Terms of Service 2022 09 27

General Provisions

1.1 By using the Sulitest Impact services and making use of a Sulitest Account (the "Account") and all its related features, (the "Services"), the User agrees to be bound by the following terms of service (the "Terms"). These Terms cover all present and future features provided by the Account. The Services are operated by Sulitest Impact ("Service Provider").

1.2 If the User agrees to these Terms on behalf of a company or another legal entity, the User represents that they have the authority to bind such entity, its affiliates, and all Users who access the Services through the Account to these Terms. In the absence of such an authority, the User is not authorized to use the Services.

The Terms of Service Provision

I. User Registration

The Services registration is voluntary and free of charge. It can be completed 24 hours a day, 7 days a week.
As far as the Services provided are concerned, there are two User categories:

a) Organization User – A person with the status of:
- A teacher, i.e., a person who, depending on the User's legal system, is engaged in activity which is defined as a teacher, an educator, or any other pedagogical employee hired at schools.
- An employee of a public or a non-public university within the provisions of the User's legal system.
- A representative of a company or another legal entity.
b) Individual User – Any non-representative of organizations
By completing Registration on the Services, the User declares that they are prepared to conclude an Agreement, and the personal data which they have provided is accurate and complete and does not infringe on any rights of any third parties. In case of any changes within this scope, the User should immediately notify the Service Provider of the above.
The Services are provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an Account. The Services are provided exclusively to persons. Accounts registered by "bots" or automated methods are not authorized and will be terminated. Each user is solely responsible for all actions performed through the Services.

II. User Account

The Service Provider distinguishes two categories of Accounts that can be created:

a) An Organization account;

b) An Individual account.
An Organization Account having individual features as per the User's preferences is available only after an agreement with the Service Provider. This will require the User to complete a separate agreement with the Service Provider.
The Service Provider reserves the right to refuse to create an Account, block an Account, or delete an Account if:

a) The Account Name is already being used on the Services;

b) The Service Provider discovers or learns from a reasonable and credible source that an Organization User does not comply with the requirements stated in the Terms and Conditions, or that their Account is being used for commercial purposes;

c) The Service Provider receives reasonable and credible information that the User is using the Account in a way that is against the law, shows disregard for common decency, or violates any personal rights or legitimate interests of any third parties.

In this case, the Service Provider will immediately inform the User, via the e-mail address that was provided during Registration, that their account will be deleted.
The User is not allowed to share an Account with any third parties.

III. The Type and Scope of the Services Provided Electronically by the Services.

The Service Provider provides two types of Services to the Users:

a) Free of charge services.

b) Paid services.
The Services are provided to the User upon:

a) The correct registration and activation of an Account — in the case of the Services which are free of charge;

b) The User making a payment — in the case of the Services which must be paid for.
The Services provided electronically via the sulitest.org website includes:

a) The possibility of maintaining an Account on the Services;

b) The option to create new Tests or manage already existing online Tests;

c) The ability to make the online Tests available to selected Individual Users;

d) The ability to have Individual Users complete the Online Tests.
Using the Services referred to in par. 3 a), b), c), d) is possible only after a User completes their Registration and activates their Account.
The Services referred to in par. 3 a), b), c), d) are available to the Users as free services or as part of the paid services.

IV. Authorized use of the Services

The User agrees not to use the Services for any illegal or prohibited activities. The User also agrees not to disrupt the Service Provider's networks and servers in the User's use of the Services.
Moreover, The User agrees not to use the Services to send junk mail, bulk emails, or mailing list emails that contain persons that have not specifically agreed to be included on that list. The User agrees not to use the Services to store or share content that violates the law or the rights of a third party.
Having multiple free accounts is not considered acceptable use of the Services (e.g. bulk signups, a large number of free accounts created by a single organization or individual). Abusive registrations of aliases for third-party services are also not acceptable. Free accounts must also only be created and maintained by their effective users (e.g. it is not acceptable to create accounts in anyone else's name and later transfer credentials to that third party).
Any Account found to be committing the above-mentioned activities will be immediately suspended or deleted.
Trading or selling a Sulitest account to a third party is prohibited and the Service Provider reserves the right to suspend infringing accounts. This rule does not apply to Sulitest Impact Organization Accounts, which can be sold or traded exclusively through the Service Provider. The Service Provider has no obligation to store or forward the contents of terminated accounts. The Service Provider also has no obligation to store messages or contents for accounts.
The Service Provider may also terminate Accounts that are being used for illegal activities that are not listed in the present section, particularly in response to orders from the competent authorities informing of such illegal activity.
Although it is not current practice, the Service Provider reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of three months or more.

