Terms of Service

Introduction

DrivEd LMS is a service provided by the company PioGroup LTD, incorporated under the laws of England with a company number 11489488 whose registered office is Suite 2005, 124 Сity Road, London, EC1V 2NX, United Kingdom (“DrivEd”, ‘the Platform”, “we”, “our” or “us”).

This agreement, together with any and all other documents referred to herein, sets out the terms and conditions upon which we, DrivEd, make the DrivEd Platform available to our clients for use.

By getting access to the Platform, you acknowledge that you have read, understood, and accepted the terms and conditions outlined in this agreement.

If you are registering on behalf of a company, you confirm that you have the authority to enter into this agreement on their behalf.

If you do not agree to any of the terms and conditions of this agreement, you must cancel your registration and cease all use of the Platform immediately. However, if we have agreed to a separate set of terms and conditions in writing, those terms and conditions will supersede the terms outlined in this agreement.

1. Definitions and Interpretations

Below is a list of the terms which will be used in this agreement and their meanings:

Administrator: an individual who, being a contact person, has the right to make decisions on using the Platform by the Client, in particular, to decide issues with regard to the management of the Platform related to the Client's rights, to suspend the Platform use, to provide technical solutions which arise during the Platform using. The Administrator has the right to appoint additional contact persons or Users. If otherwise is not determined by the Client, the Administrator is the first person, who was registered by the Client on the Platform.

Client: a person, who has bought access to DrivEd, and who accomplishes and agrees with the terms determined under this agreement.

Content: all and any information downloaded and published by the Client on the Platform including information and materials published by the Administrator and the Users.

Platform: online resources, tools, services, and information available on our website for creating, editing, and hosting online courses.

Subscription: a subscription to our website that provides access to the Platform.

User: an individual, who is provided with access to DrivEd and uses the Client's Content.

User`s Account: an account of the User to access the Client`s Content.

2. Prices and Payment

2.1. We have different plans available to choose from when accessing and using the Platform. The plans offer different levels of software functionality. Payment can be made in U.S. Dollars and is due on the date of invoicing. Both individuals and legal entities can use the Platform.

2.2. It is possible to switch to a different plan during the time using the Platform. To upgrade to a new plan, the Client will need to pay the price difference. In the case of a plan downgrade, the new plan and the billing cycle will start only after the expiration of the current paid plan (a monthly or an annual subscription).

2.3. Any additional expenses related to the access, such as Internet or data roaming charges, payment for third-party services integrated into the Platform, and similar expenses are not included in the price for using the Platform.

2.4. We accept non-cash payments via our website and the payment system Stripe. If you're an individual client, you can pay via https://drived.space.

2.5. From time to time, we may need to adjust the prices of our plans. If we do, we will let the Clients know by notifying them via email at least 30 days in advance. The new prices will go into effect on the day they are published on our website at https://drived.space unless specified otherwise. The new prices will be applied to the Client's billing cycle after the expiration of the currently purchased plan.

3. Client’s Right and Obligations

3.1. The Client has the following rights:

• to use the Platform in order and under conditions determined in this agreement;
• to download, publish, and delete the Content from their account on the Platform, taking into account special conditions determined herein;
• to provide the Users with access to the Content in an order determined herein;
• to receive information about functions of the Platform, changes, updates, and technical works carried out on the Platform;
• to receive technical support during the Platform usage;

3.2. The Client is obligated:

• to follow the rules of the Platform use, determined under this agreement, and follow internal policies and regulations on using the Platform;
• to provide the Administrators and the Users with rules of the Platform use determined under these Terms of Service and internal policies and regulations of DrivEd;
• to ensure the safety of logins and passwords for access to the Platform;
• to pay for using the Platform timely and in order, determined under this Public offer.

