Opigno is a product developed and offered by Connect-i Sàrl, a company based in Préverenges, Switzerland (collectively, “Connect-i”, “we”, “us” or “our”; please consult our contact page for our complete contact information).
The following Terms of Service is a legal agreement between you and Connect-i and govern your use of the website https://www.opigno.org (hereinafter: the “Site”) and the services support, development) we offer (see section 1 below; hereinafter: the “Services”).
Through the Site, you have access to a variety of resources and content. These include products, software, databases, data including images, photographs, layouts, graphics and information ("Materials"). Software, Materials, Services, and other information such as, but not limited to comments, faq, forums are collectively referred to as "Content."
By accessing or using the Site, the Services or the Content provided on or through the Site, you agree to follow and be bound by the following terms of service concerning your access to and use of the Site, the Services and the Content provided on or through the Site ("Terms of Service") and our Privacy Notice (“Privacy Notice”). By clicking the “accept” button when registering an account or using the Site and/or the Services, you acknowledge that you have read and understood Terms of Service and agree to be bound by them and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you should not use the Site and/or benefit from the Services.
Connect-i may revise the Terms of Service and Privacy Notice at any time. The revised Terms of Service and Privacy Notice will be effective upon notification to you. You can review the most current Terms of Service at https://www.opigno.org/terms-of-service and Privacy Notice at https://www.opigno.org/privacy. Registered users will be informed of the changes to the Terms of Service by e-mail or notification. However, you remain responsible to regularly check these Terms of Service in order to be informed of any changes. We will notify you by email at least ten (10) days prior to the modification becomes applicable and ask you to consent to these modifications.
1.1. Support service
The support is provided as a remote assistance to you. The contact with you is either via email, or via the form on our website (no phone support). If you subscribed for a support pack "Basic" or "Premium", we are committed to provide support for the use of hosted applications. The response time is mentioned on our website in the description of the pack you subscribed for. "Business days" are the ones relevant for the city Lausanne in Switzerland. Except if explicitly agreed together, the support does not include any modification or coding by our team on your Opigno platform, and just includes advices by email. In case of some code being provided by us, the conditions for "Development service" fully apply. We cannot under any circumstances be liable for any damages, direct or indirect, you caused consequently to an advice we gave you.
1.2. Development service
The development service we offer includes the development of features tailored to your request. Following the transmission of a description of the desired developments, a quotation will be sent to you. If you accept the quotation, payment must be made in advance, prior to the start of developments.
After delivery of developments to you, you will have a period of 2 weeks acceptance period to test them and raise all issues. In case the issues raised are directly related to the developments made by us, we will fix them within the shortest possible delay. Developments will be considered as approved by you when all issues directly related to the developments made by us have been fixed. In case you no issue is raised by you during the 2 weeks acceptance period, developments will be considered as approved.
After approval of developments, a warranty period of 3 months is offered. During this warranty period, all issues directly related to the code developed by us will be fixed free of charge by us. After expiration of this warranty period, any additional issue raised will be estimated and a commercial offer for fixing this issue will be provided to you.
In case of direct or indirect damages caused to the you by these developments, our liability will be limited to the amount you paid for these developments (see point 15.3). Specific developments made for you will be distributed to you under the GNU GPL v. 3 license.
1.3. Collaborative features service
Collaborative features (collaborative workspaces and live meetings) service is offered against subscription.
The service is provided by Moxtra, Inc., having its principal place of business at 1601 S. DeAnza Blvd. Suite 200, Cupertino, CA 95014 USA, also operating with name "Moxo".
If you are interested in using these services offered by a third party company, you will need to confirm your consent with the transfer of your personal data to the servers of Moxtra, Inc.
If you want to use Moxtra Inc. services, you will have to consent to the communication to Moxtra Inc. of some of your Personal data such as base URL of the website, email address of the website administrator, name of the website, total number of users of the website and for all users of the website, username, email address and user ID.
Access codes allowing you to use these third party services can be obtained directly from Moxtra Inc. or from us. These access codes must then be entered in your user interface on the Opigno Platform and validated.
Except if explicitly agreed, a live meeting cannot be done with more than 50 simultaneous Users with video enabled.
1.4. Audit and security services
Cybersecurity services can consist in penetration testing (black box, grey box or white box) of your Opigno instance and associated hosting and network. The penetration testing services will be started after a letter of authorization is signed by you, in order to mention the precise scope and the practices that should not be used by our team of pen testers. The service is operated by our team of highly skilled and certified security engineers, according to the best practices and with great care. We cannot though exclude any negative impact of damage on your infrastructure resulting from the services provided, and we exclude any responsibility for such damages as well as their direct and indirect consequences.
