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TERMS OF SERVICES

1. Scope of application

  1. These general terms (the “Terms”) apply to any and all access and use of our Sigma Software website, software product and/or other related products. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you disagree with the Terms of use or any part of them, you must not use the Service (as defined below). Therefore, you must agree with and accept all the Terms before using Sigma Software Services. You should ensure you fully understand all conditions before entering into this Agreement with Us.
  2. We offer online services through our website https://courses.university.sigma.software (the “Website”). The Website is owned and administered by Limited Liability Company "Sigma Software University" (hereinafter referred to as - “Sigma”) and may in some cases be supported, provided, and operated by Sigma affiliates or contractors. Our Website and related software product(s) and/or the relevant application(s) enable you to access the Service. The term "Services" relates to educational activities, that are provided online (the course content is delivered by a teacher/lecturer over the Internet or an electronic network in real-time). The above-mentioned education activities are vocational (directed towards occupation and its associated skills) and are provided to improve the vocational rather than the personal skills of the students. The education activities are provided by means of a structured program and have concise aims, objectives, and clear anticipated outcomes. We declare and confirm the high relevance and practical value of our training and education courses.
  3. These Terms constitute a legal agreement between Sigma and you, or if you represent a legal entity or other organization, that legal entity or organization (hereinafter referred to as "Customer" or "You"). By clicking on the button labeled "Agree" or a similar button (e.g., "Accept", "Register", "Create an account"), or by simply creating an account or starting to use any Service, you enter into a legally binding agreement with Sigma.

2. Eligibility

By using the Services, You represent and warrant that:

  1. You are at least 18 years old and You have reached the age allowing You to enter into these Terms;
  2. You are able to enter into a binding agreement with Sigma according to the legislation applicable to You;
  3. You are not prohibited from accessing and using the Services due to any applicable sanctions or other restrictions.
  4. Further in the text, the person corresponding to the requirements set out in this clause 2 is referred to as - the Customer.

3. Dos and Don'ts

A Customer SHALL:

  1. comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws and other regulatory requirements;
  2. provide real and accurate information within the Service and keep it updated.

A Customer SHALL NOT:

  1. use the Services for any commercial marketing and advertisement purposes that are outside the scope of the Services;;
  2. use the Services for any illegal or unlawful purpose;
  3. use the Services for any purpose prohibited in these Terms;
  4. place any materials anywhere within the Service that violate rights of others, including but not limited to intellectual property rights;
  5. disseminate, launch or use viruses and other harmful software within the Service;
  6. use automated programs (bots, robots, "spiders", scrapers, and other programs having similar functions) and scripts in the Service, in particular, for the collection of the information on the other Users or the Service in whole;
  7. place any materials anywhere within the Service, which:
  8. propagandize war, violence, and discrimination aimed at the fomentation of ethnic, racial, and religious hostility;
  9. call to encroach on human rights and liberties, commit crimes against peace and safety of mankind, terrorism, extremism, or any other offences, etc.;
  10. propagandize criminal activities, fraud or contain advice or instructions concerning the performance of criminal acts or fraud;
  11. contain aggressive utterances and threats, scenes of violence and cruelty;
  12. contain abuse, slander, defamation; discredit; humiliate and defame the honor, dignity and business reputation of the other Customers or third parties;
  13. breach other rights and legal interests of Customers or third parties including legal entities, international organizations, public bodies, entire states, etc.
  14. pose as a representative or authorized person of Sigma or its affiliates.

If a Customer violates any provision of these Terms or law, Sigma may at its sole discretion take the following measures:

  1. block Customer's account for definite or indefinite period;
  2. delete Customer's account;
  3. block or delete some content placed by a Customer on the Services;
  4. block some specific features available to a Customer.

4. Payments and fees

  1. The fees we charge from Customers for using education courses are listed on the Website. By using our Service, Customers confirm that they completely agree with the fees published on the Website.
  2. We reserve the right to change our fees from time to time by posting the changes on the Service with no advance notice to Customers. The changed price may not be applied to courses already purchased or in progress. By using the Service thereafter, Customers confirm that they accept the new charges.
  3. The Customer is fully responsible for ensuring that the payment service used complies with the laws of the Customer's country of residence. The Customer is liable for all transaction fees arising from all payments made for the Service, even if sales terms are finalized or payment is made outside of the Service. The Customer is also liable for all potential transfer risks, including, but not limited to, technical issues, tax liabilities, fines, losses incurred by third parties, etc.
  4. The Customer acknowledges and agrees that all payments made for Services provided under these Terms are non-refundable.