4. DrivEd’s Right and Obligations

4.1. DrivEd has the following rights:

• to control the Platform use, make a concept, establish obligations, provide the Client with recommendations and consultations on the Platform use;
• to block the Client`s access to the Platform without prior notification, in case the Client does not pay for using of the Platform or break the order of such payment, determined under these Terms of Service;
• to delete Client`s Content in the cases specified in paragraph 6.2 of this agreement;
• to grant non-exclusive licenses to other persons;
• to make changes and modify the Platform, including without notification of the Client. In case such changes reduce the functionality of the Platform that was previously accessible for the Client during the Platform use, DrivEd shall notify the Client about such changes no later than seven (7) calendar days before their implementation;
• to limit or stop Client's access to the Platform to conduct technical works with prior notification of the Client about this no later than in three (3) working days;
• to get payments in the amount and in order, determined under this agreement.

4.2. DrivEd is obligated:

• to provide the Client with access to the Platform in order, determined under this agreement;
• to provide the Client with access to all internal policies and regulations on the Platform use;
• to provide the Client with hosting services.

5. Access to the Platform

5.1. The Client gets access to the Platform via their account available only via the web interface.

5.2. We'll create the Client’s account within three (3) working days of receiving the Client’s payment and all necessary data. The Client is responsible for providing correct and accurate data.

5.3. If we have reason to believe the Client’s data is inaccurate, we may ask the Client to confirm it, including by providing the necessary documents.

5.4. Once we create the Client’s account, we will send the login and password to the Client via the email. The Client is solely responsible for the safety of the login and password to the account.

5.5. The Client provides the Users with access to their Content by creating User accounts. We can create or delete User accounts upon the Client’s request within one (1) business day, provided we receive all necessary data for creating/deleting the User’s account.

5.6. We will send the login and password to access the User’s account via email to the corresponding User.

6. The Client’s and the Users’ Content

6.1. DrivEd does not obtain any rights to the Content created, downloaded, and published by the Client and the Users during the Platform use, except for rights necessary to exercise the rights and obligations provided for in this agreement.

6.2. The Client fills the Platform with the Content independently, by uploading and publishing the Content to their account. The Client is solely responsible for the essence of the Content and its compliance with legislation, and that such Content does not violate the rights of third parties.

The following types of Content are not permitted on the Platform and you must not create, submit, communicate, link to, or otherwise do anything that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability;

(f) in a manner that is otherwise illegal or causes damage or injury to any person or property.

We reserve the right to remove any content that violates these terms, and we may terminate the accounts of users who repeatedly violate these terms.

6.3. The Client deletes the Content from their account independently. If the Client did not pay for the Platform usage for three (3) months, DrivEd would have the right to delete the Client`s Content.

6.4. After the expiration of the usage of the Platform in accordance with this agreement, the Client shall delete his Content. If the Client does not delete their Content, we would have the right to delete it after ninety (90) calendar days from the day when the Client has stopped using the Platform without any notification.

7. Data Protection

7.1. All personal information that may be used by us will be collected, processed, and held in compliance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under it.

7.2. In order to obtain comprehensive information about how we collect, process, store, and retain personal data, including but not limited to the purpose(s) for which it is used, the legal basis for its use, details of your rights and how to exercise them, and personal data sharing (if applicable), please refer to our Privacy Policy and Cookie Policy.

7.3. We and Users must comply with the requirements of the Data Protection Legislation. For personal data hosted by DrivEd on behalf of a User, the User is considered the data controller, while DrivEd is the data processor, as defined by the Data Protection Legislation.

7.4. You are responsible for ensuring that you have obtained all necessary and appropriate consents and notices for the lawful transfer of personal data to Us for hosting purposes, with respect to your Online School(s) and any and all User Content.

7.5. We will process any and all personal data (as a data processor) on your behalf (as a data controller) in providing our Platform and hosting your Online School(s), according to the terms of a separate Data Processing Agreement between Us and you, in accordance with the requirements of the Data Protection Legislation.

8. Intellectual Property Rights

8.1 DrivEd is an integral object of intellectual property rights, in particular – a copyright object, intellectual property rights of which are protected in the manner determined under the legislation.

