SEDUO PRODUCT TERMS FOR CLIENTS

1.1  Alma Career Poland Sp. z o.o., with its registered office in Warsaw, address: BL Astoria, Przeskok 2, 00-032 Warsaw, the Republic of Poland, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Registry Court under entry no. KRS 0000988078, NIP 5252920122, REGON: 522873400, with the share capital in the amount of PLN 300.000 (“Alma Career”), issues these Seduo Product Terms for Clients governing other terms of use of the Electronic System Seduo by Clients and the provision of related Services to Clients (“Product Terms”).

1.2  The rights and obligations of Alma Career and the Client not expressly stipulated in these Product Terms are governed by Alma Career’s General Terms and Conditions for Businesses ("GTC") available at https://almacareer.com/legal/pl/en/general-terms-conditions and the provisions of the applicable laws and regulations.

1.3  In the event of any discrepancy between these Product Terms and the GTC, these Product Terms shall prevail.

1.4  Alma Career's current contact and billing information is available at https://almacareer.com/pl/kontakty.

1.5  An informative English translation of these Product Terms is available at https://almacareer.com/legal/pl/en/general-terms-conditions/product-terms/seduo. In case of discrepancies between the English or other foreign language version, the Polish language version shall prevail.

2.1  The terms used in these Product Terms have the following meaning:

(a)   Administrator Account: a User Account that is also authorized to manage the use of the Services, in particular the removal and addition of Users.

(b)   Client Profile: a summary of Client’s identification data for display in the Electronic System Seduo, created and managed by Alma Career for the purpose of providing the Services to the Client.

(c)  LMS: a learning management system, i.e. an information system used for organization and administration of education to which the Client has sufficient usage rights;

(d)   User: an individual in a contractual relationship with the Client (usually the Client’s employee or the person otherwise cooperating with the Client, for example, on the basis of a service agreement, assignment contract, etc.) and using the Electronic System Seduo via the User Account or via LMS.

(e)   User Account: an environment within the Electronic System that enables the User to use the Services.

2.2  Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC.

3.1 Seduo is an online educational platform containing courses which are accompanied by tests or other forms of verification of the User’s knowledge. The courses are usually structured in individual lessons and end with a test or a quiz. Some parts of the Seduo platform are accessible for free (usually an introductory lesson of a course) but some parts (including the full courses etc.) are accessible only subject to a payment of a fee.

3.2  Based on the Agreement, the Client is granted an access to the content Seduo platform in the scope (usually as number of User licences) and for the period set out in the Agreement.

3.3  By concluding the Agreement, the Client declares it acts in connection with its business activities.

4.1  An order form is issued by Alma Career a provided to the Client upon a request. An order

for Services may be placed in a written or electronic form and must include at least:

(a) The requested specification of the Services,

(b) The term of providing the Services.

4.2  The order of the Services shall be binding for the Client as of its delivery to Alma Career.

4.3  Providing the Services will be initiated by Alma Career within the term specified in the Agreement.

5.1  The Client is obliged to have his/her Client Profile for use of the Service.

5.2  Alma Career will create as many Administrator Accounts or User Accounts as needed by the Client. Creating the Administrator account or User Account is possible through Registration via a link in the confirmation e-mail sent by Alma Career to the Client or otherwise as agreed by the Parties. The Client is required to provide Alma Career with contact details for creating the Administrator Account and a list of e-mail addresses and other data of the Users to be allowed to use the Services.

5.3  The Client declares and undertakes to ensure that:

(a)   Alma Career is entitled to handle the e-mail addresses and other contact details of the Users sent to Alma Career by the Client or uploaded via the Administrator Account within the performance of the Agreement and in accordance with the applicable laws and regulations,

(b)  The Client will comply with all provisions of applicable laws and regulations when handling e-mail addresses and other User data.

5.4  The Parties agree that the Client may cancel their Client Profile or the Administrator Account in the Electronic System Seduo at any time free of charge by contacting support at pomoc@seduo.pl.

