1.1 CareerFoundry GmbH, c/o Factory Görlitzer Park, Lohmühlenstraße 65, 12435 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 155933 B (“CareerFoundry”) provides online courses on its website careerfoundry.com (“Website”).
1.2 These terms (“Terms”) apply to all services provided by CareerFoundry on its or through its Website (“Services”) to the person using the Services and who has accepted the Terms (hereafter referred to interchangeably as “User” or “Student”) unless otherwise noted in the Terms. The User may access the current version of the Terms at any time on the Website and may print, download and/or save it.
1.3 These Terms shall apply exclusively. Differing or contrary terms of the User do not apply, except if expressly agreed upon in writing by CareerFoundry.
2. Description of Services and Conclusion of Contract
2.1 (General) CareerFoundry has established several online learning programs, which have been designed to impart skills and knowledge to its Users to accelerate a future or ongoing career in the technology industry (each a “Program”, together the “Programs”). Each Program is scheduled for a fixed period of time. Once the User has enrolled in a Program, the course material will be accessible through the Website. If the User participates in an instructor-supported Program, they may schedule an online video call with a CareerFoundry mentor (“Mentor”) to discuss and clarify any open questions related to the Program at dedicated intervals depending on their chosen Program. They may also make written contact via the learning portal with a CareerFoundry Tutor (“Tutor”) to discuss course content. Selected assignments will be corrected by the Mentor or Tutor. The User can find a detailed service description of each Program on the Website.
2.2 (Booking of Programs) After the registration on the Website or logging into their account, the User may set up a meeting with a Career Specialist free of charge. If the User has decided to participate in a Program the booking can be made on the Website. The representation of the respective Programs on the Website represents a binding contract offer by CareerFoundry to its Users (“Offer”).
2.3 The User accepts the Offer by clicking the corresponding order button provided on the website (“Acceptance”). CareerFoundry notifies the User immediately that it has received their booking. Upon receiving the booking, CareerFoundry enables the User to have access to the booked Program on the agreed upon Program Start Date through the User's account.
2.4 Deviating from the provisions under Section 2.3 the following shall apply for the conclusion of contracts with Users, who have their place of residence in Germany: In order to conclude the contract, the User shall complete the contract form on the Website and print, sign and send the completed form via post to CareerFoundry GmbH, c/o Factory Görlitzer Park, Lohmühlenstraße 65, 12435 Berlin (“Written Acceptance”). CareerFoundry will send an acknowledgement of receipt to the User's email address. In the event of inconsistencies the provisions of the contract form shall take precedence over the provisions of these terms.
2.5 CareerFoundry's receipt of the Acceptance or the acknowledgement of receipt of the Written Acceptance, as the case may be, shall mark the point at which the contract between CareerFoundry and the User becomes binding.
2.6 Bookings placed by minors or persons of legal incapacity require the consent of the respective legal guardian and/or conservatorship.
2.7 Right of Refusal of Admission
CareerFoundry reserves the right to refuse to issue a contract for sale to prospective customers for reasons including but not limited to the following:
If the Program Advisor or any other member of the CareerFoundry team makes the decision to refuse to enrol a customer, this decision will be issued in writing and will be final.
3. Information on the Course Certificates
The certificates issued by CareerFoundry after the completion of a Program are internal certificates and do not have the aim to prepare the User for government or public examinations. CareerFoundry’s certificates expressly do not represent or substitute any form of state or state recognized certificate.
4.1 In order to use the Services, the User must register for an account on the Website (“Account”). The registration is free of charge. The User must provide accurate and complete information and keep the Account information updated.
4.2 The User is solely responsible for the activity that occurs on their Account. The User shall keep their login data (Username and password) confidential and prevent any unauthorized use by third parties. The User shall immediately inform CareerFoundry if there are indications that any third party is misusing his account.
4.3 The User may not use names or other personal data for their Account that could infringe the rights of any third party. CareerFoundry may restrict, block, or delete an Account if the User has given false information during the registration or if the User violates applicable laws, regulation or these Terms. When choosing one of the aforementioned measures, CareerFoundry will consider the impact of the false information, the legitimate interests of the User and the degree of responsibility.
