Seduo product terms for clients

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Seduo product terms for Clients

INTRODUCTORY PROVISIONS

1.1 LMC (as defined below), issues the following Product Terms for Clients governing other terms of use of the LMC Electronic System – Seduo by Clients and the provision of related Services to Clients (“Product Terms”).

1.2 In the countries mentioned below, the LMC Electronic System – Seduo and related Services are to be provided the Clients by relevant company (“LMC”), as follows:

(a) in the case of Agreements concluded for the use of LMC Electronic System – Seduo for Clients or the provision of related Services to Clients in the form specified by LMC for the Czech Republic, as well as if it is designated as a provider in the Agreement:

LMC s.r.o., a limited liability company with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, the Czech Republic, ID No. 26441381, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 82484.

(b) in the case of Agreements concluded for the use of LMC Electronic Systems or the provision of Services in the form specified by LMC for the Republic of Poland, as well as if it is designated as a provider in the Agreement:

LMC POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, address: BL Astoria, Przeskok 2, 00-032 Warsaw, the Republic of Poland, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Registry Court under entry no. KRS 0000988078, NIP 5252920122, REGON: 522873400, with the share capital in the amount of PLN 300.000.

(c) In the case of Agreements concluded for the use of LMC Electronic System – Seduo for Clients or the provision of related Services to Clients in the form specified by LMC for the Slovak Republic, as well as if it is designated as a provider in the Agreement:

Profesia spol. s r.o., a limited liability company with its registered office at Bratislava - Staré Mesto, Pribinova 19, Postcode 811 09, the Slovak Republic, ID NO: 35 800 861, entered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, Insert 22949/B.

1.3 The contractual matters between LMC and the Client not expressly stipulated in these Product Terms are governed by the provisions of the applicable laws and regulations and the LMC General Terms and Conditions for Businesses (“GTC“) available at

(a) https://www.lmc.eu/cs/vseobecne-obchodni-podminky if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) https://www.lmc.eu/pl/ogolne-warunki-handlowe if the Agreement was concluded with LMC with its registered office in the Republic of Poland,

(c) https://www.lmc.eu/sk/vseobecne-obchodne-podmienky if the Agreement was concluded with LMC with its registered office in the Slovak Republic.

1.4 In the event of any discrepancy between these Product Terms and the GTC, the present Product Terms shall prevail.

1.5 An informative English translation of GTC is available at https://www.lmc.eu/en/general-terms-conditions. In case of discrepancies between the English version and the language version according to Article 1.3 of these Product Terms, the relevant language version according to Article 1.3 of these Product Terms shall prevail.

2. DEFINITIONS OF THE TERMS USED

2.1 The terms used in these Product Terms have the following meaning:

(a) Administrator Account: a User Account that is also authorized to manage the use of the Services, in particular the removal and addition of Users.

(b) Client Profile: a summary of Client’s identification data for display in the LMC Electronic System – Seduo, created and managed by LMC for the purpose of providing the Services to the Client.

(c) LMS: a learning management system, i.e. an information system used for organization and administration of education to which the Client has sufficient usage rights;

(d) User: an individual in a contractual relationship with the Client (usually the Client’s employee or the person otherwise cooperating with the Client, for example, on the basis of a service agreement, assignment contract, etc.) and using the LMC Electronic System – Seduo via the User Account or via LMS.

(e) User Account: an environment within the LMC Electronic system that enables the User to use the Services.

2.2 Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC.

3. SERVICE DESCRIPTION

3.1 Seduo is an online educational platform containing courses which are accompanied by tests or other forms of verification of the User’s knowledge. The courses are usually structured in individual lessons and end with a test or a quiz. Some parts of the Seduo platform are accessible for free (usually an introductory lesson of a course) but some parts (including the full courses etc.) are accessible only subject to a payment of a fee.

3.2 Based on the Agreement, the Client is granted an access to the content Seduo platform in the scope (usually as number of User licences) and for the period set out in the Agreement.

3.3 By concluding the Agreement, the Client declares it acts in connection with its business activities.

4. COMMENCEMENT OF SERVICES

4.1 An order form is issued by LMC a provided to the Client upon a request. An order for Services may be placed in a documentary or electronic form and must include at least:

(a) The requested specification of the Services;

(b) The term of providing the Services.

4.2 The order of the Services shall be binding for the Client as of its delivery to LMC.

4.3 Providing the Services will be initiated by LMC within the term specified in the Agreement.

5. CLIENT’S OBLIGATIONS

5.1 The Client is obliged to have his/her Client Profile for use of the Service.

5.2 LMC will create as many Administrator Accounts or User Accounts as needed by the Client. Creating the Administrator account or User Account is possible through registration via a link in the confirmation e-mail sent by LMC to the Client or otherwise as agreed by the Parties. The Client is required to provide LMC with contact details for creating the Administrator Account and a list of e-mail addresses and other data of the Users to be allowed to use the Services.