V. Concluding and Terminating an Agreement.

When filling in the Registration Form and creating an Account, the User is asked to get familiar with the content of the Terms and Conditions and to approve its provisions.
Once the Registration Form is filled in, the Service Provider sends a message to the e-mail address specified by the User, and the message contains an Account activation link. The activation of an Account takes place when the User clicks the activation link, which confirms the creation of an Account.
The above is equivalent to a User giving their consent for starting the provision of the Services before the deadline for withdrawing from the Agreement for the provision of Services by electronic means.
The User receives, in the form of an e-mail message sent to the address specified by the User, a confirmation of:

a) The creation of the Account;

b) The submission and acceptance of an order for completion (applicable only to the services available as part of the paid services);

c) Starting the provision of the Services.
An Agreement for the provision of Services by electronic means is considered as concluded once the User receives an e-mail message as described in par. 4 herein.
The User gets access to their Account via an e-mail address (login/username) and a password.
An Agreement for the maintenance of the Account on the Services is concluded for an indefinite period and does not include any financial liability for the User.

VI. Entrustment of Personal Data

The Organization User can be a controller of the personal data of the Individual User should the Organization facilitate the use of Services for Individual Users, or they process the entrusted data on the behalf of another controller, or controllers, which means that the Organization User controls the manner of the collection and using of the personal data of the Individual user, and they are responsible for this.
The Organization User declares that they have determined the legal basis for the processing of the personal data of the Individual User, collected via the Online test forms.
As the controller of the personal data of the Individual Users, or as a processor, the Organization User entrusts the Service Provider with the processing of the personal data of the Individual User.
Sulitest Impact hereby declares that it obliges to use the personal data only to the extent which is necessary to provide the services specified in the Terms and Conditions, as well as for the purposes specified herein.
In accordance with the regulations relating to personal data, Sulitest and the Organization User conclude a contract for the implementation of organization and technical measures to protect the personal data which are processed by the Services.

3. The User's Rights and Obligations

I. The User's Obligations.

The User is obliged to comply with the Terms and Conditions.
The User is forbidden to post using the Services any content of an erotic or pornographic nature. The User is also forbidden to post any content which violates any legal or moral norms, which depicts or propagates violence, hatred, or discrimination (racial, cultural, ethnic, religious, philosophical, etc.), or which violates the personal rights or insults the dignity of other persons.
The User is forbidden to post using the Services any content that is against the law. The User is also forbidden to post content that does not display good manners; in particular, content that violates the personal rights or insults the dignity of other persons, as well as any spam content (e.g., links to other websites, illegal software, or any information regarding the acquisition thereof).
The User using the Services is obliged to refrain from copying, modifying, distributing, transmitting, or using in any other way, any of the content and the databases which have been made available on the Services, with the exception of when the User is given express permission by the Service Provider.
The User cannot act to the detriment of the Services or of the other Users (e.g., by attempting to break into the Services or the Account of another User).
The User obliges not to proceed with any actions which unjustifiably burden the Services infrastructure.

II. The User's Rights.

To use the full functionality of the Services, the User has the right to appropriately configure their Account and the option to use the paid services, which guarantee additional functionalities within the created Account.
Through the created Account, and with the forms available on the Services, a User can:
a) Complete Tests created as part of the Services;
b) Make online Tests available to a selected group of Users;
c) Manage the conducted online Tests via the Services;
d) Create and add online Tests, as long as they are compliant with the applicable law, with good customs, and with the principles of social coexistence.

4. Service Provider's Rights and Obligations

4.1. The Service Provider obliges to exercise due diligence when providing the Services.

4.2. The Service Provider reserves the right to introduce limitations on the use of the Services during periods of necessary maintenance work, work to improve the functionality of the Services, and work to improve its technical service. However, the Service Provider also obliges to make every effort to ensure that the above-mentioned are as brief as possible.

