If you are acting on behalf of a company or organization, you accept this Agreement on behalf of such entity. The term "you" (or "Customer") in this Agreement will in this event refer to the entity on whose behalf you are acting, and you hereby warrant that you are duly authorized to represent such entity, and that we may rely on your acceptance of these terms as valid and binding for the entity in question.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms of service of this agreement. If you do not agree to all the terms of service of this agreement, then you may not access the Service. If these terms of service are considered an offer by Erudika, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Registration ("sign up") for the Website is required if you want to use the Service. If you sign up for an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign keywords to any material you post to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Erudika may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Erudika liability. You must immediately notify Erudika of any unauthorized uses of your account or any other breaches of security. Erudika will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
In case you do not access the Website for a period of 30 days and you are on a free account, the resources allocated for your account, like read and write capacity, will be lowered to a minimum value of 1 for both the read and write capacities. This will have no effect on your data and these resources can be restored once you sign back in.
If you post any materials or data to the Website or otherwise make (or allow any third party to make) materials available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to the Website, you grant Erudika a worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt and publish the Content solely for the purpose of enabling Erudika to provide you with this Service.
If you delete the Content, Erudika will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Erudika has the right (though not the obligation) to, in Erudika's sole discretion (i) refuse or remove any content that, in Erudika's reasonable opinion, violates any Erudika policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Erudika's sole discretion. Erudika shall have no obligation to provide a refund of any amounts previously paid by any individual or entity, having been denied access.
Erudika has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Erudika does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You are responsible for keeping your private data safe, including your account password and your API secret key.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms of service, stated or unstated. Erudika disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ParaIO.com links, and that link to ParaIO.com. Erudika does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Erudika does not represent or imply that it endorses such website or webpage. Erudika disclaims any responsibility for any harm resulting from your use of external websites and webpages.
As Erudika asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ParaIO.com violates your copyright, you are encouraged to notify Erudika in accordance with Erudika's Digital Millennium Copyright Act ("DMCA") Policy. Erudika will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Erudika will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Erudika or others.
This Agreement does not transfer from Erudika to you any Erudika or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Erudika. Erudika, ParaIO, ParaIO.com, the ParaIO.com logo, and all other trademarks, Service marks, graphics and logos used in connection with ParaIO.com, or the Website are trademarks or registered trademarks of Erudika or Erudika's licensors. Other trademarks, Service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Erudika or third-party trademarks.
Erudika reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Erudika may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of service of this Agreement.
You may terminate this Agreement at any time by cancelling your account on the Website that you subscribe to with immediate effect. Termination of this Agreement shall neither release you from any obligations undertaken under the clauses of this Agreement, nor from any obligations to pay us for any outstanding fees. Any outstanding fees will be billed or withdrawn from your registered credit card. You will not receive any refunds by cancelling your Account.
Erudika may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ParaIO.com account (if you have one), you may simply discontinue using the Website. Erudika can also terminate the Website immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In case of termination, we will provide you with a reasonable opportunity to retrieve your Content in connection with the Service affected, if you so request. Such a request must be sent by email to Erudika within 14 days after you receive notice regarding the termination. In any event, Content will be deleted from our Website no earlier than 14 days after termination or notice regarding your account or the Service in question has been sent to you; whichever comes first.
The Website is provided "as is". Erudika and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Erudika nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Erudika, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Erudika shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Erudika, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Payment is required for all Service plans except the limited free plan. If you go over the limits of the free plan, payment will be required for upgrading to the plan that matches your usage of the Service. The Website shall not discontinue the Service abruptly in that case, or any other case where plan upgrades are required. Instead we will contact you by email and ask you to provide a valid credit card, name and adress, required for payment. This email will mark the beginning of a 7 day period, in the end of which we will deactivate your account until payment details are provided.
Erudika will charge your credit card on a monthly or annual basis in arrears for the Service purchased and/or subscribed to. Charges are based on your elected subscription together with our measurements of your use of the Service, unless otherwise agreed to in writing. Prices depicted on the Website are final and are exclusive of VAT. You are responsible for paying all taxes and government charges, if any, in your own jurisdiction. Your subscription will renew automatically, unless Erudika terminates it or you terminate your subscription as described in Section 8. You must terminate your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Any outstanding balance becomes immediately due and payable upon termination of any the Service for any reason.
Unpaid amounts are subject to interest charge at the rate of 1.5% per month, or the highest rate permitted by law, whichever is less. You are responsible for paying all reasonable expenses and attorneys’ fees that Erudika incurs collecting late amounts. Erudika reserves the right to discontinue the provision of any of the Service to you in the event of late payments.
To the fullest extent permitted by law, you waive all objections relating to charges unless submitted by email within 10 days after you have been informed about the charges.
Your payment information is not stored on our Website's servers - we rely on third party payment processing services to do that. Erudika may also provide information in connection with valid legal processes, including exercising its legal rights or defending itself against claims. Erudika shall not be liable for any use or disclosure of such information by such third parties.
