Terms of Use

Terms of Use (ToU)

1. General
   
   1. LearningSuite FlexCo (Platform Operator) has developed the LEARNINGSUITE platform (Platform) and makes it available to its contractual partners as an online learning platform. The Platform enables the contractual partner to create, design, and publish courses and services (Content) for its users.
   2. Pursuant to the agreement concluded with the Platform Operator, the contractual partner is authorized to create user accounts to the agreed extent and to grant access to the platform content — created by the contractual partner or one of its users — to a closed group of individual users, and not to the general public.
   3. As an additional feature of the Platform, the contractual partner may, for itself and the user accounts it has created, select and activate certain AI applications offered by third-party providers (e.g., OpenAI, Anthropic, Google Cloud, Gemini) (the “3PP”), such as chatbots (AI agent, AI concierge), (3PP AI Applications), which are identified and labeled as such by the Platform Provider.
   4. The contractual partner agrees to comply with these ToU and to require its users to comply with the ToU.
   5. These ToU apply to the use of the Platform by the contractual partner and by the respective users, regardless of whether they consume content or upload content and data to the Platform.
   6. Each user accepts the applicability of the ToU and, in the case of activated 3PP AI Applications, also the respective terms of use and other applicable guidelines of the 3PP — which may be updated from time to time by the 3PP — by registering as a user of the contractual partner and through each individual use of the Platform via logins. If a user does not accept the ToU, this user is not authorized to use the Platform or the content and data made available on it.
   7. Gender-specific terms used in the ToU apply equally to all genders.

2. Registration and User Account
   
   1. Use of the Platform requires registration and the creation of a user account.
   2. A valid email address is required for registration. The user must generally be of legal age at the time of registration. If a minor (MJ) intends to use the Platform, MJ’s legal guardian(s) must complete the registration on MJ’s behalf, thereby granting consent for MJ’s use of the Platform and assuming sole liability for all claims by the Platform Operator or third parties arising from MJ’s use of the Platform. If MJ is under 14 years of age, use of the Platform is permitted only if, in addition, a legal guardian personally supervises MJ’s every use of the Platform. The Platform Operator does not verify the age of users through technical verification measures. The use of third-party AI Applications is prohibited for MJ in all cases.
   3. The user is obligated to provide complete and truthful information upon registration. The user may not use a false email address or impersonate another person. Pseudonyms are not permitted. The Platform Operator or the contractual partner may request verification if there is reasonable suspicion of false information.
   4. The user must immediately update any changes to the information provided during registration in their user account.
   5. The user must keep their login credentials (username, password) confidential and protect them from access by third parties. Disclosing them to third parties is prohibited (see, however, Section 2.2 regarding exceptional use by MJ).
   6. The user must immediately notify the Platform Operator as soon as there are indications that login credentials are being misused.
   7. The Platform Operator is not liable for damages resulting from unauthorized use of the login credentials if the user negligently allowed the compromise to occur.
   8. The user account is non-transferable and may be used exclusively by the registered user personally.

3. List of Obligations for Platform Users – Rules of Conduct
   

   The following list of obligations sets forth the binding rules of conduct that every user must adhere to when using the Platform.

