By using the SpotLMS.com website ('Service'), you acknowledge that you accept the following terms and conditions ('Terms of Use').

The Terms of Use, available in the customer account creation form, must be read and validated before creating a Customer account in the SpotLMS service, and constitute the Agreement between Cyrus RH ("We," "Provider" or "SpotLMS"), and “You” (the “Customer”) ordering the “Services.” Cyrus RH means the company Cyrus RH SAS, party to this Agreement, being a company based in FRANCE and having its registered office at 21 rue Marc Donadille, 13013 Marseille, FRANCE, SIREN 447 803 354. “Services” means the learning management solution accessible via the Internet and hosted by SpotLMS, made available to you on a SAAS basis through a website URL (“Portal”). An Authorized User means any employee, contractor, agent or any other person of the Customer authorized by the Customer to access and use the Services, via the subscriptions purchased or free by the Customer, for the purposes specified herein. The Customer is responsible for ensuring that Authorized Users comply with this Agreement.

Cyrus RH reserves the right to update and modify the 'Terms of Use' without prior notice. Any new features that increase or improve the current service, including the availability of new tools or resources, will be subject to the Terms of Service. Continued use of the Service after such changes constitutes user consent to those changes. You can review the latest version of the Terms of Service by visiting 'Terms of Use'.

Failure to comply with any of the terms below will result in termination of your account. Although SpotLMS prohibits such conduct and such content on the Service, you understand and agree that SpotLMS cannot be held responsible for Content displayed on the Service and that you may nonetheless be exposed to such information. You agree to use the Service at your own risk.

Account Conditions

1. You must be a human being. Accounts created by bots or other automated methods are not permitted.
2. You must provide your real first and last name, a valid email address, and any other information requested in order to complete the registration process.
3. Your login may be used by only one person — a single login shared by multiple people is prohibited. You may create separate logins for as many people as your plan allows.
4. You are responsible for maintaining the security of your account and password. Cyrus RH cannot and will not be responsible for any loss or damage resulting from your failure to comply with this security obligation.
5. You are responsible for all Content posted on the site and for any activity that occurs under your account (even when Content is posted by other people who have accounts under your account).
6. An individual or legal entity may not maintain more than one free account.
7. You may not use the Service for any illegal or unauthorized purpose. You may not, through your use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

Payments, Refunds, Plan Changes

1. A valid credit card or PayPal account is required for payments. It is not necessary to provide a credit card number or other means of payment for free accounts.
2. The service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for use during any partial month or year. To ensure equal treatment for all customers, no exceptions will be made.
3. Prices do not include taxes, fees, or duties imposed by tax authorities; you will be responsible for paying any such tax, fee, or duty.
4. Any change to your plan requires a credit card or PayPal account.
5. Downgrading your service may result in the loss of content, features, or capacity in your account. Cyrus RH disclaims any responsibility for such loss.
6. Upgrading from a paid plan to a more complete plan is possible at any time. The cost of the new plan will be reduced by the unused amount of the current plan in proportion to the remaining time.
7. Switching from a paid plan to a lower or free plan will not give rise to a refund. It will take effect immediately if conditions permit. If the number of courses/users exceeds the number allowed in the new plan selected, the change cannot occur until the account administrator removes the courses/users necessary to activate the new plan.
8. At the end of a paid plan that is not renewed, the account will be changed to the free plan. If the conditions do not allow this (too many courses or users) the account will be blocked; the account administrator must contact a Cyrus RH representative by email to proceed with unblocking.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. A request by email or by phone to cancel your account is not considered “cancellation.” A page within the Service provides a simple cancellation link.
2. If you cancel the Service before the end of the current paid period, your termination will take effect immediately. You permanently forfeit any possibility of a refund for the remaining period.
3. Cyrus RH has the right to suspend or terminate your account and refuse any current or future use of the Service for any reason, at any time and without notice, in the following cases: (a) fraud, hacking, criminal act, gross negligence, deliberate or unintentional misconduct, violation of a law or regulation, in the performance of your obligations hereunder, and/or (b) demonstrated use having a negative impact on Service performance and/or (c) violation of the terms and conditions of this Service. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and abandonment of all content in your account.
4. For a paid subscription, SPOT LMS proceeds with immediate performance of the service upon validation of your order and, as such, you expressly waive your right of withdrawal in accordance with the provisions of Article L.221-28 1° of the French Consumer Code.