Erudika reserves the right to change its fees and payment policies for the Service and will notify you at least 14 days before such changes become effective. Changes to the fees or payment policies will be posted on the Website.
This Agreement constitutes the entire agreement between Erudika and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Erudika, or by the posting by Erudika of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms of Service; Erudika may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Except to the extent applicable by law, if any, provides otherwise, this Agreement, and any access to or use of the Service and Website will be governed by the laws of the European Union (EU), excluding its conflict of law provisions, and the proper venue for any disputes arising out of, or relating to any of the same will be the courts located in Sofia, Bulgaria.
This privacy notice discloses the privacy practices for ParaIO.com. This privacy notice applies solely to information collected by this Website. It will notify you of the following:
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via our Website, email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via email:
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Registration for our Website is required. Registration is used by the Website to identify customers. Users must agree to our Terms of Service when they register. All contributed content, including private data (defined below), will be kept private and secure.
During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. Your profile picture (avatar) is considered public and can be downloaded and re-used by other services, either scraped from the HTML interface or in bulk as FOAF files.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
The following data items are considered private data that won't be shared with other users, business partners, or the public at large:
This Website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
This appendix forms an addition to the SaaS-agreement (the agreement) as agreed upon by Erudika Ltd., in the role of Processor, and Customer, in the role of Controller.
This appendix supersedes any arrangements previously made between the Parties with regard to the Processing of Personal Data.
The agreement between Processor and Controller applies to the Processing operation performed by Processor on the basis of the underlying assignment issued by Controller. The agreement refers to the specific service that provides the use of Scoold Pro product that is hosted by Processor.
The agreement and this corresponding appendix bind both parties at the time of signing and confirms the mutual rights and obligations of both parties. When a term is capitalized it refers to the meaning of the definition set out in Article 4 of the GDPR.
Processor shall be regarded as Processor because of the performance of the underlying assignment and in respect of the Personal Data that Processor will process. The Controller shall be regarded as Controller.
2.1 The Controller assigns and instructs the Processor to process the Personal Data on behalf of the Controller.
2.2 Processor shall process Controller data only in accordance with Controllers documented instructions as set forth in this Data Processing Agreement (hereafter DPA). Processor shall only process the Personal Data of Controller to the extent that the Processing is necessary for the performance of the agreement, never for its own benefit, for the benefit of Third Parties and/or for advertising and/or other purposes, as the case may be, unless a provision of EU law or Member State law applicable to the Processor obliges the Processor to process. In that case, the Processor shall notify the Controller in writing of this provision prior to Processing, unless such legislation prohibits such notification for important reasons of public interest.
3.1 The different categories of Personal Data processed by Processor are:
The different categories of data subjects are: employees, associates
3.2 Controller will not process any other data then personally identifiable information in the software. Personally identifiable information obtained through the recorder, must be blurred by using the censor functionality offered by the product. Processor does not carry any liability concerning sensitive data. This non-liability does extend to security incidents or other incidents involving sensitive data.
4.1 Processor shall take reasonable steps to ensure the reliability of any employee, agent, contractor, Sub-processor or any Third Party who may have access to the Personal Data of the Controller. Processor will ensure that access to the Personal Data is strictly limited to those individuals whose access is relevant for the purposes of the agreement or who need access to comply with Applicable Laws in the context of that individual’s duties to the contracted Processor. Processor will ensure that all fore mentioned individuals are subject to confidential obligations of professional or statutory nature.
5.1 The Processor will take appropriate technical and organizational measures to ensure a level of security appropriate to the risk, so that the Processing meets the requirements of the GDPR and other applicable laws and regulations concerning the Processing of Personal Data and the protection of the rights of data subjects is guaranteed.
5.2 In assessing the appropriate level of security, the Processor shall take into account the state of the art, the newest developments, the cost of implementation, as well as the nature, scope, context and purposes of Processing, and the various risks to the rights and freedoms of individuals in terms of probability and seriousness, especially as a result of the destruction, loss, alteration or unauthorized disclosure of or access to data transmitted, stored or otherwise processed, whether accidentally or unlawfully.
6.1 Controller has the right to carry out inspections or to have them carried out by an auditor appointed on a case-by-case basis. The auditor shall assess the Processor's compliance with this DPA in its business operations by means of random checks, of which the Processor will be notified in advance.
6.2 Processor shall allow the Controller to verify compliance with its obligations as provided by article 28 GDPR. The Processor undertakes to give the Controller the necessary information on request and, in particular, to demonstrate the implementation of the technical and organizational measures.
6.3 Evidence of the implementation of such measures, which may not only concern the activities under this DPA, may also be provided by:
6.4 Processor may charge a reasonable fee to the Controller for enabling inspections.
7.1 Without unreasonable delay and within 24 hours upon discovering a Personal Data Breach, the Processor shall inform the Controller. The Processor shall inform the Controller via the contact person. The Processor warrants that the information provided, to the best of the Processor's knowledge at that time, is complete, correct, and accurate.
7.2 If it is not possible for the Processor to provide all information from the data breaches form published by the data protection authority simultaneously, the information may be provided to the Controller in stages without unreasonable delay.
