Effective date: 28th of April, 2023
- These Terms of Service govern Your access and use of the Massive Open Online Courses (MOOC) Platform called Digiotouch Academy (hereinafter the “Platform”) available via the website https://academy.digiotouch.com. The Terms constitute the legal agreement between You and Digiotouch OÜ. Digiotouch OÜ manages the Platform, which enables natural as well as legal persons to upload and view different educational videos.
- You must read these Terms of Service (hereinafter the “Terms”) carefully before You use the Services.
- By accepting these Terms, You confirm that You fully agree to all the terms and conditions set out herein. If You do not agree to the terms and conditions set out in these Terms, then You may not use the Services.
- “Digiotouch”, “us”, “we” or “our” means Digiotouch OÜ, an Estonian private limited company registered under registry code 14507464 and registered address Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117, Estonia, email address: email@example.com.
- “You”, “your” or “User” means a person using the Platform and the Services provided by Digiotouch. It includes the consumers and traders.
- “Party” means each of You and Digiotouch and “Parties” means You and Digiotouch collectively.
- “Publisher” means the Party who wishes to upload educational videos.
- “User” means the Party who wishes to view the educational videos uploaded by Publishers.
- “Video” or “Videos” means the educational videos uploaded by Publishers, which are available on the Platform.
- “Unsuitable content” means content, which is either pornographic, violent or otherwise in conflict with the good taste and morals, and thus, unsuitable to be presented on the Platform. Content which infringes IP rights of other persons is also considered as Unsuitable content. Digiotouch retains the right to decide which content is Unsuitable content on a case-by-case basis.
- “IP rights” – intellectual property rights such as copyright, trademarks etc.
- “Comment” – comments written on the Platform by Publishers and Users as a response to Videos.
- “Services” means the functions and services available on the Platform which are provided to You by Digiotouch and are accessed through the website.
- “Account” means the account created for You upon registration on the Platform. Separate Accounts must be created for acting as a Publisher or as a User on the Platform.
- “Digiotouch IP” means text, design, data, video content or other intellectual property, content or information, made available to You by Digiotouch.
- “Third parties” means the service providers engaged by Digiotouch for the provision of the Services on the Platform.
General description. Accessing the Services. Registering an Account
- The Platform is intended for uploading and viewing Videos.
- The Platform can limit the types of Videos that can be uploaded to the Platform and can delete the Videos already uploaded to the Platform in order to moderate the content available on the Platform and remove Unsuitable content from the Platform.
- To use the Services, you must register an Account with Digiotouch. Any use of the Services must be carried out by You exclusively through the Account opened for You.
- To register an Account or to use any of the Services as natural person, You represent and warrant that:
- You are at least 18 years of age;
- You submit truthful and accurate information required for registration of the Account;
- You will maintain the accuracy of such information;
- Your use of the Services does not violate any applicable law or regulation or these Terms.
- To register an Account or to use any of the Services as legal person, You represent and warrant that:
- You are a duly established company;
- The natural person acting as a representative of You has all the rights to represent;
- You submit truthful and accurate information required for registration of the Account;
- You will maintain the accuracy of such information;
- Your use of the Services does not violate any applicable legal act.
- In order to register an Account as a natural person, You must provide us with the following information:
- Full name;
- E-mail address;
- Phone number.
- In order to register an Account as a legal person, You must provide us with the following information:
- Legal name of the business;
- Commercial registry code;
- Legal address of the business;
- Contact e-mail;
- VAT number;
- Legal representative’s full name, e-mail address and phone number.
- You are responsible for maintaining adequate security and control of any login IDs, passwords, keys, personal identification numbers (PINs), mnemonic phrases and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Services.
- We will require login credentials to access your Account. We may impose additional security measures when You access our Services, for example a two-factor authentication by sending security passcodes via mobile text message, electronic mail or by other means or we may add third party multi-factor authentication to our Services. We can make any form of security measures optional or mandatory at our discretion.
- We may limit the use of our Services to certain hardware devices and/or supported software. We do not guarantee that our Services will be accessible through all manufacturers of electronic devices or software developers.
- You have the obligation to notify Digiotouch of any unauthorized use and fully and timely cooperate with Digiotouch in the investigation of any suspected unauthorized access to the Account or use of the Services.
