Terms of Service

Version: 2.0
Effective Date: 14.07.2026

1. General Provisions

Welcome to the Brusnika.LMS ecosystem.

These Terms of Service (the “Agreement”) govern access to and use of the Brusnika.LMS Services by individuals, organizations, their representatives, employees, and other users.

By accessing or using any Brusnika.LMS Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

If you do not agree with this Agreement in whole or in part, you must not use the Brusnika.LMS Services.

This Agreement applies to all products, services, websites, applications, software, integrations, and other solutions provided as part of the Brusnika.LMS platform, unless separate terms of use apply to a specific product or service.

Certain features may be subject to additional terms, licenses, policies, or agreements. Such documents shall form an integral part of this Agreement.

This Agreement shall be read together with the following documents:

  • Brusnika.LMS Privacy Policy;
  • Data Processing Addendum (DPA), where applicable;
  • other documents expressly referenced on the relevant Brusnika.LMS Service pages.

2. Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings set out below.

Brusnika.LMS

Brusnika.LMS means the corporate learning platform and related digital services, including software, websites, applications, integrations, APIs, and other solutions provided by the Company under the Brusnika.LMS brand.

Company

The legal entity responsible for the development, maintenance, operation, and provision of Brusnika.LMS Services, or another entity authorized to provide such Services.

Information about the Company is published on the official Brusnika.LMS website.

Brusnika.LMS Services

Any digital products and services provided as part of Brusnika.LMS, including, but not limited to:

  • the official website;
  • Brusnika.LMS Cloud;
  • applications provided through CRM, ERP, HRM, and other platform marketplaces;
  • APIs;
  • AI Features;
  • integrations;
  • mobile applications;
  • other Brusnika.LMS products and services.

User

Any individual using Brusnika.LMS Services.

Organization

A legal entity, company, institution, or other organization using Brusnika.LMS Services independently or providing access to its employees, contractors, customers, partners, or other users.

Administrator

A User authorized by an Organization to manage accounts, settings, and Organization data within Brusnika.LMS Services.

End User

Any person using Brusnika.LMS Services by invitation or on behalf of an Organization.

Account

A user account that provides access to Brusnika.LMS Services.

Workspace

An isolated environment within Brusnika.LMS Services belonging to a User or Organization and containing related settings, data, and users.

Content

Any information stored or published within Brusnika.LMS Services, including text, images, videos, audio, documents, tests, learning materials, knowledge bases, settings, reports, data, and other materials.

User Content

Content uploaded, created, modified, or published by a User or Organization.

AI Features

Any features using artificial intelligence technologies, including generation of texts, tests, courses, competencies, recommendations, translations, analytics, and other materials.

Marketplace

Any third-party application distribution or service platform through which Brusnika.LMS Services may be provided, including CRM, ERP, HRM, CMS, and other software platforms.

Brusnika.LMS Cloud

The standalone cloud version of Brusnika.LMS provided as a separate service and accessible directly through the Brusnika.LMS web interface.

Brusnika.LMS Cloud does not require installation through third-party marketplaces and may be used independently from CRM, ERP, HRM, and other external systems.

Subscription

The right to use a defined set of Brusnika.LMS Service features for a specified period according to the selected subscription plan.

Website

Any official website owned or operated by the Company and related to Brusnika.LMS.

Parties

The Company and the User collectively.

3. Scope of the Agreement

These Terms of Service govern the use of all Brusnika.LMS Services, regardless of the method of access.

Unless otherwise expressly provided in separate documents, these Terms apply to:

  • the official Brusnika.LMS website;
  • Brusnika.LMS Cloud;
  • Brusnika.LMS applications provided through third-party platform marketplaces;
  • AI Features;
  • APIs;
  • mobile applications;
  • any other services and software products provided as part of the Brusnika.LMS platform.

Certain sections of these Terms may apply only to specific Services. In such cases, the relevant section will expressly specify its scope of application.

The use of third-party platforms (including CRM, ERP, application marketplaces, cloud providers, or other services) may be governed by the terms and conditions of the respective platform owners. These Terms do not replace such terms and do not govern the relationship between the User and third-party service providers.