According to this agreement, DrivEd grants to the Client a non-exclusive, non-transferable, revocable, non-sublicensable license to use the Platform on the territory of the world in order and under conditions determined under this agreement.

8.2 The Client owns the copyright and other intellectual property rights in their User Content. All other Content included in Our Platform (including user-facing material, code, software, and databases) belongs to us or has been licensed by us. This Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

8.3 By accepting these Terms of Service, the Client agrees to use Our Platform in accordance with these Terms. The Client also agrees:

• not to transfer (alienate) intellectual property rights of DrivEd, and transfer the right to use (exclusive, non-exclusive, granting licenses, etc.) the Platform to the third parties;
• not to copy, download, or attempt to acquire any part of the Platform;
• not to make any changes and/or modifications of DrivEd, its design, interface, etc.;
• not to use DrivEd by broadcasting on websites with commercial purpose as well as with non-commercial;
• not to embed or distribute Our Platform on any website, FTP server, or similar without our prior written consent;
• not to decompile or disassemble the program part of DrivEd;
• not to allow or facilitate any use of Our Platform that would violate these Terms.

9. Technical Support

9.1. At DrivEd, we're here to help you with technical support throughout your time using the Platform. If you need technical support, you can send us an email at [email protected], and our team will be happy to assist you.

10. Termination

10.1. If the Client violates any requirements listed in paragraph 8.3 of the Terms of Service, DrivEd may terminate the agreement with written notification to the Client ten (10) calendar days prior to termination.

10.2. If the Client decides to terminate the use of the Platform, they can do so by sending a written notice to [email protected] at least ten (10) calendar days before the date of termination. Please note that funds already paid for the use of the Platform are non-refundable.

10.3. In the event specified in paragraph 4.1, the Client has the right to refuse to use the Platform by sending a written notice to DrivEd at [email protected] at least ten (10) calendar days before the date of termination. If this happens, any funds that have already been paid for the use of the Platform will be returned to the Client within five (5) calendar days from the date of termination.

11. Disclaimer and Responsibility

11.1. The Platform and all included Content are provided on an "As is" basis without warranty of any kind, whether express or implied. DrivEd specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of a course of dealing or usage of trade. DrivEd further disclaims any and all liability related to your access or use of the Platform or any related Content. You acknowledge and agree that any access to or use of the Platform or such content is at your own risk.

In any case, DrivEd does not control the services, which are provided by Third Parties during the usage of the Platform.able.

11.2. The following Third Party Service Providers offer services on Our Platform:

• Zapier;
• Google Analytics.

11.3. We do not endorse any of the services provided by Third Party Service Providers, and We are not responsible for any aspect of such services.

11.4. Your use of Third-party Service Providers' services will be governed by the terms and conditions specific to those services. We will not be a party to any agreements or contracts between you and Third Party Service Providers, and We will not be responsible for any such transactions.

11.5. In case of violation by the Client any requirements determined in paragraph 8.3. Of this agreement, the Client shall pay to DrivEd in the amount of 200000.00 EUR (Two hundred thousand euros).

11.6. The Client is solely responsible for the claims of the Users and other Third Parties related to the use of the Client's Content and receiving any services from the Client through the Platform.

11.7. Any use of the Platform means to consent to be guided by this agreement.

11.8. All rights to the Platform, in whole or in part, are and must remain the property of DrivEd.

12. Applicable Law

12.1 The Terms of Service and all the conditions are regulated in accordance with the law of the UK.

13. Dispute Resolution

13.1 In case of any disputes between DrivEd and the Client on the issues specified in this agreement or in connection with it, the Parties undertake to take all measures to resolve them through negotiations.

13.2 If one of the Parties considers it impossible to resolve the disputes through negotiations, the disputes must be resolved in court in accordance with the current law of the UK

14. Terms of Service Change

14.1 At any time, we reserve the right to modify this agreement. If we make any changes in the future, we will publish them on https://drived.space and, if relevant, notify you via email or display them on-screen when you next log into the Platform.