5.3 The Client declares and undertakes to ensure that:

(a) LMC is entitled to handle the e-mail addresses and other contact details of the Users sent to LMC by the Client or uploaded via the Administrator Account within the performance of the Agreement and in accordance with the applicable laws and regulations;

(b) The Client will comply with all provisions of applicable laws and regulations when handling e-mail addresses and other User data.

5.4 The Parties agree that the Client may cancel their Client Profile or the Administrator Account in the LMC Electronic System – Seduo at any time free of charge by contacting support at

(a) pomuzeme@seduo.cz if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) pomoc@seduo.pl if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

5.5 Cancelling the Client Profile will result in:

(a) Anonymizing the data of the Administrator Account in the LMC Electronic System – Seduo;

(b) Anonymizing the User Accounts of all Users using the Services;

(c) Terminating the processing of personal data of the authorized individuals of the Client and Users for the purpose of using the LMC Electronic system – Seduo;

(d) Terminating the Agreement without claim for compensation.

5.6 Cancelling the Administrator Account shall mean the Administrator Account will change to a regular User Account.

6. AVAILABILITY OF THE SERVICES TO THE USER AND COPYRIGHT

6.1 The Client acknowledges that the Services may be provided to the User only under the following terms, which the Client undertakes to fulfil:

(a) Using the Services is enabled to the Users based on successful registration and creation of a User Account.

(b) Prior to using the LMC Electronic System – Seduo, the User is required to complete their registration via a link in the e-mail invitation sent by LMC.

(c) Prior to creating the User Account, the User is required to grant consent to the “Terms of Use of Seduo for Users” and adhere to these terms, including any updates of such terms issued by LMC.

(d) If the password to the User Account gets lost, it may be renewed via a User’s request sent to LMC by means of sending the hyperlink for restoring the password on the User’s e-mail address.

(e) The User is entitled to use the Services from the date of registration to the LMC Electronic System – Seduo until the expiry of the Agreement or the agreed term of providing the Services, unless the Client Profile or the relevant User Account has been cancelled earlier.

(f) The Client and the Users are entitled to use the Services exclusively within the scope of the Agreement only for their own needs and for the fulfilment of the Client’s needs.

(g) Using the LMC Electronic System – Seduo, or the Services or their parts is always allowed only to a particular User, who may not share their login data (non-transferable licence). The Client may remove the User from the Client Profile (thereby cancelling their User Account) and replace the User with the new User free of charge only if the User has not begun to use the Services during the term of the Agreement or if the relationship between the Client and the User was terminated; in other cases, the standard pricing terms for adding the User will apply.

(h) The User may repeatedly view the content of the Service via the LMC Electronic System – Seduo, yet neither the User nor the Client is allowed to download the content of the Service (field of exploitation).

6.2 LMC will make the Services available to Users without limiting the number of viewings of each lesson and without limiting the number of taking final tests and quizzes.

6.3 LMC is entitled to send e-mail and other notices related to the provision and use of the Services to User Accounts as well as to Administrator Accounts.

6.4 The whole content of the LMC Electronic System – Seduo is protected by copyright laws and regulations and other intellectual property rights, and LMC is the exclusive holder of these rights, or they belong to the licence provider, as the case may be. Granting access to the Service to the Client or the User does not provide any rights associated with capturing, displaying, reproducing and disseminating the form, image, representations, or image and sound records concerning the person (persons) acting within the digital content made available within the Services, nor the name, surname, or academic degree, including the processing and incorporation into an audiovisual work or for any other marketing purposes. Any such use is allowed only with the express consent of the authorised persons or in accordance with the applicable laws and regulations.

6.5 The Client must not allow the User to use the LMC Electronic System – Seduo or its part otherwise than for their own needs or for the internal needs of the Client. In particular, the User must not use the LMC Electronic System – Seduo or any part thereof by means of dissemination or copying or for further technical processing without a consent demonstrably granted by LMC. The Clients or Users are also prohibited from tampering in any way with the technical means or contents of the LMC Electronic System – Seduo.

6.6 In the event of a breach of the above terms, LMC is entitled to suspend or discontinue, as well as otherwise prevent access to the Service to the relevant User (including data deletion). In such cases, the Client is not entitled to any compensation from LMC.

6.7 The User Account and related data is kept with LMC for a period up to 3 years from the termination of the last Agreement on provision of the Seduo Service in order to allow the Client to access historical data if a new Agreement is concluded during this period and to allow Users to access certain historical data and to download acquired certificates. LMC will anonymize such data after the expiration of this period. The same period applies to data processed during the performance under Article 7 below.

