Terms of Use

1 General

‍LearningSuite GmbH, FN 556105b (hereinafter also referred to as the “Platform Operator”), has developed the LEARNINGSUITE platform (hereinafter also referred to as the “Platform”) and provides it to its contractual partners as an online learning platform. The Platform enables the contractual partner to create, design, and publish courses and services (hereinafter also referred to as “Content”) for its users.
The contractual partner is, in accordance with the agreement concluded between it and the Platform Operator, entitled to create accounts and thus grant individual users access to the Platform content created by the contractual partner or one of its users.
The contractual partner has undertaken to comply with these Terms of Use and to obligate its users to comply with the Terms of Use.
These Terms of Use apply to the use of the Platform by the contractual partner and by the respective users.

2 Obligations in the course of using the Platform

1. ‍‍The user undertakes to provide all information on the Platform truthfully and completely. The user may not use a false email address or impersonate any other person or entity.
2. The user shall ensure that they have a sufficiently fast and stable internet connection and, for the use of the Platform, have access to a common internet browser (an internet browser used by at least 1% of internet users) in its current version. The internet browser must have all updates installed and must support JavaScript.
3. The user shall keep the user accounts used by them as well as their identification and authentication features confidential, protect them from third parties, and not pass them on, sell, rent, or otherwise transfer or license them. When choosing identification and authentication features, the user shall ensure that they comply with the state of the art (e.g. length and complexity of a password).
4. The user shall be liable for any misuse or unauthorized use of the identification and authentication features if such misuse or unauthorized use is attributable to the user. Furthermore, upon becoming aware or having reason to be aware of misuse or unauthorized use of their identification and authentication features, the user must immediately report this to the Platform Operator.
5. Prior to transmitting data and content to the Platform, the user shall check them for viruses or malicious software. The transmission of infected data may lead to urgent maintenance work and thus to restrictions in availability and accessibility.
6. When using the Platform, the user must comply with all applicable laws and may not use the Platform in violation of applicable laws. In particular, the user is prohibited from infringing personal rights of third parties or violating intellectual property rights of third parties. The user is prohibited from transmitting content or data to the Platform that violate legal or other provisions with normative effect or official orders or infringe rights of third parties, in particular content that

• infringes trademark, design, copyright, or other rights of third parties;
• contains sexual content or pornography (however, non-sexual nudity is permitted);
• contains hateful, defamatory, or discriminatory content or incites hatred against a person or group;
• exploits minors;
• depicts illegal acts or extreme violence;
• contains depictions of animal cruelty or extreme violence against animals;
• promotes fraudulent or dubious business models; or
• violates public morals.

The user may not use any software or other techniques or procedures (e.g. execution of scripts) in connection with the use of the Platform that are capable of impairing the operation, security, or availability of the Platform. In particular, the user must ensure that no viruses or malicious software impair the operation of the Platform.
The creation, copying, or storage of content in the form of screenshots, screen recordings, videos, photos, or copies of any kind is prohibited for the cooperation partner. Excluded from this is the creation, copying, or storage of content for marketing or training purposes.
All content provided on the Platform, such as texts, logos, images/graphics, is the intellectual property of the Platform Operator or third parties. Without express written consent, users may not exploit this intellectual property or parts thereof, in particular not use it for their own commercial purposes. Furthermore, users may not use data mining, robots, or similar data collection and extraction programs to extract the intellectual property of the Platform Operator or parts thereof for reuse.

3 Legal consequences in the event of violation of these Terms of Use
If a user violates these Terms of Use, the Platform Operator is entitled to exclude the user from future use of the Platform. The Platform Operator is entitled to remove content that violates the Terms of Use from the Platform without further action.

4 Intellectual Property
It is clarified that the Platform as a whole and each individual part of the Platform is protected by copyright and that the Platform Operator holds a comprehensive and unrestricted right of use.
Any modification, decompilation, or other interference with the exploitation rights of the Platform Operator is prohibited to the user.