   1. General Obligations of Use
      1. The user must ensure that they have a sufficiently fast and stable internet connection, as well as a commonly used web browser (one used by at least 1% of internet users) in its current version, to use the Platform. The web browser must have all updates installed and must support JavaScript. If the Platform is accessed via a mobile application (app), the user must ensure that they are using the Platform on a commonly available, standard mobile operating system. The minimum standard is an operating system officially offered and distributed by Google Inc. (Android) or Apple Inc. (iOS), in a version that is still supported by the respective manufacturer and receives security updates at the time of use.
      2. When using 3PP AI Applications, the user must take the following into account:
         1. Content generated by artificial intelligence may, by its very nature, vary in quality and accuracy. Since the 3PP AI Applications are based on algorithms and predictions, each user is obligated to independently verify — including through human review — the results of the 3PP AI Applications for accuracy and appropriateness for the specific use case before using or sharing them. These results cannot replace professional or personalized advice.
         2. The user is prohibited from using the results of 3PP AI Applications for purposes that could have legal or material consequences, such as decisions regarding credit, education, employment, housing, insurance, law, health, medicine, or other important decisions.
         3. The user is prohibited from using 3PP AI Applications in a manner that, under Regulation (EU) 2024/1689 (AI Act), (i) constitutes one of the prohibited practices in the field of AI, (ii) is classified as a high-risk AI system, or (iii) constitutes a high-risk use case.
         4. Third-party AI Applications may generate incomplete, incorrect, or offensive content that does not reflect the Platform Operator’s views. If the results of third-party AI Applications refer to third-party products or services, this does not imply that the Platform Operator recommends or is affiliated with such third-party products or services.
         5. The user may not use any confidential, protected, or proprietary information or personal data of third parties as input for the use of 3PP AI Applications and expressly agrees not to use 3PP AI Applications for any illegal, harmful, or abusive activities.
         6. The user may not use results from 3PP AI Applications to develop their own artificial intelligence model or to contribute to the development of an artificial intelligence model by third parties.
      3. The user is obligated to use the Platform exclusively for lawful purposes and in accordance with the ToU and applicable legal regulations.
      4. The user must respect the rights of the Platform Operator, the contractual partner, other users, and third parties.
      5. The user is obligated not to engage in any actions that could endanger, impair, or place an excessive burden on the technical operation of the Platform. Before uploading data and content to the Platform, the user must check them for viruses or malware. The transmission of infected data may lead to urgent maintenance work and, consequently, to restrictions on availability and accessibility.
   2. Prohibited Content (Content Obligations)
      1. The user is strictly prohibited from publishing, uploading, posting, sharing, or distributing the following content or data on the Platform, with or without the support of 3PP AI Applications:
         • Content that violates legal prohibitions, in particular content that is seditious, racist, anti-Semitic, discriminatory, or incites violence;
         • Content that sexually depicts, exploits, or abuses minors;
         • Sexual content or pornography;
         • Content that trivializes, glorifies, or incites self-harm or suicide;
         • Depictions of illegal acts or transactions, extreme violence, or animal cruelty;
         • Terrorist or extremist content, as well as propaganda for banned organizations;
         • Content that infringes on the copyrights, trademark rights, patent rights, or other intellectual property rights of third parties;
         • Unauthorized commercial communications (advertising), spam, chain letters, fraudulent or dubious business models, phishing messages, or advertising without the express permission of the Platform Operator;
         • Insults, defamation, or slander;
         • Malware, viruses, trojans, ransomware, or other malicious software;
         • Content that circumvents the Platform’s security or protection mechanisms or damages its systems or data;
         • Content that creates or disseminates deepfakes or other deceptive content;
         • Content used for the development, imitation, analysis, benchmarking, or benefit of products or services that compete with the Platform;
         • Personal data of third parties without their consent;
         • Content that is likely to mislead users or deceive them regarding qualifications, learning outcomes, or certifications;
         • Content that violates laws or public decency.
   3. Obligations regarding Communication and Interaction
      1. The user must maintain a respectful and objective tone when communicating with other users, the contractual partner, and the Platform Operator.
      2. Insults, threats, bullying, stalking, or sexual harassment directed at other users are prohibited.
      3. The deliberate manipulation or disruption of rating systems, discussion forums, or course evaluations through fake posts is prohibited.
      4. The user may not post any content that gives the impression of originating from the Platform Operator or official authorities without being authorized to do so (impersonation).
   4. Obligations for Users as Content Creators
      1. The user must ensure that all data, course content, materials, and media uploaded by them do not infringe on the rights of third parties and serve to accurately represent the learning content.
      2. The user is required to correctly cite the sources used, including disclosure of where artificial intelligence was used.
      3. The user may not encourage other users to engage in actions that violate these ToU or applicable law.
   5. Technical Usage Requirements
      1. Automated access to the Platform (bots, scrapers, crawlers) is prohibited without the express written permission of the platform operator.
      2. The systematic, automated downloading, saving, and printing of copyrighted content from the results of 3PP AI Applications constitutes prohibited misuse by the user.
      3. The use of automated scripts, bots, or other methods to execute queries en masse in 3PP AI Applications is expressly prohibited. Inputs intended to enable the user or others to perform unauthorized actions—in particular, so-called prompt injection and jailbreaking—are also prohibited.
      4. The user must not attempt to circumvent security measures, exploit vulnerabilities, or gain unauthorized access to areas of the Platform that are not intended for them.
      5. The use of VPN services or anonymization services for the purpose of circumventing geographic or usage-related restrictions without the Platform Operator’s permission is prohibited.