If a version of Brusnika.LMS installed within an Organization’s infrastructure is provided by the Company, the Organization or the party operating such version is responsible for infrastructure selection, information security requirements, backups, server administration, and timely installation of updates, unless otherwise expressly agreed in a separate agreement.

If a separate agreement between the Company and an Organization establishes specific terms for the use of Brusnika.LMS Services, such agreement shall prevail over these Terms with respect to the applicable matters.

By continuing to use Brusnika.LMS Services, the User confirms acceptance of these Terms and agrees to comply with applicable laws.

4. Accounts and Registration

4.1. General Provisions

Certain features of Brusnika.LMS Services may require the User to create an Account.

Some sections of the official Brusnika.LMS website may be available without registration.

Use of Brusnika.LMS Cloud, applications provided through third-party platform marketplaces, as well as other versions of Brusnika.LMS, if provided by the Company, may require registration of an Account or creation of a Workspace.

4.2. Registration Requirements

When creating an Account, the User agrees to:

  • provide accurate and up-to-date information;
  • update such information when it changes;
  • not impersonate another person;
  • not use another person’s personal data without a lawful basis;
  • comply with these Terms.

The Company may request verification of provided information where required by law or necessary to ensure the security of Brusnika.LMS Services.

4.3. User Eligibility

By creating an Account and using Brusnika.LMS Services, the User confirms that they have the legal capacity required under applicable law.

If the User acts on behalf of an Organization, the User confirms that they have the authority to accept these Terms on behalf of such Organization.

4.4. Account Security

The User is responsible for:

  • protecting account credentials;
  • maintaining password confidentiality;
  • securing devices used to access the Services;
  • all activities performed through their Account unless proven otherwise.

If unauthorized access is detected, the User must immediately change the password and notify Brusnika.LMS support.

4.5. Organization Workspaces

An Organization independently determines Workspace Administrators.

Administrators may:

  • invite users;
  • remove users;
  • assign roles;
  • manage licenses;
  • manage Organization data;
  • modify Workspace settings;
  • perform other actions available through Brusnika.LMS functionality.

End Users acknowledge that Organization Administrators may access information created within the Workspace to the extent permitted by system settings and applicable law.

4.6. Corporate Accounts

If an Account is provided by an Organization, such Organization may:

  • manage User access;
  • restrict certain features;
  • modify User roles;
  • remove the Account from the Workspace;
  • access data related to corporate use of the Service.

4.7. Account Deletion

The User may delete their Account where such functionality is available.

If an Account belongs to an Organization Workspace, deletion may be restricted by Administrator permissions or internal Organization policies.

If an Account is part of an Organization Workspace, deletion is performed according to the settings and policies of the respective Organization.

Deleting an Account does not automatically terminate paid Subscriptions and does not release either Party from obligations arising before deletion.

Storage and deletion of personal data are governed by the Brusnika.LMS Privacy Policy.

4.8. Inactive Accounts and Workspaces

To ensure security, optimize resource usage, and maintain the quality of Services, the Company may automatically delete inactive Accounts and Workspaces.

An Account or Workspace is considered inactive if no User or Administrator login has been recorded for 365 consecutive calendar days.

This rule applies to all Brusnika.LMS Services, including Brusnika.LMS Cloud, instances created through third-party marketplaces, and other versions of Brusnika.LMS if provided by the Company, unless otherwise agreed in writing between the Company and the Organization.

After this period, the Company may delete the relevant Account, Workspace, and associated data without additional consent from the User.

The Company may send one or more notifications regarding upcoming deletion to the email address provided during registration.

After deletion, the Account, Workspace, User Content, files, courses, tests, reports, settings, and other data cannot be restored unless otherwise agreed in writing.

The User and Organization are responsible for preserving necessary data and creating backups before the inactivity period expires.

5. Use of Brusnika.LMS Services

5.1. Grant of Right to Use

Subject to these Terms, the Company grants the User a limited, non-exclusive, non-transferable right to access and use Brusnika.LMS Services solely for their intended purpose.

Nothing in these Terms shall be interpreted as transferring to the User any ownership rights or exclusive rights to the software, source code, technologies, design, databases, algorithms, trademarks, or other intellectual property.