Service Modifications and Pricing

1. Prices of all services, including, but not limited to, monthly/annual subscription fees for the Service, may be changed with 30 days’ notice initiated by Cyrus RH. Such notice may be provided at any time by posting pricing changes on the site.
2. Cyrus RH will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Content and Personal Data

1. You own all content (including personal data) that you and Authorized Users have entered for the purpose of using the Services, and you are solely responsible for the legality, reliability, integrity, accuracy, and quality of the content. SpotLMS may suspend or terminate the use of the Services and this Agreement immediately upon receipt of a notice alleging that You and/or the Authorized User used the Services for purposes that violate any local, state, governmental, or other nations’ laws, including, but not limited to, posting information that may violate the rights of third parties, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate computer hacking laws or other criminal regulations, etc. You acknowledge and agree that our performance of this Agreement requires us to process, transmit, and store Personal Data in compliance with the constraints described in the “Personal Data Protection Policy,” which forms an integral part of this Agreement.
2. You also acknowledge and agree that We process data relating to Your users that are collected and used by Us, as well as connection data created by the use and operation of the Services, in order to administer or manage Our provision of Services on Your account. Such data may include personal data and information on contractual engagements between Us and You, whether collected at the time of initial registration or thereafter in the context of providing, managing, or administering the Services, including billing and payment collection. You acknowledge and agree that We also process Personal Data that We collect when You submit a request for support or troubleshooting services, including information about the Service, Your Portal, and other details relating to the support incident, such as authentication information, Service status information, and error logs. We process this Personal Data to respond to the request and resolve the reported issue.
3. We will process the aforementioned Personal Data for the duration of our business relationship in compliance with legal obligations.
4. You hereby acknowledge and agree that we will use your name and email address to communicate with you for the purposes of Service delivery and the promotion of new services. You may, at any time and at no cost, unsubscribe from these electronic communications by clicking the “unsubscribe” button contained in the electronic communication. You acknowledge that certain priority messages cannot be subject to unsubscribe, such as an alert prior to account deletion, a payment required to avoid Service suspension, etc.

Cookies

1. We use cookies to ensure persistent login sessions to the Service. By continuing to browse, you agree to the use of cookies. It is not possible to use the Service without cookies.

Copyright and Content Ownership

1. We do not claim any intellectual property rights over the content you provide to the Service. Your profile and uploaded content remain yours.
2. Cyrus RH does not pre-review your content, but Cyrus RH has the right (but not the obligation), at its sole discretion, to refuse or remove any content available via the Service.
3. The following is considered inappropriate content in the context of sending, uploading, sharing, submitting, or using content: a) content that infringes SpotLMS’s or a third party’s intellectual property, property rights or other rights, including copyrights, trademarks, patents, trade secrets, intellectual property rights, publicity rights, or any other proprietary right, b) content you do not have the right to use, c) content that is misleading, fraudulent, illegal, obscene, defamatory, threatening, harmful to minors, pornographic (including pedophilia, which we will remove and report to the police), indecent, harassing, hateful, encouraging illegal or criminal behavior, or otherwise inappropriate, d) attacks on others based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or medical condition, e) content containing viruses, bots, worms, scripts, exploits, cryptocurrency mining or other similar items, f) content intended to be provocative, g) content that could otherwise cause damage to SpotLMS or a third party.
4. The visual identity, look and feel, and SPOT LMS logo of the Service are protected by copyright. You may not reproduce, copy, or reuse any part of the HTML/CSS, JavaScript, or graphic elements without the express written authorization of Cyrus RH.

General Conditions

1. Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis.
2. Technical support is provided only to paying account holders and is available solely via email or chat.
3. You understand that Cyrus RH uses third parties, distributors, and providers to supply the hardware, software, networks, storage, hosting, and related technologies required to operate the Service.
4. You must not modify, adapt, or hack the Service or modify another site for the purpose of falsely implying that the site is associated with the Service.
5. You agree not to make false statements about yourself, nor to conceal the origin of content (including by “spoofing,” “phishing,” header manipulation or other identifiers, impersonating someone else, or falsely implying sponsorship or association with SpotLMS or any third party).
6. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service without the express written authorization of Cyrus RH.
7. You agree not to violate the privacy of others, including their posts or private and confidential discussions without their express permission, and not to collect personal information about other people (including account names or usernames) from the SpotLMS Service.
8. We may, but are under no obligation to, remove content and accounts containing content that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene or objectionable, or that violates intellectual property or any part of the Terms of Service.
9. We reserve the right to contact you from time to time by email. You may easily remove yourself from the corresponding mailing list.
10. Any verbal, physical, written or other abuse (including threats of violence) of any customer, employee, or member of Cyrus RH will result in immediate account termination.
11. SpotLMS will not permit: (a) compromising the integrity of our systems. This may include probing, scanning or testing the vulnerability of any system or network that hosts our services; (b) tampering with the Services or their data, reverse-engineering or hacking our services, unauthorized modification of Service data, bypassing any security or authentication measure, or attempting to obtain unauthorized access to the services, systems, networks or related data; (c) altering, disabling or compromising the integrity or performance of the services, systems, network or data or related services; (d) decrypting or tampering with transmissions to or from the servers used to operate the Services; (e) overloading or attempting to overload our infrastructure by creating an unreasonably large load on our systems and resources (CPU, memory, disk space, bandwidth, etc.).
12. You must not upload, display, host, or transmit unsolicited emails, SMS, or “Spam” messages.
13. You must not transmit computer viruses or any malicious code.
14. You must not use meta-tags or any other “hidden text,” including the names and trademarks of SpotLMS or its providers.
15. You must not access SpotLMS services, tools, features, data, etc., by any means other than ours, via the web interface or the Service’s standard API.
16. Cyrus RH does not warrant that (i) the Service will meet your specific needs, (ii) the Service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations, and (v) errors in the Service will be corrected.
17. You expressly understand and agree that Cyrus RH shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) your use of or inability to use the Service; (ii) the cost of acquiring substitute goods and services resulting from any goods, data, information or services purchased or obtained through the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
18. The failure of Cyrus RH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Cyrus RH and govern your use of the Service, superseding any prior agreement between you and Cyrus RH (including, but not limited to, all previous versions of the Terms of Service).
19. SpotLMS (in its sole discretion) determines that a user has violated these Terms of Use.
20. Questions regarding the Terms of Service should be sent to: contact at spotLMS dot com

