TERMS OF SERVICE

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of Digiotouch Skills, an online learning platform operated by Digiotouch OÜ (registry code 14507464), with its registered office at Narva mnt 5, 10117 Tallinn, Estonia ("Digiotouch", "we", "us"), and available at https://skills.digiotouch.ai (the "Platform").

By creating an account on the Platform, by enrolling in a course, by publishing content on the Platform as a course creator, or by otherwise using the Platform, you accept these Terms. If you do not accept them, you must not use the Platform.

Digiotouch Skills is a product that is separate from Digiotouch AI, and these Terms apply exclusively to the Platform. Use of other Digiotouch products is governed by separate terms applicable to those products.

Definitions

• "Platform" means the Digiotouch Skills service, including the website at skills.digiotouch.ai, its subdomains, any mobile or desktop applications we may make available, and related APIs.
• "User" or "you" means any natural or legal person who creates an account on, or otherwise accesses, the Platform, whether as a learner, course creator, collaborator, or administrator.
• "Learner" means a User who enrols in or otherwise consumes courses on the Platform.
• "Creator" means a User who publishes or manages courses on the Platform, either as the primary owner or as an accepted collaborator.
• "User Content" means any content that a User uploads, submits, posts or otherwise makes available through the Platform, including course materials, videos, PDFs, images, text descriptions, quizzes, reviews, messages and community posts.
• "Services" means all features made available through the Platform, including authentication, course publishing, enrolment, lesson playback, quizzes, certificates, reviews, creator-to-learner messaging, the community boards, the creator dashboard and the administrator portal.

We may amend these Terms from time to time. When we make material changes we will notify you through the Platform and/or by email at least fifteen (15) days before the changes take effect. If you continue to use the Platform after the changes take effect, you accept the updated Terms. If you do not accept them, you should stop using the Platform before that date.

2. USE OF THE PLATFORM

2.1 Eligibility and account

To use the Platform you must be at least 16 years old (or the minimum age permitted in your country for the lawful processing of personal data without parental consent, if higher). By registering, you confirm that you meet this requirement, that you have the legal capacity to enter into these Terms, and that you provide accurate and up-to-date information.

You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You agree to notify us immediately at the contact details in section 8 if you suspect any unauthorised use of your account.

2.2 Acceptable use

You agree not to use the Platform to:

• infringe any applicable law or regulation, including intellectual property, data protection and consumer protection laws;
• upload or distribute content that is illegal, defamatory, harassing, discriminatory, fraudulent, obscene, or that infringes the rights of any third party;
• upload viruses, malware or any other code intended to damage, disable or gain unauthorised access to the Platform or other systems;
• attempt to bypass security measures, interfere with the operation of the Platform, or scrape, crawl or harvest data other than as expressly permitted;
• send unsolicited communications, spam, or phishing messages to other Users through the creator-to-learner email features or otherwise;
• impersonate another person or misrepresent your affiliation with any person or entity;
• use the Platform to train third-party machine-learning models using content you do not own, or in breach of a Creator's licensing terms.

2.3 Learner accounts and enrolments

As a Learner you may browse the catalogue, enrol in free or paid courses, consume the course materials, attempt quizzes, receive a certificate where you meet the eligibility criteria set by the Creator, and leave a review for courses you have completed. Your Learner display name and email are shared with the Creator of each course in which you enrol, so that the Creator can manage their student list and communicate with you about the course.

2.4 Creator accounts and collaborators

As a Creator you may publish courses through the Platform, define the course structure (modules, chapters, submodules, PDFs, quizzes), invite other Users by email to collaborate on your courses, view the list of your enrolled students, and send course-related emails to them within the applicable rate limits. A Creator acts as an independent data controller in respect of the messages they send to their Learners.

Publishing a course on the Platform is subject to review by our administrators. We may place a course on hold, request changes, or refuse publication if the course does not comply with these Terms, the Creator Guidelines or applicable law. Courses that are published and later found to be non-compliant may be placed on hold or deactivated. A Creator whose course is on hold may edit and resubmit it for review.

2.5 Reviews, ratings and community

Where you submit a review, a rating, or a post to a public community board, you are solely responsible for the content you publish. We may, at our discretion, remove content that violates these Terms or applicable law. Reviews are displayed under the reviewer display name you chose at the time of submission.

2.6 Analytics and improvement

We process usage data and aggregated learning metrics to operate, secure and improve the Platform, in accordance with our Privacy Policy.

3. FEES

Some courses on the Platform are offered free of charge; others are paid. The price of a paid course is indicated on the course page before enrolment. Taxes are charged in addition where required by law.

