Terms of Use EraLMS

Introduction

The website available at https://eralms.com (“Website”) provides information about our learning management system platform EraLMS (“Platform”) and allows visitors to request demo access to it.

The Website is operated by Majestara Development Limited, a company registered under the laws of the Republic of Cyprus, with registration number HE 456272, having its registered office at Latitudes Commercial Offices Phase C, Acropoleos 23, office 205, 7000, Meneou, Larnaca, Cyprus (“Company”, “we”, or “us”).

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you”, “user”) and the Company, governing your use of the Website and demo access to the Platform.

By accessing or using the Website, or by requesting and/or using demo access to the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or the Platform.

The collection and processing of personal data in connection with your use of the Website and the Platform are carried out in accordance with our Privacy Policy.

If you have any questions or comments regarding these Terms, the operation of the Website, or the Platform, please contact us at support@eralms.com.

Entire Agreement

These Terms and any policies, including our Privacy Policy and any operating rules published on the Website, constitute the entire legally binding agreement and understanding between you and the Company, governing your use of the Website and demo access to the Platform (“Agreement”).

By using the Website or requesting demo access to the Platform, you declare and warrant that:

• you have read, understood, and hereby agree to be legally bound by and to comply with these Terms in full;
• you are an individual with full legal capacity, meaning you have reached the age of majority under the laws of your jurisdiction and are not otherwise restricted;
• according to your local jurisdiction, you are eligible to enter into this Agreement and have no restriction on using the Website or requesting demo access to the Platform;
• you comply with all applicable laws and regulations; and
• if you act on behalf of a corporation, governmental organization, or other legal entity, you have the right, power, and authority to enter into these Terms on behalf of such an entity and bind it to these Terms.

About EraLMS

EraLMS Platform is a universal and adaptable learning management system designed to meet diverse corporate training scenarios.

For the purposes of these Terms, the term “Platform” means the cloud-based application environment hosted and operated by the Company, which includes access to certain features and functionalities as selected by the user. The Platform may consist of various software modules, databases, and services accessible via the internet. The term does not include any transfer or installation of object or source code to the user.

The Platform supports a wide range of use cases, including:

• Employee Training & Development
• Employee Onboarding
• Compliance & High-Risk Training / Attestation
• Customer & Partner Education (White Label / SaaS)
• Talent Development & L&D

The Website provides information about the Platform, including its features, case studies, blogs, and other related resources. Users may also submit a request for demo access to the Platform through the Website.

How to Request Demo Access

To request demo access to the Platform, you need to complete the Request a Demo Form available on the Website.

When submitting the form, you will be asked to provide the following information:

• Full name
• Company name 
• Work email
• Country
• Team size
• Purpose of your request
• Previous experience with learning management systems
• Phone number

After submitting the form, our manager will contact you to provide a free consultation regarding the Platform. Please note that the consultation will not exceed 60 minutes and may be conducted via phone call.

By clicking “Submit” or “Request a Demo”, you confirm that you consent to be contacted by the Platform’s representative via phone or email for the purpose of providing demo access and related information.

Freemium Demo Access

The Company hereby grants the user a free, non-exclusive, non-transferable, revocable, and limited right to remotely access and use the Platform as a service (SaaS) for the purpose of familiarizing themselves with the basic functionality of the Platform for internal business operations (“Freemium Access”).

The Platform is hosted and maintained by the Company and is not provided for download or installation on the user’s systems, except for configuration access, where this is explicitly agreed upon in writing.

The duration of the Freemium Access shall be three (3) months from the date of activation. Upon expiration of this period, the user’s access will be automatically terminated, and all related data will be permanently deleted unless the user upgrades to a paid access option in accordance with a separate agreement with the Company.

Features available under the Freemium Access:

• 1 company/tenant/workspace
• Up to 50 users
• Up to 20 courses
• Unlimited number of administrators 
• Basic statistics
• Basic email support
• Multilingual interface

Users may, upon an individual request, obtain demo access to the paid access options of the Platform: Standard, Pro, Business, or Enterprise, for evaluation purposes. Such demo access cannot exceed seven (7) days and is governed by these Terms and, where applicable, by separate written arrangements agreed between the user and the Company.

Content and intellectual property rights 

Our content

All materials available on the Website and within the Platform, including but not limited to texts, images, designs, graphics, information, logos, icons, audio and video materials, interfaces, software, trademarks, trade names, and other elements (collectively, “Content”), as well as all copyrights and other intellectual property rights in such Content, belong to the Company or are made available with the permission of the respective copyright holders.

