PushtoLearn is a private, web-based online platform for life-long learning where Users (as defined below) can share and manage their knowledge in different ways. We offer Users the possibility to set up their own personal profile, create an online academy for educational institutions to create and publish their own content library, attend and publish online courses and participate in virtual classrooms, and related services (collectively, the "Service").

These terms of use ("Terms"), as they may be modified from time to time, govern your access and use of the Site and the Service. You agree that by registering for or otherwise accessing the Service, or by using the Site, you are entering into a binding legal agreement between you as an authorized user of the Site ("you" or "User") and PushtoLearn. By accessing the Service or using the Site, you signify that you have read, understood and confirm your acceptance of, and agree to be bound by, these Terms.

These Terms were last updated in May 2022 and replace any and all prior versions of these Terms or any other terms or conditions previously governing Users’ use of the Service and/or access to the Site. We reserve the right to amend these Terms at any time and without notice. If we do this, we will post the amended Terms on this page and indicate at the top of the page the date these Terms were last revised. Your continued use of the Site and the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Site or the Service. These Terms apply to all Users.

In order to access some features of the Service and the Site (such as tools and applications to invite, administer, teach, communicate, share and collaborate with other Users, as well as to promote an online course), you will need to register with PushtoLearn and create a PushtoLearn account (an "Account"). PushtoLearn offers its Users the possibility to create three types of Accounts: (i) a Student Account; (ii) a Teacher Account; and (iii) an Admin Account.

You may never use another User's Account without such other User's consent. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify PushtoLearn immediately of any unauthorized disclosure of your password or unauthorized use of your Account. Although the Site will not be liable for your losses caused by any unauthorized use of your Account, you shall be liable for the losses of PushtoLearn or others due to such unauthorized use.

While children under the age of eighteen (18) may use the Site only with the consent of his or her parent or legal guardian, please be advised that this Site is not directed or otherwise promoted for use by children under the age of sixteen (16). By using the Service, you represent that you are at least thirteen (13) years of age and have the requisite parental consent to use the Service as required herein. If you are between sixteen (16) and eighteen (18) years of age, you will need to have parental consent to use the Service. If you are below sixteen years of age, you should stop using the Site and Service immediately.

The personal information that you provide us with when you register with or otherwise use the Site, together with information regarding the manner in which you use the Site, will not be processed or disclosed by us, except as permitted by this Agreement and our Privacy Policy. We warmly recommend that you review PushtoLearn's Privacy Policy, which is hereby incorporated into this Agreement. In case of any inconsistency between these Terms of Use and the Privacy Policy, the latter shall prevail.

Be aware that by making your personal information available for viewing by third parties online - for example by putting it in your profile or contact information and allowing third parties to have access to it, by putting it on message boards, web logs, through email or in chat areas, etc. - such information can be seen, collected and used by others, even beyond our control, e.g., to send you unsolicited communications. You hereby release PushtoLearn of any and all responsibility and liability related to dissemination of your personal information you make available online through the Site or the Service.

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes.

LMS Accounts shall not include personal data/information such as social security or national identification numbers, driver’s license or passport numbers, financial account numbers, genetic or biometric data, health-related or insurance information, sex or gender information, racial or ethnic origin, or other similarly sensitive personal information. PushtoLearn will not be responsible or liable for any losses or damages resulting from your misuse, non-compliance, or violation of these Terms of Use; and such action may subject your Account to termination.

By using the Service, you agree to (a) maintain all equipment required for your access to and your use of the Site; (b) provide us with current, complete and accurate information as may be prompted by any registration form, and promptly update such information to always keep it current, complete and accurate; (c) maintain the security of your User identification, password and other confidential information relating to your Account; (d) notify us immediately of any unauthorized use of your password or unauthorized use of your Account; (e) abide by all applicable local, domestic and international laws and regulations in connection with your use of the Site and the Service, including those related to personal data protection; and (f) be responsible for all acts or omissions that occur under your Account or password, including the content of your transmissions through the Site and the Service and any unauthorized use prior to your notifying PushtoLearn of such use and taking steps to prevent its further occurrence by changing your password. It is technically impossible for PushtoLearn to determine with certainty whether any User registered with PushtoLearn is in fact the person he or she represents to be. Therefore, PushtoLearn assumes no liability for the actual identity of a User. Each User is solely responsible for verifying the actual identity of another User.

Either you or we may terminate your Account at any time, with or without cause. In any case, we reserve the right to cancel, suspend or refuse access to the Service to anyone in our sole discretion without prior verbal or written notice. After termination, you will no longer have access to your Account.

You are solely responsible for properly cancelling your Account. You can cancel your Account at any time by e-mailing infol@pushtolearn.com specifying the Account that you want cancelled. You may generate a backup of all of your content prior to cancelling your Account. In PushtoLearn's sole discretion, all of your User Content may be immediately deleted from the Site upon such cancellation. This information cannot be recovered once your Account is cancelled.

