of any other information is described in our Privacy Policy, which is hereby incorporated by reference. Please review our Privacy Policy

6. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

    a) the Service will function uninterrupted, secure, or available at any particular time or location;

    b) any errors or defects will be corrected;

    c) the results of using the Service will meet your requirements;

    d) the pre-loaded content is accurate, complete, or current.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall [Your Company Name/Your Name], nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service (including pre-loaded content); and (iv) unauthorized access, use, or alteration of your transmissions or content (including locally stored User-Generated Content if your device is compromised), whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account/use, you may simply discontinue using the Service and uninstall the App. Uninstalling the App will remove locally stored data associated with the App from your device.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Germany], without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice prior to any new terms taking effect, which may be through the App or by posting on our website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

11. Contact Us

If you have any questions about these Terms, please contact us:

By email: [Your Contact Email Address]