Testimonial Agreement

1 PARTIES

This Testimonial Agreement (“Agreement”) is entered into by and between:
(a) TechClass Oy, Business ID 2837636-8, Sinikantie 2 B, 01400 Vantaa, Finland (”TechClass”), and
(b) The person who accepted this Agreement by clicking the acceptance or otherwise (“You”)

2 PURPOSE OF THE AGREEMENT AND CERTAIN DEFINITIONS

2.1 You and TechClass agree in this Agreement on:
(a) testimonials, texts, interviews, photographs, video, footage, audio and other records and content in which You are interviewed or in which You otherwise appear, present or speak or in which Your comments appear and/or which You provide to TechClass,
and which may be used by TechClass in marketing and public relations, for example as part of the success stories and testimonials TechClass publishes and distributes.
2.2 Content provided by You means:
(a) the testimonials, texts, interviews, photographs, video, footage, audio and other records and content You have agreed to provide to TechClass, as agreed between TechClass and You.
2.3 Content prepared by TechClass means:
(a) the testimonials, texts, interviews, photographs, video, footage, audio and other records and content that that TechClass records, films and otherwise prepares and in which You are interviewed or in which You otherwise appear, present or speak or in which Your comments appear.
2.4 The content provided by You (Section 2.2) and the content prepared by TechClass (Section 2.3) are referred together and separately as “Content”.
2.5 You warrant: (i) You have yourself and alone produced the content provided by You, and no other person or third party has participated in its production, (ii) no other person or a third party has rights or privacy rights in the content provided by You and (iii) and You are at least 18 years old.

3 RIGHTS IN CONTENT

3.1 TechClass owns title and sole and exclusive intellectual property rights in and to the Content.
The term “intellectual property rights” means copyrights, rights related to copyrights and rights in designs, and all other intellectual and industrial property rights, and includes, without limitation, a sub-licensable right to change, crop, amend and otherwise edit the Content.
3.2 TechClass may publish and distribute the Content (as such or as edited or combined with other materials and content) in marketing and public relations, as part of its success stories and testimonials or otherwise, including but not limited to on its and its partners’ websites and in marketing platforms, social media and publications and for promotional purposes related to TechClass’ online education system and educational services.
3.3 TechClass’ rights according to this Agreement are irrevocable and not subject to rescission or termination, subject to Section 4.2 (Revocation request).
3.4 TechClass has no control over and is not liable for how third parties use the Content when the Content has been published or distributed.
3.5 Right to use feedback. TechClass may use freely, free of charge, perpetually and irrevocably, in its product, service and business development and otherwise, the ideas, feedback, comments and opinions given by the You regarding TechClass’ products, services and business.

4 TECHCLASS’ CONTACT INFORMATION; REVOCATION REQUEST

4.1 If You have any questions regarding any aspect of this Agreement, please reach out to TechClass via email: support@techclass.com, which is the single point of contact to You.
4.2 Revocation request. You have the right to request the future publication and distribution of the Content by submitting the request to: support@techclass.com. The revocation based on this request will not affect any action TechClass took in reliance on this Agreement before acting on your request. TechClass cannot either remove Content already published by or distributed to third parties. TechClass may also retain copies of the Content for legal and compliance verification purposes.

5 MISCELLANEOUS

5.1 Subject to mandatory law, TechClass’ total aggregate liability under this Agreement is limited to € 100, unless caused by TechClass’ gross negligence or intentional act.
5.2 The Legal basis of TechClass’ processing of personal under this Agreement is this Agreement.
5.3 TechClass may assign the Agreement to a third party in the event of the transfer of its business operations or part thereof, mergers, demergers, acquisitions, or in the event of any other M&A transaction. The Agreement constitutes the complete agreement between You and TechClass with respect to the subject matter of the Agreement.
5.4 The Agreement is construed in accordance with the laws of Finland, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled in a Finnish district court that is entitled to give a judgement on the matter. Also, You and TechClass are entitled to seek equitable and/or injunctive relief, in any court of law.