Terms and conditions

2.1. These general terms and conditions apply to all products / services that the user can benefit from through the information provided on the provider's website and the functionalities of the LerniOut online platform.

2.2. The provision of online products / services offered by the provider is limited to the description and functionalities set by the provider and does not include the provision of services and assistance other than the scope of the foregoing, unless individually agreed between the parties.

3.1. "Site" – an Internet resource accessible through the domain lerniout.com

3.2. "Sale Agreement" - a contract concluded through the Site between the Merchant and the User for the purchase of the Services specifically offered by the Merchant. Any use of "Sales Contracts" or similar phrases will be synonymous with "Sales Contracts for Goods / Services".

3.2.1. "Remotedly signed contract" means any contract concluded between a trader and a consumer as part of an organized distance selling or distance provision service without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication.

3.3. "Online service" - the services provided by the Merchant are services of the information society within the meaning of the Electronic Commerce Act. The Consumer Protection Act is applicable to them, according to the Bulgarian and European Regulations.

3.4. "Merchant" - an individual or legal entity person who by profession provides a service subject to his proposal, published on the Site.

3.5. "Partner" is any person with whom LerniOut.com is in a contractual relationship, which has the right to provide additional information about its products / services to users of the site.

3.6. "Parties" - parties in the legal relationship arising from the purchase of products / services in the platform "LerniOut" are "Provider" presented by "MAGNIC SOFTWARE" Ltd. and "Administrator" within the meaning of item 3.8.1 of these General Terms and Conditions.

3.7. "User" - any person who has visited and used the Site and its information system.

3.8. "Consumer" - User of the Site who has registered in order to purchase and use the services and / or products offered by the provider, as well as users registered only to use the products / services, which persons are classified in the following subgroups:

3.8.1. "Administrator" - Consumer, who purchases from the provider the services selected by him and pays the appropriate price in the manner provided in this General Terms, thus gaining active access to the functionality of the platform;

3.8.2. "Editor" – Consumer registered by the Administrator, who gains access to the platform functionalities in addition and limitation of the package and services purchased by the Administrator.

3.8.3. "Client User" – Consumer registered in the online platform by the Administrator, who gains access to its functionalities in accordance to the Administrator’s package of services and Editor’s limitations.

4.1. These General Terms and Conditions governing contractual relations between the parties and third parties are concluded in accordance with the requirements of EU GDPR 2016/679 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in the processing of personal data and for the free movement of such data and repealing Directive 95/46 / EC), in compliance with the principles and rules of the GDPR on data protection lawfully, fairly and transparently with regard to the data subject.

4.2. The Provider has the right to collect and use information about Users within the meaning of these General Terms in order to be properly identified by: name, surname, email address, physical address, telephone, and any other information that the person provides voluntarily when filling out the form for contact and subsequent documents accompanying the work process.

4.3. The Provider takes due care and is responsible for protecting the information about the User, which became known to him in connection with his activities, subject to these General Terms, except in cases of force majeure, accidental event or malicious acts of third parties.

4.4. The Provider collects and uses the information under the previous points for the purposes provided in these General Terms and Conditions.

4.5. By accepting these General Terms and Conditions, the User gives his explicit consent to the processing of personal data provided by him for the purposes of this agreement.

4.6. By pressing the virtual button "I accept" / "I know" or a button with an equivalent name, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms, accepts them and obliges to observe them. By recording it on an appropriate medium in the server of the Provider, through a generally accepted standard for conversion in a technical way, making it possible to reproduce, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. The Provider may store in log files on its server the IP address of the User, as well as any other information necessary for its identification and reproduction of its electronic statement of acceptance of the General Terms in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet on the website of the Provider in a way that allows its storage and reproduction.

4.7. Upon registration, the User undertakes to provide correct information about his identity and other data required by the electronic form.

5.1. The types of services and products provided by the Provider are comprehensively presented and available after registration in the online platform LerniOut, and are generally divided into the following two groups:

• "Trainings" – The Provider provides the "Administrator" with online space within the LerniOut platform funcionalities for organizing individual and group trainings, seminars and educational practices, together with different packages and services, according to the service package and / or subscription plan the Administrator has purchased.
• "Catalog" – The Provider provides the "Administrator" with online space within the LerniOut online platform where the Administrator can publish for the means of advertising purposes information about its activities, professional expertise, areas of activity, its courses and seminars, as well as personal contacts.

5.2. The administrator can configure different functionalities and parameters for each of the product / service groups that the LerniOut platform provides.

5.3. The administrator can request / purchase a one-time service / product or request a subscription service by configuring the parameters and limitations of the respective product.

5.4. The administrator may at any time purchase "additional products" through which to gain access to additional features of the platform or increase current limits related to already purchased and active ones.

