SessionLab Terms of Service

Effective as of December 22, 2016.

1. Introduction

Welcome to SessionLab, a website and online service owned and operated by TrainedOn OÜ (referred as ‘TrainedOn’ from here on), a company incorporated in Estonia. These Terms of Service govern your access to and use of SessionLab websites and services (collectively, the “Service”), so please carefully read them before using the Service.

By accepting our Terms of Service during your subscription to our Service you are entering into a binding contract with TrainedOn. If you are entering into this contract on behalf of an entity, you represent that you have the right, authority and capacity to bind such entity to this contract. In any event, references herein to “you” or “your” means you or such entity (as the case may be).

The Terms of Service are bound to all information and services provided to you on this Website. Your agreement with TrainedOn includes the Terms of Service, Privacy Policy and Cookie Policy (together Agreements). Please read carefully these Agreements and if you have any questions, please kindly emails us at support@sessionlab.com.

2. Changes to the Terms of Service

TrainedOn reserves the right to make changes to the Agreements. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. By continuing to use the Service after notifying you about the changes, you are expressing and acknowledging your acceptance of the changes. If you do not agree to the changes, please kindly unsubscribe from our Service. Otherwise the new terms will apply to you.

3. Definitions

Service: means the functionality of SessionLab that you can reach by visiting and using our website at sessionlab.com and any of its subdomains (e.g. app.sessionlab.com, www.sessionlab.com). It allows you to create and share session plans, organize your session content, and browse and create session resources.

Content: means any materials, such as session outlines and resources, presentations, handouts, exercises, links, pictures, comments or any other content that you enter or upload to SessionLab.

Service Plan: a set of functionality that TrainedOn has agreed to provide. Each Service Plan has its own name or
name extension (such as “Pro” or “Team”, for example) and different prices may be charged for different Service
Plans. The features and prices of Service Plans can be studied on the
wwww.sessionlab.com/features and wwww.sessionlab.com/pricing.

4. Login

4.1. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.

4.2. Your login details may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.

4.3. You are responsible for maintaining the security of your account and password. TrainedOn cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4.4. You are responsible for all content posted and activity that occurs under your account.

4.5. You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be removed.

4.6. One person or legal entity may not maintain more than one free account.

5. Content and Licences

5.1. Public and Private User Content

The Service offers a number of ways to share, or not share, your Content with others.

By default, the content you create or upload in the Service is Private User Content and is available only to you, and other users you decide to share it with. You can also choose to create or upload content as Public User Content which will be available to anyone who has access to the internet.

5.2. Licences you grant to other Users

Private User Content

Content designated as Private User Content will not be available to the public. Rather, it will be available to you, and to those users of the Service (referred to as “Collaborators”) with whom you have chosen to share the Content. You hereby grant to each Collaborator a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform and display, distribute and transmit your Private User Content. This license ends when you delete the Content or your account is deleted by you or by us, except to the extent that the Content has been shared with others and those users made a full or partial copy of that Content.

Public User Content

Public User Content can be viewed by other SessionLab users, will appear in the searchable database of the Service, and will be available for others to access and view online. Accordingly, you hereby grant to each User and to the public a worldwide, non-exclusive, revocable license to use, store, reproduce, create derivative works, publicly perform and display your Public User Content. This license ends when you delete the Content or choose to make the Content a Private User Content, except to the extent that the Content has been shared with others and those users made a full or partial copy of that Content.

Please note that removed public content may be cached in search engine indices after removal and that TrainedOn has no control over such caching.

5.3. Licences you grant to TrainedOn

In order to provide you and users our Service, we need to gain certain licenses from you. We would like to be 100% upfront about these licenses. We need the right to use, host and store your Content in order to be able to it on our servers and make it available to you when you would like to use it. You will also provide us the right to reproduce, modify or create derivative works from your Content. Obviously we won’t be modifying your Content, we need these rights for example to be able to share your session plans with other users whom you share your Content with (reproduce, distribute or transmit) or to resize an uploaded picture to fit in format that will work most efficiently with the Service (modify or create derivative works). You will also provide us a right to publicly perform or display your Content to allow us to display the material on any party’s monitor who is not the copyright holder of that material.

With respect to Private User Content, you hereby grant to TrainedOn (and its successors and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your Content, with the Service. This license ends when you delete your Private User Content or your account is deleted by you or by us, except to the extent that your Private User Content has been shared with others and those users made a full or partial copy of that Content.

With respect to Public User Content, you hereby grant to TrainedOn (and its successors and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your Content (including the public), with the Service; and (2) in connection with promotion and marketing of the Service, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your Public User Content, except to the extent that your Public User Content has been shared with others and those users made a full or partial copy of that Content.

Regardless of whether you designate content public or private, TrainedOn makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

5.4. Content from third party

The Service allows you to upload third-party content, such as images, documents, or any file format into your session plans and resources.

When you upload any Content to the Service, you represent and warrant, that:

• you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform
  publicly, distribute, or otherwise exploit such Content in connection with the Service (and to grant to TrainedOn the licenses set forth in this Agreement);
• the Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights
  of any third party;
• you have the consent, release, and/or permission of each identifiable person depicted in your Content to upload,
  transmit, publish, and/or disseminate their name and/or likeness through the Service;

We reserve the right to remove any content or information that might infringe or violate someone else’s rights or otherwise violates the law.

We reserve the right to disable your account if you repeatedly infringe someone else’s intellectual property rights.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your
intellectual property right has been infringed by any Content in the Service, please do not hesitate to notify us
under support@sessionlab.com. To be effective, in the notification you should:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other
   information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.