4.3. The Service Provider reserves the right to modify the Terms and Conditions. Any changes made shall enter into force once they are published on the www.sulitest.org website or any related websites. Any activities completed by the Users prior to changing the Terms and Conditions shall be considered as per the provisions which were applicable at the given time.

4.4. A User who does not agree to the new Terms and Conditions may stop using the Services.

4.5. The Service Provider reserves the right to apply admonitions, temporarily suspend, and ultimately to delete the Accounts of Users who break the provisions of the Terms and Conditions with their actions, hinder the use of the Services by other Users, or use the Services provided within the scope of the Services contrary to their intended purpose.

4.6. The Service Provider reserves the right to remove any content which violates the provisions of the Terms and Conditions.

4.7. The Service Provider may block access to the User's online Tests if they contain content that is contrary to the law, contrary to decency, racist, pornographic, insulting to the User, phishing, collecting unreasonable personal data, or is inconsistent with the Service Provider's interests.

4.8. The Service Provider reserves the right to fully limit the User's access to the Services functions and online Tests, as well as to the collected results of the Tests once the Paid Services have expired.

4.9. Users may use the following e-mail address, support@sulitest.org to report any content which blatantly violates the provisions of the Terms and Conditions.

5. The Protection of Personal Data

5.1. The protection of personal data on the Services takes place on the basis of the provisions of Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and the French Data Protection Act as amended on the protection of personal data, as well as any other relevant provisions regarding the protection of personal data.

5.2. The Controller of the personal data is Sulitest Impact. An Organization User can act as a joint Controller through the provision of the Services.

5.3. The User can access their own personal data in order to verify, modify, or delete such data from the Service Provider's database. They can do this via their Account or by sending a message to the following e-mail addresses: support@sulitest.org.

5.4. Personal data is processed by the Service Provider only for the purpose of the proper implementation of the provision of the Services as referred to in par. 2. III. of the Terms and Conditions.

5.5. The Individual User’s personal data is used for the purpose indicated by the User, who shares an online Test via the Services.

5.6. The personal data of the Users can be made available to other persons or institutions for marketing purposes only after obtaining the explicit consent of the User.

5.7. For detailed information regarding the protection of the personal data of the Users, please refer to the Privacy Policy.

6. Complaints

6.1. Users may file a complaint if the Services outlined in the Terms and Conditions are not implemented by the Service Provider, or if the Services are implemented contrary to the provisions of the Terms and Conditions.

6.2. A complaint should contain the following: name and surname of the User, their e-mail address, the date of noticing, a description of the objections which are being raised, and the request of the claimant.

6.3. Should the data or information provided in the complaint require any supplementation, the Service Provider, prior to processing the claim, will contact the person submitting the claim and ask them to supplement the information within the specified scope and deadline.

6.4. The Service Provider is obliged to take a stand regarding the claim submitted by the User regarding the functioning of the Services within 30 days from the date of submission.

6.5. In case a complaint is considered a justified one, the Service Provider shall return the price of the paid Services within 14 days to the User's bank account, or to the User's payment card in the case of an authorized payment system.

6.6. A reply to the complaint is sent to the e-mail address specified by the User.

6.7. Any complaints regarding the functioning of the Services should be sent to the following e-mail address: support@sulitest.org.

7. Terms of Payment

7.1 Due to their nature, the paid Services provided by the Service Provider are generally non-refundable and any refunds or credits given will be at the sole discretion of the Service Provider. Users who are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

7.2. If the Service Provider chooses to issue a refund for any reason, the Service Provider is only obligated to refund in the original currency of payment. If the User request a credit balance to be converted between different currencies which the Service Provider supports, the Service Provider has discretion over the exchange rate applied.

7.3 Subscriptions are paid on a monthly or yearly basis, depending on the selection. After the initial term, the subscription is renewed automatically for the same duration until cancelled by the User. Credit balances are automatically deducted accordingly. The User is responsible for keeping card and bank account information in relation with the Account up to date.

7.4 If the User fails to fulfil the obligation of payment as a User of a paid Account, the Service Provider may suspend the Account or delete it after an extended period of default.

7.5 If the User relies on dispute or charge-back mechanisms of third-party payment processors and the result of that mechanism causes the Service Provider to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), the User authorizes the Service Provider to charge that amount on the User's Account.

