Terms of Use - Prosvita

General Provisions

These Terms and Conditions of Use (hereinafter referred to as the "Terms") define the procedure, conditions and rules for your use (hereinafter referred to as "You") of Prosvita online learning platform.
New Educational Technologies, LLC has created an online learning platform Prosvita, which allows people who have registered on the platform to perform certain functionality provided by the online platform (hereinafter referred to as the "Platform"). The Platform can be accessed through the website prosvita.net
Please read these Terms and Conditions carefully before accepting their provisions.
By registering on the Platform you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form and you acknowledge that you have read and accepted these Terms, the Privacy Policy, the Public Offer. If you are under 18 years old, you may use the Platform only with the approval of your parent or guardian.
You shall be responsible for every action taken using your login information. You must not disclose your login information to anyone other than your parent or guardian. If you believe that another person may have access to or use your login information, you must notify your parent or guardian immediately.
If you do not agree to these Terms, you may not use the Platform and must immediately leave the Platform and delete your Account by contacting us at info@prosvita.net or by contacting the Support Chat.

The Role of the Platform

New Educational Technologies, LLC will do everything possible to ensure that Users can fully use the Platform Services, its technical capabilities 24 hours a day with the required level of access security, but cannot guarantee that the Platform will always be available on the network and / or operate without interference / interruption due to the possibility of technical problems, failures and interruptions in service provision by providers and other third parties, server problems and other reasons that cannot be reasonably foreseen. New Educational Technologies, LLC undertakes to do everything possible to eliminate and resolve possible problems and obstacles so that the Platform can operate to its fullest potential in a reasonable time.
By using the Platform and accepting these Terms, you acknowledge that New Educational Technologies, LLC is not a party to the relationship between the Users, does not control the behavior of the Users of the Platform and has no relation to any learning process on the Platform and its components.
You acknowledge and agree that New Educational Technologies, LLC does not control the authenticity, veracity or legality of any User Content on the Platform. As an information intermediary for Users, New Educational Technologies, LLC has a limited role in providing access to the Platform and providing the opportunity to exchange information within the Services and technical capabilities of the Platform. Users, or, in the case of Children, their Parents or Guardians, are fully responsible for their actions and / or the actions of their Children

Account registration

To add an educational institution you need to fill in the Questionnaire to be connected on the website prosvita.net
The Principal or Deputy Principal of the Educational Institution shall fill in the User Data using the information provided by students and teachers.
When creating your account as a Teacher or Student, you must enter the information required for registration, which must be accurate and consistent with the information provided to the Educational Institution, and you must read and accept the Privacy Policy and the Public Offer.
When creating your account as Parents/Guardian, you must enter the information required for registration, which must be valid, and read and accept the Privacy Policy and the Public Offer.
Users under the age of 18 must register an Account under the supervision of their Parents or Guardians.

Age and parental consent

The Platform is provided to Educational Institutions for use by their students, staff and the parents or legal representatives of students. Accounts for students are created by, or under the authority of, the Educational Institution.
A student under 13 years of age may use the Platform only through an account created or authorised by the Educational Institution, which obtains the consent of the parent or legal representative and provides it on their behalf for use in the educational context, as permitted by the Children’s Online Privacy Protection Act (COPPA) and comparable laws. New Educational Technologies, LLC does not knowingly collect personal data from a child under 13 outside of this arrangement and does not use such data for any commercial purpose unrelated to the educational service.
A student between 13 and 17 years of age uses the Platform with the consent of a parent or legal representative, obtained by the Educational Institution, or with the consent of the student where the law of the student’s country allows a minor of that age to consent to the processing of personal data.
A parent or legal representative may withdraw consent at any time by contacting the Educational Institution or New Educational Technologies, LLC. Withdrawal of consent ends the student’s use of the Platform, and the student’s personal data is deleted as described in the Privacy Policy, except for data that must be retained by law.