A detailed report will be provided to you every time we provide cyber security services. This report will contain recommendations and advices allowing to eliminate or mitigate some risks, and improve your level of security. Except if explicitly agreed, our services don’t include the implementation of the recommendations provided. We cannot under any circumstances be liable for any damages, direct or indirect, you caused consequently to an advice we gave you.
1.5. Instructional design services
Instructional design service includes the development of training modules and courses tailored to your request, video and picture editing, storyboards, copywriting (hereafter mentioned as "Work"). Following the transmission of a description of the desired developments, a quotation will be sent to you. If you accept the quotation, payment must be made in advance, prior to the start of developments. Our Work will be delivered either as SCORM or H5P packages.
After delivery of our Work to you, you will have a period of 2 weeks acceptance period to test and raise all issues. In case the issues are related to the agreed scope, we will fix them within the shortest possible delay. Our work will be considered as approved by you when all issues related to the agreed scope have been fixed. In case you no issue is raised by you during the 2 weeks acceptance period, the Work will be considered as approved.
After approval of our Work, a warranty period of 3 months is offered. During this warranty period, all issues directly related to the agreed scope will be fixed free of charge by us. After expiration of this warranty period, any additional issue raised will be estimated and a commercial offer for fixing this issue will be provided to you.
To the extent possible, all IP rights related to the Work done will be transferred to you.
In case of direct or indirect damages caused to the you by this Work, our liability will be limited to the amount you paid for it (see point 15.3).
1.6. Maintenance services
Maintenance services are related to software upgrades, adaptive maintenance, and corrective maintenance services. An agreed Service Level Agreement (SLA) will apply for these services. The level of service and SLA will be agreed on the case by case, and a specific agreement will be signed for these maintenance services.
2. Order of Services
Once the payment is done, it is not possible to cancel orders placed on our Site since the Service delivered is custom-developed for you.
Prices indicated on the websites are exclusive of all taxes, levies and duties imposed by taxing authorities and you shall be responsible for payment of such taxes. You agree to pay for any taxes that are applicable to your use of the Services and payments you make to us.
3. Terms Applicable to Specific Services
Some areas of the Site and some Services or Content provided or available on or through the Site, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or of the Services or Content. If there is a conflict or inconsistency between the Terms of Service and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Services and Content, the latter shall prevail with respect to your access and use of that area of the Site or of the Services and Content.
4. Use of Software
Software provided or available on or through the Site are protected by intellectual property rights. Opigno is distributed under GNU GPL v.3 license. Your use of Opigno is subject to the terms of GNU GPL v.3 license and may only be redistributed in strict accordance with the terms of such license.
5. Use of Materials
Materials provided or available on or through the Site are protected by intellectual property rights, including copyrights, and are the sole property of Connect-i. You may download, store, display on your computer, smartphone or electronic device, view, display and print Materials Connect-i makes available on or through the Site subject to the following: (a) the Materials may be used solely for your personal purposes; (b) the Materials may not be modified or altered in any way except for Material made available under open or creative commons licenses which may only be modified in strict accordance with the terms of such licenses; and (c) the Materials may not be redistributed in any way except for Content which is made available under open or creative commons licenses which may only be redistributed in strict accordance with the terms of such licenses.
6. Reservation of Rights
The Site, the Services and Content provided on or accessible through the Site are the intellectual property and copyrighted works of Connect-i. Connect-i reserves all rights, title and interest with regard to the Site, the Services and the Content provided on or accessible through the Site.
Opigno® is a registered trademark of Connect-i Sàrl.
8. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site, the Software, the Services or any Content, accounts, computer systems, database, software or networks. You agree not to attempt to gain unauthorized access to any parts of the Site, the Software, the Services or any Content, accounts, computer systems, software or networks. You agree not to interfere or attempt to interfere with the proper operation of the Site, the Software, the Services or any Content, accounts, computer systems, software or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, the Services or any Content, accounts, computer systems, software or networks and/or to extract, automatically or manually, Content without the Connect-i’s express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized Users only. You agree not to share your password(s), account information, or access to the Site. You are solely responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Connect-i immediately of any unauthorized use of your password(s) or account(s). We will not be liable for any loss or damage from your failure to maintain the security of your account and password.