4.4 The User may delete their Account at any time without providing a reason or notice, by sending an e-mail to datenschutz@careerfoundry.com. CareerFoundry advises the User that if they delete their Account, any unlocked course material will no longer be available to them through the Website.
5. Booking and Cancellation of Mentor Calls
If the User participates in a mentor-supported program or the Job Preparation Course and books a Mentor or Career Specialist call, the User shall book such call more than 48 hours in advance. If the User is no longer able to take such call, the User is required to cancel the booking no less than 24 hours prior to the booked call. If the booking is cancelled less than 24 hours in advance, the call shall be deemed as having taken place and will be deducted from the User’s allowance of calls.
The number of calls a User is entitled to depends on their specific program or course.
6. Payments and Billing Options
6.1 The course fees arise from the respective current price list at the time of conclusion of the contract, which is accessible on the Website at all times. The obligation to pay the course fee shall apply irrespective of whether the User uses the provided Services or not (without limiting the User's warranty rights).
6.2 CareerFoundry offers the possibility for cashless payment by way of the payment methods as indicated on the Website. CareerFoundry reserves the right to offer certain payment options to some Users and not to other Users.
6.3 The course fees can be paid in installments. The first installment is due on enrollment date, the second installment is due one month after the Program start date, and the following installments are due monthly beginning from the second installment date. If the User chooses to pay via bank transfer, the total course fee shall be due immediately after receipt of the invoice. Failure of the User to pay installments owed will result in the User losing access to the Program content.
6.4 Each Program allows access to mentoring for a fixed period of time. However, the User can extend the Program indefinitely (for as long as that Program is offered by CareerFoundry) by opting to continue to pay a monthly course extension fee towards the end of the chosen Program. The User can opt to continue paying the monthly course fees by purchasing the extensions themselves via the student platform, or reaching out to their Student Advisor. The User’s right to terminate the contract according to section 7 shall remain unaffected.
6.5 Only one promotional discount code may be used per order. The discount code will be applied to the total price of your payment plan or upfront payment.
6.6 CareerFoundry reserves the right to withdraw, amend, or cancel a discount offer at any time. This will not impact Users who have already enrolled with a discount code.
7. Contract Term, Refund Policy and Termination
7.1 The contract is entered into for the period booked by the User.
7.2 All Programs can be extended indefinitely for as long as the Program continues to be offered by CareerFoundry by opting to continue to pay the monthly extension fee for the chosen Program; see Section 6.4.
7.3 Beyond statutory requirements (see Section 8. of these Terms), CareerFoundry provides the User with a full refund if they withdraw within the first 14 days from the day of the Program start date (the “Refund Period”), i.e. CareerFoundry will not charge the User for services which have already been provided to him or her.
7.3.1 Cancellations in order to re-enrol
Under German law, Users must cancel their original enrolment in order to change courses, as a new invoice and payment record must be generated for the new sale.
If a User cancels their enrolment in order to change to a new Program or Course, they may only do so once (no further enrolment changes will be permitted).
7.4 The User may terminate the contract without reason at any time after the Program begins, except after completion of the Program. In the case of a termination of the contract any pending installments at the day of termination shall be canceled. This does not affect the right of the parties to issue a termination for good cause and it is irrespective of the right of withdrawal (see Section 8 of these Terms).
7.5 The termination of this contract according to section 7.3 or 7.4 shall require a written notification (a message to the Student Advisors via the in-platform messaging tool is sufficient) and shall become effective on the date of the receipt of such notification by the respective other party.
Users have the right to withdraw from this contract within 14 days from the day of the Program start date without giving a reason.
The withdrawal period will expire after 14 days from the day of the Program start date.
To exercise the right of withdrawal, the User must inform CareerFoundry (CareerFoundry GmbH, c/o Factory Görlitzer Park, Lohmühlenstraße 65, 12435 Berlin, +49 30 4849 2016, e-mail: cancellations@careerfoundry.com) of the User’s decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) or by using the Cancellation button found in the User’s Account Settings page. The User may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the User to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
Your right to withdraw expires, if CareerFoundry begins with the performance of the contract, after you have expressly agreed, that CareerFoundry begins with the performance of the contract before the withdrawal period had expired, and you have confirmed your knowledge about losing your right to withdraw from the contract by given such approval.
