GENERAL CONDITIONS OF USE OF THE BRAINYLEARN PLATFORM AND APPLICATIONS

Addendum to the user contract

Any use of the platform and its services implies unreserved acceptance by the user and their full and complete adherence to these user regulations.

SUMMARY

DEFINITIONS …………………………………………. ………………………………………….. ………………. 3
LEGAL NOTICE ………………………………………… ………………………………………….. ……… 3
Clause n ° 1: Purpose …………………………………….. ………………………………………….. ……………. 4
Clause n ° 2: Acceptance …………………………………….. ………………………………………….. …… 4
Clause n ° 3: Platform and services …………………………………… ……………………………………. 4
3.1. Purpose of the platform and its services …………………………………… ……………………. 4
3.2. Access to the platform ………………………………………. ………………………………………….. 4
Clause n ° 4: Obligations borne by the parties ………………………………… ………………………. 5
4.1. Obligations of the super-administrator ……………………………………… ……………………….. 5
4.2. User obligations ……………………………………… …………………………………….. 5
Clause n ° 5: User license ………………………………….. ………………………………………… 6
5.1. Right of use ………………………………………. ………………………………………….. ………… 6
5.2. Restrictions …………………………………………. ………………………………………….. ……….. 6
Clause n ° 6: Misuse of the platform and its services ………………………………. …… 6
Clause n ° 7: Technical restrictions ……………………………………. ………………………………….. 7
Clause n ° 8: Availability of the platform and its services ………………………………. ………. 7
Clause n ° 9: Assistance …………………………………….. ………………………………………….. ……… 7
Clause n ° 10: Intellectual property ……………………………………. ………………………………… 8
Clause n ° 11: Confidentiality …………………………………….. ………………………………………….. 8
Clause n ° 12: Duration and termination …………………………………… ……………………………………… 9
12.1. Duration …………………………………………. ………………………………………….. …………….. 9
12.2. Termination …………………………………………. ………………………………………….. ……….. 9
Clause n ° 13: Modification of the rules of use – Update of the platform …………. 9
13.1. Modification of the rules of use …………………………………….. ………………….. 9
13.2. Updating the platform …………………………………….. ………………………………… 9
Clause n ° 14: Personal data ……………………………………. …………………………………. 9
Clause n ° 15: Liability …………………………………….. …………………………………………. 10
Clause n ° 16: Exemption from liability and force majeure ………………………………… ….. 11
Clause n ° 17: Contractual environment ……………………………………. …………………………. 11
Clause n ° 18: Applicable law and competent court …………………………………. ……………. 11

DEFINITIONS

Part :

Anyone contractually bound by the regulations for using the BrainyLearn platform.

Platform:

The web interface as well as the Android and IOS applications made available to trainers and users.

Service :

The functionality of the web interface and Android and IOS applications.

Super administrator:

The manager of the BrainyLearn platform.

User:

Anyone who is authorized to access and use the platform and its services regardless of their rights.

Username:

Identification is the personal code transmitted to each user in order to allow them to access and use the platform and its services.

LEGAL NOTICE

The platform and its services are made available to users by the company: BrainyLearn, company, whose head office is in Valais, at Rue du Grand-Verger 6, 1920 Martigny.

Clause n ° 1: Purpose

The purpose of the user regulations is to define the terms and conditions for the provision and use of the platform and its services by users.

Therefore, it defines the rights and obligations of each and is an integral part of the contract between the super administrator and the users.

Access and use of the platform and its services therefore implies unreserved acceptance by the user of these regulations. Otherwise, the user will have to give up their access to the platform.

Clause n ° 2: Acceptance

The user declares to have read the rules before using the platform and its services and to have accepted them without reservation

Clause n ° 3: Platform and services

3.1. Purpose of the platform and its services

The platform consists of a web interface, an Android application and an IOS application providing users with various digital tools offering the possibility of marketing training, exercises or questionnaires (quizzes) based on methods such as enriched face-to-face, blended learning, full e-learning or e-learning 2.0 / social learning.

3.2. Access to the platform

The user will be provided with an identifier and an access code to the platform and its services.

Access to the platform and its services is authorized only to the user who has accepted the user regulations and provided his username and access code.

The username and access code provided are strictly confidential. The user therefore undertakes to guarantee their confidentiality and not to disclose them in any way to an unauthorized third party.

It is understood that the salaried personnel of the user is authorized to use, on behalf of the user who employs him, the identifier and the access code provided to this contributor.

The responsibility for access to the platform and its services rests exclusively with the user. Any use of the platform is presumed to be made by the user corresponding to the username and access code used.

The user agrees to notify by all written means, as soon as possible, the loss, theft or any fraudulent act concerning his identifier and his access code. They will be modified as soon as possible upon receipt of this written notification.

Any document useful for identifying the user may be requested.

Any user who contravenes the user regulations is liable to a temporary or permanent suspension of their right to access the platform and its services.

The super-administrator reserves the right to interrupt, suspend or modify without notice access to all or part of the platform and its services, in order to ensure its maintenance or security and without any right to a user compensation.

Clause n ° 4: Obligations borne by the parties

Each party undertakes not to hinder the other parties in their access and use of the platform, subject to the prerogatives recognized to some in the user regulations.

The parties undertake to inform the super-administrator in good time of any element of which they are aware and which may have a use or an impact on the operation of the platform and its services.

4.1. Obligations of the super administrator

The super-administrator undertakes to make his best efforts to ensure the proper functioning of the platform, in accordance with the rules of use.

Where applicable, it provides users with the documentation necessary for their knowledge of the conditions of use of third-party products that they may use in the operation of the platform.

The super-administrator is only bound by an obligation of means.

4.2. User obligations

The user generally undertakes to comply with all the regulations in force in Switzerland.

The user agrees to provide the super-administrator with any technical documentation or information required for the proper functioning of the platform and its services.

He agrees to use the platform in accordance with the technical instructions received and to respect the conditions of use of third-party products to which he would have access in his use of the platform.

In particular, by accepting these user regulations, he is deemed to have read and accepted the conditions of use of BrainyLearn’s services.

He undertakes to notify, without delay, the super-administrator of the loss or theft of his identifiers and access codes.

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