5.2. Purpose of Services

Brusnika.LMS is designed for organizing corporate learning, creating and managing learning content, knowledge assessment, competency management, employee development, knowledge storage and sharing, surveys, reporting, automation of learning processes, and other corporate learning activities.

Certain features may use artificial intelligence technologies to create materials, recommendations, and analytics.

5.3. Availability of Features

The functionality of individual Services may vary depending on:

  • selected subscription plan;
  • product version used;
  • method of Service delivery;
  • integrations with third-party platforms;
  • country of use;
  • applicable legal requirements;
  • requirements of third-party platforms;
  • technical limitations.

The Company may modify the set of available features provided that such changes comply with the terms of an active Subscription and applicable law.

5.4. Updates

Brusnika.LMS is continuously evolving.

The Company may:

  • release new versions;
  • modify interfaces;
  • improve algorithms;
  • add new features;
  • discontinue support for certain features that are no longer part of the current version of the Services;
  • fix errors;
  • introduce new technologies.

Such changes may be implemented without prior User consent unless otherwise required by a separate agreement or applicable law.

5.5. Beta Features

Certain features may be identified as Beta, Preview, Experimental, or similar.

Such features are provided solely for testing and feedback purposes.

They may have the following characteristics:

  • no guarantee of stable operation;
  • possible changes without prior notice;
  • limited technical support;
  • possible discontinuation without maintaining compatibility.

Use of such features is at the User’s own risk.

5.6. Feedback

Any suggestions, comments, ideas, reviews, or recommendations voluntarily provided by the User regarding Brusnika.LMS may be used by the Company to improve, develop, and enhance the Services without any obligation to provide compensation or obtain additional consent from the User.

6. License

6.1. Grant of Right to Use

Subject to these Terms, the Company grants the User a limited, non-exclusive, and non-transferable right to access and use the functionality of Brusnika.LMS Services during the applicable Subscription period or under the terms of free use.

This right is granted solely for lawful use of Brusnika.LMS Services in accordance with their intended purpose and these Terms.

6.2. Scope of Rights

The User may:

  • use Brusnika.LMS according to the selected subscription plan;
  • create and manage Workspaces;
  • invite users where appropriate permissions are available;
  • create, upload, and use User Content;
  • use APIs, integrations, and AI Features within available functionality;
  • use other features included in the selected plan.

All rights not expressly granted under these Terms remain with the Company.

6.3. License Restrictions

Without prior written consent from the Company, the User may not:

  • copy, distribute, sell, lease, or transfer Brusnika.LMS Services to third parties unless permitted by the Service functionality;
  • modify, decompile, disassemble, or reverse engineer Brusnika.LMS software, except where expressly permitted by applicable law;
  • remove or modify copyright notices, trademarks, or other intellectual property notices;
  • use the Services to create competing products;
  • provide access to the Services in violation of the selected subscription plan;
  • use the Services to provide commercial access to third parties or create a separate service based on Brusnika.LMS unless permitted by a separate agreement.

6.4. Intellectual Property

All intellectual property rights in the software, design, source code, user interface, databases, algorithms, documentation, trademarks, logos, and other intellectual property belong to the Company or are lawfully used by the Company.

These Terms do not transfer any ownership rights to the User.

6.5. Changes to Access Terms

The Company may modify available features, access models, and subscription plans provided that obligations to Users who have already paid for the applicable period are respected.

7. Subscriptions and Payments

7.1. General Provisions

Access to certain Brusnika.LMS features may be provided on a free or paid basis.

Subscription plans, pricing, limitations, and available features are published on the official Brusnika.LMS website or within the interface of the relevant Service.

7.2. Subscription

A Subscription grants the User access to and use of a defined set of Brusnika.LMS features during the paid subscription period.

The available functionality is determined by the selected subscription plan.

7.3. Payments

Payments are made using the methods available for the relevant Service.

Depending on the country of use and the method of obtaining access, payments may be processed:

  • directly by the Company;
  • through marketplace operators;
  • through authorized partners;
  • through other payment providers.

Payment terms, fees, currencies, and invoicing procedures may be determined by the relevant payment provider, marketplace, or partner.

7.4. Changes to Pricing

The Company may change subscription prices.