5 Indemnification and Liability
The user shall fully indemnify and hold harmless the Platform Operator against all claims arising from a culpable breach of these Terms of Use.
The Platform Operator shall only be liable for damages in all conceivable cases in the event of intent or gross negligence. Liability of the Platform Operator is excluded in cases of slight negligence. In cases of slight negligence, the Platform Operator shall only be liable for personal injury. This shall also apply mutatis mutandis to liability for the conduct of third parties engaged by the Platform Operator to fulfill contractual obligations.
The Platform Operator shall be liable for the breach of essential contractual obligations; in the case of slight negligence, compensation for damages is limited to the adequate, contract-typical, foreseeable damage, unless liability exists for personal injury.
For contractual partners, the limitation of liability agreed in the General Terms and Conditions (AGB) shall apply.

6 Confidentiality
The user undertakes to use all information, data, calculations, reports, and programs made available to them solely for the purpose of using the Platform and to otherwise keep them confidential. If business and/or trade secrets of the Platform Operator become known to the user, the user shall also maintain confidentiality with regard to these business and/or trade secrets. The user must also ensure that their employees or third parties who are granted access to the Platform by the user comply with this confidentiality obligation.

7 Moderation of Content
The Platform Operator offers its users the possibility to build a community area and to post or comment on content on the Platform.
In this respect, users are obliged to comply with the following provisions and, in particular, point 2.6.
Content uploaded and published by the user will be manually reviewed by the Platform Operator insofar as the Platform Operator has been made aware of any violations. In addition, random checks are carried out. However, the Platform Operator does not review all content uploaded to the Platform.
If the Platform Operator becomes aware that content may violate the rules set out in these Terms of Use, the respective content will be blocked immediately. Subsequently, the respective user will be contacted and asked to provide a statement.
After expiry of the period for response set in the respective communication, depending on the content to be reviewed, a decision on further action will be made based on the available information. The decision will be made on a case-by-case basis. The Platform Operator shall act carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights of users as enshrined in the Charter of Fundamental Rights of the EU, such as the right to freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms. Furthermore, the Platform Operator also considers the nature, intensity, specific conduct of the user, as well as their degree of fault. Depending on the legal assessment reached by the Platform Operator, the following measures may be taken:

• lifting the suspension;
• imposing restrictions on the display of certain individual information provided by the user, including removal of content, blocking access to content, or downgrading content;
• immediate termination of the contract for good cause;
• suspension or closure of the user’s account;
• suspension or termination of the provision of the service in whole or in part;
• submission of a corresponding report of facts to the competent authorities.

In any case, the user will be informed of the measures taken. Third parties will only be informed of a possible violation by the user if this appears legally permissible or required.
Reports regarding content that violates the rules described above may be submitted to us by anyone. Unless we are obliged to disclose the data of the reporting person, we will not pass on such personal data to third parties.

8 Reporting of violations / Contact point
In accordance with Art. 11 and 12 DAS, the Platform Operator has established the following contact point, which communicates in German and English:

LearningSuite FlexCo
Alte Poststraße 156
AT - 8020 Graz
+43 316 455 088
office@learningsuite.io

The reporting person must provide the Platform Operator with the following information in their report:

• a sufficiently substantiated explanation of why the reporting person considers the information in question to be illegal content;
• a clear indication of the exact electronic location of this information, such as the precise URL address or addresses, or, where necessary, additional relevant information to identify the illegal content;
• the name and email address of the reporting person, unless the information is presumed to relate to a criminal offense referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a statement that the reporting person is in good faith convinced that the information and allegations contained in the report are accurate and complete.

9 EU Consumer Dispute Resolution
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
The Platform Operator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10 Final Provisions
Austrian substantive law shall apply, excluding its conflict-of-law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
For all disputes arising from these Terms of Use, including the question of the valid conclusion of the contract and its pre- and post-effects, the exclusive jurisdiction of the competent court in Graz, 1st district, is agreed. The German Version of this document shall prevail.

The English version serves information purposes only. The German version can be found here: https://learningsuite.io/legal/nutzungsbedingungen 

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