1. Scope
These conditions apply to Success Plans for Opigno LMS provided by Connect-i Sàrl, Le Trési 6C, 1028 Préverenges, Switzerland (VAT CHE-114.078.026), referred to as “Connect-i”, “we” or “us”.
Your order form and these conditions form the whole agreement between you and Connect-i for your Success Plan. If they conflict, the order form prevails. Terms in your own purchase orders do not apply.
These conditions apply to Success Plans ordered or renewed from the date shown above. They replace, for Success Plans, the Main Services Agreement, Success Plans Conditions and Custom Development Conditions previously published on opigno.org. Plans signed earlier remain governed by their previous terms until their next renewal.
2. Definitions
- Customer or you: the organisation named in the order form.
- Instance: one Opigno LMS platform, identified by its production URL, including its development, test and staging copies.
- Order form: the document, signed by both parties, that sets out your plan, its price and any specific terms.
- Business hours: Monday to Friday, 9:00 to 17:00 Swiss time (CET/CEST), excluding public holidays in the Canton of Vaud.
3. Term and renewal
A Success Plan covers one Instance and starts for an initial term of one year. It then renews automatically for one year at a time, unless either party cancels in writing (email is enough) at least one month before the end of the current term.
4. Fees and payment
Fees are set out in the order form and invoiced annually in advance, unless the order form says otherwise. Invoices are payable within 30 days. Fees exclude VAT and other taxes, which are added where applicable.
Fees are not refundable, except where you end the plan because of a material breach by Connect-i (see section 15). If an invoice is more than 30 days overdue, we may suspend the plan after giving you 10 days’ written notice. We will not suspend it while you dispute an invoice in good faith.
We may change our prices for the next term by informing you at least two months before the renewal date.
5. Support and response times
You request support by creating a ticket on the support platform whose address we give you. Other channels, such as email, phone or a shared Slack channel, are available only if agreed in your order form. Support is provided during business hours.
Each ticket receives a severity level, agreed between you and us:
| Level | Meaning |
|---|---|
| Critical | The platform is down or unreachable, data is being corrupted, or a function essential to your users cannot be used and has no workaround. |
| High | A function can only be used with severe restrictions by more than 20% of users. A workaround or manual intervention may be needed. |
| Medium | A function can be used with minor restrictions. Users can still complete their tasks. |
| Low | Little or no impact on tasks, such as spelling mistakes or display issues. |
Response times are set in your order form and counted in business hours. A response is a first reply from an engineer who has reviewed the ticket. It is not a commitment to resolve the issue within that time, but we work on critical and high-severity issues continuously during business hours until they are resolved or a workaround is in place.
6. Designated contacts
You name at least one designated contact who opens tickets and is our main point of contact. Designated contacts should know your platform well and be able to describe and reproduce the issues they report. You handle first-level support for your own users, such as password resets and account lockouts. Let us know when your designated contacts change.
7. Reproducing issues
We can only fix issues we can reproduce. You agree to help us do so, for example by providing logs, steps to reproduce or, if you approve it, remote access to your platform.
We support standard Opigno LMS platforms running a version we maintain, on Linux, with MySQL and Apache or Nginx. Issues that cannot be reproduced on such a platform are not covered.
8. Updates, repository and mobile app
During your plan, you receive maintenance updates, security patches and exclusive features through a private repository. Access is provided for your Instance only. You must keep your access credentials confidential and not share them outside your organisation and the service providers who host or maintain your Instance for you. If credentials are shared beyond this, we may revoke access.
The Opigno mobile app is published by Connect-i on the app stores. It works with your Instance for as long as your plan is active.
Opigno LMS code is distributed under the GNU General Public License. Nothing in these conditions limits the rights you have under that licence for code you have received.
9. Custom development hours
If your order form includes development hours, you can use them for analysis, development and testing of changes to your Instance. Every development includes analysis before it starts and testing before delivery.
Send us your request and we will reply with an estimate. To keep work efficient, a single request should represent at least 8 hours; smaller requests can be grouped. If your remaining hours are not enough, we will offer to sell you the extra hours needed, and will only start once they are agreed.
Unused hours expire at the end of each yearly term. They cannot be carried over or refunded.
10. Included and optional services
Every Success Plan includes a dedicated Success Manager and a platform audit. Expert coaching sessions and deployment support are options, available only if your order form includes them. The exact scope of each service is set out in your order form.
Dedicated Success Manager (included)
Your single point of contact at Connect-i, available during business hours. They agree priorities and timelines with you, follow critical incidents and escalations, and run regular reviews of your platform.
Expert coaching sessions (option)
Sessions with an Opigno expert on configuration, administration and best practice. Monthly hours are set in your order form. Unused hours do not carry over to the next month.
Platform audit (included)
Once a year per Instance, on request, a review of code and security practices, error trends and performance, with recommendations. When you face a technical issue, an expert can also connect to your server remotely to diagnose it, with your approval.
Deployment support (option)
Up to one deployment per month per Instance. Tell your Success Manager at least seven business days in advance, with the scope and timing. An engineer is assigned beforehand and helps troubleshoot during the deployment.
11. What the plan doesn’t cover
- Writing or testing custom code or SQL queries, except within your development hours.
- Issues caused by your hosting, or by changes made by you or a third party.
- Creating training content.
- First-level support for your users.
- Products and technologies other than Opigno LMS, such as servers, databases, networks or third-party software.
12. Your responsibilities
You are responsible for hosting your Instance, keeping backups, installing updates (unless deployment support is included), and the data you store on your platform. You decide whether and how to apply the advice we give you.
13. Confidentiality
Each party keeps confidential the non-public information it receives from the other, uses it only for the Success Plan, and shares it only with people who need it and are bound by similar obligations. This includes your data and, on our side, our pricing, documentation and any material we provide under the plan. These obligations do not apply to information that is public, already known, received lawfully from a third party, or developed independently.
When we access your platform, we process personal data only on your instructions and only as needed to provide support. If you need a data processing agreement, ask us and we will provide one.
14. Liability
Each party’s total liability under a Success Plan is limited to the fees you paid for that plan in the twelve months before the event giving rise to the claim. Neither party is liable for indirect or consequential damage, including lost profits, revenue or data. These limits do not apply to liability for intent or gross negligence, or where the law does not allow them.
Neither party is liable for delays caused by events beyond its reasonable control.
15. Termination
Either party may end a Success Plan with immediate effect if the other party commits a material breach and does not fix it within 30 days of written notice, or becomes insolvent. If you end the plan because of our breach, we refund the fees paid for the remaining part of the term.
When a plan ends, access to support, the private repository, the mobile app and any remaining services ends too. Code already installed on your platform is not affected.
16. Changes
We may update these conditions. Changes apply from your next renewal, and we will not materially reduce the services of your plan during a current term.
17. Governing law
These conditions are governed by Swiss law. Any dispute will be submitted to the courts of Lausanne, Switzerland.