Online Storage Space and SpotDrive

The online storage space is intended for all data related to your Spot LMS account, including your course resources, user data, dedicated videos, virtual class recordings, shared documents, as well as files uploaded and organized via SpotDrive.

Storage capacity: The available volume depends on the subscribed plan. As an indication, for shared hosting (excluding dedicated servers), the distribution is as follows:

• 100 GB: chats and shared documents (chat server),
• Plan-dependent: dedicated videos (streaming server),
• 100 GB: virtual class recordings,
• 100 GB: video conferences,
• 100 GB: course resources, user data and SpotDrive documents.
• Access rights: SpotDrive allows you to upload, organize and share your training documents, with fine-grained access rights management by user profile.
• Quota overage: When the allocated quota is reached, adding new content may be restricted or suspended until space is freed or additional storage is purchased.
• Responsibility: The Customer remains solely responsible for the legality, compliance and relevance of stored and shared documents. Cyrus RH disclaims any liability in the event of data loss, unauthorized access or misuse of documents.
• Scalability: Cyrus RH reserves the right to adapt, limit or suspend SpotDrive or any other storage service for technical, security or legal compliance reasons, without compensation to the Customer.

For dedicated server plans, the storage volume is adapted to your needs by sizing servers according to your resources.

Virtual Class Capacity

Virtual classes make it possible to organize synchronous training sessions with a group of learners, simulating an in-person classroom setup. The number of virtual classes is limited to a certain number per month depending on the subscribed plan. The reset occurs at the beginning of the calendar month. Virtual classes are very resource-intensive in terms of CPU and bandwidth. Excessive use of virtual classes by a single customer on a shared server could prevent other customers from using this service, thereby causing prejudice. To avoid this situation, the number of concurrent virtual classes is limited. The limitation depends on the subscribed plan. Example: if the plan limits parallel launches of virtual classes to 2, it will not be possible to launch a third virtual class if 2 virtual classes are already in progress. We recommend properly closing a virtual class to free up a slot for launching another one; otherwise, a virtual class will automatically close 6 hours after it starts. If your need exceeds the limits of existing plans, you can request a plan tailored to intensive use by setting up a dedicated virtual class server.

REST API Transaction Limits

The SPOT LMS course server is used by many users. We impose limits on API requests to protect the system from receiving more data than it can handle and to ensure a fair distribution of resources among users.
Limits depend on server characteristics, its load as determined by the number of users present on the server, their activities, etc.
The limit is defined as the maximum number of API transactions possible during the last 10 seconds. It is specific to each server. It is returned during a Token-type API call.
If you need to make more API requests than the imposed limit, you must use a more powerful server within an appropriate commercial plan.

Use of Artificial Intelligence (AI) Services

As part of certain commercial plans, Spot LMS provides features based on Artificial Intelligence, including the generation of course modules, advanced progress logs with archiving in reports and availability to learners, as well as the automatic creation of multiple-choice questionnaires (MCQs) and Q&A content.

• Monthly quota: Use of these features is strictly limited to a monthly volume of requests, varying according to the subscribed plan. Exceeding the quota results in temporary suspension of said features until the reset at the beginning of the calendar month, unless an add-on is purchased.
• Customer responsibility: AI-generated content and reports are produced automatically and provided as assistance tools. The Customer is solely responsible for verifying their accuracy, relevance and compliance before any pedagogical use or distribution to learners.
• No warranty: Cyrus RH does not guarantee the reliability, completeness or suitability of the generated content with respect to the Customer’s pedagogical or legal objectives. Use of such content is at the Customer’s own risk.
• Disclaimer of liability: Under no circumstances shall Cyrus RH be held liable, on any grounds whatsoever, for direct or indirect consequences resulting from the use of AI features, including but not limited to any error, omission, regulatory non-compliance, infringement of third-party rights, or any material, immaterial, commercial or reputational damage.
• Compliant use: The Customer undertakes to use AI features only in compliance with applicable laws and regulations, intellectual property rights and legitimate pedagogical practices. Any abusive, diverted or non-compliant use may result in suspension or termination of the account.
• Scalability: Cyrus RH reserves the right to modify, limit or interrupt all or part of the AI features at any time, in particular for reasons of legal compliance, security or technical performance, without giving rise to any right to compensation for the Customer.