Terms and Conditions of Use of the NUADU Service

§1 Definitions

1. These Terms and Conditions set out the terms of use of a web service found under the domain name https://system.nuadu.com (hereinafter referred to as “NUADU”)by Users.
2. Whenever used in these Terms and Conditions the following terms shall have the meanings set forth below: 
   • User – an individual having access to NUADU1. In entering into or terminating agreements Users who are not of age must be represented by a statutory representative.
   • School – a specific category of User which is an educational institution or other similar organization (tutoring center, training center, institute or firm that renders educational services) that has entered into a binding license agreement with Nuadu to gain access to NUADU and on such a basis makes NUADU available to other categories of Users;
   • Account – a record in the database of NUADU that allows access to NUADU after authentication.
   • NUADU – a company trading as Nuadu Sp. z o.o. with registered office in Gdynia 81-451, Al. Zwycięstwa 96/982.
   • NUADU – a service offered by electronic means to Users,which takes the form of an educational platform developed by Nuadu and available at: https://system.NUADU.com. The platform is based on original software developed by Nuadu. All materials for Users who use NUADU as part of compulsory education comply with a core curriculum.
   • GDPR - the General Data Protection Regulation.
   • Terms and Conditions - these terms and conditions3. 

§2 Entering into and termination of electronic services agreement

1. The User logs in to NUADU on https://system.NUADU.com.
2. The User logs in for the first time using a login assigned to it by Nuadu. Thereafter the Userwill use its email address provided while logging in for the first time as a login. The password required for logging in for the first time will be provided to the User by Nuadu; thereafter the User will set its own password4. 
3. After the User accepts the Terms and Conditions and gives its consent to the processing of its personal data for the purposes of rendering the Service, the User enters into a binding agreement on the use of NUADU.
4. Registration with NUADU is free, however, Users will be charged for the use of its features, subject to Clause 6 below. The agreement on the use of NUADU shall continue for a perpetual duration. The use of additional functionalities of NUADU might be limited in terms of time in line with individual arrangements5. The price list is available at , after registration. Users will receive appropriate notification before activating any paid features6.
5. The User can stop using NUADU at any time7. In each case, however, the agreement shall expire upon expiration of the license.
6. If NUADU is used as part of compulsory education pursued by a specific User for a School, basic features will be made available free of charge. In that case, Nuadu’s obligations to School, payment terms, license term and the range of available NUADU features will be set out in a separate agreement.

§3 Technical parameters

1. Minimum technical requirements for the use of NUADU:
   • Internet connection,
   • an up-to-date version of a web browser,   
   • Microsoft Windows XP/Vista/2008/7/8 operating system,
   • enabled JavaScript,
   • enabled cookies,
   • enabled Secure Socket Layer ( SSL),
   • Flash ver. 9 plugin, 
   • for mobile devices: mobile device with one of the following operating systems: 
     • Android OS 4.0 or higher
     • iOS [.]5.0 or higher

§4 Account

1. The User may not allow third parties access to its Account. The User should protect its login and password.
2. The User may not use Accounts of other Users.
3. Nuadu may use User Account only to eliminate disruptions or technical issues within the Account or the NUADU service provided that the elimination thereof by other means is not possible.
4. The User can reset its Account password by sending a notice as stipulated in § 10 below.

§5 Personal data and cookies

1. Nuadu sp. z o.o. is the controller of personal data.
2. The data is processed to: 
   • Create and keep a profile within NUADU,
   • Allow for the use of NUADU (including viewing as per granted permissions)
3. The legal basis of data processing:
   • Performance of an agreement,
   • Our legitimate interest.
4. The recipients of data include entities engaged by us to process data.
5. Rights of data subjects:
   • the right of access to personal data, right to rectify or delete data or limit processing thereof,
   • other rights laid out in detailed notice
6. The NUADU service collects information about Users through the use of cookie files8.
7. Cookies:
   • are used also for the needs of statistics;
   • are placed as Users enter and exit NUADU. Cookies do not interfere with the operation of User’s end device;
   • are not used to identify individuals or to establish the identity of Users.
8. Each User has the right to object to the placement of cookies on its end device9. 
9. Users should safeguard data against disclosure. 

§6 Use of NUADU

1. Placement of illegal or offensive content on NUADU or content which is against the laws applicable in Poland or any content that promotes violence can be deemed immoral or is contrary to good morals is forbidden.
2. In the event of receipt of official notice about the illegal nature of data provided by the User, access to any such data will be immediately denied. 
3. In the event of receipt of information about illegal nature of data provided by the User from a reliable source, access to any such data will be denied immediately after the User is notified about the intention to deny access thereto.

§7 Copyright

1. The software operating the NUADU service, the appearance, functional layout, elements of graphic design, images, logotypes, documents, applications, databases and content of the NUADU service, as a whole or in part, including but not limited to assignments, are protected by law as a subject of proprietary copyrights or other rights owned by Nuadu and the User uses those rights based on a licence granted by Nuadu10.
2. The User may not duplicate, sell or market otherwise or distribute the content or images of the NUADU service, as a whole or in part, especially it may not transmit or make it available through computer systems or networks or any other ICT systems for any purpose other than that reasonably justified by the intended application of the service and reasonable expectations of the User.
3. If the User places any material protected by exclusive copyright of that User within the NUADU database, it will be presumed that the User has granted a license to use that material to the greatest extent permitted by law. 

§8 Complaints

1. No warranty is given that NUADU will meet all the expectations of the User nor that it will remain operational without fault or interruption. Nonetheless, we will make every effort to ensure that potential faults are removed on an ongoing basis. NUADU and all support services are delivered and offered on an as-is basis, with all potential defects. Nuadu reserves the right to temporarily prevent access to NUADU, especially during downtime for making repairs or modifications aimed at functional and technical development of NUADU.
2. In each case Nuadu shall be liable for any wilful damage done.

§9 User support

Technical support is available on business days between 8 AM and 6 PM via email: help@nuadu.com or telephone: + 48 734-190-130. In addition, technical support is available 7 days a week 24 hours a day via chat at: www.system.nuadu.com. 

Nuadu warrants that it will respond to every report within a maximum time of 1 business day (Monday through Friday, public holidays excluded). 

§10 Final provisions

1. Any amendments to the Terms and Conditions will be communicated via the NUADU service.
2. Issues not provided for herein shall be governed by the regulations of law, including but not limited to the Act on delivery of electronic services, Act on consumer rights, GDPR, Act on copyright and related rights and the Civil Code.
3. The User may not withdraw from a distance contract as Nuadu’s services are rendered in real time upon payment is made in accordance with the price list and the User is hereby notified of the same.
4. These Terms and Conditions shall be governed by the laws of Poland. Disputes shall be settled by competent common courts in Poland.
5. The User may follow out-of-court procedures for resolution of complaints and pursuing claims by filing its complaint, e.g. via the EU ODR Platform, available here: http://ec.europa.eu/consumers/odr/.