If the User withdraws from this contract within the time period given above, we shall reimburse to the User all payments received from User, including the costs of delivery (with the exception of the supplementary costs resulting from User’s choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about the User’s decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the User used for the initial transaction and the User will not incur any fees as a result of such reimbursement.
For Users who have paid for the course using a loan provider, CareerFoundry will initiate the refund as outlined above, including making the payment to the loan provider. From the point that CareerFoundry has initiated the refund with the provider, CareerFoundry is no longer responsible for the payment to the User and any fees they may incur via the third party loan provider, such as loan origination fees.
When the withdrawal has been processed by CareerFoundry, the User will lose access to the learning platform, student Slack workplace, and contact with their Tutor, Mentor or Career Specialist.
(complete and return this form only if you wish to withdraw from the contract)
To CareerFoundry GmbHc/o Factory Görlitzer Park, Lohmühlenstraße 65, 12435 Berlin
email: cancellations@careerfoundry.com
I hereby give notice that I withdraw from my contract of sale of the following course [COURSE NAME], commenced on [START DATE ].
Name of User,
Address of User,
Signature of User (only if this form is notified on paper),
Date
(*) Delete as appropriate
8.2 Right of CareerFoundry to Withdraw Students from Program
We reserve the right to withdraw Students from the program at any point. Reasons for withdrawal include but are not limited to:
The Programs are self-paced within a specified overall Program time to give Students the flexibility to work around their schedules. Time spent away from the course is the responsibility of the student and will not increase overall Program time. Individual courses or Programs cannot be paused or frozen during the Program period. Students will be responsible for making their scheduled payments during the Program and may not delay or pause their payments.
If the User has a subscription-based payment, the monthly subscription fee will be cancelled at the time of receipt of the cancellation request and User will not be charged in subsequent months, unless the User has completed the program in which case all outstanding installments must still be paid by the User. The first installment is non-refundable. Payment for the current month will not be refunded.
The User must observe all technical guidelines by CareerFoundry concerning the use of the Services to ensure an undisturbed operation of the Website and the Programs. Technical guidelines include access to a computer or similar device from which the website and course materials can be viewed, a stable internet connection and access to a video conferencing service such as Skype or Google Hangouts, to carry out mentor video calls.
10.1 The User may choose, upload and/or contribute content to the Service (“User Content”). The User represents and warrants that they have the right to upload the User Content to the Service and that the User Content does not and will not (i) violate any third party’s rights (including but not limited to patent rights, copyrights, trademarks, trade secrets or other intellectual property rights, (ii) contain material that is defamatory, slanderous, libelous, or obscene, portrays any person in a false light, constitutes an invasion of any right to privacy or an infringement of any right to publicity, or otherwise violates any rights of any third party or (iii) violates any applicable laws, regulations or these Terms.
10.2 CareerFoundry reserves the right to remove or disable access to any User Content at CareerFoundry’s sole discretion, in case that it comes to CareerFoundry’s attention that User Content violates third party rights, any applicable laws, regulations or these Terms. CareerFoundry may take these actions without prior notification to the User.
10.3 CareerFoundry is entitled but not obligated to save, publish and delete the User Content.
10.4 User Content added to the Career Support Center, including but not limited to the details of the job applications that the User adds to the job application tracker feature and the recordings produced with the interview practice tool may be made available to the User’s Career Specialist, Mentor or Specialist in order to assist the User in job search activities.
CareerFoundry grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by CareerFoundry on the Website (“Content”) solely for the purpose of using the Services and Programs. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of CareerFoundry.
The User agrees at their own expense, to indemnify, defend and hold inculpable CareerFoundry and its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorneys fees and costs) arising from or related to the User’s use or misuse of, or access to the Services, content, or otherwise from User Content, violation of these Terms, or infringement by the User, or any third party using their Account or identity in the Services, of any intellectual property or other right of any person or entity. CareerFoundry reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with CareerFoundry in asserting any available defenses.
