Terms and Conditions of Use of the NUADU Service

§ 1 Definitions

1. These Terms and Conditions set out the terms of use of a web service found under the domain name https://app.nuadu.com (hereinafter referred to as “NUADU”) by Users.
2. Whenever used in these Terms and Conditions the following terms shall have the meanings set forth below:
   1. User – an individual having access to NUADU¹. In entering into or terminating agreements Users who are not of age must be represented by a statutory representative.
   2. School – a specific category of User which is an educational institution or other similar organisation (tutoring centre, training centre, institute or firm that renders educational services) that has entered into a binding licence agreement with Nuadu to gain access to NUADU and on such a basis makes NUADU available to other categories of Users;
   3. Account – a record in the database of NUADU that allows access to NUADU after authentication.
   4. Nuadu - Nuadu Holding Pte. Limited with head office situated in Singapore², or depending on the context resulting from the content of the license agreement, one of the supsidiaries according to the list at https://nuadu.com/pl/poland.
   5. NUADU – a service offered by electronic means to Users, which takes the form of an educational platform developed by Nuadu and available at : https://app.nuadu.com. The platform is based on original software developed by Nuadu. All materials for Users who use NUADU as part of compulsory education comply with a core curriculum.
   6. GDPR – General Data Protection Regulation, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
   7. Terms and Conditions - these terms and conditions³.

¹ User categories, permissions and categories of personal data supject to processing are set out in license agreement concluded with the School.

² Registered office address: : 33 Ubi Avenue 3, #08-13, Vertex, Singapore (408868), listed under 201905864N Unique Entity Number (“UEN”), incorporated under the Companies Act, Cap. 50. with Accounting and Corporate Regulatory Authority, Singapore.

³ They govern the terms of use of NUADU, including payment terms, rights and obligations of Nuadu and Users linked to delivery of electronic services, terms and conditions of delivery of such services, rules of personal data protection as well as Nuadu’s liability associated with the service.

§ 2 Entering into and termination of electronic services agreement

1. The User logs in to NUADU on https://app.nuadu.com
2. User logs in for the first time using their email address. The User sets their own password when they log in for the first time and confirms the password by retyping it. Users can change their password later⁴.
3. If the User uses NUADU service provided by their School, they log in for the first time using the login generated by NUADU or an authorized School employee (user category "School admin"). The User sets their own password when they log in for the first time and confirms the password by retyping it.
4. After the User accepts the Terms and Conditions and gives its consent to processing of its personal data for the purposes of rendering the Service, the User enters into a binding agreement on the use of NUADU.
5. If the user registers himself, the registration with NUADU is free, however, Users will be charged for the use of its features, supject to Clause 6 below. The agreement on the use of NUADU shall continue for perpetual duration. The use of additional functionalities of NUADU might be limited in terms of time in line with individual arrangements⁵. The price list is available at https://app.nuadu.com, after registration. Users will receive appropriate notification before activating any paid features⁶.
6. The User can stop using NUADU at any time⁷. In each case, however, the agreement shall expire upon expiration of the license.
7. If the User uses NUADU service provided by their School the rules for providing NUADU to Users are defined by the School. In this case, the mutual obligations between Nuadu and the School, including: fees, licensing period and the scope of available functionalities of NUADU are governed by a separate agreement. To access NUADU, User should accept the Terms and Conditions of the NUADU service.

⁴ It is possible to log in by linking the Account with the User profile in other services.

⁵ Fees and eventual license term are specified in the Price List. However, unless otherwise agreed, the license is granted for an indefinite period.

⁶ You will receive clear and understandable information about: (1) main features of the service, (2) total gross price per entire settlement period, (3) payment terms; (4) functionalities, including technical measures applied to secure access;

⁷ In that case you will be entitled to be reimbursed for any fees paid for the time left until expiration of the license for the definite time period.

§ 3 Technical parameters

1. Minimum technical requirements for the use of NUADU:
   1. Internet connection,
   2. Internet browser (Firefox, Chrome, Edge, Safari) updated to the latest version (one version back is permissible),
   3. Microsoft Windows 7/8/10 or macOS 10.10 and newer operating system,
   4. enabled JavaScript,
   5. enabled cookies,
   6. enabled Secure Socket Layer ( SSL),
   7. Flash ver. 9 plugin,
2. For mobile devices: mobile device with one of the following operating systems:
   1. Android updated to the latest version (one version back is permissible)
   2. iOS updated to the latest version (one version back is permissible) (compatible with iPhone, iPad and iPod touch)

§ 4 Account

1. The User may not allow third parties access to its Account. The User should protect its login and password.
2. The User may not use Accounts of other Users.
3. Nuadu may use User Account only to eliminate disruptions or technical issues within the Account or the NUADU service provided that the elimination thereof by other means is not possible.
4. The User can reset its Account password by sending a notice as stipulated in § 10 below.