The Content and any of its elements may not be used without our prior written consent or that of the respective owners, in any manner not expressly permitted by these Terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to:

• access and use the Website and Platform from your personal devices under the terms and conditions set forth herein;
• view and access any Content made available through the Website or Platform.
  
  

We may periodically update and modify the functionality or design of the Website and Platform. This license applies to all such updates and modifications unless otherwise notified by the Company.

Under this license, you are prohibited from:

• reproducing, publishing, distributing, modifying, creating derivative works from, or otherwise exploiting the Content for any commercial or unlawful purpose without our prior written consent;
• removing, obscuring, or altering any proprietary notices from materials downloaded or printed from the Website or Platform;
• fully or partially decompiling, reverse engineering, or attempting to extract the source code of the Platform or any related software;
• developing derivative software, modifying, or creating any other program based on the Platform, its updates, or any part thereof;
• uploading or transmitting files that contain viruses, malware, or otherwise threaten the security or integrity of the Platform or Website;
• circumventing, disabling, or otherwise interfering with any technical protection measures implemented to safeguard the Platform or Website.

User Content

Users may upload, create, or submit content through the Platform, including but not limited to courses, modules, lessons, media files, documents, images, feedback, and other materials (“User Content”). Users are solely responsible for all User Content they upload or share and for any consequences arising from such activity.

We do not verify the accuracy, quality, or legality of the User Content and are not responsible for its review or moderation. We may, at our discretion but without any obligation, review, analyze, filter, edit, or remove any User Content that may violate these Terms or applicable laws.

The Company is not responsible for detecting or preventing intellectual property infringements or other unlawful activities within User Content. The Company shall not be liable, directly or indirectly, for any loss or damage arising from or in connection with any User Content.

Any content uploaded or shared through the Platform must:

• be truthful, accurate, and reliable;
• not contain offensive, obscene, or discriminatory language or materials;
• not include unauthorized or unsolicited advertising, spam, or other forms of solicitation;
• not be fraudulent, deceptive, or otherwise in violation of applicable laws, regulations, or third-party rights;
• not violate the privacy rights of any individual or entity.

By uploading, submitting, or distributing any User Content through the Platform, you represent and warrant that:

• you do not infringe upon the proprietary or moral rights, trade secrets, or any other intellectual property rights of third parties;
• you are the sole owner of the User Content or have obtained all necessary rights, licenses, and permissions to grant the Company and other users the rights to use such User Content in accordance with the functionality of the Platform and these Terms;
• you are solely responsible for any personal data contained within the User Content (including addresses, phone numbers, photographs, or other identifying information);
• the Company is not required to make any payments or compensation to any person or entity in connection with the use of the User Content.

The user is solely responsible for any User Content uploaded, stored, or otherwise processed through the Platform. Under no circumstances shall the Company be liable for the use or misuse of User Content by other users or third parties.

Electronic Communications

By providing us with your contact information through the Website or the Platform, you understand and agree that we may contact you by email, phone calls, or other electronic means for purposes including, without limitation:

• confirmation and details related to your access request;
• follow-up communication from our manager, including scheduling or conducting a consultation;
• updates about the Platform’s functionality or available access options;
• news, announcements, or commercial offers that may be relevant to you.
  
  

Please note that some communications may have a commercial nature, as they may include information about our Platform, features, or offers that we believe could be of interest to you.

You may opt out of receiving such communications at any time by notifying us or using the unsubscribe option provided at support@eralms.com. However, in such cases, you acknowledge and agree that you may not receive important updates or information related to your access, consultations, or the Platform.

Links to Third-Party Websites

The Website and the Platform may contain links to, or rely on, third-party websites, services, or resources that are not owned or controlled by the Company.

We do not control, endorse, or assume responsibility for the content, products, services, or functionality available on or through such third-party websites or services. The Company shall not be liable for any losses, damages, or other liabilities arising from your access to, use of, or reliance on any such external websites, services, or content.

You acknowledge and agree that your use of third-party websites, services, or content is subject to separate terms of use and privacy policies established by their respective owners or operators.

Warranties and Disclaimers

The Website and the Platform are provided to you on an “as is” and “as available” basis. Except as expressly stated in these Terms or in any of our official policies published on the Website, the Company disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, to the fullest extent permitted by law.