The User acknowledges that the Services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party websites or resources on the Internet (collectively, the “Third-Party Services”). When the User accesses the Third-Party Services, he will do so at his own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between the User and the relevant third party, and not CareerFoundry. CareerFoundry makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by the User with any such third party.
CareerFoundry cannot warrant that the Programs and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.
15.1 CareerFoundry guarantees its Users that they will get a job in the field within 6 months after both the successful completion of the Program and the successful completion of the Job Preparation course, whichever is later (see 15.2) (the “Job Search Period”). Otherwise; CareerFoundry offers its Users a refund of 100% of the respective course fee from CareerFoundry provided the following requirements are fulfilled (the “Satisfaction Guarantee”). Section 15 does not apply to courses that are less than three months long.
User has successfully completed the mandatory requirements for graduation including:
15.2.6 Additional requirements
More Information on Applicable Metropolitan Areas:
To be eligible for the Satisfaction Guarantee, User must be resident in a metropolitan area with a population above 200,000 in the following countries for the duration of their Job Search Period:
We cannot guarantee remote work, part-time or freelance work. You must already have the right to work in the selected country.
CareerFoundry provides the User with information on how data is collected, processed and protected in CareerFoundry's Privacy Policy. For any questions or concerns regarding the protection of Users’ data, Users may contact our Data Protection Officer at datenschutz@careerfoundry.com.
17. Changes in the Terms of Services
17.1 CareerFoundry reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): CareerFoundry will notify the User on the respective amendments at least two weeks before the change comes into force via e-mail or in writing. The change is considered accepted by the User if he does not state otherwise within six weeks after receipt of the change notification. CareerFoundry will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case that the User objects, CareerFoundry is entitled to not accept future bookings of Programs by the User.
17.2 CareerFoundry is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the User does not have a worse economic position due to the new or changed conditions than according to the original condition.
18.1 These Terms shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. For contracts with an objective which cannot be mainly assigned to the User's professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
18.2 If the User is a merchant, a body corporate organized under public law or a special fund under public law, place of performance and place of exclusive jurisdiction shall be Berlin, Germany.
Within the reach of the German Distance Learning Protection Act (FernUSG), disputes arising from a course contract or regarding the existence of such a contract, the court shall have exclusive jurisdiction in which the User has their general place of jurisdiction. A different agreement shall be permitted if it is concluded explicitly and in writing after the dispute has arisen.
If the User moves their domicile or permanent place of residence out of the reach of the German Distance Learning Protection Act (FernUSG) after entering into the contract or if their domicile or habitual residence is not known at the time of filing an action, the place of jurisdiction is Berlin, Germany.
18.3 Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision shall be replaced by the respective legal regulation, where existent. If the regulation under this 18.3 would present unreasonable hardness for one party the contract in whole shall be invalid.
18.4 The contract language is English.
Students will have lifetime access to Program materials and any updates that are made after their graduation to the Program materials of the version of the Program in which they were enrolled. If a User cancels any part of a Program, User will lose access to all Program materials. Students will not be granted lifetime access to newer Programs or versions of Programs in which they were not originally enrolled. Materials may change over time as Exercises are modified, added, or removed. As such, it is the student’s responsibility to keep records of all personal work from the course. CareerFoundry reserves the right to remove access. CareerFoundry reserves the right to remove User access to Program materials.
Students enrolled in a career change Program (stated Program length of 6 or more months at 15 hours per week) can request read-only access to CareerFoundry’s library of equivalent career-change Programs (access to the material without a Mentor, Tutor, or staff support from CareerFoundry). This does not include access to Program specialization courses. Students must be enrolled, have made a tuition payment, and submitted at least 3 Tasks in their main Program immersive course before requesting access to the course library. Students can only request read-only access more than 14 days after their Program start date. Cancellation of the program or receipt of a refund voids read-only access to the course library. CareerFoundry reserves the right to remove User access to the course library.
CareerFoundry maintains a safe and learning-focused community for all students. Users agree to abide by the CareerFoundry communications policy, which forbids:
Users who violate the Communications Policy may be withdrawn from their Program. See Section 8.2.
Version: 1 December 2021