5.5  Cancelling the Client Profile will result in:

(a)   Anonymizing the data of the Administrator Account in the Electronic System Seduo,

(b)   Anonymizing the User Accounts of all Users using the Services,

(c)  Terminating the processing of personal data of the authorized individuals of the Client and Users for the purpose of using the Electronic system Seduo,

(d)   Terminating the Agreement without claim for compensation.

5.6  Cancelling the Administrator Account shall mean the Administrator Account will change to a regular User Account.

6.1  The Client acknowledges that the Services may be provided to the User only under the

following terms, which the Client undertakes to fulfil:

(a)  Using the Services is enabled to the Users based on successful Registration and creation of a User Account.

(b)  Prior to using the Electronic System Seduo, the User is required to complete their Registration via a link in the e-mail invitation sent by Alma Career.

(c)  Prior to creating the User Account, the User is required to grant consent to the “Terms of Use of Seduo for Users” and adhere to these terms, including any updates of such terms issued by Alma Career.

(d)   If the password to the User Account gets lost, it may be renewed via a User’s request sent to Alma Career by means of sending the hyperlink for restoring the password on the User’s e-mail address.

(e)   The User is entitled to use the Services from the date of Registration to the Electronic System Seduo until the expiry of the Agreement or the agreed term of providing the Services, unless the Client Profile or the relevant User Account has been cancelled earlier.

(f)  The Client and the Users are entitled to use the Services exclusively within the scope of the Agreement only for their own needs and for the fulfilment of the Client’s needs.

(g)  Using the Electronic System Seduo, or the Services or their parts is always allowed only to a particular User, who may not share their login data (non-transferable licence). The Client may remove the User from the Client Profile (thereby cancelling their User Account) and replace the User with the new User free of charge only if the User has not begun to use the Services during the term of the Agreement or if the relationship between the Client and the User was terminated; in other cases, the standard pricing terms for adding the User will apply.

(h)   The User may repeatedly view the content of the Service via the Electronic System Seduo, yet neither the User nor the Client is allowed to download the content of the Service (field of exploitation)..

6.2  Alma Career will make the Services available to Users without limiting the number of viewings of each lesson and without limiting the number of taking final tests and quizzes.

6.3  Alma Career is entitled to send e-mail and other notices related to the provision and use of the Services to User Accounts as well as to Administrator Accounts.

6.4  The whole content of the Electronic System Seduo is protected by copyright laws and regulations and other intellectual property rights, and Alma Career is the exclusive holder of these rights, or they belong to the licence provider, as the case may be. Granting access to the Service to the Client or the User does not provide any rights associated with capturing, displaying, reproducing and disseminating the form, image, representations, or image and sound records concerning the person (persons) acting within the digital content made available within the Services, nor the name, surname, or academic degree, including the processing and incorporation into an audiovisual work or for any other marketing purposes. Any such use is allowed only with the express consent of the authorised persons or in accordance with the applicable laws and regulations.

6.5  The Client must not allow the User to use the Electronic System Seduo or its part otherwise than for their own needs or for the internal needs of the Client. In particular, the User must not use the Electronic System Seduo or any part thereof by means of dissemination or copying or for further technical processing without a consent demonstrably granted by Alma Career. The Clients or Users are also prohibited from tampering in any way with the technical means or contents of the Electronic System Seduo.

6.6  In the event of a breach of the above terms, Alma Career is entitled to suspend or discontinue, as well as otherwise prevent access to the Service to the relevant User (including data deletion). In such cases, the Client is not entitled to any compensation from Alma Career.

6.7  The User Account and related data is kept with Alma Career for a period up to 3 years from the termination of the last Agreement on provision of the Seduo Service in order to allow the Client to access historical data if a new Agreement is concluded during this period and to allow Users to access certain historical data and to download acquired certificates. Alma Career will anonymize such data after the expiration of this period. The same period applies to data processed during the performance under Article 7 below.

7.1  If Alma Career and the Client agree to use the Seduo Service in the agreed extent through the LMS of the Client, these Product Terms and Conditions shall apply, unless otherwise stipulated in this Article 7. Articles 5 and 6.1(a) to 6.1(e) of the Product Conditions shall not apply in these cases. Otherwise Article 6 shall apply, with the reference to the Electronic System Seduo also meaning a reference to access to Seduo through the LMS of the Client, or the content of Seduo. A Client Profile, User Account or Administrator Account is not created, but the other provisions of these Product Terms and Conditions shall apply mutatis mutandis to the assignment of licenses within the LMS of the Client.

