Termeni și condiții
HIGH-TECH SYSTEMS & SOFTWARE SRL, with registered office in Bucharest, Bd. Bucurestii Noi, nr. 25A, Sector 1, registered at the Trade Register Office attached to the Bucharest Law Court under nr. J40/4847/2012, Tax Identification Number RO 30126940 (“HTSS” or “the Company”) is the owner and developer of the website https://ro.mindclass.eu („the Site”) and of the application Mindclass by HTSS, accesible at https://elearning.htss.ro/ (the „Mindclass App”)
https://ro.mindclass.eu is a webpage dedicated to promoting HTSS and the Mindclass App(an e-learning solution dedicated to companies, to be used within their organisation, to provide training opportunities, skilling plans and courses for their employees), and can be accesed by browser on desktop, laptop, mobile phone and other electronic devices that can sustain an internet connection.
1.1. USER: a natural person, aged at least 16 years old at the time of accessing, who complies with the legal provisions in force regarding the use of information society services (please see the general provisions of art. 8 GDPR) who access the Site, without creating any obligation and without gaining any access to the Mindclass App. The User understands that Mindclass App is dedicated solely to companies and any accessing or use of the contact data and Contact Form will be made in the name of a company. HTSS is not obliged to answer to any request that doe not come from a User acting for a company.
1.2. SERVICES: represents all the functionalities made available to the User through the Site, including, but not limited to, accessing the dedicated pages and sections of the Site, the possibility of creating a demo account for Mindclass App, the possibility to contact the Company to obtain more information about Mindclass App.
1.3. PARTNER: the legal or natural person authorized or in another permitted form of organization, contractual partner of the HTSS, the details of which are displayed in the dedicated section.
1.4. PERSONAL DATA: any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identification element, such as a name, an identification number, location data, an online identifier, or to one or more specific elements, belonging to their own physical, physiological, genetic, mental, economic, cultural or social identities, within the meaning of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR”).
1.5. CONTENT: (a) all information on the Site that may be visited, viewed or otherwise accessed through the use of an electronic device; (b) the content of any email received by the User from an employee or collaborator in connection with the Site/Mindcalss App and all that is implied thereby, by electronic means and/or any other available means of communication; (c) information related to Site and Services; (d) data related to HTSS, the Site or its other privileged data.
1.6. CONTACT FORM: an electronic mean through which the User can contact HTSS to receive supplementary details regarding Mindclass App.
2. STATEMENTS AND LIMITATIONS
2.1. Access to and use of the Site constitutes the User’s acknowledgement and acceptance of these terms of service.
2.2. HTSS will constantly and accurately update on the Site the Services data and any other information it deems necessary or useful.
2.3. The User understands that HTSS has the right to modify at any time the content of the Site without any prior notice and that HTSS cannot be held responsible for damages caused as a result of such modification.
2.4. The Users will have permanent access to the terms of service of the Site in order to consult them at any time. The Users have the obligation to constantly access and check the content of this document, the applicable version of this document being the one published on the Site on the date to which the User refers to.
2.5. Under no circumstances may the Site be used for any purpose other than the one stated herein. The User understands and agrees that they will not interfere in any way with the Site in order to make unauthorised modifications/changes. Any such intervention represents a violation of the civil and criminal provisions in force, and the User is fully responsible for any damage caused.
2.6. The Site may make reference to subdomains/other web pages of HTSS or its Partners/external pages, the User having the obligation to check and become aware of the policies applicable to these subdomains/other web pages.
2.7. The User understands that HTSS has no obligation to verify, act and is not responsible for:
the correctness or veracity of the data submitted by the User accessing the Site and/or expressing the option to purchase or receive a demo of the Mindclass App;
the content that is accessed by the User through the Site;
the effect of the Site and Services on the User;
the interpretation or use by the User of the content of the Site and/or Services;
the actions the User takes as a result of accessing content on the Site or as a result of using the Services;
the content or accuracy, copyright compliance, legality or decency of the material/information found on the links to other pages of the Site.
2.8. HTSS may, without any further notice or formality and without this requiring an explanation of its attitude, suspend or block the User’s access to the content of the Site or part of this content, without owing the User any explanation or any compensation.