This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, or accuracy and reliability of the Website, Platform, or their content.

The Company makes no guarantees or representations that:

• the Website or Platform will operate uninterrupted or error-free;
• any defects or errors will be corrected;
• the Website or Platform are free of viruses, malware, or other harmful components;
• the content, information, or materials available are accurate, complete, or reliable.

We take reasonable measures to maintain the functionality, security, and availability of the Website and Platform, as well as to protect your data. However, access may be temporarily unavailable or interrupted due to factors beyond our control, including but not limited to technical failures, system overloads, maintenance, third-party service disruptions, hacker attacks, power outages, or network issues.

Limitation of Liability

We are not responsible for any inaccuracies, omissions, or typographical errors in the information, materials, or content made available through the Website or the Platform, nor for any deficiencies, delays, or failures in their operation.

To the fullest extent permitted by law, in no event shall the Company, its founders, employees, contractors, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, goodwill, or property, arising out of or in connection with:

• your use or inability to use the Website or the Platform;
• any errors, inaccuracies, or omissions in the content;
• any interruption, suspension, malfunction, or unavailability of the Website or Platform;
• the presence of viruses or other harmful components;
• your reliance on information or materials obtained through the Website or Platform, even if the Company has been advised of the possibility of such damages.

These limitations apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or otherwise.

The foregoing limitations of liability shall not apply to the extent prohibited by applicable law. You may have additional rights under consumer protection or other relevant legislation that cannot be excluded or limited by these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its founders, partners, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or related to:

• any breach by you of these Terms;
• your use or misuse of the Website, the Platform, or any of their features or Сontent;
• any violation by you of applicable laws or regulations;
• any breach by you of an agreement or terms with a third party to which you are subject.

The Company reserves the right to take appropriate measures against any user who violates these Terms, including restricting or banning access to the Website or Platform and seeking compensation for any damages caused.

Applicable Law and Dispute Resolution

These Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its rules on conflict of laws.

You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of, in connection with, or relating to these Terms, including, without limitation, those relating to their validity, interpretation, performance, or enforceability, shall be settled through amicable negotiations conducted directly with the Company, following the principles of good faith and cooperation.

If attempts to reach a consensus through such negotiations fail, the dispute shall be resolved by arbitration under the Cyprus Arbitration and Mediation Centre Rules, by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Larnaca, Cyprus, or online (as agreed by the parties). The language of the arbitration shall be English.

Termination

Termination by the Company

We reserve the right, at our sole discretion and with prior notice, to modify, suspend, or discontinue the Website, the Platform, or any part of their Content at any time. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or termination of access.

We further reserve the right to take any lawful measures we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access to the Platform.

The Company may cooperate with competent authorities and third parties to investigate suspected violations of law or these Terms.

Termination by the User

Stopping Use of the Website
You may terminate these Terms in relation to your use of the Website at any time by simply ceasing to use the Website. You may also, at your discretion, notify us of your decision to stop using the Website by emailing us at support@eralms.com.

Termination of Freemium Access
You may terminate your Freemium Access at any time by notifying us via email at support@eralms.com. In any event, Freemium Access will automatically terminate upon the expiry of a three (3)-month period, unless you enter into a separate agreement for paid access.

Upon termination or expiry of your Freemium Access, your account access will be disabled, and all related data and materials stored in your account will be permanently deleted, except where we are required to retain certain information under applicable law or our Privacy Policy.

Other Terms

If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

We may assign or transfer our rights and obligations under these Terms to a third party. Such assignment shall not affect your rights or our obligations under this Agreement.

A printed or properly stored electronic version of these Terms shall be admissible as evidence in legal or administrative proceedings arising out of or in connection with the use of the Website or the Platform, to the same extent and under the same conditions as other business documents and records created and stored in printed form.

We reserve the right to update or modify these Terms at any time. If a material change may affect your use of the Website, the Platform, or your Freemium Access rights, we will provide reasonable prior notice before such changes take effect, including by posting an update on the Website and/or sending an email notification to the contact address you provided. Your continued use of the Website or the Platform after the effective date of the updated Terms constitutes your acceptance of the changes.

Failure or delay by the Company to enforce any provision of these Terms shall not be deemed a waiver of such provision or of any other rights. Headings used in these Terms are for convenience only and shall not affect their interpretation.