7. CONNECTING LMS TO SEDUO

7.1 If LMC and the Client agree to use the Seduo Service in the agreed extent through the LMS of the Client, these Product Terms and Conditions shall apply, unless otherwise stipulated in this Article 7. Articles 5 and 6.1(a) to 6.1(e) of the Product Conditions shall not apply in these cases. Otherwise Article 6 shall apply, with the reference to the LMC – Seduo Electronic System also meaning a reference to access to Seduo through the LMS of the Client, or the content of Seduo. A Client Profile, User Account or Administrator Account is not created, but the other provisions of these Product Terms and Conditions shall apply mutatis mutandis to the assignment of licenses within the LMS of the Client.

7.2 The use of the Seduo service through the LMS of the Client may require prior Client’s cooperation comprising of an integration of so-called SCORM packages and a connection of the Client’s LMS to Seduo according to the instructions of LMC. The Client’s LMS must send at least the LMS USER ID parameter to Seduo. Failure to provide cooperation by the Client does not affect the entitlement to payment of the price under the Contract. The Client is solely responsible for the LMS modifications and the functionality of the connection to Seduo.

7.3 LMC records the number of used user licenses. Assigning a user license to a specific User is the responsibility of the Client. The Seduo Service is made available to the User to the extent specified in the Contract based on User’s access to the Client’s LMS that is connected to Seduo; at the moment of making Seduo available to the User, the user license is used.

7.4 The Client is responsible for ensuring that all Users comply with the Seduo Product Terms for Users, which are available on

(a) https://www.lmc.eu/cs/podminky-pouzivani-sluzeb/specificke-podminky/seduo if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) https://www.lmc.eu/pl/warunki-korzystania-z-uslug/szczegolowe-warunki/seduo if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

(c) https://www.lmc.eu/sk/podmienky-pouzivania-sluzieb/specificke-podmienky/seduo if the Agreement was concluded with LMC with its registered office in the Slovak Republic.

The User is entitled to use the Services from the date of making it available by LMC and no later than until the expiration of the Agreement or the agreed period of provision of Services, unless access is restricted by the Client earlier.

7.6 LMC is entitled to send e-mail and other notifications related to the provision and use of Services to the contact details obtained during the conclusion of the Agreement.

7.7 The minimum technical requirements for the use of the Services by the Client under this Article 7 include a LMS compatible with the SCORM 1.2 and SCORM 2004 standards. The usability of the Services depends on the specific solution of the LMS and the technical equipment of the Client, and therefore LMC is not responsible for the usability of the Services by the Users.

8. COMPLAINT PROCEDURE

8.1 The scope of the Services provided set forth in the Agreement applies until LMC discontinues the operation of the LMC Electronic System – Seduo or provision of the Service (or an online course in question). However, the User will have the right to use the Service (or an online course in question) at least for the term of the Agreement (usually at least twelve (12) months from the effective date of the Agreement).

8.2 If the Service does not have specified properties, the Client shall notify LMC, which may, at the Client’s request, grant access to new Services free of any defects to the Users, unless it is unreasonable due to the nature of the defect. If the defect affects only a portion of the Service, the Client may only request a new access to any such portion of the Service. If the Client fails to notify a defect without undue delay after it could have been detected as a result of timely inspection or due care (especially once the defect concerned has been reported by the User), the Client may be denied the right arising from defective performance.

8.3 LMC accepts complaints at:

(a) pomuzeme@seduo.cz if the Agreement was concluded with LMC with its registered office in the Czech Republic.

(b) pomoc@seduo.pl if the Agreement was concluded with LMC with its registered office in the Republic of Poland.

8.4 LMC resolves any complains within 30 days.

9. FINAL PROVISIONS

9.1 To the extent that the Service is provided by LMC with its registered office in the Republic of Poland, these Product Terms constitute terms and conditions for provision of services by electronic means within the meaning of the Act of 18 July 2002 on provision of services by electronic means.

9.2 The types and scope of Services provided by electronic means by LMC to the Client are defined in the GTC.

9.3 The agreement for the provision of electronic services is concluded for the period indicated in Article 6.1(e) of these Product Terms and may be terminated by the Client in the cases indicated in Article 5.4 of these Product Terms or article 12 of the GTC.

9.4 It is forbidden for the Client or the User to provide unlawful content.

9.5 In order to be able to utilize the Services, the User needs to dispose of equipment and a system meeting the following technical requirements:

Computers, mobile phones or tablets:

(a) a computer with a web browser with cookies, local storage and JavaScript language interpreter enabled;

(b) one of the most used web browsers in their latest released major version (e.g. Chrome 107.x.xxxx.xx) or previous major version of that browser.

Smartphones (mobile application):

(a) a mobile phone with iOS or Android operating systems (latest released major version or up to 3 years old version of the operating system);

(b) an Internet connection.

9.6 Legacy software and hardware not meeting requirements under Article 9.5 may be able to be used to utilize the Services but in that event LMC shall not be liable for the unavailability or the performance of the Services.

9.7 These Product Terms are valid and effective as of

(a) 1. 1. 2023 for Agreements concluded with LMC with its registered office in the Czech Republic.

(b) 1. 1. 2023 for Agreements concluded with LMC with its registered office in the Republic of Poland.