§ 5 Personal data

Variant, when NUADU operates on behalf of the School

1. The Data Controller of personal data of students, their parents/ legal guardians, teachers and other employees of the School is the School through which the above-mentioned persons gain the access to the NUADU.
2. Nuadu is the Data Processor within the meaning of article 4.8 GDPR. Personal data have been entrusted to Nuadu on the basis of a personal data processing agreement by the School in which the User is studying / working.
3. The data is processed to:
   1. Create and keep a profile within NUADU,
   2. Allow for the use of NUADU (including viewing as per granted permissions)
4. Detailed information regarding the processing of Users' personal data by the School is provided by the School to Users in compliance with article 13 GDPR at the moment of collecting this data. The school ensures the realization of rights related to data processing.
5. Nuadu is authorized to process Users' personal data pursuant to the contract referred to in paragraph 4 for the duration of the License Agreement for the use of NUADU and for a period of 30 days from the day of its expiry or termination..



Variant when the User uses the NUADU system without the participation of the school

6. The controller of personal data is Nuadu Sp. z o.o. with the head office situated in Gdynia, ul. Kapitańska 47, 81-249 Gdynia, Poland, listed in the Register of Business Entities of the National Court Register operated by the District Court Gdańsk-Północ in Gdańsk, VIIIth Commercial Division filed at No. 0000522737, VAT Nr.: PL5862292090, contact: biuro@nuadu.pl or depending on the context resulting from the content of the license agreement, one of the supsidiaries according to the list at https://nuadu.com/pl/poland
7. We will be processing your data to:
   1. Create your profile within our online platform,
   2. Give you access to the features of the online platform (provide you with assignments and results as well as other educational materials made available through the platform) while ensuring the integrity, accessibility and confidentiality of data,
8. The legal basis for processing of your personal data is:
   1. processing for the purpose of entering into an agreement - data required for account registration,
   2. performance of the agreement - data relating to your activity within the online platform,
   3. our legitimate interest - for the exercise of our rights in the event of breach of the terms and conditions of use of the online platform.



Joint provisions for both Variants:

9. The Data Protection Supervisor is, among other things, a point of contact regarding all matters associated with personal data processing (including your rights associated with data processing): krzysztof.jankowski@litwic.pl
10. Time of storage of personal data: 1 month after expiration of a license; thereafter all data is deleted.
11. Data recipients and automated data processing:
    1. We have entrusted our online platform (including your data) to the following companies for maintenance, including storage and viewing as part of maintenance: Tenesys sp. z o.o., APN Promise S.A., and to Crisp IM SARL for operation of the chat, MailChimp from The Rocekt Science Group, AutopilotHQ Inc for newsletter, and Paylane Sp. z o.o. and PayPal Holdings Inc. for online payments.
    2. If the User uses NUADU service provided by their School, Nuadu makes data about activity in the online platform accessible to the legal guardian (parent) and teacher.
    3. data entered by the User are automatically processed to enable logging into the online platform, and then to obtain the result of the questions being solved, in accordance with the parameters set by the author of the task. NUADU does not use profiling.
12. Your rights associated with personal data processing and a
    1. right to withdraw your consent to data processing - provided that your data is processed based on your consent,
    2. right to access your personal data,
    3. right to demand rectification of your personal data - if it is erroneous,
    4. right to demand deletion of your personal data - provided that your data is processed without any legal basis,
    5. right to demand limitation of processing of your personal data,
    6. right to object to the processing of your personal data due to special circumstances - when we process your personal data based on our legitimate interest,
    7. right to portability of your personal data, i.e. right to receive your personal data from us in a structured, commonly used and machine-readable format. You have the right to transmit that data to another data controller or demand that we send it to another data controller, where technically feasible. You will have that right in respect of data that is processed under an agreement made with you or based on your consent,
    8. right to withdraw consent: in respect of data processed based on your consent - you have the right to withdraw it at any time, however, it shall not prejudice the right to process data prior to withdrawal of your consent,
    9. right to lodge a complaint with a supervisory authority, i.e. President of Personal Data Protection Office.