4. Copyright and Intellectual Property
   
   1. Rights of the Platform Operator
      1. The Platform and all content provided by the Platform Operator (text, graphics, logos, software, databases, design) are protected by copyright. The Platform Operator holds a comprehensive and unrestricted right to use the work.
      2. The user is granted a simple, non-transferable, revocable right to use the Platform exclusively through the agreement entered into between the contractual partner and the Platform Operator and subject to the terms of the General Terms and Conditions and the ToU. The user is prohibited from modifying, decompiling, or otherwise interfering with the Platform Operator’s exploitation rights.
   2. Users’ Rights to their own Content
      1. The user remains the owner of their copyright-protected content.
      2. By uploading or sharing content on the Platform, the user grants the Platform Operator a license — limited in scope and duration to the operational life of the Platform, free of charge, and non-exclusive — to use, store, reproduce, and make the content available to other users for the purpose of operating the Platform.
      3. The user warrants that they possess the necessary rights to the uploaded content and data and that uploading or sharing such content does not infringe upon the rights of third parties.
   3. Reporting Copyright Infringements
      1. Copyright infringements can be reported via the central contact point (see Section 8.1 ).
      2. Required information: complete contact details, description of the protected work in question, the content in question, and proof of ownership of the relevant rights.

5. Indemnification and Liability
   
   1. User Liability to the Platform Operator
      1. The user is liable to the Platform Operator for all damages arising from the user’s culpable violation of these ToU, in full accordance with statutory provisions.
      2. The user shall, upon first request, indemnify the Platform Operator against any liability and any costs (including, but not limited to, legal costs) or penalties in this regard and shall fully compensate and hold the Platform Operator harmless.
   2. User Liability to Third Parties
      1. The user is personally and solely responsible for the content they publish on the Platform. The Platform Operator assumes no liability for user-generated content, whether created with or without the 3PP AI Application. MJ’s respective legal representatives are liable for MJ.
      2. In the event of violations of copyrights, personal rights, or other rights of third parties, the user shall be liable in accordance with the applicable legal provisions.
      3. The Platform Operator is entitled to disclose the name and contact information of the responsible user in the event of valid claims by third parties, to the extent required by law.
   3. Limitations on the Platform Operator’s Liability
      1. The Platform Operator is liable in all relevant cases only in cases of willful misconduct or gross negligence. In cases of slight negligence, the Platform Operator is liable exclusively for personal injury. This applies mutatis mutandis to liability for the conduct of third parties whom the Platform Operator engages to fulfill contractual obligations.
      2. The Platform Operator is not liable if a legal representative has not completed the registration, provided consent, or supervised MJ’s use of the Platform.
      3. The Platform Operator is liable only to the extent of adequate, foreseeable, and typical damages, unless liability arises from personal injury.
      4. The Platform Operator assumes no liability for the accuracy, completeness, or timeliness of the course content provided by the contractual partner or the respective user.
      5. The Platform Operator is not liable for 3PP AI Applications provided by 3PP or for any results, summaries, overviews, data, or other content generated by them.
      6. The Platform Operator assumes no liability for platform outages resulting from force majeure (natural disasters, cyberattacks by third parties, legislative measures, etc.).
      7. The Platform Operator is not liable for content and links stored on the Platform, provided that it (i) has no actual knowledge of any illegal activity or illegal content within the meaning of Article 3(h) of the Digital Services Act (DSA, Regulation (EU) 2022/2065 of October 19, 2022), and is also unaware of any facts or circumstances from which illegal activity or illegal content is clearly apparent, or as soon as it (ii) obtains such knowledge or awareness, takes prompt action to block access to or remove the illegal activity or illegal content.
      8. For contractual partners, the Platform Operator’s limitation of liability as agreed in the General Terms and Conditions applies.
   4. Criminal Law and Reporting Obligations
      1. If user-generated content contains references to serious criminal offenses — in particular, but not exclusively, visual depictions of minors in a sexual context or child abuse material, acts of terrorism, or death threats — the Platform Operator will file a report with the competent law enforcement authorities.
      2. The Platform Operator complies with its legal reporting obligations and, in cases of suspected violations, forwards relevant information to the appropriate courts and authorities.