7.3 The Processor has adequate policies and procedures in place to ensure that it can:
7.4 The Processor will refrain from reporting Personal Data Breaches to the Supervisory Authority and/or the affected data subjects, unless expressly requested to do so in writing by the Controller.
8.1 Processor undertakes to provide full cooperation and assistance, as it may be reasonably possible, in order to assist the Controller in responding to data subjects' requests for the exercising of their rights.
8.2 In particular, Processor undertakes to (i) immediately communicate to the Controller any request received by data subjects concerning the exercising of their rights and, if feasible and appropriate, to (ii) enable the Controller to design and deploy all the technical and organizational measures necessary to answer the data subjects' requests.
8.3 Notwithstanding the fact that the Controller bears the responsibility to respond to the data subjects' requests, the Processor can accept to be tasked with the fulfilment of some specific requests, provided that such tasks do not require disproportionate efforts from the Processor and that the Controllers provides detailed instructions in writing.
8.4 Processor may charge a reasonable fee to the Controller for providing cooperation and assistance in responding to data subject’s requests for exercising of their rights.
9.1 The Processor shall provide the Controller with all necessary assistance and cooperation in enforcing the obligations of the Parties under the GDPR and other applicable laws and regulations concerning the Processing of Personal Data. To the extent that such assistance relates to the Processing of Personal Data f or the purpose of the performance of the agreement, the Processor shall in any event provide the Controller with such assistance relating to:
9.2 Processor may charge the Controller a reasonable fee for support services which are not included in the description of the services and which are not attributable to the Processor's misconduct, mistakes or infringements.
10.1 Both parties mutually acknowledge and agree that the data processing activities under this agreement will not take place outside of the European Economic Area.
11.1 Processor may engage or replace a Sub-processor for the performance of Processor's Processing of Personal Data under the DPA.
11.2 The Processor shall inform, in writing, the Controller in the event of changing Sub-processors no later than one (1) month prior to intended changes regarding the addition, replacement or removal of Sub-processors whereby the Controller shall be given the opportunity to object to these changes in writing within one (1) month after the Controller has been informed by the Processor of the intended change.
11.3 The Controller is entitled to terminate the agreement if they can’t come to an agreement on the change of a Sub-processor.
11.4 Processor shall enter into a written agreement with each Sub-processor containing data protection obligations that provide, at minimum, the same level of protection for Controller data as set in this DPA, to the extent applicable to the nature of the service provided by such Sub-processor.
11.5 The Sub-processors engaged by the Processor in the performance of the DPA are:
12.1 The Controller and the Processor shall cooperate, on request, with the Supervisory Authority. The Controller shall be informed immediately of any inspections and measures executed by the Supervisory Authority, insofar as they relate to the activities under this DPA.
13.1 Processor does not store Personal Data that are processed longer than is necessary for the aforementioned purposes of data Processing or on the basis of laws and regulations (with due observance of the retention periods resting on us).
14.1 Each party to this DPA commits to indemnify the other party for damages or expenses resulting from its own culpable infringement of this DPA, including any culpable infringement committed by its legal Representative, subcontractors, employees or any other agents. Furthermore, each party commits to indemnify the other party against any claim exerted by Third Parties due to, or in connection with, any culpable infringement by the respectively other party.
14.2 Article 82 GDPR stays unaffected.
14.3 Each Party is obliged to inform the other Party without undue delay of any (possible) liability claim or the (possible) imposition of a fine by the Supervisory Authority, both in connection with the DPA. Each Party is obliged in all reasonableness to provide the other Party with information and/or support for the purpose of putting up a defence against a (possible) liability claim or fine as referred to in the previous sentence. The Party providing information and/or support is entitled to charge any reasonable costs in this respect to the other Party; the Parties shall inform each other as much as possible in advance of these costs.
15.1 The duration of the DPA is equal to the duration of the agreement. The DPA cannot be terminated separately from the agreement. Upon termination of the agreement, the DPA ends by operation of law and vice versa.
16.1 Processor shall not create copies or duplicates of the data without the Controllers knowledge and Consent, except for backup copies, insofar as they are necessary for ensuring that data is processed correctly, and where the retention of such data is required by law.
16.2 After conclusion of the provision of services, Processor shall, at the Controllers choice, either delete in a data-protection compliant manner or return to the Controller, all the Personal Data collected and processed under this DPA, unless any applicable legal provision requires further storage of the Personal Data.
16.3 In any case Processor may retain beyond termination of the contract all the information necessary to demonstrate the compliance of the Processing activities carried out.
16.4 The documentation referred to under point (3) above, shall be stored by Processor in accordance with the applicable retention periods, statutory or otherwise determined. Processor may hand the documentation over to the Controller upon termination of the agreement. In such case, Processor is relieved from any obligation to keep such documentation.
17.1 The DPA and its performance are governed by Bulgarian law.
17.2 All disputes arising between the Parties in connection with the DPA shall be submitted to the competent court in the place where the Controller has its registered office.
18.1 Alexander Bogdanovski, managing director at Erudika is designated as the contact person on behalf of the Processor.