- All information You provide to Digiotouch at any time (including but not limited to the information provided upon the registering of the Account) must be accurate, current and complete and may not be misleading in any respect. Digiotouch may, from time to time, request such information to be updated and/or supplemented, in which case You are obliged to provide Digiotouch with the updated and/or supplemented information without delay. If You are not able or willing to update such information, Digiotouch has the right to close your Account and/or restrict You from accessing the Services.
Restrictions and obligations
- You agree that You will not do any of the following while using or accessing the Services:
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud;
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Platform;
- Use the Platform or Services for the Your own commercial manner, that includes modifying or selling the platform itself;
- Circumvent, disable or otherwise interfere with security related features of the Platform or Services, or features that prevent or restrict use or copying of any Digiotouch IP;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Platform, servers or networks connected to the Platform, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Platform and Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform and Services;
- Attempt to scrape, parse, access, search or meta-search the Platform with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Digiotouch or other generally available third-party web browsers;
- Use the Platform to send altered, deceptive or false source-identifying information;
- Use the Platform or Services in any manner not permitted by these Terms;
- Encourage or instruct any other individuals to do any of the foregoing or to violate these Terms.
- You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by You without our appropriate prior written consent will be null and void.
- We may assign these Terms or any rights hereunder without Your consent.
- Digiotouch shall provide the Services for free. Digiotouch retains the right to decide in the future to set a price for the Services and the use of the Platform. In that case, Digiotouch shall give previous notice of such change in a reasonable time period.
- Digiotouch shall not offer monetary compensation to the Publishers. Digiotouch retains the right to decide in the future to offer monetary compensation to the Publishers for the uploaded Videos. In that case, Digiotouch shall give previous notice of such change and the terms of the monetary compensation in a reasonable time period.
Obligations and liability related to the Videos
- Digiotouch is not the Publisher, but merely provides a Platform where the Videos can be uploaded and viewed. All IP rights related to the uploaded Video remain the property of the Publisher of that Video.
- Users may not violate Publisher’s IP rights. You understand that should you violate a Publisher’s IP rights by misusing the Video uploaded by them to the Platform, you are solely liable for any damage that may arise, including possible damage to Digiotouch and third parties.
- You ensure that by publishing a Video to the Platform You do not violate other persons’ IP rights. You understand that should you violate other persons’ IP rights by uploading such Video to the Platform, you are solely liable for any damage that may arise, including possible damage to Digiotouch and third parties.
- In order to upload a Video to the Platform, the Publisher must carry out the following steps:
- create a course on the Platform;
- provide necessary information regarding the course, such as the title, overview, subject etc;
- provide the description of the course;
- upload the Video under the created course;
- choose the option to make the course public.
- The Publisher must ensure that the Video corresponds to the description offered with the Video and that the Video does not include Unsuitable content.
- In case a Video includes Unsuitable content, a User may flag the Video. Digiotouch shall then review the Video and decide on whether to remove the Video from the Platform or whether to ask the Publisher of that Video to amend the description of the Video or the Video itself.
- If Digiotouch decides to remove a Video from the Platform because it includes Unsuitable content, we shall notify the Publisher of that Video.
- Users and Publishers may leave Comments under the Videos. Such Comments may not contain Unsuitable content. Digiotouch retains the right to delete all Comments which include unsuitable content without notifying the author of the Comment.
- If You discover a Video or Comment which includes Unsuitable content, You may lodge Your complaint by sending an email to firstname.lastname@example.org with a topic “UNSUITABLE CONTENT” in which we ask You to provide us with a direct reference to such Comment or video and to describe the nature of the content being Unsuitable content.
- Digiotouch has the right to close Your Account without previous notice if You have repeatedly violated Your obligation to not upload Unsuitable content in Your Comments or Videos or if Digiotouch has a reason to believe due to Your previous actions that You might continue to violate this obligation. You have the right to request Digiotouch to explain such decision to you by sending an email to email@example.com.
- Unless otherwise clearly stated above, all copyright and other IP rights present in the Services or displayed in connection with the Services and the Platform, registered or not, are owned by or licensed to Digiotouch. The foregoing also applies towards any software solutions or parts of it, programs and code present in the Service.
- Subject to Your compliance with these Terms, we give You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the App and Services for Your own personal use. This license is for the sole purpose of enabling You to use and enjoy the benefits of the Platform and Services in the manner permitted by these Terms.
- Your license to use the Services is limited by the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
- you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
- you shall not access the Services in order to build a similar or competitive service;
- you shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means; and
- You may not use the Services in connection with any other website, for any purpose.