6.1. To conclude the contract it is necessary for the User to register online in order to receive a username and password (user profile) in the LerniOut platform:

6.1.1. For the purposes of registration it is necessary to provide the following information: for individuals : name, phone, email and individual address, and for legal entities additionally to the previously listed: a unique identification number and accountable person for the means of invoice providing.

6.2. After registration, the Provider provides the Consumer with 7 (seven) -day trial period , during which the Consumer has free access to the services, products and functionalities offered by the platform. During this period, the Consumer has the opportunity to get acquainted with the functionalities of the platform and to make an informed decision in connection with the purchase of relevant services / products. After the free trial period, access to the platform's functionality is automatically terminated.

6.3. The Contract is considered concluded and enters into force from the moment the Consumer (Administrator) confirms his agreement with these General Terms and Conditions and pays the price corresponding to the selected services / products.

6.4. The Provider provides the Consumer (Administrator) with full access to the purchased services / products after payment of the due price, at which point the service is considered fully provided within the meaning of Art. 57, item and item 13 of the Consumer Protection Act of the Republic of Bulgaria, therefore by accepting these General Terms and Conditions the Administrator declares that he is aware that he loses his right to withdraw from the distance contract.

7.1. The services and products described in Section V are listed on the site with a fixed price for performing a specific online service, with a specified functionalities of the selected package.

7.2. The indicated prices are calculated on a monthly basis and their one-time payment allows one-month access to the platform's functionalities.

7.3. The prices for the provided services and / or products are with a fixed price, indicated in the respective currency in the online platform LerniOut, and are without incl. VAT.

7.4. The administrator pays the supplier the price for the selected products / services in full, at which point the online order is considered complete.

7.5. In case the Administrator wishes to perform additional services outside the scope of the ordered ones, he can purchase additional services / products at any time.

7.6. Methods of payment: The agreed price is paid by bank transfer to a bank account provided by the Provider or by money transfer through the online payment platform "Stripe";

7.7. The provider reserves the right to unilaterally make changes and updates to prices. The changes will not affect services that have already been paid for by the Administrator.

7.8. The Administrator declares that he is aware of and accepts that the Provider has no financial relationship with the "Editors" and "Client Users" within the meaning of these General Terms, the Provider is not responsible for settling internal relations between them and that all claims and possible disputes arising in the course of work should be addressed only to the Administrator.

8.1. After completing the registration in the LerniOut platform, the Administrator has a 7 (seven) day test period, during which he has free access to the overall functionalities of the platform.

8.2. After the expiration of the test period under item 8.1. the administrator can access the platform only after paying for the selected services / products.

8.3. The minimum payed period for gaining access to the platform is 1 (one) - month, as all prices are calculated on a monthly basis, according to the conditions of item 7.2.

8.4. The platform provides an opportunity for subscription service, within which:

8.4.1. The administrator may request automatic renewal of access to the requested functionalities;

8.4.2. The administrator may at any time add additional products that are automatically added to the paid subscription plan;

8.4.3. In the event that less than the minimum set monthly period remains from the paid subscription plan, the price of the additional products shall be calculated on a full month basis and no proportional recalculation shall be made on the basis of the remaining period.

8.4.4. The payment of the selected subscription is made by bank transfer or through the money transfer payment platform "Stripe":

8.4.4.1. When making a payment by bank transfer , the Administrator may request a subscription service lasting from 1 (one) to up to 12 (twelve) months, for which he makes a one-time advance payment;

Within 15 (fifteen) days before the expiration of the prepaid subscription, the Administrator has the opportunity to request renewal of the subscription for the next period lasting from 1 (one) to up to 12 (twelve) months by configuring the respective products / services.

When making an advance payment by bank transfer, the Administrator has no right to cancel the concluded subscription contract, according to the terms of item 6.4 of these General Terms.

8.4.4.2. When making a payment through the Stripe platform , the Administrator may request an automatic renewal of the selected subscription, whereby the online payment platform automatically collects on a monthly basis the corresponding amount from the bank account, specified by the Administrator.

When subscribing to the Stripe platform, the Administrator may at any time opt out of automatic renewal by clicking the "Stop automatic subscription" button through his LerniOut account. The waiver of automatic renewal shall take effect from the end of the current paid month.

8.4.5. When subscribing to the requested subscription service, the Provider does not collect information about the bank accounts of the Administrator. All personal data provided by him are processed only by the online payment platform "Stripe", respectively by the servicing bank of the Administrator.

9.1. The Provider has the following rights, obligations and responsibilities:

9.1.1. To provide the Administrator with full access to the functionalities of the LerniOut platform according to the parameters selected and paid by him.