8. Copyright

8.1. The Sulitest platform is protected by international legislation on copyrights, trademarks and in general intellectual property rights, covering both the form (choice, structure and design of materials, means of accessing data, database or any organization of data, etc.), and each element of content (brands, text, illustrations, graphics and other visuals, video, etc.). The content of this site is the exclusive property of the Sulitest Impact and its contributors, who do not grant any license or other right than to consult these materials on the site.

8.2. Any reproduction, representation, modification, distribution, or redistribution, total or partial, of the content using any process (in particular caching or framing) as well as any sale, resale, loan, retransmission or supply to a third party in any manner, is strictly prohibited. Failure to comply with these restrictions constitutes counterfeiting and exposes the perpetrator to civil and criminal liability unless the User has been given written permission by the owners of that content.

8.3. It is also forbidden for any external entities to download any photos from the Services and use them for marketing and commercial purposes.

8.4. Using the above-mentioned materials without the written permission of the Service Provider, the Users, or any other parties publishing on the Services with the permission of the Service Provider, is against the law and may be the basis for initiating civil and criminal proceedings against the persons who are involved in such dealings.

9. Liability Warranties and Liability

9.1. The Service Provider does not make any warranty about the reliability of the Services or guarantee the security of user data, despite best efforts. The Service is provided "as is" and the User agrees not to hold the Service Provider responsible nor to seek indemnification for any damages that may arise because of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

9.2. Furthermore, the User will not hold the Service Provider liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services.

9.3. The Service Provider obliges to make every effort that the content shared via the Services is compliant with the provisions of the Terms and Conditions. Nevertheless, the Service Provider does not verify the reliability and authenticity of the content published by the User.

9.4. Both the Service Provider and their suppliers do not guarantee that the Services will be free of errors and that the access to it will be constant and uninterrupted.

9.5. Due to the encrypted nature of the Services, The User acknowledges that the Service Provider has no ability or obligation to recover the User's data if the User misplaces their password.

9.6. In addition, the Service Provider is not liable for:

a) Any damage caused to third parties resulting from the Users using the Services in a manner not compliant with the Terms and Conditions or with the provisions of the law;

b) Any content made available by the Users, meaning content which violates the law or any legally protected third party rights;

c) The content of the online Tests published on the Services by the Users;

d) The results of the online Tests published on the Services;

e) The provision of false or incomplete data and information by the Users;

f) Non-compliance with the provisions of the Terms and Conditions on the part of the Users.

9.7. The Service Provider is not liable for issues with or interruption of the operation of the Internet network which may make it impossible for the User to use the Services. In particular, the Service Provider is not liable for any losses incurred by the User as a result of losing data or not being able to transfer data, which may be caused by interruptions in the access to the Services or by interruptions in the operation of the Internet network.

9.8. The Service Provider is not liable for any damage caused as a result of the User incorrectly using the Services; in particular, for the disclosure of Account passwords, disclosure of personal data, and for any damage resulting from ceasing the provision of the Services and deleting the Account of a User violating the Terms and Conditions or the provisions of law, as well as any damage resulting from the modification of the online Test code, or the incompetent use thereof.

9.9. The User is obliged to repair the damage which the second party has suffered as a result of non-performance or incorrect performance of the duties outlined in the Terms and Conditions and the commonly applicable norms by the Users, unless their non-performance or incorrect performance was a result of circumstances for which the User is not liable.

9.10. The Service Provider is not liable for any damage resulting from the cessation of the provision of the Services to a User who is violating the Terms and Conditions, this includes damage resulting from the deletion of the Account of the User who is violating the Terms and Conditions.

10. Final Provisions

10.1. Any disputes between the Parties will be settled amicably. However, if there is no possibility of settling a dispute amicably, the competent Court will be the local court for the seat of the Service Provider.

10.2. Sulitest Impact reserves, to the extent which is permissible in compliance with the applicable regulations, the right to make changes and modifications of the Terms and Conditions in case of the occurrence of significant reasons related to the technical or substantive aspect of the operation of the Services. The changes will be published on an ongoing basis on the Service Provider's Services.

10.3 The Terms and Conditions are valid beginning on September 27th, 2022.