• Payment is processed by our payment provider. Card details are entered on the provider's interface and are not stored by Digiotouch.
• Once a paid enrolment is completed and access to the course has been granted, the enrolment is non-refundable, except where a mandatory right of withdrawal applies under applicable consumer protection law and has not lapsed.
• Where a consumer right of withdrawal applies and you begin consuming the course before the withdrawal period has expired, you expressly acknowledge that you may lose the right of withdrawal once the digital content has started being delivered, to the extent permitted by applicable law.
• We may change the prices of our courses at any time. Price changes do not affect enrolments already completed.
• Where the Platform is offered on a subscription or plan basis, the subscription renews automatically at the end of each period unless cancelled. You can cancel the renewal at any time through your account settings; cancellation will take effect at the end of the current paid period.

4. INTELLECTUAL PROPERTY

4.1 Platform content

The Platform itself, including its software, design, interfaces, trademarks, logos, and content that we or our licensors make available (other than User Content), is protected by intellectual property rights and belongs to Digiotouch or its licensors. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform for the purposes described in these Terms.

You may not copy, modify, distribute, publicly perform, translate, reverse-engineer, decompile, create derivative works of, or commercially exploit any part of the Platform, except to the extent expressly permitted by these Terms or by mandatory applicable law.

4.2 User Content

You retain all intellectual property rights you may hold in your User Content. By submitting User Content to the Platform, you grant Digiotouch a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, process and adapt your User Content, solely to the extent necessary to operate and provide the Platform to you and to the other Users who are entitled to access it (for example, to deliver the course to Learners enrolled in it).

You confirm and warrant that you have all rights, licences and consents necessary to submit your User Content and to grant us the licence set out above, and that your User Content does not infringe any third-party right. You are solely responsible for your User Content.

4.3 Course licensing between Creators and Learners

Unless a Creator expressly offers wider rights on the course page, a Learner who enrols in a course obtains a personal, non-transferable and non-sublicensable right to access and consume the course materials for their own learning purposes. Learners must not redistribute, resell, or publicly share the course materials.

4.4 Certificates

Where a Learner satisfies the completion criteria, the Platform may issue a downloadable certificate bearing the learner name and the course name. Certificates evidence course completion on the Platform but do not by themselves constitute an academic qualification unless expressly stated.

4.5 Feedback

If you send us feedback, suggestions or ideas regarding the Platform, you agree that we may freely use such feedback without restriction or compensation, and without being obliged to keep it confidential.

5. LIABILITY

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Digiotouch makes no warranties, whether express or implied, regarding the Platform, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or uninterrupted or error-free operation.

• Digiotouch is not responsible for the content, accuracy, quality or lawfulness of any User Content, including course materials published by Creators, reviews submitted by Learners, or posts published in community boards. You use such content at your own risk.
• The certificates and skills obtained through the Platform reflect the content designed by the Creators and the assessments they set. Digiotouch does not warrant that completion of a course will result in any specific career, professional, academic or other outcome.
• We may temporarily suspend access to the Platform for maintenance, upgrades or security reasons, with or without prior notice. We strive to keep interruptions short but do not guarantee continuous availability.
• To the fullest extent permitted by applicable law, Digiotouch shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, loss of opportunity, loss of data, or reputational damage.
• Where liability cannot lawfully be excluded, our aggregate liability to you in respect of the Platform during any twelve-month period shall not exceed the amounts you paid to Digiotouch for the Platform during that period, or, if higher, the minimum amount required by applicable mandatory law.
• Nothing in these Terms limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any liability that cannot lawfully be excluded under applicable law.

You agree to indemnify and hold Digiotouch harmless from any third-party claim arising out of your violation of these Terms, your User Content, or your use of the Platform in breach of applicable law.

6. TERM AND TERMINATION

These Terms apply for as long as you have an account with the Platform or otherwise use it.

• You may at any time stop using the Platform and delete your account from your account settings. Where your account owns published courses, a short recovery window may apply (approximately fifteen (15) days), during which you can cancel the deletion by signing in again. After the window, the account and the associated data are permanently deleted as described in the Privacy Policy.
• We may suspend or terminate your access to the Platform, with or without notice, if we reasonably believe that you have breached these Terms or applicable law, that your use of the Platform poses a security or integrity risk, or that continuing to provide the Platform to you would expose Digiotouch to legal or regulatory risk.
• On termination, your right to access the Platform ends. Sections of these Terms which by their nature survive termination (including intellectual property, liability, dispute resolution and governing law) shall survive.

7. DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION

These Terms, and any dispute arising out of or in connection with them or with your use of the Platform, are governed by the laws of the Republic of Estonia, without prejudice to any mandatory consumer protection rules applicable in your country of residence.

Before initiating any judicial proceedings, the parties shall attempt in good faith to resolve the dispute amicably. You may contact us at contact@digiotouch.com with a written description of the dispute and the outcome you seek; we will respond within a reasonable time.

If the dispute cannot be resolved amicably, the competent court is Harju Maakohus (Harju County Court) in Tallinn, Estonia, save where mandatory rules of your country of residence grant jurisdiction to another court.

Where you qualify as a consumer residing in the European Union, you may also submit a dispute to the European Commission Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr.

8. OTHER

• Severability: if any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be replaced by a valid one that comes as close as possible to the economic intent of the original.
• Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Digiotouch regarding the Platform and supersede any prior agreements on the same subject matter.
• Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate, or to a successor in the context of a corporate transaction, provided that the level of protection granted to you is not reduced.
• No waiver: our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later.
• Notices: we may send notices to you by email to the address associated with your account, or through the Platform. You may send notices to us by email at the address listed below.
• Language: these Terms are drafted in English; where a translation is provided for convenience, the English version prevails in case of conflict, unless applicable mandatory law requires otherwise.

Contact: Digiotouch OÜ, Narva mnt 5, 10117 Tallinn, Estonia, email: contact@digiotouch.com, phone: +372 5309 7030.

ANNEX 1 — DATA PROCESSING AGREEMENT (DPA)

This Annex forms an integral part of the Terms and constitutes the Data Processing Agreement between Digiotouch and Users who upload personal data of their own data subjects to the Platform (for example, a Creator who corresponds with their enrolled Learners or who uploads course materials referencing third parties). Where Digiotouch processes personal data on behalf of such a User, the User acts as controller and Digiotouch acts as processor within the meaning of Article 28 GDPR.

1. Subject matter and duration

The subject matter of the processing is the provision of the Platform to the controller. The duration of the processing corresponds to the duration of the controller's use of the Platform.

2. Nature and purpose of processing

Digiotouch processes personal data to provide the Services described in the Terms, including hosting course content, delivering learning material to enrolled learners, enabling messaging features and producing learning analytics.

3. Types of personal data and categories of data subjects

• Types of personal data: identification data, contact data, course and learning data, communication data, usage and log data, as further described in the Privacy Policy.
• Categories of data subjects: Learners enrolled in the controller's courses, collaborators invited by the controller, and any other person referenced in User Content uploaded by the controller.

4. Obligations of Digiotouch as processor

• Process personal data only on documented instructions from the controller, which include the configuration of the Platform and the functional behaviour described in our documentation, unless required to do so by Union or Member State law.
• Ensure that persons authorised to process the personal data are bound by confidentiality obligations.
• Implement appropriate technical and organisational security measures, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing (including encryption in transit, access controls, audit logging, backups, and security review processes).
• Assist the controller by appropriate technical and organisational measures in responding to requests from data subjects and in fulfilling the controller's obligations under Articles 32–36 GDPR.
• At the controller's choice, delete or return all personal data after the end of the provision of the Services, except to the extent that retention is required by Union or Member State law.
• Make available to the controller all information necessary to demonstrate compliance with Article 28 GDPR and allow for, and contribute to, audits, including inspections, conducted by the controller or another auditor mandated by the controller, subject to reasonable notice and confidentiality undertakings.

5. Sub-processors

The controller provides a general authorisation to engage sub-processors. The current list of sub-processors is set out in Annex 2. Digiotouch will give prior notice of any intended changes concerning the addition or replacement of sub-processors, and the controller may object on reasonable grounds within fifteen (15) days of the notice.

6. Personal data breaches

Digiotouch will notify the controller without undue delay after becoming aware of a personal data breach affecting the controller's personal data, and will provide the information reasonably available to assist the controller in fulfilling its obligations under Articles 33 and 34 GDPR.

7. International transfers

Where Digiotouch transfers personal data outside the EEA in the context of its processing on behalf of the controller, it will do so on the basis of an adequacy decision, or on the Standard Contractual Clauses adopted by the European Commission, or on another valid transfer mechanism under the GDPR.

ANNEX 2 — LIST OF SUB-PROCESSORS

The table below lists the categories of sub-processors engaged by Digiotouch for the operation of the Platform. The specific providers and their locations may be updated from time to time; the current list is available on request.

An up-to-date list of specific providers can be requested at contact@digiotouch.com.