§ 6 Cookies

1. To collect information about Users, NUADU uses files called „cookies”. Cookie files are text files that are stored on User’s end device so that the User will be identified next time it visits the website.
2. Cookies:
   1. are used also for needs of statistics;
   2. are placed as Users enter and exit NUADU. Cookies do not interfere with the operation of User’s end device⁸;
   3. are not used to identify individuals or to establish the identity of Users.
3. Each User has the right to object to placement of cookies on its end device.
4. Users should safeguard data against disclosure.
5. We use two basic types of cookies:
   1. „session” cookies – temporary text files that are stored on the User’s end device until logging out, leaving the website or turning off the web browser,
   2. „permanent” cookies – cookies are stored on the User’s end device for the time specified in the cookie file parameters or until they are deleted by the User.
6. The Website uses the following types of cookies:
   1. "necessary" cookies, enabling the use of services available in the NUADU, e.g. authentication cookies used for functionalities that require authentication on the Website;
   2. cookies used to ensure security, e.g. used to detect misuse in the field of authentication on the Website;
   3. “performance" cookies, enabling the collection of information of the use of the Website's pages
   4. "functional" cookies, enabling "remembering" the settings selected by the User and personalizing the User's interface, eg in terms of the language or region of the User's origin, font size, appearance of the website, etc.

⁸ In order to do so, the User should disable cookies in the web browser that it uses. If it chooses to disable cookies, some of the features of NUADU might be lost.

§ 7 Use of NUADU

1. Placement of illegal or offensive content on NUADU or content which is against the laws applicable in Poland or any content that promotes violence, can be deemed immoral or is contrary to good morals is forbidden.
2. In the event of receipt of an official notice about illegal nature of data provided by the User, access to any such data will be immediately denied.
3. In the event of receipt of information about illegal nature of data provided by the User from a reliable source, access to any such data will be denied immediately after the User is notified about the intention to deny access thereto.

§ 8 Copyright

1. The software operating the NUADU service, the appearance, functional layout, elements of graphic design, images, logotypes, documents, applications, databases and content of the NUADU service, as a whole or in part, including but not limited to assignments, are protected by law as a supject of proprietary copyrights or other rights owned by Nuadu and the User uses those rights based on a licence granted by Nuadu.
2. The User may not duplicate, sell or market otherwise or distribute the content or images of the NUADU service, as a whole or in part, especially it may not transmit or make it available through computer systems or networks or any other ICT systems for any purpose other than that reasonably justified by the intended application of the service and reasonable expectations of the User.
3. If the User places any material protected by exclusive copyright of that User within the NUADU database, it will be presumed that the User has granted a licence to use that material to the greatest extent permitted by law.

§ 9 Complaints

1. No warranty is given that NUADU will meet all the expectations of the User nor that it will remain operational without fault or interruption. Nonetheless, we will make every effort to ensure that potential faults are removed on an ongoing basis. NUADU and all support services are delivered and offered on an as-is basis, with all potential defects. Nuadu reserves the right to temporarily prevent access to NUADU, especially during downtime for making repairs or modifications aimed at functional and technical development of NUADU.
2. In each case Nuadu shall be liable for any wilful damage done.
3. Complaints should be supmitted to the address biuro@nuadu.pl and they will be considered immediately on business days.

§ 10 User support

1. Technical support is available on business days between 8 AM and 6 PM UTC +1 (Monday through Friday, public holidays excluded) via email: support@nuadu.com. Nuadu warrants that it will respond to every query within 3 hours during the technical support hours. In addition, technical support is available 7 days a week 24 hours a day via chat at: https:// app.nuadu.com/.

§ 11 Final provisions

1. Any amendments to the Terms and Conditions will be communicated via the NUADU service.
2. Issues not provided for herein shall be governed by the regulations of law, including but not limited to the Act on delivery of electronic services, Act on consumer rights, GDPR, Act on copyright and related rights and the Civil Code.
3. The User may not withdraw from a distance contract as Nuadu’s services are rendered in real time upon payment is made in accordance with the price list and the User is hereby notified of the same.
4. These Terms and Conditions shall be governed by the laws of Poland. Disputes shall be settled by competent common courts in Poland.