Price changes do not apply to already paid Subscription periods.

New prices apply upon renewal or purchase of a new Subscription.

7.5. Subscription Expiration

After the end of the paid period, access to certain features may be limited according to the applicable subscription plan.

The Company may restrict access to a Workspace or certain features after expiration of a Subscription.

Expiration of a Subscription does not by itself result in immediate deletion of User data.

Data deletion is performed in accordance with these Terms and the Brusnika.LMS Privacy Policy.

7.6. Refunds

Refunds are provided where required by applicable law or under a separate Refund Policy published by the Company.

Unless otherwise required by law, payments for already provided access to the Services are non-refundable.

7.7. Taxes

Unless otherwise stated during Subscription purchase, the User is responsible for payment of taxes, duties, and other mandatory charges required under the laws of the User’s country of registration or tax residence.

8. Brusnika.LMS Versions Provided Through Third-Party Marketplaces

8.1. General Provisions

Brusnika.LMS may be provided through integrations with third-party software platforms, including CRM, ERP, HRM, CMS, and other information systems.

Such versions are provided through respective application marketplaces and may use the infrastructure, authentication mechanisms, and certain features of the relevant platforms.

In this section, such versions are referred to as “Marketplace Versions”.

8.2. Dependence on Third-Party Platforms

The operation of a Marketplace Version may depend on the availability, limitations, technical requirements, and policies of the respective third-party platform.

The Company is not responsible for:

  • unavailability of third-party platforms;
  • API changes;
  • changes to marketplace rules;
  • changes to access conditions, pricing, or usage policies of third-party platforms;
  • discontinuation of specific features by platform owners;
  • errors or limitations arising outside Brusnika.LMS Services.

8.3. Authentication

To use a Marketplace Version, the User may authenticate through an account of the relevant third-party platform.

The Company does not obtain or store the User’s password for such platform unless required by the applicable authentication method and is not responsible for the security of such account.

8.4. Application Removal

Removing the Brusnika.LMS application from a third-party platform may limit access to data, settings, and User Content.

The User is responsible for exporting necessary data before removing the application.

Where provided by the relevant Service functionality, data may be automatically deleted after the applicable retention period established by these Terms or the Privacy Policy.

8.5. Updates

Marketplace Versions of Brusnika.LMS may be updated automatically or according to procedures established by the relevant marketplace.

The User acknowledges that certain updates may require new permissions, configuration changes, or support for newer versions of third-party platforms.

8.6. Feature Limitations

The functionality of a Marketplace Version may differ from other Brusnika.LMS versions due to technical characteristics, limitations, or requirements of the relevant platform.

The availability or absence of specific features shall not constitute a breach of the Company’s obligations where such limitations result from the operation or terms of use of a third-party platform.

9. Brusnika.LMS Cloud

9.1. General Provisions

Brusnika.LMS Cloud is a standalone cloud version of the Brusnika.LMS Service available through the official website, other official access channels, or domains owned by the Company.

Use of Brusnika.LMS Cloud does not require installation through third-party application marketplaces.

9.2. Registration

To use Brusnika.LMS Cloud, the User may create an Account and Workspace or receive access to an existing Workspace.

After registration, the User becomes the Administrator of the created Workspace unless otherwise provided by the Service functionality.

9.3. Workspace Management

The Administrator may:

  • invite Users;
  • assign roles and access permissions;
  • create learning materials;
  • manage courses, tests, surveys, competencies, and other objects;
  • manage licenses and Subscriptions;
  • manage Workspace data and settings;
  • perform other actions provided by Brusnika.LMS functionality.

9.4. Access Address

The Company may provide a Workspace with a unique access address in the form of a subdomain or other technical address.

The Company may modify technical parameters of provided addresses while maintaining access to the Service.

9.5. Inactive Workspaces

The procedure for identifying inactive Workspaces and deleting them is governed by Section 4.8 of these Terms.

9.6. Feature Limitations

Certain Brusnika.LMS Cloud features may depend on the selected subscription plan, technical capabilities of the Service, availability of third-party services, or applicable legal requirements.

9.7. Subscription Plan Changes

The User may change subscription plans according to the functionality provided by the Service.

