General Business Terms and Conditions (GBT)

1. Preliminary Provisions

a) System operator for the management of the education LMS Foxario is a company:

Štúrova 23, 960 01 Zvolen, Slovak Republic
Company ID: 36638072
VAT ID: SK2022015644
Company Executive Directors: Ing. Jozef Babiak, Ing. Peter Petruš
Phone: +421 45 5376599

b) Online system LMS Foxario placed at the address is a system for managing education, intended for companies, educational institutions, lecturers, teachers, individuals, who wish to provide educational content to their target group.

c) GBT specify rights and duties indicating from providing services on the portal as well as from using this system.

2. Terminology Definition

Terminology used in the text of the GBT stand for following meaning:

a) Education Manager – any natural or legal person, who shall to provide and deliver educational content for learners or a group and shall gather data about how they study.

b) Learner – is natural person, which is beneficiary of the educational content determined by the Education Manager.

c) Content of Learning – training resp. course in electronical form in a form of presentation, PDF document or SCORM file, which shall be provided to students or a group by manager of the learning.

d) Registration – is data set required by provider from a new manager of learning for enter into the portal and usage of its free or charged services. Registration is free of charge. Condition of the registration is acceptance of General Business terms and acknowledgement with Conditions of the Processing and Protection of Personal Data.

e) User – is user of the system for learning management, either manager of learning or learner.

3. Way of delivering services

a) Services provided by the portal are provided exclusively via the internet. Condition of using the services is registration which is free of charge.

b) User takes note that for smooth operation of the services provided by the portal is required updated internet browser, if possible the latest version of the browser.

c) Operator supports all common internet browsers with the latest upgrades: Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera.

d) Display on mobile devices such as smartphones or tablets may not always be correct, and some content may not be displayed at all.

4. Rights and Obligations of the Operator

a) Operator undertakes to use all available means to ensure that the learning management system LMS Foxario operates flawlessly but does not warrant error-free operation or hidden defects.

b) In the event of any damage or penalty to the operator arising from the fault of the user, the operator shall be entitled to recover damages.

c) The operator is entitled to technical shutdown and maintenance of the portal without prior notice.

d) The Operator operates the learning management system on the Portal and is not responsible for the content of the learning materials.

e) The operator is entitled to payment for the services provided according to the valid price list.

f) The operator has the right to change the price list of the services provided.

g) The Operator has the right to place advertising on its portal.

h) The Operator is not responsible for the activities and behavior of individual users. In case of violation of moral and ethical principles, in case of promotion of nationality, race, faith, religion, violence, pornography and advertising, the operator may deny access or completely cancel the user's account.

5. Education Manager Rights and Obligations

a) Education Manager agrees to use the Learning Management System for its intended purposes only, without the possibility of being used for the promotion of nationality, religion, violence, pornography or advertising.

b) In the case of a user's interest in promoting products, goods, services other than in the form of educational content or in the interest of placing advertising on the portal, there must be a mutual agreement between the operator and the user. Lacking it, promotion and advertising will be considered a violation of the GBT.

c) Education Manager shall be entitled to delivery of the services upon payment of the full amount according to the applicable price list,

d) Education Manager is obliged to protect his/her access data to the system in order to prevent its misuse or a security incident. In case of suspected misuse of access data or account, he/she is obliged to contact the operator without delay.

e) Education Manager is aware that the educational content is subject to Act No. 618/2003 on Copyright and Rights Related to Copyright, hereinafter referred to as the Copyright Act. Unauthorized copying, reproduction or other interference with copyright is prohibited.

6. Prices, Payment for Services and Delivery Terms

Registration at portal is free of charge. The price list and parameters of the subscription packages are as follows:

a) Subscription FREE - suitable for familiarization with LMS Foxario. Contains:

  • 1 learning course
  • possible course format: PowerPoint
  • 3 learners
  • 30 MB data space for course storage

b) Subscription fee SMALL – suitable for lecturers. Contains:

  • 2 learning courses
  • possible course formats: PowerPoint + SCORM
  • 20 learners
  • 100 MB data space for course storage

c) Subscription fee MEDIUM - suitable for small educational organizations. Contains:

  • 5 learning courses
  • possible course formats: PowerPoint + SCORM
  • 100 learners
  • 500 MB data space for course storage

d) Subscription fee LARGE - suitable for medium size educational organizations. Contains:

  • 15 learning courses
  • possible course format: PowerPoint + SCORM
  • 300 learners
  • 1500 MB data space for course storage

e) Subscription fee EXTRA- suitable for bigger educational organizations. Contains:

  • 50 learning courses
  • course format: PowerPoint + SCORM
  • 1000 learners
  • 10 000 MB data space for course storage

f) Payments for services can be made by card using the Stripe payment gateway. Payment is billed monthly and an electronic invoice is issued for each payment.

g) The delivery time when purchasing a subscription package is immediately after a successful electronic transaction. Payment for the services shall be deemed to be the credit of the full amount to the Operator's account.

7. Claims

a) The user is entitled to make a claim electronically after he/she has found out the reason for the claim. The user is obliged to duly state the reason for the claim or to deliver proof of the error (e.g. screenshot). The e-mail address for reporting claims is:

b) The operator has the right not to acknowledge the claim if there is only a temporary interruption in the provision of services, but for a maximum of 10 hours.

c) The operator is obliged to decide on the claim within 30 days from the date of its receipt.

8. Personal Data Processing and Protection

a) The Operator undertakes to protect the personal data of all users, i.e. the personal data of education managers as well as learners, in accordance with the legislation in force concerning the protection of personal data, in particular Act No. 18/2018 Coll. on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) 2016/679.

b) Education Manager processes personal data about his/her learners as an operator and is obliged to comply with the principles of personal data processing as well as with the obligations arising from the applicable legislation concerning the protection of personal data.

c) By accepting the GTC, the education manager also authorizes the operator of the LMS Foxario system to process personal data for the purpose of education management, evaluation and display of learners' education progress as well as the issuance of documents on completion of education.

d) The controller processes personal data by automated means of processing. Adequate technical, organizational and personnel measures have been taken to protect the data, appropriate to the type of processing, taking into account in particular the technical means to be used, the confidentiality, integrity and availability of the personal data, as well as the extent of the possible risks.

e) The protection of personal data is dealt with separately in the document Information on the processing and protection of personal data, the confirmation of which is a condition of registration onto the portal

9. Final Provisions

a) The Operator reserves the right to change these General Terms and Conditions.

b) Parties agree that communication between them shall be mainly in the form of e-mail messages.

c) Relationships not regulated by these general terms and conditions are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended, and the Act on Consumer Protection in Mail Order Sales. Relationships not regulated by these General Terms and Conditions, which have arisen between the Seller and the Buyer, which is a commercial company or a natural person - entrepreneur, are subject to the relevant provisions of the Commercial Code.

d) These General Terms and Conditions become effective for the User upon confirmation of registration on the Portal

e) The User acknowledges that he/she has read these General Terms and Conditions and accepts them in their entirety.

In Zvolen, 15th April 2022

Ing. Jozef Babiak, Ing. Peter Petruš - Company Executive Directors of the EMPIRE SYSTEMS, s.r.o., operators of the Learning Management System LMS Foxario