Connecting Users

Each connected Educational Institution has several categories of Users, belonging to which is established in the process of connecting the Educational Institution and filling it with Users.
Each connected User of the Educational Institution must belong to a category that must correspond to his real status. Depending on the role of such a User, they have different rights and responsibilities, available Services and technical capabilities on the Platform.
The Teacher and the Student will automatically be connected to the Educational Institution where they will be added by the Principal of the Educational Institution or the Deputy Principal of the Educational Institution.
The Parent should link the Student account to his/her account and then they will be automatically connected to the Educational Institution of the Student.
Principal/Deputy Principal
- Principal/Deputy Principal may be the person who registered the Educational Institution and / or another employee of the respective Educational Institution. By By connecting the Educational Institution to the Platform in accordance with the opportunities provided, he/she determines and enters the necessary data about its structure, subjects, organizational form, heads, teaching staff, number and composition of classes and other actions permitted by the technical capabilities of the Platform and within the Services of the Platform.
- Principal/Deputy Principal must ensure that the Guardian is the Guardian of the Child in accordance with the laws of the Educational Institution’s country. New Educational Technologies, LLC shall not be liable for violations or errors made intentionally or inadvertently by the Principal or Deputy Principal when determining whether the Guardians are the Guardians of the Child.
Teachers
- By registering the Account the Teacher completes the process of connecting to the relevant Educational Institution on the Platform.
One of the Parents or Guardian
- One of the Parents or Guardian shall be responsible for the process of connecting their Child, who is a Student of the respective Educational Institution.
- By registering the Account Parents complete the process of registration. They shall link the account of their Student to see the Student progress.
Students
- Users under the age of 18 must register an Account under the supervision of their Parents or Guardians.
- New Educational Technologies, LLC shall not be liable for any registration and connection to the Educational Institution that was made without the consent or awareness of one of Parents or Guardians. New Educational Technologies, LLC shall not be liable for obtaining personal data from a person who had no right to provide it independently, instead, you shall be solely responsible for such actions.

Obligations of the Educational Institution

By connecting to the Platform, the Educational Institution warrants that the person who registers it is authorised to bind the institution, and that the institution has a lawful basis to place the personal data of its students, staff and parents on the Platform.
The Educational Institution is responsible for informing students, parents, legal representatives and staff about the processing of their personal data on the Platform, for obtaining every consent that the law of its country requires, and for keeping a record of such consents. New Educational Technologies, LLC may rely on the institution’s confirmation that such consents have been obtained.
The Educational Institution is responsible for the accuracy of the data it provides, for assigning the correct role to each User, for promptly removing Users who have left the institution, and for the actions of Users whose accounts it has created or authorised.
The Educational Institution shall not upload to the Platform any data that it is not permitted to share with a third-party service provider, and shall not use the Platform in a way that would cause New Educational Technologies, LLC to breach any law applicable to it.

Platform usage

Use of the Platform, its Services and technical capabilities must always be in accordance with these Terms and the current legislation of the User’s Country.
The User has the right to use only his Account and only within these Terms. The User shall not be entitled to provide his Account to any third party. The User may not buy, sell or donate his Account, or offer such actions.
Connecting an authorised AI assistant integration through the Platform’s official authorisation flow is not a transfer of the Account to a third party. The User remains responsible for all actions carried out through such an integration, must not share login credentials with any AI service, and may revoke the connection at any time.
All Users have the right to access, see, flip through, supplement, comment on the "feed" (news feed); to fill the Platform with content that is not prohibited by these Terms and the legislation of the User’s country; create "chats" and be their member, address relevant questions and suggestions to New Educational Technologies, LLC.
Each category of Users has different opportunities to use the Platform, its Services and technical capabilities that must comply with these Terms.
New Educational Technologies, LLC grants the User the right, within the technical capabilities of the Platform, to provide, download, post or in any other way make available to the Platform and Users, text, photo, audio, video materials and any other information, including related to the Services comments, exchange between Users (hereinafter referred to as the "User Content"). The format and subject of downloading the User Content will be determined by New Educational Technologies, LLC.
The User agrees not to provide User Content, which is prohibited by these Terms and does not comply with the legislation of the User’s country.
New Educational Technologies, LLC does not guarantee that all User Content will be posted on the Platform, New Educational Technologies, LLC reserves the right, but has no obligation, to review, monitor or delete any User Content without notifying the User, including cases where such User Content may infringe or violate the intellectual property rights of third parties and the legislation of the User's country.
By using or gaining access to the Platform or the Services, the User agrees that New Educational Technologies, LLC may collect and use the User Content on the Platform and relevant information in accordance with these Terms. The User also acknowledges and agrees that such information about him/her may be used by New Educational Technologies, LLC in accordance with these Terms, the Public Offer, the Privacy Policy, and the current legislation of the User's country.

