Sirma
Academy

Contents

• I. Definitions
• II. Applicability of the General Terms and Conditions
• III. Registration and Enrollment for Courses
• IV. User Profile
• V. Rights and Obligations of the User
• VI. Rights and Obligations of the Provider
• VII. Right of Withdrawal
• VIII. Disclaimer of Warranties
• IX. Confidentiality
• X. Personal Data Protection
• XI. Information Exchange through SIRMA ACADEMY
• XII. Protection of Intellectual Property
• XIII. Termination of the Service
• XIV. General Provisions

I. Definitions

1. Unless explicitly stated otherwise in this document, the terms used in these General Terms and Conditions will be defined as follows:
   • Provider- "SIRMA GROUP HOLDING", a company registered in the Commercial Register at the Registry Agency, UIC 200101236.
   • User - person or legal entity registered on the SIRMA ACADEMY platform
   • User Profile - email and password, which allow the user access to the service.
   • Training - online training created on the SIRMA ACADEMY platform.
   • SIRMA ACADEMY - "SIRMA ACADEMY" is an online-based system for distance learning and real-time communication, developed by the Provider.
   • Virtual Classroom - a virtual workspace created by SIRMA ACADEMY for conducting training on the platform.

II. Applicability of the General Terms and Conditions

1. These General Terms and Conditions govern the relationships between the Provider and its Users regarding access to the online electronic learning platform SIRMA ACADEMY and the right to use the web-based system SIRMA ACADEMY.
2. These General Terms and Conditions may be amended at the discretion of the Provider. In the presence of valid agreements, the Provider must inform the User within 7 (seven) days after the adoption of the amendments. The amendments come into force and will be binding for the User unless the latter expressly objects within 5 (five) working days.

III. Registration and Enrollment for a Course

1. The Provider grants the User the right to use the web-based system SIRMA ACADEMY after registration and payment of the fee for the respective training, due by the User.
2. The fee due for the respective training varies depending on the selected training.
3. Payments by bank transfer are made to the following company account:
• Bank: United Bulgarian Bank
• BIC: UBBSBGSF
• IBAN: BG22UBBS80021089443140
• Account Holder: SIRMA GROUP HOLDING

IV. User Profile

1. To provide access to the Platform, the parties perform the following actions:
• The User registers by specifying an email and password.
2. The Provider reserves the right to request additional information about the User before granting access to the Service.

V. Rights and Obligations of the User

1. The User is obliged to use the service personally and cannot transfer their right to use the Service to third parties.
2. In using SIRMA ACADEMY, the User represents, warrants, and agrees that no materials of any kind, sent through their profile or otherwise published, transmitted, or shared by the Users on or through the Service, will violate or infringe on the rights of any third party, copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain slanderous, libelous or otherwise unlawful materials.
3. The User agrees and declares not to use the Service to:
• Publish content or initiate communications that are illegal, libelous, malicious, obscene, discriminatory, threatening, or invasive of privacy or publicity rights, messages containing hate based on race, ethnicity, gender, or other;
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Collect email addresses or other contact information of other users from the Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
• Use the Service in any illegal way or in any other manner that could damage, disable, overburden, or impair the Service or the Provider;
• Provide false information or otherwise misrepresent User's identity, including but not limited to the use of a pseudonym, uploading, posting, transmitting, sharing, storing, or otherwise publicly making available on the SIRMA ACADEMY platform any personal information of a third party, addresses, phone numbers, email addresses, and credit card numbers;
• Upload, post, transmit, share, or otherwise make available materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Harassment or any other form of harassment;
• Publish, modify, distribute, or reproduce in any way whatsoever all materials, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such rights.
4. The User acknowledges the global nature of the internet and agrees to comply with all applicable local rules, including but not limited to rules regarding online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of data.
5. In case of claims by third parties against the Provider against actions of the User, the User is obliged to bear all legal, administrative, and other expenses related to these claims.
6. In case of non-compliance by the User with the above provisions, the Provider has the right to terminate access to the service immediately.

VI. Rights and Obligations of the Provider

1. The Provider undertakes to maintain the full functionality of the web-based system SIRMA ACADEMY and to comply with all requirements of applicable law in its operations.
2. The Provider is not responsible for:
• Any problems and/or interruptions in the operation of SIRMA ACADEMY due to reasons beyond its control;
• The operation of SIRMA ACADEMY if the User has not met the technical requirements for installation and operation of the computer systems or requirements.
• The availability, content, authenticity, or security of external websites or other sources of information;
• Actions, negligence, or omissions by third parties, including but not limited to: telecommunications providers, computer and internet services, subcontractors, or for errors or omissions of their devices, equipment, or systems;
• Any content posted on the SIRMA ACADEMY platform. The User is solely responsible for the profiles, comments, messages, notes, text, documents, presentations, videos, animation files, lists, and other content that they upload, post or display on or through the Service or transmit or share with other users;
• For any claims by third parties regarding content posted by users on the SIRMA ACADEMY platform;
• Creating backup copies and replacing any user content posted or stored on SIRMA ACADEMY or provided to the SIRMA ACADEMY platform after 3 months from the termination of access to the platform. The Provider has the right to make such copies upon request of the User. The Provider does not claim ownership over the user content on the SIRMA ACADEMY platform.
3. The Provider has the right to delete or remove (without notice to the User) any content on the SIRMA ACADEMY platform at its discretion for any reason or no reason, including without limitation content that, in the Provider's judgment, violates the General Terms and Conditions or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of users or others.
4. Notwithstanding the above, the Provider's liability to the User or to a third party for loss, damage, costs, or expenses for any reason and regardless of the form of the legal action whether the case relates to contractual or non-contractual liability, in case of negligence or not, in all cases does not exceed the price of the training fee.