5. Disclaimers and liability limitations

  1. Sigma does not verify a Customer's identity or conduct any credential checks of such Customer.
  2. Sigma does not represent or warrant that (1) Services, or any feature of the Services will be secure, updated, complete, error-free or uninterrupted; (2) that any defects will be corrected; (3) that Your use of the Services will provide specific results; (4) that Services will always function without delays, disruptions, or imperfections; (5) that Your content will be stored or remain available.
  3. The Services are provided “AS IS” and “AS AVAILABLE”. Sigma cannot guarantee the Services will be safe and secure or will work perfectly all the time. Sigma may stop, suspend, or modify any of its Services or its separate functionalities at any time and without prior notice to You.
  4. To the extent permitted by law, Sigma hereby disclaims all warranties, expressed or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
  5. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Sigma and its affiliates.
  6. To the maximum extent allowed by law, Sigma and its affiliates will not be liable for any indirect, incidental, consequential, special, punitive, multiple, exemplary or any other damages; for loss of profits; for loss of data; for loss of business opportunities; for loss of goodwill arising from or in connection with:
    • breach of the Terms;
    • Your access to or use of or inability to access or use the Services;
    • unauthorized access, use, or alteration of Your content and data;
    • termination of these terms by Sigma;
    • modifications, amendments, errors in Services;
    • suspending of the Services.
  7. To the extent permitted by law, in no event will aggregate liability of Sigma for all claims relating to the Services exceed the greater of $50 USD or the amount You paid Sigma, if any, in the last 6 months.
  8. All limitations of liability of any kind (including in this section and elsewhere in these terms) are made for the benefit of both Sigma and its affiliates.

6. Intellectual property

  1. The Service encompasses a variety of materials, including text, educational programs, graphics, logos, images, audio, and video. It also includes the compilation of these elements, any software utilized within the Service, and additional data structures. This not only encompasses material that is used, provided, and/or offered within the Service, but also any other objects and information that is published or shared with customers or third parties for the purpose of providing the Service. All these are collectively referred to as the “Content”.
  2. Customers are prohibited from altering, publishing, transmitting, reverse engineering, engaging in the transfer or sale of, creating derivative works from, or exploiting in any manner, any of the Content, either entirely or partially, available on the Service. Unauthorized use of any Content accessed via the Service is not permitted. Particularly, customers are forbidden from eliminating or modifying any proprietary rights or attribution notices concerning any Content. Customers are only allowed to utilize the Content for personal use, barring any other usage of the Content without explicit written consent from us and the copyright owner. Customers acknowledge that they won't gain any ownership rights in any protected content. We only grant licenses, be they express or implied, to our intellectual property or that of our licensors in accordance with these Terms.
  3. Any act of copying, reproducing, or making publicly available all or part of the Content is strictly forbidden. No one is permitted to copy, gather, store, use and/or transmit the information (texts, photos, videos, etc) from this Service. No one can utilize the information provided by the Customers in their accounts, with the exception of us and the respective Customer.
  4. A User is solely responsible for the content it submits to the Services. Sigma does not monitor such content but may delete it (wholly or partially) if Sigma reasonably (in its own discretion) believes that such content is violates these Terms, harmful or in violation of third-party rights.

7. Rights You grant to Sigma

  1. By uploading, posting or otherwise submitting content to the Services, You grant Sigma and its affiliates a worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, store, host, display, reproduce, publish, modify, process, adapt, edit, and distribute that content. This license is granted solely for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Also, under this license, You grant Sigma a right to create derivative works and to publish, display or otherwise use such derivative works for the purpose of advertising, promotion of the Services without any compensation to You.
  2. By uploading, posting or otherwise submitting content to the Services, You also grant the other users a non-exclusive right to use it within the Service's functionality only, namely by viewing, reproducing, copying for the purpose of a personal non-for-profit use.
  3. By uploading, posting or otherwise submitting content to the Services, You represent and warrant to Sigma and its affiliates that You do not violate the law nor anyone's rights (including intellectual property rights) in respect to such content.

8. Rights Sigma grants to You

  1. Sigma hereby grants You a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, worldwide end-user license to access and to use Services, its separate parts and features solely the for personal consumption and according to these Terms.
  2. Under these Terms, You are not allowed and shall refrain from copying any Sigma software or its part, re-distributing, selling, leasing or transferring any Sigma software or its part to any third party, modifying any Sigma software, reverse engineering, decompiling or disassembling or otherwise attempting to derive source code from any Sigma software, in whole or part, unless otherwise is directly agreed by Sigma and You in writing.

9. Indemnification

  1. To the extent allowed by law, You agree to defend, indemnify and hold harmless Sigma and its affiliates from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with any of the following:
    • any misrepresentation made by You;
    • Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
    • Your content;
    • Your access to or use of the Services ;
    • Your breach of these Terms.

10. Applicable law and forum

  1. To the extent permitted by mandatory local law, these Terms and Services will be governed by Swedish law.
  2. To the extent permitted by mandatory local law, any dispute will exclusively be submitted to the competent courts in Sweden.

11. Contact information

  • Full name: Limited Liability Company “SIGMA UNIVERSITY”
  • Registration number 44152945
  • Address: 18 Otakara Yarosha str, Kharkiv, 61045, Ukraine e-mail: university@sigma.software
  • Representative in the EU: Sigma Sweden Software AB
  • If You believe that a certain material posted within the Services violates Your rights, laws and regulations, or these Terms, or if You believe that a certain Customer has violated any of such provisions, please contact us via e-mail LMS.team@sigma.software

12. Termination and Changes

  1. Both You and Sigma may terminate these Terms at any time with notice to the other. Upon termination, You lose the right to access or use the Services. The following clauses and sections shall survive termination: 5, 8.2, 9, 10.
  2. Sigma may modify these Terms from time to time. If Sigma makes material changes to the Terms, Sigma will provide You notice through the Services, or by other means, to provide You the opportunity to review the changes before they become effective. If You object to any changes, You may stop using the Services. Your continued use of the Services after Sigma publishes or sends a notice about the changes to these Terms means that You are consenting to the updated terms as of their effective date.