Prohibited Platform Usage

All users are prohibited from using the Platform in the following ways:
- to violate the current legislation of the User’s country;
- to commit abusive, fraudulent and/or other unlawful acts;
- to commit bullying, humiliation of human dignity, and acts that can be interpreted as such;
- to transmit, store and/or publish illegal materials (including materials that could be considered obscene);
- to use the Platform for any commercial purposes, unless otherwise provided by these Terms;
- to impersonate another person or knowingly post false information;
- to make your account available to any other person, except as otherwise provided by these Terms;
- to take any action aimed at gaining unauthorized access to the Account;
- to take any actions aimed at obtaining confidential information against the will of the User;
- to post and distribute any information or software that may be used to hack computer systems or contain computer viruses or other components equivalent to them;
- to interfere in any way with the regular work of the Platform;
- to take other actions that are prohibited by these Terms or those that are not permitted by the Platform, its Services and technical capabilities and actions that would objectively conflict with the purpose and object of these Terms.

Intellectual property

The Platform, including its software, design, databases, trademarks, logos, documentation and all content created by New Educational Technologies, LLC, is the property of New Educational Technologies, LLC or its licensors and is protected by the intellectual property laws of Ukraine and international treaties.
New Educational Technologies, LLC grants the User a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended educational purpose in accordance with these Terms. No other right is granted. The User shall not copy, modify, decompile, reverse engineer, resell, sublicense or create derivative works of the Platform, nor remove any proprietary notice.
The User retains ownership of User Content and grants New Educational Technologies, LLC a non-exclusive, royalty-free licence to host, store, reproduce, display and transmit User Content solely to the extent necessary to operate the Platform and provide the Services.
Any feedback or suggestion about the Platform that a User provides may be used by New Educational Technologies, LLC without any obligation to the User.

Educational Institutions in the United States

Where the Educational Institution is located in the United States, New Educational Technologies, LLC acts as a school official with a legitimate educational interest under the Family Educational Rights and Privacy Act (FERPA, 34 CFR § 99.31(a)(1)). It performs an institutional service or function for which the institution would otherwise use its own employees, is under the direct control of the institution with respect to the use and maintenance of education records, and uses education records only for the purposes authorised by the institution.
In accordance with the Student Online Personal Information Protection Act (SOPIPA) and comparable state laws, New Educational Technologies, LLC does not sell student information, does not use student information for targeted advertising, does not create a profile of a student for any purpose other than the authorised educational purpose, and deletes a student’s information at the request of the institution as described in the Privacy Policy.
The Educational Institution remains responsible for providing any notice to, and obtaining any consent from, parents that FERPA, COPPA or state law requires, and for complying with its own policies on the use of third-party services.

Security incidents

New Educational Technologies, LLC maintains organisational and technical measures to protect personal data, as described in the Privacy Policy.
If New Educational Technologies, LLC becomes aware of a breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data on the Platform, it will notify the affected Educational Institution without undue delay after confirming the breach, will provide the information reasonably available to enable the institution to meet its own notification obligations, and will cooperate with the institution in responding to the breach.
The Educational Institution, as the owner of the personal data, is responsible for notifying data subjects and supervisory authorities where the law requires it, and New Educational Technologies, LLC will assist as reasonably requested.

Deleting Account from the Platform

The User can be deleted permanently from the Platform by deleting the Account.
To delete personal data related to your account, you have to make a deletion request to the administrator by sending an email to info@prosvita.net or contact the Technical Support team that is responsible for maintaining and managing User personal data on the Platform.
The User may delete his/her Account at any time. Deletion of the Account in any way will mean termination of the Public Offer.

Suspension and termination

New Educational Technologies, LLC may suspend or restrict an Account, or access of an Educational Institution, with immediate effect where it reasonably believes that the User or institution has breached these Terms, where the law requires it, where the security of the Platform or of other Users is at risk, or where fees due under the Public Offer remain unpaid after notice.
New Educational Technologies, LLC will, where reasonably possible, give notice of the suspension and its reason and will lift the suspension once the cause has been remedied.
New Educational Technologies, LLC may terminate these Terms with a User who has committed a serious or repeated breach. Termination does not affect the rights and obligations of the parties that accrued before termination, and the provisions of these Terms that by their nature should survive termination shall survive.
Upon termination, the User’s personal data is handled as described in the Privacy Policy.