2.9. The Website is made available to Users “as is”, “with all faults” and “as available”. The Company does not expressly or implicitly guarantee the Site or the Services. The Services offered do not benefit from and do not give rise to any warranty, including any marketing warranties, satisfactory quality, fitness for a particular purpose or need. HTSS does not warrant that the result that may be obtained from the use of the Services will fall within the User’s requirements.
2.10. HTSS does not assume responsibility for interruptions in the functioning of the Site in order to carry out improvements, to maintain an optimal state of operation, the lack of operation of the internet or other situations in which the Site cannot be accessed due to technical errors that are not under the Company’s control.
2.11. HTSS shall not be liable for any indirect, special, incidental or consequential damages resulting from the use of, or the inability to use, the Site.
3. PERSONAL DATA
4. INTELLECTUAL PROPERTY RIGHT
4.1. The content of the Site, including but not limited to text, logos, stylized representations, buttons, commercial symbols, static images, dynamic images, multimedia content, software and other data, as defined in the definitions section above, is and remains the property of HTSS and/or its Partners and is protected by Law no. 8/1996 regarding copyright and related rights, with subsequent amendments and completions`, Law no. 84/1998 on trademarks and geographical indications, with subsequent amendments and completions, and Law no. 129/1992 regarding industrial designs and models, republished, as well as the Berne Convention and EU Directive 2019/790 regarding copyright and related rights in the digital single market, and any other high national and European provisions ensuring the protection of intellectual property and copyright.
4.2. User is not allowed to copy, distribute, publish, transfer to itself or third parties, modify and/or otherwise alter, use, link to, display, intervene in, manipulate, disassemble, reverse compile, reverse engineer, extract, replace, create derivative works from, or perform any other similar acts on sub-assemblies/embedded programs/software or Content, in general, the inclusion of any content outside the Site, the removal of the insignia that signify the copyright of HTSS and/or the Partners on the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of HTSS and/or the Partners.
4.3. Any use of the Content for purposes other than those expressly permitted herein is prohibited. The User understands and agrees that any use of the Content for purposes other than those permitted herein constitutes a violation of the legal provisions in force and shall give rise to civil, contravention and/or criminal liability.
4.4. If the User identifies any of the above actions, the User may contact HTSS at the e-mail address: email@example.com.
5. APPLICABLE LAW AND DISPUTE RESOLUTION
5.1. The use of the Site and the Services are governed by the Romanian law, which is supplemented where necessary by applicable European legislation.
5.2. Any dispute arising from the use of the Site shall be settled amicably, evidenced by written submissions. If the parties do not reach an agreement, within a maximum of 60 days from the occurrence, the dispute shall be definitively settled by the competent Romanian courts at HTSS headquarters.
ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF ANOTHER USER OR TO MODIFY THE CONTENT OF THE SITE OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE SITE RUNS SHALL BE CONSIDERED AN ATTEMPT TO COMMIT FRAUD AND WILL LEAD TO THE INITIATION OF CRIMINAL
II. Mindclass by HTSS
This document presents the terms under which one can access and use Mindclass by HTSS, (“Mindclass App”), a SaaS (Software as a Service) software application, provided “as is”, managed by HTSS.
Mindclass App is dedicated to companies to support them in their effort to provide training opportunities, skilling plans and courses for their employees.
Access to Mindclass App is available for a regular fee that a Client may have to pay in order to use the features and services of Mindclass App. Based on the agreement with the Company, the Client can benefit of one or more of Mindclass App features.
The Company has the right to modify the content of this document at any time, the latest version can be consulted at any time by accessing the dedicated section, the applicable version of this document being the one published at the date of reporting. If one does not agree with the modified Terms of Service, one may at any time stop using Mindclass App. Continuing to use Mindclass App after the modification of the Terms of Service leads to the implicit acceptance of the Terms of Service as modified.
Any reference to the singular also includes the plural and vice versa.
2.1. Client: a legal entity who wishes to benefit from the features of Mindclass App for a fee; details regarding fees and invoice are detailed below. The Client will have a general account and account of the Users will be attached to this general account.
2.2. Client Representative: representative of the Client with administrative rights in Mindclass App, who can add, edit and manage data regarding the organization, its divisions, create and add users, manage the e-learning content available for the Client etc.
2.3. User(s) and User Account: individuals, employee(s) or end customers of the Client for whom the Client Representative has created an account on Mindclass App. Users’ access to Mindclass App depends on the relationship between the Client and the User, the Company having no control over what Users the Client decides to enrol on its general account. The Users benefit from the e-learning content selected/uploaded by the Client, some may be mandatory and other optional, the User account may be interconnected to the Client’s internal applications. A Client Representative is a User, the vice versa not being applicable.