Changing a plan may affect available features, storage limits, number of Users, AI Feature usage, and other parameters.

Moving to a lower-limit plan may require reducing the amount of resources currently in use.

10. AI Features

10.1. General Provisions

Brusnika.LMS may provide features that use artificial intelligence technologies.

AI Features are provided as an auxiliary tool and do not replace professional judgment, expertise, or decision-making by the User.

Such features may be used to create, analyze, process, translate, structure, and improve learning materials, tests, competencies, reports, recommendations, and other data.

10.2. AI Operation Characteristics

AI Features are based on probabilistic machine learning algorithms.

Their outputs are generated automatically and may contain inaccuracies, errors, incomplete, outdated, or factually incorrect information.

The User must independently evaluate the suitability of AI-generated results before using, publishing, or sharing them with third parties.

10.3. Responsibility for Use of AI Outputs

The User independently decides how to use materials created by AI Features and is responsible for reviewing such materials.

The Company does not guarantee:

  • absolute accuracy of results;
  • absence of errors;
  • compliance with specific User requirements;
  • absence of third-party rights violations in materials generated based on User-provided data.

10.4. Transfer of Data to AI Providers

To provide AI Features, data required to process a User request may be transferred to external AI service providers.

Such transfer is limited to the scope necessary for the relevant feature and is governed by the Brusnika.LMS Privacy Policy and applicable terms and privacy policies of the respective AI service providers.

10.5. Changes to AI Features

The Company may:

  • modify AI models used;
  • connect new AI providers;
  • discontinue certain AI Features;
  • introduce usage restrictions;
  • establish request limits.

Such changes may be implemented without prior notice unless otherwise required by applicable law or the terms of an active Subscription.

11. User Content

11.1. Ownership

All rights to User Content belong to the User, Organization, or other lawful owners of such Content.

These Terms do not transfer ownership of User Content to the Company.

11.2. License to the Company

By uploading User Content to Brusnika.LMS, the User grants the Company a non-exclusive right to use such Content solely to the extent necessary to provide Brusnika.LMS Services, including:

  • storage;
  • processing;
  • backup;
  • transfer between Users as instructed by the Organization;
  • display;
  • technical reproduction;
  • creation of temporary copies;
  • providing access to Content through Service functionality.

The Company does not obtain the right to use User Content for its own commercial purposes unless expressly agreed with the User.

This license applies only during the period when the relevant Content is used within Brusnika.LMS Services.

11.3. Responsibility for Content

The User is solely responsible for the legality of uploaded Content.

The User represents and warrants that they have all necessary rights to the Content and that its use does not violate applicable laws, intellectual property rights, privacy rights, trade secrets, data protection requirements, or other third-party rights.

The Company does not perform mandatory prior review of all User Content.

11.4. Prohibited Content

Users may not upload Content that:

  • violates applicable law;
  • infringes third-party rights;
  • violates data protection requirements;
  • contains malicious software;
  • is intended for spam distribution;
  • contains unlawful, discriminatory, or violence-promoting materials;
  • may harm the operation of Brusnika.LMS Services.

The Company may restrict access to or remove such Content where required by law or these Terms.

11.5. Backup

Brusnika.LMS may perform data backups according to internal procedures established by the Company.

The existence of backups does not guarantee restoration of User Content in every specific case.

The User and Organization are responsible for creating their own backups of Content if its preservation is important to them.

12. Intellectual Property

12.1. Company Rights to the Services

All rights to Brusnika.LMS Services, including but not limited to:

  • software;
  • source code and other software components;
  • object code;
  • architecture;
  • interfaces;
  • design;
  • documentation;
  • databases;
  • algorithms;
  • technologies;
  • trademarks;
  • logos;
  • visual elements;
  • materials provided by the Company;
  • updates, improvements, and derivative elements,

belong to the Company or are used by the Company on a lawful basis.

Use of Brusnika.LMS Services does not grant the User any ownership rights or exclusive rights to such objects.

12.2. Trademarks

The Brusnika.LMS name, logos, and other marks are intellectual property of the Company or are used by the Company on a lawful basis.

The User may not use such marks without prior written consent of the Company, except for fair use necessary to describe the fact of using Brusnika.LMS, including informational, marketing, or reference materials.