7.2  The use of the Seduo service through the LMS of the Client may require prior Client’s cooperation comprising of an integration of so-called SCORM packages and a connection of the Client’s LMS to Seduo according to the instructions of Alma Career. The Client’s LMS must send at least the LMS USER ID parameter to Seduo. Failure to provide cooperation by the Client does not affect the entitlement to payment of the price under the Contract. The Client is solely responsible for the LMS modifications and the functionality of the connection to Seduo.

7.3  Alma Career records the number of used user licenses. Assigning a user license to a specific User is the responsibility of the Client. The Seduo Service is made available to the User to the extent specified in the Contract based on User’s access to the Client’s LMS that is connected to Seduo; at the moment of making Seduo available to the User, the user license is used.

7.4  The Client is responsible for ensuring that all Users comply with the Seduo Product Terms for Users, which are available on https://almacareer.com/legal/pl/en/terms-of-use/product-terms/seduo.

7.5  The User is entitled to use the Services from the date of making it available by Alma Career and no later than until the expiration of the Agreement or the agreed period of provision of Services, unless access is restricted by the Client earlier.

7.6  Alma Career is entitled to send e-mail and other notifications related to the provision and use of Services to the contact details obtained during the conclusion of the Agreement.

7.7  The minimum technical requirements for the use of the Services by the Client under this Article 7 include a LMS compatible with the SCORM 1.2 and SCORM 2004 standards. The usability of the Services depends on the specific solution of the LMS and the technical equipment of the Client, and therefore Alma Career is not responsible for the usability of the Services by the Users.

8.1  The scope of the Services provided set forth in the Agreement applies until Alma Career discontinues the operation of the Electronic System Seduo or provision of the Service (or an online course in question). However, the User will have the right to use the Service (or an online course in question) at least for the term of the Agreement (usually at least twelve (12) months from the effective date of the Agreement).

8.2  If the Service does not have specified properties, the Client shall notify Alma Career, which may, at the Client’s request, grant access to new Services free of any defects to the Users, unless it is unreasonable due to the nature of the defect. If the defect affects only a portion of the Service, the Client may only request a new access to any such portion of the Service. If the Client fails to notify a defect without undue delay after it could have been detected as a result of timely inspection or due care (especially once the defect concerned has been reported by the User), the Client may be denied the right arising from defective performance.

8.3  Alma Career accepts complaints at pomoc@seduo.pl.

8.4  Alma Career resolves any complains within 30 days.

9.1  The types and scope of Services provided by electronic means by Alma Career to the Client are defined in the GTC.

9.2  The agreement for the provision of electronic services is concluded for the period indicated in Article 6.1(e) of these Product Terms and may be terminated by the Client in the cases indicated in Article 5.4 of these Product Terms or article 12 of the GTC.

9.3  It is forbidden for the Client or the User to provide unlawful content.

9.4  In order to be able to utilize the Services, the User needs to dispose of equipment and a

system meeting the following technical requirements:

Computers, mobile phones or tablets:

(a)   a computer with a web browser with cookies, local storage and JavaScript language interpreter enabled,

(b)  one of the most used web browsers in their latest released major version (e.g. Chrome 119.x.xxxx.xx) or previous major version of that browser.

Smartphones (mobile application):

(c) a mobile phone with iOS or Android operating systems (latest released major version or up to 3 years old version of the operating system),

(d) an Internet connection.

9.5  Legacy software and hardware not meeting requirements under Article 9.4 of the Product Terms may be able to be used to utilize the Services but in that event Alma Career shall not be liable for the unavailability or the performance of the Services.

9.6  These Product Terms constitute terms and conditions for provision of services by electronic means within the meaning of the Act of 18 July 2002 on provision of services by electronic means.

9.7  These Product Terms are valid and effective as of 1. 1. 2024.

Alma Career