2.4. Dashboard section of Mindclass App that allows Client Representatives and Users to access, modify, update their Profile (personal and professional data), to view the grades received, messages and to set the preference for the view of Mindclass App for themselves or to log out from the Mindclass App (the log out will be performed automatically by the app if the User is in inactivity for a period of time).
2.6. Services: all features of Mindclass App that the Company may now or in the future make available to its Clients. Depending on the type of access, some Services may not be available to Client or to some Users and/or Clients’ Representatives.
2.7. Content: (a) all information on Mindclass App that can be visited, viewed or otherwise accessed; (b) the contents of any e-mail sent to the User / Client Representative by a Mindclass App representative, by electronic means and / or any other available means of communication; (c) any information communicated to the User / Client Representative by any means by a Mindclass App representative, in accordance with the contact information provided by the User / Client’s Representative; (d) information related to Clients, their Representatives, Users, Services, campaigns, tariffs charged by the Company and / or by a third party with which the Company has concluded partnership agreements, during a certain period; (f) data relating to the Company, Mindclass App or other privileged data thereof.
2.8. Feedback: An evaluation based on personal experience regarding Mindclass App or the Content submitted by the Client, the Client Representative, the User via e-mail or via the dedicated section in Mindclass App.
2.10. Misuse: the use of Mindclass App in a manner contrary to Mindclass App’s rules, the practice in the field, the regulations and the legislation in force or any other way that may cause damage to the Company and / or its collaborators and / or to Client, Client Representatives and / or Users. Apart from termination of the Agreement, the misuse may attract civil or criminal liability of the person / persons responsible. Misuse includes using Mindclass in a manner non-compliant with the legislation in force, the publication of obscene, defamatory, threatening or malicious feedback / messages to the Company/Users and materials or information prohibited by applicable law.
3. Service with Mindclass App
3.1. General access
3.1.1. Mindclass App is a paid Business to Business (B2B) service, accessible from most electronic devices that have a web browser and a stable internet connection. Mindclass App is also accessible as a mobile app from mobile devices running on Android or iOS .
3.1.2. Access to Mindclass App and to its Services is granted only to those Clients who meet the requirements described by the Company in its materials. Once a Client gains access to Mindclass App it must create an account using the data of the Client Representative, who will have the possibility to add Users and determine their rights of access.
3.1.3. Demo accounts & Free Trials: The Company can decide at ant time to provide free access to Mindclass App to Clients for a limited period of time (demo accounts) or to not charge the Client for a period of time (free trail). These does not imply that the Client/Client Representatives/Users shall not be obliged to agree and follow the Terms of Service, all obligations herein being applicable in full. At the end of the free trial if the Client does not decide to continue using Mindclass App and pay the correspondent Fee, the access to Mindclass App will be terminated automatically.
3.2. Conditions for the Client
3.2.1. In order to become a Client, an organisation must comply with the following conditions:
To be a legally registered entity that can provide proof of registration with its national authorities, as well as proof that it has all the required permits for its activities, if requested;
To pay the required fees, in the conditions described in this document and as agreed with the Company;
To use a device capable of running Mindclass App;
To provide real data when registering and to act in good faith in relation to the Company;
3.2.2. In order to be a Client of Mindclass App, an organization must follow these steps:
To pay the fees, as per the instructions in this document and as agreed with the Company and to appoint a Client Representative who will register with Mindclass App;
To register on Mindclass App once it is informed that registration is possible. The registration procedure consists of filling in the data required by Mindclass App, creating a password and confirming the account (via e-mail). For registration the following personal data is required: (i) e-mail address; (ii) first and last name; (iii) Client;
The Company has the right to request additional information or personal data in order to make sure that a Client meets the Company’s criteria for membership.
3.3. Fee and Invoice
1. Since Mindclass App is a B2B service, its Services are made available for a fee, its value depending on the type of access requested by the Client (the “Fee”). The Company and the Client will determine the type of access, applicable Fee, terms and conditions regarding invoicing and payment by concluding a separate agreement.