9.1.2. To provide assistance to the Administrator in the form of timely support and troubleshooting related to the operation of the online platform LerniOut, requested from the Administrator by the support email:

9.1.3. To observe the storage of personal data provided in the course of registration, in accordance with Bulgarian and European legislation.

9.1.4. To change, supplement, add or terminate additional services, applications or functionalities of the online platform LerniOut at its discretion, without notice and at any time.

9.1.5. In order to improve the quality of the Service, to perform prevention, troubleshooting and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.

9.1.6. To monitor the Account of each Consumer in order to comply with these General Terms, the law or good manners, the Provider has explicitly the following rights:

• Refuse to provide and / or terminate access to the LerniOut online platform to any User who performs actions and / or provides content that violates these Terms and Conditions, the law or good manners.
• To block access to the platform, as well as to remove all illegal materials (pornography, copyright infringement), texts, photos and videos, external links (links), including deactivating the user account at its discretion.
• To perform inner deactivation of an account, upon receipt of 3 (three) successive reports submitted by any Consumer who has witnessed violations under item 9.1.6, which violations have not been promptly removed by the Administrator.
• When deactivating an Administrator's account, the online platform automatically deactivates the access of all users connected to the Administrator (Editors and Client users);

9.1.7. The provider is not responsible for any damages and lost profits, and does not owe reimbursement of payment in the cases under item 9.1.6.

9.2. The administrator has the following rights, obligations and responsibilities:

9.2.1. The Administrator is considered a Party of the distance signed contract of sale of products and services provided through the online platform LerniOut;

9.2.2. The Administrator is obliged to pay the Provider the appropriate price for gaining access to the online platform LerniOut, as well as to monitor the expiration of paid services and subscriptions.

9.2.3. The administrator determines the number of "Editors" and "Client users" according to the respective activity and individual needs, and then pays the respective price for obtaining the necessary online space and functionalities of the LerniOut platform.

9.2.4. Payments between the Administrator, Editors and Client Users are organized by the Administrator. The Provider is not responsible for them and they are performed outside the online platform LerniOut in the order, manner and terms determined and agreed between the Users.

9.2.5. The Administrator is the organizer of the activities that other Consumers ("Editor" and "Client User") will use and implement and is responsible for the inclusion and distribution of Editors, respectively Client users, in courses and groups.

9.2.6. The Administrator organizes the registration of "Editors" and "Client Users" by adding them to his account in order to provide access to the online platform "LerniOut", as follows:

• For the purposes of registration, the administrator should specify: name, email address, the course and the group to which adds the respective Consumer.
• After being added to the Administrator's account, the "Editor" and the "Client User" receive a temporary access password at the e-mail addresses indicated by them, which is valid for up to 3 (three) days.
• Within the specified period, the respective Consumer must access the platform and change his / her temporary password, for security reasons.
• In case the respective Consumer has not accessed the platform and has not changed his password within this period, it is automatically deactivated. In this case, the Consumer should make a written request to the online platform LerniOut to generate a new temporary password, which service is performed automatically.

9.2.7. The Administrator is responsible for the written content published by the Editors, attachments (texts, videos, audio and photos, images, etc.), external links (links), and undertakes to control them:

• The Administrator has the right to suspend the access of "Editor" and / or "Client User" in case of established violation of the rules established in these General Terms and Conditions.
• In case the Administrator does not fulfill his obligations under the previous points, the Provider has the right to perform inner deactivation of an account, according to the conditions of item 9.1.6.
• In case the Editor’s access to the LerniOut online platform is deactivated, the Administrator undertakes to redistribute the "Client Users" to the other "Editors" from the administrator account, otherwise the access of the "Client Users" is suspended.

9.3. The "Editor" has the following rights, obligations and responsibilities:

9.3.1. The Editor gets access to the online platform after being added by the Administrator to his user account and after registration completed under item. 9.2.6.

9.3.2. The Editor has the right to organize and publish materials within the specific activity / course in which has been added by the Administrator through his administrator account.

9.3.3. The LerniOut platform provides the Administrator with the ability to set up Shared Resources functionality, in which case Editors included in a shared Administrator Account can access material published by other Editors within the same Administrator Account and course.

9.3.4. The LerniOut platform gives the Editor the ability to control the level of access of the respective Client Users to the curricula related to the courses they attend. In this case, the "Editor" can organize the activity by providing "Client users" the following levels of access:

• By providing full access to "Client Users", through which all content included in the respective program (by lessons), published by the Editor is visible and accessible at any time.
• By providing step-by-step access to the "Client Users", in which case the "Editor" organizes the step-by-step publication of the lessons included in the program of the respective course and controls the access of the "Client Users" to the shared information.

9.3.5. The Editor declares that accepts and undertakes to comply with these General Terms and Conditions, and that is responsible for the content and materials he/she publishes.