9. No Unlawful or Prohibited Use
You agree not to use the Site, the Services or the Content provided on or through the Site for any purpose which is unlawful or prohibited by these Terms of Service, any applicable laws and regulations or the rules, guidelines or terms and conditions posted on a specific area of the Site and to comply with all laws or rules applicable to the Services.
11. Force majeure
Connect-i cannot be liable for any delay or failure, when the cause of the delay or failure was due to the occurrence of a force majeure event usually recognized by the courts. The force majeure events suspend the obligations of this contract for the duration of its existence. However, if the event of force majeure lasts for more than thirty consecutive days, it would entitle the automatic termination of this contract by each one of the parties eight days after sending a registered letter notifying the decision.
Connect-i has no obligation to monitor the Site or screen Content or Software that is made available on or through the Site. However, Connect-i reserves the right to review the Site, and the Content and to monitor all use of and activity on the Site, as well as to remove or choose not to make available on or through the Site any Content or Software if it deems appropriate, at its sole discretion.
13. Termination of Use
Connect-i may, in its sole discretion, at any time, discontinue providing or limit access to the Site, the Services, the Software, any areas of the Site or Content provided on or through the Site. Connect-i is entitled, at any time and without any obligation to indemnify you for any damages incurred, to delete your user account and block your access to the Site in the event it considers that your use of Site does not fully comply with these Terms of Service or with any applicable laws or regulations. Connect-i will terminate or limit your access to or use of the Site if you are considered to be an infringer of third party copyrights. You understand and agree that Connect-i shall not be liable to you or any third party for any termination or limitation of your access to or use of the Site, the Software, the Services or any Content.
14. Third Party Websites, Content, Products and Services
The Site may provide links to websites and access to Content, products, and services of third parties. Connect-i is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such websites and third party Content, products and services.
OPIGNO AS WELL AS SPECIFIC DEVELOPMENTS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.
YOU AGREE THAT YOUR USE OF OPIGNO IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, LOST OR DAMAGED DATA, WORK OR BUSINESS INTERRUPTION, CAPITAL LOSSES, COMPUTER OR WEBSITE FAILURE OR MALFUNCTION, OR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED BY YOU OR THIRD PARTIES AS A RESULT OF YOUR USE (OR IMPOSSIBILITY TO USE) OF OPIGNO. THIS DISCLAIMER ALSO APPLIES TO SPECIFIC DEVELOPMENTS MADE BY CONNECT-I FOR YOU.
15.2. Site, Services and Content
THE SITE, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONNECT-I EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. In no event SHALL CONNECT-I OR ITS ADMINISTRATORS BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SITE, THE SERVICES OR THE CONTENT.
CONNECT-I MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (D) THE QUALITY, COMPLETENESS OR RELIABILITY OF SERVICES OR ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND SOLE RISK. CONNECT-I SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE OR ELECTRONIC DEVICE OR LOSS OF DATA ARISING OUT OF THE DOWNLOAD OR USE OF THE SITE, THE SERVICES OR THE CONTENT.
CONNECT-I RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE, THE SERVICES AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL CONNECT-I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, INCLUDING INACCURATE, UNRELIABLE OR MISLEADING CONTENT.
15.3. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR OPIGNO, THE SERVICES OR THE CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY TIME BARRED.
15.4. Exclusions and Limitations
16. Privacy Notice
Connect-i is concerned about your privacy and has developed a Privacy Notice to address privacy concerns. For more information, please see our Privacy Notice. Any personal information collected on this Site will be treated in accordance with our Privacy Notice.
17. Note About Minors
Minors, i.e. people under 18 years of age, are not eligible to use the Site and/or the Services, and shall not register on the Site or submit any information to us without involvement and agreement of a parent or guardian.
18. Legal Compliance
You may not access, download, use or export the Site, the Software, the Services or the Content provided or available on or through the Site, in violation of any applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of agency or authority, and not to directly or indirectly provide or otherwise make available the Services in violation of any such restrictions, laws or regulations.
19. Applicable Laws
All matters relating to your access to, and use of, the Site, Software, Services and Content provided on or through the Site shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof. Any controversy, claim or dispute between a user and Connect-i arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of Connect-i, without prejudice to an appeal to the Swiss Federal Court.
Copyright© Connect-i Sàrl, 2013-2023. All rights reserved.
21. Contact Information
If you have any questions regarding these Terms of Service, please email us at [email protected]