TERMINATION OF YOUR ACCOUNT ONLY TERMINATES YOUR ACCESS TO THE SITE AND THE SERVICES, HOWEVER, IT DOES NOT TERMINATE ANY ARRANGEMENTS YOU MAY HAVE ENTERED WITH OTHER USERS OR THIRD PARTIES THAT DO NOT INVOLVE PushtoLearn.

You acknowledge that the Site, the Service and all Content, including but not limited to text, data, designs, logos, trademarks, trade dress, software, sound, photographs, video, graphics, messages or other material, contained on, or in any way made available to you through, the Site or the Service is the property of PushtoLearn its licensors, the Users or other third parties and is protected by intellectual property laws and other applicable laws, all of which you may not infringe upon or violate, and shall use according to these Terms or as otherwise allowed by the holders of such Intellectual Property Rights. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Unless otherwise indicated on the Site, all trademarks, trade names, logos, designs and graphics appearing on the Site or the Service, and all copyrightable content and material contained on, or in any way made available to you through, the Site or the Service (the "Site Content") is the property of PushtoLearn and/or its licensors, which you may not modify, copy, reproduce, republish, upload, post, display, transmit, distribute, create derivative works from, license, transfer, sell, or make other use of in any way and by any means, in whole or in part, except that, provided that you are eligible for use of the Site, you may download and print a copy of any User Content to which you have legally obtained access, for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. The foregoing sentence does not apply with respect to any User Content that you may have legally posted on the Site or Service.

The Site and the Service also contain copyright-protected content and material owned and provided by third parties, such as online courses ("Third Party Content"). Such Third Party Content is the property of the parties that provided it and/or their licensors and may only be accessed and used by you in accordance to the terms set by its respective owners and/or licensors, as such terms shall be made known to you through links to the relevant web pages of such Third Party Content owners and/or licensors, or, as regards to other User Content, as such terms are stipulated in these Terms.

Any use of the Site, the Service or any User Content, Site Content or Third Party Content, other than as explicitly permitted hereunder, is unauthorized, may constitute a violation of Intellectual Property Rights and other proprietary rights and will result in the termination of your account with PushtoLearn and other penalties and remedies available under applicable law.

The Site and the Service may not be used for any purpose not expressly permitted by these Terms. In all cases, the use of the Site for illegal purposes is expressly and strictly forbidden and any User Content found to be or believed to be, in our sole discretion, violating the law may be removed without notice. You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted, transmitted, or shared by you on or through the Site or the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Especially, you may not, under any circumstances, use the Site or the Service to do any of the following: (a) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material or information that we deem to be unlawful (or that is unlawful under applicable law), harmful, defamatory, infringing, obscene, deceptive, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (b) threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) upload, publish, post, distribute, disseminate, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, surveys, contests, pyramid schemes, junk mail, spam, chain letters, or any other form of duplicative or unsolicited messages (commercial or otherwise); (d) harvest or otherwise collect information, including email addresses or other contact information, about others from the Service or the Site without their consent, especially for the purpose of sending unsolicited emails or other unsolicited communications; (e) upload, publish, post, distribute, disseminate transmit or otherwise make available any material or information protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or any contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service, or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (g) register for more than one User Account, register for a User Account on behalf of an individual other than yourself, register for a User Account on behalf of any group or entity that you are not authorised to legally bind to these Terms, or operate an account with PushtoLearn without a valid e-mail address; (h) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or interfere with or disrupt the Site or the Service or any servers or networks connected to the Site or the Service, or attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means, or use the Site or the Service in any manner that adversely affects the availability of its resources to other Users; (i) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including by falsely purporting to be a PushtoLearn employee or agent; (j) cause repeated disruptive incidents, or act, or fail to act, in your use of the Site, in a manner that is contrary to applicable law or regulation; or (k) upload, publish, post, distribute, disseminate, transmit or otherwise make available any material or information that would constitute, encourage or provide instructions for any illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law.

We reserve complete and sole discretion with respect to the operation of the Site and the Service. Especially, we reserve the right to change any and all Site Content, software and other items used or contained in the Site or the Service at any time without notice.

You represent and warrant that:

• You are of legal age or acting with the consent of your parents or guardians, and that you possess the legal right and ability to accept these Terms and to use the Site and the Service in accordance with these Terms.
• You agree to be financially solely responsible for your use of the Site and any of its services (as well as for the use of your Account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.
• You are not relying on any representation made by us that has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced.
• You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any PushtoLearn server does not contain any virus and will not, in any way, corrupt the data or systems of PushtoLearn or of any User or other person.
• You will keep secure any passwords used to download from or upload data to any PushtoLearn server.
• You will hold the necessary Intellectual Property Rights (including licenses thereto) and will continue to possess such necessary rights in any User Content you upload into the Site for as long as Users require access to such User Content you commercialized through the Site.
• You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page or similar Service, use on any other any web site or product or similar Service, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service, other than for use as contemplated in the Service in accordance with these Terms. This means, among other activities, that you agree not to deploy "robots" or "spiders" or to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
• You accept full responsibility for all information, User Content and other material you post and issue through the Site, and you will indemnify us and hold us harmless against (i) any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, and (ii) your use or misuse of the Site or the Service and the use or misuse of the Site or the Service by any person using your account. In particular, you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.