9.3.6. By accepting these Terms and Conditions, the Editor declares that is aware of and accepts that he/she has no right to publish inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, criminal or defamatory content, as well as to send by mail or otherwise spam or unauthorized advertising, advertising materials, spam, chain letters, pyramid schemes or any other form of attracting customers (commercially or otherwise), through products provided by the online platform LerniOut or its Users.

9.3.7. The editor undertakes to use the platform only for the purposes for which it was created, namely: organizing and conducting online individual and group training, educational courses, seminars, lectures, etc.

9.3.8. The editor is responsible for the availability of the necessary qualifications, professional expertise and professional qualities to conduct the relevant activities.

9.3.9. The Editor declares that he/she is familiar with the conditions of items 9.1.6 and 9.2.7, according to which his/her access to the online platform may be officially deactivated in violation of these General Terms and Conditions, the law and good manners.

9.3.10. The Editor declares that he/she is familiar with and accepts that there aren’t any financial and contractual relations between him/her and the Provider and all claims and possible disputes should be addressed only to the Administrator.

9.4. The "Customer User" has the following rights, obligations and responsibilities:

9.4.1. The "Client User" receives access to the online platform "LerniOut" after being added to the user account of the Administrator (according to item 9.2.6).

9.4.2. The LerniOut platform allows the "Client User" to evaluate the courses in which he/she is currently added.

9.4.3. The "Client User" has the right to publish comments that are subject to monitoring by the Provider in accordance with the provisions of item 9.1.6.

9.4.4. The "Client User" has the right to submit direct signals / reports to the Provider in case he/she witnesses content, in violation of these General Terms and Conditions, legal provisions and good manners, expressed in the publication of texts, photos and videos, external links to pornographic materials, copyright infringement, etc.

9.4.5. The "Client User" declares that he/she is aware of the conditions of items 9.1.6 and 9.2.7, according to which his / her access to the online platform may be officially deactivated in violation of these General Terms, the law and good manners.

9.4.6. The "Client User" declares that he/she is familiar with and accepts that there aren’t any financial and contractual relations between him/her and the Provider and all claims and possible disputes should be addressed to the Editor, respectively to the Administrator.

9.5. General provisions for Users of the LerniOut platform:

9.5.1. By accepting these General Terms and Conditions, all Users who have access to the online platform "LerniOut" declare that they are over 18 years old.

9.5.2. Users under the established age can access the online platform "LerniOut" only with the consent of a third party - parent or guardian who has agreed to these Terms and Conditions and who is responsible for their compliance and implementation.

9.5.3. Each user is responsible for maintaining the confidentiality of their account, username, password and for all activities related to or occurring within the created account. The user declares and guarantees that the information in their account will be accurate and up-to-date. The user undertakes to notify the Provider immediately of any unauthorized use of his user account or other security breach. The user is responsible for terminating the online access to the platform by pressing the "exit" button after the end of each use, in order to prevent malicious actions by third parties.

9.5.4. All Users using the online platform "LerniOut" declare that they are aware of and have no right to transfer their registration to third parties without the consent and permission of the holder.

10.1. The intellectual property rights over all materials and resources located on the Provider's website (including available databases) are subject to protection under the Copyright and Related Rights Act and belong to the Provider or the respective Consumer. They may not be used in violation of applicable law by third parties, in their capacity as visitors to the website or customers within the meaning of these General Terms and Conditions.

10.2. Copying or reproduction of information outside of the permissible, and any other violation of intellectual property rights on the resources available within the platform LerniOut, entitle the violated party to claim compensation for direct and indirect damages in full.

10.3. Users and Consumers of the site have no right to reproduce, change, delete, publish, distribute and otherwise disclose the information resources provided on the site of the Provider.

11.1. In the event that any of the provisions of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

11.2. In the course of the contract, the Provider has the right to engage third parties in the organizational process and maintenance of the online platform in order to fulfill the commitments.

11.3. Except in the cases provided in these General Terms and Conditions and the law, the contract between the parties shall be considered as terminated in case the Provider as a legal entity shall be terminated or in case of termination of the maintenance of its website, in which cases each party must fulfill its obligations to date, if possible.

11.4. The Provider undertakes to notify the Users in case of changes in these General Terms and Conditions within 30 days from the occurrence of this circumstance at the e-mail address specified by the User and / or by sending a message within the LerniOut platform.

11.5. All disputes arising out of or relating to these General Terms and Conditions, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, will be settled by negotiation and mutual agreement. In case of failure to reach an agreement, disputes will be resolved in court, in accordance with the provisions of Bulgarian law and the relevant European regulations.

This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.

11.6. By accepting these General Terms and Conditions, the Users agree that the communication with the Provider and all notifications, agreements and will be made electronically through the contact e-mail addresses listed on the site.