3.4. Termination of access to Mindclass App:
3.5. Role and access for Client Representative:
3.5.1. The Client Representative acts on behalf of the Client in Mindclass App and may be granted full access to the Services, which may include the following actions:
Fill in and edit information regarding the Client (which may include, but is not limited to: name, area of business, type of e-learning courses);
Assign courses to users based on product features/specialities;
Create new content in the form of courses;
Establish means of testing for the courses followed by Users;
Use Mindclass App to determine the degree of completion for courses assigned to Users.
3.6. Role and access for Users:
3.6.1. Users may be granted a limited access to the Services, which may include the following actions:
View Assigned courses;
Complete courses and assignments;
Consult personal course results;
Provide feedback regarding Mindclass App;
Chat with other users.
4. Mindclass App“Dos and Don’ts”
4.1. Dos: You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, labour laws and regulatory requirements.
Provide accurate information to us and keep it updated.
Use real data regarding the Client, Client Representatives, Users; and
Professionally use the Services and have a proper, civilised conduct on Mindclass App.
4.2. Don’ts: You agree that you will not:
Create a false identity on Mindclass App, misrepresent your identity, create a profile for anyone other than yourself (a real person) or Users, if you have the authority, or use or attempt to use another’s account;
Use Mindclass App and its Services in order to evade applicable legislation regarding the Users and its personal data (e.g. force the Users into unwanted / unlawful actions; use the Services to evade paying bonuses or to make it difficult / impossible to Users to achieve goals / targets; exercise abusive control over the Users and or the personal data etc.);
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of the Company;
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;.
Violate the intellectual property or other rights of Mindclass App, including, without limitation, (i) copying or distributing the Services or (ii) copying or distributing our technology, unless it is released under open-source licenses.
Post anything that contains software viruses, worms, or any other harmful code.
Imply or state that you are affiliated with or endorsed by Mindclass App or the Company without the Company’s express consent (e.g., representing yourself as an accredited Mindclass App representative).
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without the Company’s consent.
Deep link to features and contents available on Mindclass App without the Company’s consent.
Use bots or other automated methods to access the Services, add or download contacts, send, or redirect messages.
Monitor the Services’ availability, performance, or functionality for any competitive purpose.
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, harmful algorithms);
5. Intellectual Property Rights
5.1. THE COMPANY DOES NOT HAVE ACCES TO THE DATA UPLODED ON Mindclass App by a Client/Cliet Representative/User, ANY INTERVETION FOR SERVICE PURPOSES WILL BE MADE ONLY IF ALLOWED BY THE CLIENT.
5.2. NO content existing on Mindclass App can be downloaded without Mindclass App’s prior consent, with the exception of content owned by the Client and/or Users (e.g., e-learning courses developed or purchased by Client).
5.3. You acknowledge and agree that Mindclass App may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on Mindclass App, including any of its Content, in whole or in part, except that the foregoing does not apply to the Client’s own content that they legally upload to Mindclass App.
5.4. You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If access to Mindclass App is blocked by the Company (including by blocking the IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking the IP address or using a proxy IP address).
5.5. Any use of Mindclass App other than as specifically authorized herein is strictly prohibited. The technology and software underlying Mindclass App or distributed in connection therewith are the property of the Company, its affiliates and partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Mindclass App. Any rights not expressly granted herein are reserved by the Company.
5.6. The Company’s name and logos are trademarks and service marks of the Company. Other Company’s product, and service names and logos used and displayed via Mindclass App may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or in Mindclass App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on Mindclass App, without the prior written permission in each instance. All goodwill generated from the use of the Company’s trademarks will inure to the exclusive benefit of the Company.
5.7. Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including Clients, Client Representatives, Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that they must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.8. With respect to the content or other materials uploaded through Mindclass App or shared with others, you represent and warrant that you own all rights, titles and interests in and to such content, including, without limitation, all copyrights and rights of publicity contained therein.
5.9. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Mindclass App provided to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.
6. Personal Data Protection
7. Assignment and Subcontracting
7.1. The Company may assign to and / or subcontract a third party for Mindclass App Services, without your consent.
8.1 The Company will maintain the confidentiality of any information it receives, with the exceptions set forth in these Terms of Service. The disclosure of the information provided may be made only under the conditions mentioned in these Terms of Service.
8.2 No public statement, promotion, press release or any other disclosure to third parties will be made by you regarding Mindclass App and the contractual relationship with the Company without the prior written consent of the Company.
