EduGain Terms of Service Last Updated:
15/03/2025
1. AGREEMENT TO OUR LEGAL TERMS
We are Autónomo Oleksandr Babii (doing business as BabiyPRO
and operating under the name "EduGain") ("Company,"
"we," "us," "our"), and we operate the
website
(the "Site"), as well
as any related products and services, including our mobile application
(collectively, the "Services").
These Terms of Service ("Terms") constitute a
legally binding agreement between you, whether personally or on behalf of an
entity ("you"), and Autónomo Oleksandr Babii, concerning your access
to and use of the Services. By accessing or using the Services, you acknowledge
that you have read, understood, and agree to be bound by these Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We may make changes or modifications to these Terms at any
time and for any reason. We will alert you about any changes by updating the
"Last Updated" date of these Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to
periodically review these Terms to stay informed of updates. Your continued use
of the Services after the date such revised Terms are posted will constitute
your acceptance of the changes.
2. OUR SERVICES
EduGain provides an all-in-one platform for consultants and
educators, offering tools for course creation and management, community
building, membership management, affiliate program management, automated sales
funnels and marketing, analytics and reporting, and a white-label content
library. The Services include, but are not limited to:
Course Creation & Management: Tools to create, organize, and deliver online courses, including video hosting, quizzes, assignments, and progress tracking. Community Building Tools: Features to foster an online community, including forums, groups, direct messaging, and live event capabilities (including Zoom integration). Membership Management: Tools to manage membership levels, subscriptions, access control, and recurring billing. Affiliate Program Management: Features to create and manage an affiliate program, track commissions, and handle payouts. Automated Sales Funnels & Marketing Tools: Resources to build sales funnels, landing pages, and email sequences. Analytics & Reporting: Tracking of key metrics related to courses, engagement, sales, and affiliate performance. White-Label Content Library: Access to customizable templates for courses, marketing materials, and consulting frameworks. Payment Gateway Integrations: Secure payment processing. Mobile App Access. AI-Powered Features: Use of AI features provided through third-party AI Service Providers (including OpenAI). Details regarding this use is in our Privacy Policy.
The information provided through the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Our Intellectual Property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright, trademark,
and other intellectual property laws and treaties around the world. The Content
and Marks are provided on the Services "AS IS" for your personal,
non-commercial use or internal business purpose only,
except as expressly permitted in these Terms.
3.2 Your Use of Our Services and Content
Subject to your compliance with these Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
Access the Services. Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Utilize the White-Label Content Library templates as intended, modifying and customizing them for your own courses, marketing materials, and consulting frameworks. However, you may not resell or redistribute the templates themselves as standalone products.
Except as expressly permitted in these Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
3.3 User-Generated Content and Submissions
User-Generated Content: If you create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on or through the Services (e.g., within community forums, as part of course interactions, or through direct messaging) ("User Content"), you retain ownership of your User Content. However, by posting or making available User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation and provision of the Services. You represent and warrant that you have all necessary rights to grant us this license. AI Generated Content: If you generate content using provided AI tools, you retain ownership of Output. However, you grant us the same licence, as User-Generated Content. You represent and warrant that you have all necessary rights to grant us this license. You must not use the Al Products in any way that violates the terms or policies of any Al Service Provider. Submissions: Any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions") that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You have the legal capacity and you agree to comply with these Terms. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services. You will not access the Services through automated or non-human means (e.g., bots, scripts). You will not use the Services for any illegal or unauthorized purpose. Your use of the Services will not violate any applicable law or regulation. Any information you provide is true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. Prohibited activities
include, but are not limited to:
Systematically retrieving data or other content from the Services to create a collection, compilation, database, or directory without our written permission. Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email. Using the Services to advertise or offer to sell goods and services, except as expressly permitted within designated areas (e.g., affiliate program participation). Circumventing, disabling, or otherwise interfering with security-related features of the Services. Engaging in unauthorized framing of or linking to the Services. Attempting to impersonate another user or person. Using any information obtained from the Services to harass, abuse, or harm another person. Using the Services in a manner inconsistent with any applicable laws or regulations. Uploading or transmitting viruses, Trojan horses, or other harmful material. Engaging in any automated use of the system, such as using scripts to send comments or messages. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services. Attempting to bypass any measures of the Services designed to prevent or restrict access. Copying or adapting the Services' software. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising the Services. Using the Service for purpose of competing with our business. Violating the terms of service of third-party service providers, including AI service providers. Using, in any way, provided AI tools.
6. ACCOUNT CREATION AND TERMINATION
Account Creation: You may be required to register for an account to access certain features of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. Account Termination by You: You may terminate your account at any time by contacting us at [Your Contact Information] or through your account settings. Account Termination by Us: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) if you violate these Terms, engage in prohibited activities, or for any other reason in our sole discretion. We may also terminate your access for inactivity, which is defined as failing to log into the Services for [Six (6)] months.
7. PAYMENT TERMS
If the Services include paid features (e.g., subscriptions,
premium memberships):
Fees: You agree to pay all fees and charges associated with your chosen subscription or membership level. Billing: We will bill you through the payment method you provide during registration. Recurring Billing: Subscriptions and memberships may be billed on a recurring basis (e.g., monthly, annually). You authorize us to charge your payment method for these recurring fees. Cancellation: You may cancel your subscription or membership at any time, but no refunds will be provided for any unused portion of your subscription term, except as required by applicable law. Price Changes: We reserve the right to change our fees and billing methods at any time. We will provide you with [30] days' notice of any price changes. Disputes: In case of disputes or chargebacks initiated by the user without prior communication with EduGain's support team, EduGain reserves the right to suspend or terminate the user's account immediately, pending investigation.
8. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: edugain.pro/privacy. By using the Services, you agree
to be bound by our Privacy Policy, which is incorporated into these Terms.
Please be advised the Services are hosted in [United States]. If you access the
Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in [United States], then through your continued use of the
Services, you are transferring your data to [United States], and you expressly
consent to have your data transferred to and processed in [United States].
9. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE [SIX (6) MONTH] PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your use of the Services; (2)
breach of these Terms; (3) any breach of your representations and warranties
set forth in these Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt
harmful act toward any other user of the Services with whom you connected via
the Services.
12. GOVERNING LAW
These Terms shall be governed by and defined following the
laws of Spain. Autónomo Oleksandr Babii and yourself irrevocably consent that
the courts of Spain shall have exclusive jurisdiction to resolve any dispute
which may arise in connection with these terms.
13. DISPUTE RESOLUTION
13.1 Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms (each a "Dispute" and
collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.
13.2 Binding Arbitration
Any dispute arising out of or in connection with this
contract, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place, or arbitration shall be
Alicante, Spain. The language of the proceedings shall be English. The
governing law of the contract shall be the substantive law of Spain.
13.3 Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
13.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief.
14. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data. We will store user
data a maximum of six (6) months after account termination.
15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing.
16. MISCELLANEOUS
These Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of such right
or provision. If any provision or part of a provision of these Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms and does not affect the
validity and enforceability of any remaining provisions.
17. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
Autónomo Oleksandr Babii
Avenida Catedratico Soler, 43
Alicante, Alicante 03008
Spain
[email protected]
@ Copyright 2025 - EduGain