"Account" means an account on the Plytix Academy Platform.
“Party” means either User or Plytix and “Parties” means both User and Plytix.
“Plytix Academy Platform” means Plytix’s cloud-based Academy learning platform,including
any cloud-based elements, modules, the relevant functionality, content (excluding User-Supplied
Content), concepts, features, and related documentation. This also includes all updates and
customizations.
“Plytix”, “we” or “us” means: Plytix SLU with its registered address at Alameda Principal 24, 2ª,
29005 Málaga, Spain.
“Privacy Policy” means Plytix’s Privacy Policy. The current version is available on this
Platform.
“Services” means all services provided or made available by Plytix under this Agreement. These
services are limited to the access and functionality of the Plytix Academy Platform.
“Site” means this particular website offered by Plytix.
“User” or “you” means the company, organization, or individual linked to the account that enters
into this Agreement with Plytix.
“User-Supplied Content” means any content the User creates or uploads to the Plytix Academy
Platform.
- The registration for an Account on the Plytix Academy Platform and the access to the
courses provided therein is free of charge. In order to be eligible to register for an
Account the User must have attained legal age to enter into this agreement. Plytix
reserves the right to exclude users who later turn out not to be of legal age at any time.
If the User opens an Account on behalf of an organization, the User warrants that they are
authorized by the organization to enter into agreements on its behalf.
- Upon creating the Account and accessing the content provided therein, the user agrees to
comply with all applicable laws and regulations.
- The User agrees to not (i) use the Platform or Contents for any illegal purpose; (ii) resell,
distribute, or sublicense the Platform or Contents; (iii) use the Platform or Contents for
the benefit of anyone other than themselves; (iii) use the Platform or Contents to build or
research a competing product or service; (iv) interfere with, impair, or disrupt the
Platform or Contents; (v) introduce any virus or programming routine which is intended
to disrupt or interrupt the use of the Platform, Services, or Plytix’s systems; (vi) modify
or create derivative works based on the Platform or Services; (vii) reverse engineer or
otherwise conduct research into the internal operations of the Platform; or (viii) use the
Platform in any way that goes around the features or functionality of their Account.
- Plytix has the right to suspend & delete any Account if (i) the User is using the Platform
or Contents in a way that breaks this Agreement or the law; (ii) the User’s Account has
been compromised or unlawfully accessed; (iii) the infrastructure of the Plytix Academy
Platform needs to be protected by suspending the Platform or Contents; (iv) the law
requires suspension; or (v) we deem it necessary in our sole discretion.
- The User may close their account at any time.
- In order to facilitate the use of the Plytix Academy Platform, Plytix reserves the right to
communicate with the User. The details of how we communicate and the purposes of our
communications with the User are subject to our privacy policy.
- The User explicitly agrees that Plytix may use their information for:
- Communicating with User about our other Services. We may send youinformation about our other Services and other items that may be ofinterest to you, allowing you to opt out at any time.
- Serving the User with Targeted Advertisements. We may serve youadvertisements that are targeted to your interests.
- Marketing and Selling to the User Generally.
- Plytix owns all rights, titles, and interests related to the contents on its Academy
Platform. Any modifications, upgrades, or developments to the contents on the Academy
Platform (“Improvements'') are owned exclusively by us. We also have the right to use
feedback provided by our Users about our Platform or Contents for any purpose.
- The Plytix Academy Platform may allow you to store and modify content. You may also
be able to communicate with other Users directly on our Platform. These data types are
referred to as “USer-Supplied Content.” User-Supplied Content will belong to you, but
you agree that during the time of our Agreement, you allow the Plytix to modify your
User-Supplied Content as necessary. The User also warrants that respect the rights of
other Users on the Plytix Academy Platform during any interactions.
- Within the extent permitted by law, the User acknowledges and agrees that (i) they
assume full responsibility for any loss that results from their use of the Plytix Academy
Platform, including any downloads from the Site; (ii) Plytix and its team won’t be liable
for any consequential, indirect, incidental punitive, special, or exemplary damages,
including any loss of data, profits, revenues, business opportunities, goodwill, or
anticipated savings under any circumstances, even if they’re based on negligence or
we’ve been advised of the possibility of those damages;
- In no instance will Plytix or its team be liable for any losses or damages the User suffers
if they use the Plytix Academy Platform in violation of these Terms, regardless of
whether Plytix terminates or suspends their Account due to this violation.
- The User agrees to indemnify and hold Plytix SLU, its associated companies and all of its
directors, employees, contractors and agents harmless from any losses, damages,
judgments, fines, and costs, including legal fees and expenses, in connection with any
claims arising out of or relating to (i) their use of the Plytix Academy Platform and
Contents; (ii) their violation of any laws or regulations; (iii) third-party claims that the
User or someone using their password did something that, if true, would violate any
terms of the Agreement; (iv) any misrepresentations made by User; or (v) a breach of any
representations or warranties User has made to us.
- Plytix will notify the User in writing within thirty (30) days of becoming aware of any
indemnifiable claim; give the User sole control of the defense or settlement of such a
claim; and provide the User (at their expense) with any and all information and assistance
reasonably requested by User to handle the defense or settlement of the claim. The User
will not accept any settlement that (i) imposes an obligation on Plytix; (ii) requires Plytix
to make an admission; or (iii) imposes any liability not covered by these indemnifications
or places restrictions on Plytix without our prior written consent.
- Plytix takes your privacy seriously. To learn more about how we protect your right to
privacy under the GDPR, CCPA and other privacy laws, please visit our privacy policy
(https://academy.plytix.com/privacy)
- The Contents of the Plytix Academy Platform and this Agreement will be governed by
and construed in accordance with Spanish law regardless of any conflicts of laws
provisions.
- Plytix may end this Agreement and the User’s access to the Account at any time and
without cause.
- Any dispute related to this agreement that cannot be settled amicably between the parties
within thirty (30) business days after one party receives notice from the other party must
be settled at the Spanish Court of Arbitration (Corte Española de Arbitraje) located in
Madrid, Calle Ribera del Loira, # 12 or online at: https://www.cearbitraje.com/en/cea-
online-platform. The notice needs to include a detailed description of the dispute along
with all available documentation related to the dispute. The Spanish Court of Arbitration
(Corte Española de Arbitraje) will follow the Rules of Procedure of the Spanish Court of
Arbitration that are in place at the time that the arbitration proceedings begin.
- There will be a total of three (3) arbitrators. Each Party will appoint one arbitrator. These
arbitrators must be appointed within 30 business days of submitting an application for
arbitration or of receiving notice of arbitration. The third arbitrator (who will act as
chairman of the arbitral tribunal) will be nominated by agreement between the two
Parties within 15 business days of the second arbitrator’s nomination.
- If a Party fails to appoint an arbitrator, or the two Parties fail to jointly agree on and
appoint the third arbitrator acting as chairman, within the deadlines stated above in this
clause, then the Spanish Court of Arbitration will choose an arbitrator for that Party
and/or the third arbitrator acting as the chairman.
- The arbitration proceedings will take place in Madrid, and the language of the
proceedings will be English.
- Information related to the arbitration proceedings, including information on any decision
or arbitration award, will be considered as Confidential Information, and may not be
disclosed by a Party except to their respective legal counsel.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