6. Subscription and Payment

The Service is offered with a trial period. The trial period gives you access to all the features of the Service. After the trial period is over you may keep using all the features by upgrading to a chargeable Service Plan or choose to use the Service for free with limited functionality.

6.1. By subscribing to a Service Plan, you shall be deemed to have agreed to and accepted liability for the payment of all fees associated with the respective Service Plan. The same applies in a situation where you permit or cause yourself to be designated as the payer for someone else’s subscription.

6.2. The default billing cycle for any chargeable Service Plan is monthly (i.e., you are charged for the Service on a monthly basis), starting on the day immediately following your subscription to the respective Service Plan, or, if a free trial period has been granted to you, on the day immediately following such trial period.

6.3. Payment for the Service is due in advance by the first day of each billing cycle and should be effected by credit card, unless otherwise agreed. You shall ensure that sufficient funds are available on the relevant account and acknowledge that late payment may result in the suspension of Service or cancellation of the Agreement.

6.4. All payments for the Service are handled by a third-party payment gateway. TrainedOn is not responsible for the processing of customer’s payments and shall not be liable for any matter in connection therewith.

6.5. TrainedOn may change the fees, rates and the billing cycle applicable to your Service Plan upon a month’s notice. Such notice may be provided at any time by posting the changes to the SessionLab website or the Service itself. In the event that you do not agree with the respective change(s), your sole and exclusive remedy shall be to unsubscribe from the Service Plan in question. You remaining subscribed to your Service Plan after any such change(s) shall constitute your consent to the respective change(s).

6.6. Any upgrade or downgrade in Service Plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

6.7. Downgrading your Service may cause the loss of features or capacity of your account. TrainedOn does not accept any liability for such loss.

6.8 TrainedOn offers an unconditional 30-day money back guarantee, should you become dissatisfied with our services within the first 30 days of subscribing for a chargeable Service Plan. The 30-day money back guarantee applies only to the start date of the clients’ usage of the Service Plan and does not apply to renewals of a Service Plan. Refunds are not available after 30 days of using a Service Plan.

6.9. Prepayments for future billing cycles are non-refundable. Upon upgrading or downgrading a Service Plan, a prepayment made for the original Service Plan will be applied against the amounts payable for the new Service Plan.

7. SessionLab’s intellectual property

You agree not to do any of the followings while using our Service

• bully, abuse, harass, stalk, demean, threaten, impersonate, intimidate or discriminate anyone
• avoid, bypass, remove or circumvent any technological measure implemented by TrainedOn or set up by the third party websites
• transmit any worms or viruses or any destructive code
• use the Service for any illegal or unauthorized purpose.

In the event that you post or otherwise use Public User Content outside of the Service, with the exception of content entirely created by you, you agree that you will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:

• You will ensure that any such use of Content visually displays or otherwise indicates the source of the Content as coming from the Service. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.
• You will ensure that any such use of Content includes a hyperlink directly to the original resource on the source site on the Service.
• You will ensure that any such use of Content clearly indicate the author names for every resource used.

8. Terminating your account

You may terminate your account and the Agreements between you and TrainedOn by emailing us at account-removal@sessionlab.com. By deleting your account all your personal data, session plans and all Content will be deleted. Please bear in mind that your Content might not be removed from our servers at the time of termination. Residual copies of your deleted Content might be kept for backup purposes however we do make sure not to keep them for longer than 90 days after terminating your account.

9. TrainedOn’s intellectual property

The Service provided by TrainedOn contains elements owned by TrainedOn. The Service and its elements are copyright protected therefore you will not remove, alter, conceal, reproduce, modify, adapt, publish, transmit, distribute, sell, license, duplicate or in any other ways exploit the Service and its elements. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from TrainedOn.

10. Limitation of Liability

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We are doing our best to keep our Service properly running 24/7 however TrainedOn does not warrant that the Service will be continuously and unrestrictedly available or that this Website is free of software viruses or bugs. Furthermore we are using third party services to provide the necessary hardware, software, networking and storage functionality in order to keep our Service up and running. Some technical breakdown might occur in our third party services, which is out of our control. To the fullest extent permitted by law, in no event will TrainedOn, its shareholders or employees be liable for any indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use or inability to use the Service. Furthermore you agree that TrainedOn has no responsibility or liability for the deletion of, or the failure to store or to transmit any Content and other communications maintained by the Service.

11. Indemnification

You shall defend TrainedOn against any claim, demand, suit or proceeding made or brought against TrainedOn by a third-party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify TrainedOn for any damages finally awarded against, and for reasonable attorney’s fees incurred by, TrainedOn in connection with any such claim, demand, suit or proceeding; provided, that TrainedOn:

• promptly gives you written notice of the claim, demand, suit or proceeding;
• gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases TrainedOn of all liability); and
• provides to you all reasonable assistance, at your expense.

13. Severability

If any provision of the Agreements becomes partly illegal or unenforceable, the other provisions will remain in force. We are going to make sure that any void provisions will be replaced by valid provisions that correspond with the remaining part of the Terms of Service.

13. Agreement

These Terms of Service together with the Privacy Policy and Cookie Policy constitute the entire agreement between you and SessionLab ÖU with regards to the rules of using our Service.

14. Jurisdiction and Applicable Law

The Agreements are subject to the laws of Estonia.

You hereby agree that Estonian court will have exclusive jurisdiction to proceed over any disputes or claims related to the use of our Service or breaching any of the Agreements.

15. Disclosures

The service above is offered by TrainedOn OÜ, a company incorporated under the laws of Estonia.