VII. Right of Withdrawal

1. TThe User has the right to withdraw from the training without stating a reason, without owing compensation or penalty, and without paying any costs, within a 14-day period, starting from the date of acceptance of the public offer by the User.
2. The deal between the parties is considered concluded from the moment of successful enrollment for the training after payment, if such is due for the training.
3. When the User wishes to withdraw from the training, they inform SIRMA ACADEMY of their decision before the expiration of the above-mentioned 14-day period.
4. The User has exercised their right of withdrawal if they have sent a message to SIRMA ACADEMY to exercise their right of withdrawal before the expiration of the 14-day period, with the message to be sent via the official communication channels mentioned in these General Terms and Conditions.
5. Upon receiving the message to exercise the right of withdrawal by SIRMA ACADEMY, the latter sends the User confirmation of receiving the withdrawal to the User's email address for correspondence.
6. Exercising the right of withdrawal terminates the obligations of the parties in connection with the respective training. After receiving the confirmation, the amount will be refunded to the User through the channel through which the payment was made. If it is necessary to return amounts paid by card for contracted and performed services by us, this will be done by us through a credit transaction to the card with which the payment was made. The Provider may use another payment instrument to refund the amount, only if the User expressly wishes and consents to it. The use of an alternative payment instrument is not associated with costs for the User. The User can expect the refund to be made without undue delay and no later than 14 days from the date on which the Provider was notified of the User's decision to withdraw from the contract.

VIII. Disclaimer of Warranties

1. The User understands and agrees that the SIRMA ACADEMY platform is provided on an "as is" and "as available" basis and that the Provider assumes no responsibility for the timely or correct delivery or retention of any user information or communication. The Provider is not responsible for the accuracy or existence of any communications between Users. The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Any materials downloaded or otherwise obtained through the use of the Platform are done at the User's own discretion and risk, and the User will be solely responsible for any damage to their computer system or loss of data that results from the download of such material. No advice or information, whether oral or written, obtained through the Platform, administered by the User.

IX. Confidentiality

1. The Provider and the User consider all information exchanged between them in connection with the use of the platform as confidential and process such information in good faith.
2. The parties are obliged to keep such information confidential and to refrain from actions that would violate or harm their reputation and interests.

X. Protection of Personal Data

1. Upon registration, the User expressly consents that the Provider may process all data or information, including personal data provided by the User, in any manner deemed necessary for the purposes of providing the Service.
2. The User and the Provider undertake and guarantee that all personal data of the User or third parties, subject to the use of SIRMA ACADEMY, will be processed only to the extent necessary for the provision of the Service and conducting online trainings in accordance with the provisions of the Data Protection Act.

XI. Information Exchange through SIRMA ACADEMY

1. The User is obliged to comply with all legal requirements in relation to the information provided or exchanged by them through SIRMA ACADEMY. Specifically, it is prohibited to exchange any information of a racist or pornographic nature or containing hate speech or of any other nature that is contrary to applicable law, morals, or decency.

XII. Protection of Intellectual Property

1. All rights to intellectual property (including rights to trademarks, copyrights, databases, etc.) on "SIRMA ACADEMY" and its components (including but not limited to software, documentation, design, license codes, license files, and other materials, all updates, modifications, solutions achieved in the course of work) or contained in or related to the Provider's websites and service, are the exclusive property of the Provider.
2. The User refrains from any actions of reproduction, modification, adaptation, distribution, publishing, transmission (electronically or otherwise), presentation, transferring to a server, broadcasting via radio signal, publishing materials from the Provider's internet pages and/or related to the SIRMA ACADEMY program, including text, graphics, compilations, computer programs, code and/or software in any way or in any form without the express prior written consent of the Provider.
3. Unless expressly permitted by the Provider, the User may not use and/or provide to third parties text or program files of the products subject to these General Terms and Conditions for the purposes of software development or business or to take any other actions that violate or contribute to the violation of the intellectual property rights of the Provider. The Provider accepts that all intellectual property rights over content created by the User or a third party and which is exchanged and recorded by SIRMA ACADEMY belong to the authors and their owners in accordance with applicable law.

XIII. Termination of the Service

1. The provision of the service is terminated by terminating access to the User's profile:
• In case of significant or repeated non-fulfillment of obligations by the User;
• In other cases defined in these General Terms and Conditions.

XIV. General Provisions

1. These General Terms and Conditions and all relations between the parties are interpreted in accordance with the legislation of the Republic of Bulgaria.
2. All disputes related to the agreed relationships between the Provider and the User, including those related to their existence, interpretation, validity, or termination, if not resolved through mutual negotiations between the parties, are resolved by the competent court in Sofia.
3. The parties undertake to exchange all communications in writing with registered letter or electronically to the addresses by registration;
4. Each party must be duly informed in writing by the other party in case of change in the above circumstances. The absence of such notification frees the party from responsibility for inaccurate communications according to these General Terms and Conditions.
5. The invalidity of individual clauses of these General Terms and Conditions does not lead to the invalidity of the entire General Terms and Conditions.
6. If any of the clauses of these General Terms and Conditions are treated as unequal clauses, they are not considered binding for the user, but in their entirety, the General Terms and Conditions continue to act for the parties under the remaining conditions, when it can be executed without the unequal clauses.