9. Force Majeure
9.1. Neither Party shall be held liable for partial or total non-compliance or delay in fulfilling the obligations assumed, when the respective non-fulfilment or delay was caused by a case of force majeure.
9.2. The Party invoking force majeure is required to inform the other Party in writing within a maximum of 15 (fifteen) days from the date of commencement of force and is required to take the necessary measures to limit its effects only if these measures are not too onerous.
9.3. The Party invoking force majeure shall also notify the other Party of the termination of the case of force majeure within five (5) days of termination.
9.4. If the case of force majeure lasts more than 15 calendar days, either Party may terminate the agreement, by written notice to the other Party, without the intervention of the court and without any obligation to pay compensation in this case.
9.5. For the avoidance of any doubt, pecuniary obligations arisen from the use of Mindclass App are not affected by the case of force majeure.
10. Statements and Limitation of Liability
10.1. The Company declares that it has all the necessary authorizations, approvals, qualifications and experience in order to run and provide Mindclass App.
10.2. By using Mindclass App, you express your choice and confidence regarding the Company and the services offered by the Company.
10.3. You are required to ensure that your devices meets the necessary specifications for running Mindclass App, all costs involved being borne by you (compatible devices, active internet connection etc.).
10.4. Under no circumstances may Mindclass App be used for purposes other than those mentioned herein. You understand and agree that you will not intervene in any way on Mindclass App for making unauthorized modifications / changes, you being fully responsible for the damages caused, in case of a violation.
10.5. The Company will constantly update the relevant information for Clients / Client Representatives and Users.
10.6. You understand that the Company has no obligation to verify, act and is not responsible for:
the correctness or truthfulness of the data declared by you,
the content that is published/accessed through Mindclass App,
the effects of Mindclass App on any person using Mindclass App, including the Client and Client Representative orUsers,
the interpretation or use given to the Mindclass App content,
the actions taken by Clients / Client Representatives / Users as a result of accessing Mindclass App.
10.7. Mindclass App is made available “as is“, “with all flaws” and “as available“. The Company does not expressly or implicitly guarantee Mindclass App. Mindclass App does not benefit and is not entitled to any warranty, including warranties of merchantability, satisfactory quality, accuracy for any particular purpose or need.
10.8. You understand that access to Mindclass App may cease or be subject to change, the Company having no liability in this scenario.
10.9. The Company assumes no responsibility for interruptions to Mindclass App for improvements, maintenance, lack of internet or other scenarios in which Mindclass App cannot be accessed due to reasons that are not under the Company’s control. Nothing herein can be interpreted as an undertaking of the Company for a 100% functionality of Mindclass App at all times.
10.10. The Company will not be liable for any loss suffered by any person using Mindclass App, nor for indirect, special, incidental damages resulting from the use or inability to use Mindclass App.
10.11. For the avoidance of any doubt, the Company cannot be held liable for any indirect loss or damage (including, but not limited to loss of profit or opportunity), damages of any kind, costs, expenses or claims for any indirect compensation (caused in any way) that you or any third party may suffer as a result of or in connection with the Company’s fulfilment of any of its obligations and for damages resulting from the use of Mindclass App. You agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to their use of Mindclass App, any user content, their connection to Mindclass App, their violation of these Terms of Service or their violation of any rights of another.
10.12. By using Mindclass App you assume responsibility for maintaining the confidentiality of yours and your/other Users data (user and password) and for managing access to Mindclass App, and, to the extent permitted by applicable law, you are responsible for the activity carried out on Mindclass App. You will immediately notify the Company if you become aware of any violation or attempt of violation on your account.
11. Dispute Resolution
11.1. The use of Mindclass App, the conclusion, execution and termination of the agreement are governed by Romanian law, which is supplemented where necessary with applicable European law.
11.2. Any dispute resulting from the use of Mindclass App will be settled amicably, as proven by documents. If the parties do not reach an agreement, within a maximum period of 60 days from the initiation, the dispute will be definitively resolved by the competent Romanian courts at the Company’s headquarters.
12. Fraudulent actions
ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF OTHERS ON Mindclass App OR TO MODIFY THE CONTENT OF Mindclass App OR TO AFFECT THE PERFORMANCE OF THE SERVER THAT Mindclass IS RUNNING ON WILL BE CONSIDERED AN ACCOUNT OF FRAUD AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE RESPONSBILE.