6. Data Protection and Confidentiality
   
   1. The processing of users’ personal data is carried out in accordance with the applicable legal provisions. The Platform Operator processes users’ personal data in accordance with applicable data protection laws and, in particular, in accordance with Regulation (EU) 2016/679 (GDPR). For comprehensive information on data processing, the Platform Operator refers to the privacy policy published on its website in its currently valid version.
   2. Users may process the personal data of other users only to the extent necessary for the intended use of the Platform.
   3. Each user is obligated to anonymize or pseudonymize the personal data of third parties when creating content, unless the publication of such data is covered by a legal basis.
   4. The user agrees to use all information, data, calculations, reports, and programs made available to them solely for the purpose of using the Platform and to keep them confidential otherwise. If the user becomes aware of the Platform Operator’s trade and/or business secrets, the user must also maintain confidentiality regarding these trade and/or business secrets.

7. Content Moderation
   
   1. As a provider of an intermediary service, the Platform Operator is obligated to operate a transparent and fair system for moderating content. The following provisions specify these requirements for the use of the Platform.
   2. The Platform Operator is entitled and obligated to immediately remove or block illegal content as defined in Article 3(h) of the DSA as soon as it becomes aware of such content.
   3. Content uploaded or published by users on the Platform is manually reviewed by the Platform Operator to the extent that the Platform Operator has been notified of any potential violations. Additionally, random spot checks are conducted. However, the Platform Operator does not review all content uploaded to the Platform; nor is the Platform Operator obligated to do so.
   4. If the Platform Operator becomes aware that content may violate the rules set forth in this Terms of Use agreement or constitutes unlawful content as defined in Section 7.2, the respective content will be temporarily blocked immediately. The respective user will then be contacted and asked to provide a statement regarding the matter.
   5. Once the deadline for submitting a statement — which is set in the request letter depending on the content under review — has expired, a decision regarding further action will be made based on the available information. The decision is made on a case-by-case basis. In doing so, the Platform Operator proceeds carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved, as well as the fundamental rights of users enshrined in the Charter of Fundamental Rights of the EU — such as the right to freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms. Furthermore, the Platform Operator also takes into account the nature, intensity, and specific actions of the user, as well as the user’s degree of fault. Depending on the Platform Operator’s legal assessment and the severity of the violation, the following measures will be taken:
      • A warning via email requesting corrective action;
      • Temporary or permanent removal of content;
      • Temporary suspension or permanent closure of the user account;
      • Restriction of content visibility;
      • Revocation of measures taken;
      • Forwarding of information to (law enforcement) authorities in cases of reasonable suspicion (statement of facts);
      • Restriction of certain user functions;
      • Suspension or termination of the provision of the service, in whole or in part.
   6. In any case, the user will be informed of the measures taken by the Platform Operator, along with the corresponding justification.
   7. Anyone may submit reports regarding content that violates the rules outlined above to the Platform Operator (see Section 8). Unless the Platform Operator is required to disclose the reporter’s information, it will not forward this personal data to third parties.

8. Reporting Violations / Single Point of Contact
   
   1. The Platform Operator has established the following single point of contact through which authorities, users, and third parties can contact the Platform Operator directly. The single point of contact is responsible for:
      • Reports of illegal content
      • Inquiries regarding data protection and the exercise of GDPR rights
      • Inquiries from authorities
      • Copyright complaints
      • Other legally relevant matters
      Single Point of Contact

      Data Controller

      LearningSuite FlexCo
      Attn: Fabio Moretti

      Email

      [email protected]

      Mailing Address

      Alte Poststraße 156, 8020 Graz, Austria

      Phone

      +43 316 455 088 (Mon–Fri, 9:00 a.m.–5:00 p.m.)