PushtoLearn SERVICES AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE MAKE NO, AND DISCLAIM ANY AND ALL, EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION, OPERATION, SAFETY OR SECURITY THEREOF. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, SITE CONTENT, USER CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE USER CONTENT OR THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, USER CONTENT OR MATERIALS AND USE APPROPRIATE SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN USER CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO ANY DEVICE OR SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USER CONTENT OR GOODS OR SERVICES PROVIDED BY ANY PushtoLearn USER, MERCHANT OR OTHER CONTENT PROVIDER. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE INTRUDER FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, RELIABILITY, COMPLETENESS, CURRENTNESS, TRUTHFULNESS OR ACCURACY.

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF PushtoLearn SERVICES. YOU AGREE THAT PushtoLearn AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR US (INCLUDING, WITHOUT LIMITATION, ISPs) WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, OR THE ACTIONS OR INACTIONS OF ANY OTHER USER, EXTERNAL INTRUDER, MERCHANT, CONTENT PROVIDER OR ISP OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF PushtoLearn HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT, SHOULD THE FOREGOING LIMITATIONS OF LIABILITY BE FOUND OR HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT WILL THE TOTAL LIABILITY OF PushtoLearn TO YOU FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE, WHETHER IN CONTACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU ACTUALLY PAID FOR THE PORTION OF SERVICE THAT CAUSED YOU DAMAGE OR LOSS.

YOU HEREBY RELEASE PushtoLearn AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUPPLIERS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR THE SERVICE, ON ANY THEORY OF LIABILITY AND ANY LEGAL GROUNDS, INCLUDING FOR ANY PAYMENTS MADE BY YOU RELATING TO GOODS AND SERVICES PURCHASED FROM OTHER USERS, MERCHANTS, CONTENT PROVIDERS OR ISPs, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SITE PROFILE OR ACCOUNT DATA, ANY TRANSMISSIONS OF DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY LOSS OF USE, DATA OR PROFITS, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, AND ANY SERVICES THAT ARE DELAYED OR INTERRUPTED.

Notices given by PushtoLearn to you will be given by your posted e-mail address, or by a general posting on the Site. In any matter requiring PushtoLearn's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of PushtoLearn. Notices given by you to PushtoLearn must be given by e-mail addressed as follows: info@pushtolearn.com or by conventional mail. Notices to PushtoLearn by conventional mail must be sent to the address, as appropriate, above written.

This Agreement takes effect on the date on which you first use PushtoLearn and continues until your Account is terminated either by you or by us. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ON THE SITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF PushtoLearn AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

PushtoLearn will (1) block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our Users, whether or not they have a registered account with PushtoLearn; and (2) permanently remove and discontinue service to any repeat offender. This policy shall cover all aspects of the Service provided by PushtoLearn.

These Terms, including PushtoLearn's Privacy Policy, any information provided by you during your registration process and any other documents that are incorporated into these Terms by reference, constitutes the entire agreement between PushtoLearn, as appropriate, and you with respect to your use of the Site and your Account, and it supersedes any and all other communications and proposals, whether oral or written, between PushtoLearn and you with respect thereto.

In the event one or more paragraphs of these Terms, or portions of any paragraph, are declared or adjudged invalid or void by a court of competent jurisdiction, such paragraph shall be narrowed and deemed effective only to the extent they are enforceable, and the remaining paragraphs of these Terms, or remaining portions of any paragraphs, will remain in full force and effect.

PushtoLearn is committed to resolving any issues that may compromise the security of our products and services as quickly as possible. We take security vulnerabilities very seriously and protecting client data is one of our top priorities.

If you have discovered a security vulnerability, we would appreciate if you could keep your findings strictly confidential and disclose the relevant information to us in a responsible manner, as described below.

How to report a security vulnerability?
If you think you’ve found a security vulnerability in PushtoLearn products, services or online platforms, please contact us immediately via email below: Email contact: info@pushtolearn.com

What to include in the report?
Please provide as much detail as possible. In particular, we would appreciate the following: - An explanation of the security vulnerability - A list of the products and services that may be affected (versions where applicable) - Steps to reproduce the vulnerability - Proof-of-Concept code or software - Test accounts you have created - URLs, IP addresses or infrastructure associated with the vulnerability (if relevant) - Your contact information, such as your organisation and contact name for ongoing communication

Please do not
- Take advantage of a security vulnerability - Access, delete or modify PushtoLearn or client data - Publicly disclose a vulnerability until it has been resolved - Download more data than necessary to demonstrate a vulnerability - Attempt to break into client accounts - Ask for compensation for your report - Use Social Engineering, Denial of Service or Phishing attacks

Next steps
Please maintain confidentiality and do not make your research public until we have completed our investigation and implemented patches or other mitigations.

PushtoLearn security team will endeavour to contact you within 72 hours of you reporting the security vulnerability and keep you informed on our progress towards resolving the vulnerability. We will notify you when the security vulnerability has been patched or mitigated, and add your name to our acknowledgments page if your vulnerability is valid.