Personal Data

During the use of the Platform by the Users, New Educational Technologies, LLC will collect and process some personal data of the Users. By using the Platform and registering as the User or registering the Child, you shall be aware of and agree to the processing of your or the Child's personal data in accordance with the applicable laws of the User's country and the terms of the Privacy Policy.

Refund Policy

Application Deadline: You have the right to submit a refund request within 14 (fourteen) days from the moment of paying for the service.
Application Procedure: To apply for a refund, the client should contact us via email at info@prosvita.net or through the Technical Support Chat responsible for user service. During the contact, the client should have a receipt or bank statement confirming the payment.
Refund Conditions: Refunds are possible regardless of whether you have started using the paid service or not. The company does not withhold any percentage of the payment during the refund process. Any certificate issued for the refunded service will be revoked and becomes void.
Refund Method: The refund will be processed using the same method as the initial purchase. The refund processing time may depend on the conditions of the selected payment service.
Contact Information: For any questions or clarification regarding the refund conditions, the client can reach out to the company's support service using the contact details provided on the website.

Limitation of liability

The Platform is provided “as is” and “as available”. To the fullest extent permitted by law, New Educational Technologies, LLC gives no warranty, express or implied, that the Platform will meet the User’s requirements, will be uninterrupted, timely, secure or error-free, or that the results obtained from its use will be accurate or reliable.
To the fullest extent permitted by law, New Educational Technologies, LLC shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, data, goodwill or business opportunity, arising out of or in connection with the Platform or these Terms, even if it has been advised of the possibility of such damages.
To the fullest extent permitted by law, the total aggregate liability of New Educational Technologies, LLC arising out of or in connection with the Platform or these Terms, whether in contract, tort or otherwise, shall not exceed the total amount of fees paid to New Educational Technologies, LLC by the User or the User’s Educational Institution for the Platform in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for any other liability that cannot be excluded or limited under applicable law, including the rights of data subjects under applicable data protection law.
New Educational Technologies, LLC is not responsible for the content, availability or data practices of third-party services that a User chooses to connect to the Platform, including AI assistant services, or for the consequences of actions that a User instructs such a service to carry out.

Indemnity

The User, and where applicable the Educational Institution, agrees to indemnify and hold harmless New Educational Technologies, LLC, its officers, employees and contractors from and against any claim, liability, damage, loss and expense, including reasonable legal fees, arising out of or in connection with: the User’s breach of these Terms; User Content; the User’s violation of any law or of the rights of a third party; the absence or invalidity of a consent that the Educational Institution was required to obtain; or the use of the User’s Account by any person the User allowed to access it.

Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or with the use of the Platform, are governed by the law of Ukraine.
The parties shall first attempt to resolve any dispute through negotiation by written notice to New Educational Technologies, LLC at the contact address provided on the website. If the dispute is not resolved within thirty days, it shall be submitted to the competent court of Ukraine at the registered seat of New Educational Technologies, LLC.
Nothing in this clause deprives a User who is a consumer, or a data subject, of the protection of mandatory provisions of the law of the country of their habitual residence, or of the right to bring a complaint before a supervisory authority under applicable data protection law.

Changes to the Terms

New Educational Technologies, LLC may amend these Terms from time to time, including to reflect changes in the law, in the Platform or in its business practices. The current version is published on the website.
Material changes will be announced on the Platform or communicated to the Educational Institution by email at least fifteen days before they take effect, unless a shorter period is required by law or necessary for security. Continued use of the Platform after the changes take effect constitutes acceptance of the amended Terms. A User who does not agree with the amended Terms must stop using the Platform and may delete their Account.

Final provisions

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be applied to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
These Terms, the Privacy Policy and the Public Offer together constitute the entire agreement between the User and New Educational Technologies, LLC concerning the Platform and supersede all prior understandings on the same subject. In the event of a conflict, the Public Offer prevails for a paying Educational Institution.
Failure by New Educational Technologies, LLC to enforce any provision of these Terms shall not be a waiver of that provision or of the right to enforce it later.
These Terms are made in Ukrainian and English. In the event of any inconsistency between the versions, the Ukrainian version shall prevail.
The provisions concerning intellectual property, limitation of liability, indemnity, governing law and disputes, and any other provision that by its nature is intended to survive, shall survive termination of these Terms.