      Online Registration Form

      https://www.learningsuite.io

      Languages

      German, English

      Response time

      Confirmation within 2 business days; processing within 15 business days
   2. The submitting person must provide the Platform Operator with the following in their report:
      • a sufficiently substantiated explanation of the reasons why the submitting person alleges the information in question to be illegal content;
      • a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
      • the name and email address of the submitting person, except in the case of information is considered to involve one of the offenses referred to in Articles 3 to 7 of Directive 2011/93/EU;
      • a statement confirming the bona fide belief of the person submitting the notice that the information and allegations contained therein are accurate and complete.
   3. The Platform Operator shall acknowledge receipt of reports without delay and shall notify the submitting person of the decision in respect of the information to which the notice relates, providing information on the possibilities for redress in respect of that decision.
   4. As a small enterprise, the Platform Operator is not required to participate in an out-of-court dispute resolution procedure under Recommendation 2003/361/EC.
   5. Reports that intentionally contain false or misleading information may result in the suspension of the right to file reports.

9. Community
   
   1. If the contractual partner has booked the corresponding module from the Platform Operator for its users, the Platform Operator also offers the option to set up a community area and to post or comment on content on the Platform.
   2. In this regard, users are obligated to comply not only with the ToU (in particular the list of obligations — rules of conduct in Section 3) but also with the following provisions.
   3. All content (information, photos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, and other material) posted by users in the community area (Posts) is the sole responsibility of the user who posted it.
   4. The Platform Operator makes no warranty or representation regarding the truthfulness, content, or quality of any Posts.
   5. By enabling the transmission of Posts within the community section, the Platform Operator acts exclusively as a passive intermediary and expressly assumes no obligation or liability with regard to the Posts or other activities within the respective community.
   6. The Platform Operator reserves the right to remove Posts and exclude individual users from using the respective community without prior notice; a user has no right to demand the removal of Posts that he or she personally considers offensive or insulting.
   7. The user’s right to use the respective community and create Posts is contingent upon the user’s compliance with the following rules of conduct (Community Guidelines):
   8. Only true and non-misleading information is permitted in the user’s profile and in their communication with other users; the user must ensure that the public display of images and photos they submit is permitted within the community. The user must also ensure that they comply with applicable laws and respect all third-party rights when using the community’s content and services. In particular, users are prohibited from posting, commenting on, or forwarding prohibited content as defined in Section 3.2.
   9. Should a user fail to comply with the Community Guidelines, this shall in any case constitute grounds for extraordinary termination vis-à-vis the contractual partner to whom that user is assigned, rendering continued performance of the agreement unreasonable for the Platform Operator. In general, the Platform Operator is entitled, at its sole discretion and regardless of any termination, to terminate or restrict the user’s participation in the respective community or to temporarily suspend the user’s access.
   10. All Posts within the community are public and expressly not private in nature. The Platform Operator reserves the right to moderate the community to ensure compliance with the ToU.

10. Final Provisions
    
    1. Austrian substantive law applies, excluding the conflict-of-laws provisions of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods.
    2. For all disputes arising out of or in connection with these ToU, including disputes regarding their validity, breach, or nullity, the exclusive jurisdiction of the competent court in Graz or — at the plaintiff’s option — in Vienna, Inner City, is agreed upon.
    3. Should any individual provisions of these ToU be or become void, unenforceable, and/or invalid, this shall not affect the enforceability or validity of the remaining provisions of the ToU. The void, unenforceable, and/or invalid provision shall be replaced by a valid or enforceable provision that most closely approximates the economic substance of the void, unenforceable, and/or invalid provision. The same applies to any gaps in these ToU.

11. Amendments to the Terms of Use
    

    The Platform Operator expressly reserves the right to amend the ToU at any time. Amendments to the ToU will be communicated to the contractual partners and shall be deemed agreed upon by the contractual partners and the users associated with them if the contractual partner does not object to the amended ToU in writing within 14 days. With regard to technically necessary and security-related changes, as well as changes necessitated by changes in the legal or regulatory landscape, the contractual partners have no right to object. These changes shall take effect 14 days after notification to the respective contractual partners and the users associated with it.

June 2026