12.3. User Materials

The User retains all rights to learning materials, documents, courses, tests, knowledge bases, and other User Content created by the User.

The Company does not acquire ownership rights to such Content.

The Company receives only a limited right to use such Content to the extent necessary to provide Brusnika.LMS Services unless otherwise expressly agreed by the parties.

12.4. Feedback

Any suggestions, ideas, comments, recommendations, or other materials provided by the User regarding Brusnika.LMS may be used by the Company to improve and develop the Services.

The User grants the Company the right to use such feedback without limitation, including modifying, implementing, and commercially using related improvements, without any obligation to the User, including payment of compensation.

13. Support, Maintenance and Updates

13.1. General Provisions

The Company takes reasonable measures to ensure stable operation of Brusnika.LMS and provide technical support to Users in accordance with the selected subscription plan, applicable Service terms, and published support rules.

13.2. Support Channels

Support may be provided through:

  • email;
  • ticketing systems;
  • built-in support tools;
  • documentation;
  • other channels specified by the Company.

Available support channels and scope may depend on the selected subscription plan.

The Company may modify available support channels.

13.3. Scope of Support

Technical support may include:

  • assistance with Brusnika.LMS functionality;
  • consultations regarding Service operation;
  • assistance with diagnosing potential errors;
  • configuration recommendations.

Unless otherwise expressly agreed, support does not include:

  • development of custom functionality;
  • creation of custom integrations;
  • data migration;
  • employee training;
  • configuration of third-party software;
  • administration of User infrastructure;
  • consulting on learning methodology.

13.4. Updates

The Company regularly releases Brusnika.LMS updates, which may include:

  • bug fixes;
  • performance improvements;
  • security updates;
  • new features or improvements available for the relevant version or subscription plan;
  • interface changes;
  • Service optimization.

The Company may install updates automatically where necessary to ensure security, stability, or compatibility.

13.5. Temporary Unavailability

In certain cases, Brusnika.LMS may become temporarily unavailable due to:

  • scheduled maintenance;
  • updates;
  • bug fixes;
  • actions of third-party infrastructure providers;
  • circumstances beyond the Company’s reasonable control.

The Company takes reasonable measures to minimize downtime.

13.6. Service Levels (SLA)

For certain subscription plans or enterprise customers, the Company may provide additional service level guarantees (SLA).

If an SLA is provided, its terms are defined by a separate agreement or applicable subscription terms.

The absence of an SLA does not constitute a guarantee of any specific Service availability level.

14. Acceptable Use of the Services

14.1. General Requirements

When using Brusnika.LMS, the User agrees to:

  • comply with these Terms;
  • comply with all applicable laws and regulations;
  • use the Service only for its intended purpose;
  • respect the rights of other Users;
  • refrain from using the Services in any manner that may compromise their security, stability, or availability for other Users.

14.2. Prohibited Activities

Security and Technical Restrictions

The User may not:

  • attempt to gain unauthorized access to the Services;
  • bypass or circumvent security measures;
  • perform penetration testing, vulnerability scanning, or security testing without the Company’s prior written authorization;
  • distribute malware or other malicious software;
  • interfere with the operation of Brusnika.LMS infrastructure;
  • use the Services for cryptocurrency mining or other computing activities unrelated to the intended functionality of Brusnika.LMS;
  • attempt to obtain the source code, internal algorithms, or AI models of the Services, except where expressly permitted by applicable law.

Account Use

The User may not:

  • share Account access with third parties in violation of the applicable subscription plan;
  • use another person’s Account without authorization;
  • create multiple Accounts solely to circumvent Service restrictions, subscription limits, or enforcement measures.

Content

The User may not use Brusnika.LMS to upload or distribute Content that:

  • violates applicable law;
  • infringes intellectual property rights;
  • contains personal data without a lawful basis;
  • contains malicious code;
  • facilitates or promotes unlawful activities;
  • violates applicable export control laws, sanctions, or other mandatory legal requirements.