- Our Services may contain or require the use of licensed content of a third party. You accept and comply with the license terms applicable to the licensed content of a third party.
- The right to access our Services and our platform will automatically terminate upon the closing of the Account.
- Any other use of the Platform and Services for purposes not intended according to these Terms requires our prior written consent.
- The Platform and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with Your use of the Platform and Services.
Liability regarding the use of the Platform
- You are liable for and shall be obligated to compensate to Digiotouch any and all damages (including the loss of profits) which arise from Your activities. This liability applies to the maximum extent permissible under applicable legal acts.
- You will be solely responsible, and to the maximum extent permissible under applicable legal acts, Digiotouch will have no liability, for any activity that takes place with Your Account if the Account has been accessed with Your Account credentials, regardless of whether or not such access has been authorized by You.
- Digiotouch is liable for and shall be obliged to compensate to You only direct monetary damages and only on the condition that such damages are caused to You by Digiotouch either intentionally or due to gross negligence. This clause does not exclude liability for damages which is stipulated in the law.
- Digiotouch assumes no liability for any damages caused by third parties or by circumstances outside the control of Digiotouch.
- Digiotouch expressly disclaims any liability whatsoever for any direct, indirect or consequential damages, including, without limitation, lost revenues, lost profits, losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility of such damages.
- The Services are provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. Digiotouch does not make any representations or give warranties that the access to the Platform or use of the Services will be continuous, uninterrupted, timely or error-free.
- Digiotouch does not warrant the accuracy of the data gathered by using the Platform or by watching the Videos.
- Digiotouch does not assume any obligation to, and does not warrant that it will create or include additional features or functionality for the Services besides the existing ones.
- Digiotouch does not warrant that access to the Platform will be uninterrupted or error-free; neither does it warrant that the Digiotouch IP will be permanently stored totally or partially in the cloud software, without modifications or alterations, because although Digiotouch will do its best to adopt adequate security measures to preserve Digiotouch IP’s accuracy and integrity, as well as Your access to its data, security measures on the Internet are not impenetrable.
- You agree to defend, indemnify and hold Digiotouch, its subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives harmless from all claims, injuries, costs, expenses and damages, including attorneys’ fees, resulting from:
- your use of the Platform and the Services;
- your violation of this Agreement;
- any distribution or sale of the Service for a purpose or application that has not expressly been agreed upon by Digiotouch;
- any alteration of the Services that has not expressly been agreed upon by Digiotouch; or
- any action or claim brought against Digiotouch for injuries or damages of any kind (including but not limited to loss of or physical damage to the customer’s tangible property, personal injury, death or economic loss), caused by products in which the Services have been embedded by a third party.
Termination of the Agreement. Closing the Account
- You have a right to terminate these Terms at any time by closing your Account. From the moment of closing the Account, You will not be entitled to use any of the Services.
- Digiotouch may terminate these Terms without giving any justification, by giving You an advance notice of at least 7 days.
- Digiotouch may terminate these Terms with You without notice and liability if:
- we believe that you are not following these Terms;
- it is required by applicable law.
- Digiotouch may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published on the Platform and a message is sent to your email to notify You about the updates of the Terms.
- You will be asked to accept the amendments. A notice about changes will be posted on your dashboard for a reasonable period of time prior to such changes coming into force.
- The effective date which is at the top of the Terms informs You about the latest version of the Terms.
- We advise You to revisit this page from time to time to make sure You are familiar with the current version of the Terms.
- If You do not agree to any updated Terms, You must stop using the Platform and the Services.
Applicable law. Jurisdiction
- These Terms have been drawn up in accordance with the laws of the Republic of Estonia and the application, interpretation, and termination shall be governed by the laws of the Republic of Estonia.
- Any disputes regarding the Services and/or in connection with these Terms shall be settled through negotiations. If the Parties fail to resolve the dispute through negotiation, the disputes shall be settled by Harju Maakohus (Harju County Court), pursuant to the procedure provided by the law of the Republic of Estonia.
- If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from this agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and the invalid condition shall be replaced by a valid condition as close as possible to the outcome and the detail of the replaced condition.
- The non-enforcement by Digiotouch of any right or provision from these Terms is not deemed a waiver of such right or provision.
- These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
- You agree that any notice, request, certificate, approval, demand, consent or other communication to be given under this Agreement may be communicated to you by email.
- You can contact us if You have any questions, feedback or comments related to our Services, by sending an email to firstname.lastname@example.org.