Automated Use

Without the Company’s prior written authorization, the User may not:

  • perform bulk extraction of data from Brusnika.LMS;
  • use bots, scripts, or other automated tools to bypass Service restrictions;
  • use automated tools to create Accounts or Workspaces in bulk;
  • generate excessive or unreasonable load on the Services beyond normal use.

14.3. Compliance Monitoring

The Company may implement technical and organizational measures to protect the security of the Services and enforce these Terms.

Such measures may include:

  • analysis of technical usage parameters;
  • automated abuse detection;
  • restriction of suspicious activity;
  • temporary suspension of access;
  • suspension or blocking of Accounts where permitted under these Terms.

The Company does not continuously monitor all User Content and is under no obligation to review all materials before they are uploaded.

15. Suspension and Termination

15.1. Grounds for Suspension or Termination

The Company may temporarily suspend or terminate access to Brusnika.LMS if it reasonably believes that:

  • the User has violated these Terms;
  • applicable law has been violated;
  • the security of the Services is at risk;
  • unauthorized use has occurred;
  • fraudulent activity has occurred or is reasonably suspected;
  • the rights of third parties have been violated;
  • payment for paid features has not been made;
  • the Company is required to do so by a competent governmental authority.

15.2. Suspension of Access

Where reasonably practicable, the Company may notify the User and provide an opportunity to remedy the violation.

However, the Company may immediately suspend access without prior notice where necessary to:

  • protect the Service infrastructure;
  • protect other Users;
  • prevent unlawful activities;
  • comply with applicable legal requirements.

The duration of any suspension shall be determined by the Company based on the nature of the violation and other relevant circumstances.

15.3. Termination by the User

The User may discontinue using Brusnika.LMS at any time and, where supported by the applicable Service, delete the User’s Account.

Termination of use does not relieve the User of obligations that arose before the termination date.

15.4. Effects of Termination

Upon termination:

  • the User’s right to use Brusnika.LMS ends;
  • access to some or all Service features may be suspended or terminated;
  • User data may be retained and deleted in accordance with the Privacy Policy and these Terms;
  • provisions of these Terms that by their nature are intended to survive termination shall remain in effect after termination.

16. Disclaimer of Warranties and Limitation of Liability

16.1. General Provisions

Brusnika.LMS is continuously evolving, and the Company takes reasonable measures to ensure the reliability, security, and availability of the Services.

However, the User acknowledges that the use of online services involves inherent technical limitations.

Unless otherwise expressly agreed, Brusnika.LMS is provided on an “AS IS” and “AS AVAILABLE” basis.

Nothing in this Section limits any rights that cannot be limited under applicable law.

16.2. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Company does not warrant that:

  • the Services will operate uninterrupted, error-free, or without downtime;
  • all defects or technical issues will be corrected;
  • the Services will meet every individual requirement of the User;
  • use of Brusnika.LMS will produce any specific business outcome;
  • AI-generated results will be completely accurate;
  • the Services will be compatible with every third-party system or software.

The Company will make reasonable efforts to correct identified issues and restore Service availability.

16.3. Third-Party Services

Brusnika.LMS may interact with third-party services, including:

  • CRM systems;
  • ERP systems;
  • HRM platforms;
  • application marketplaces;
  • payment providers;
  • AI providers;
  • cloud storage providers;
  • authentication services.

The Company is not responsible for the actions, errors, policy changes, service interruptions, or discontinuation of any third-party services.

16.4. User Content

The User is solely responsible for:

  • the legality of User Content;
  • obtaining all necessary rights;
  • the accuracy of information;
  • the consequences of using User Content.

The Company is not responsible for User Content or for decisions made by the User based on User Content or AI-generated results, except where required by applicable law.

16.5. Limitation of Liability

To the fullest extent permitted by applicable law, the Company’s total aggregate liability arising out of or relating to Brusnika.LMS shall not exceed the total amount actually paid by the User for the relevant Service during the twelve (12) months preceding the event giving rise to the claim.

If the User has only used free Services, the Company’s liability shall be limited to the minimum amount permitted under applicable law.

16.6. Exclusion of Indirect Damages

To the maximum extent permitted by law, the Company shall not be liable for:

  • loss of profits;
  • loss of revenue;
  • loss of business opportunities;
  • loss of goodwill;
  • business interruption;
  • indirect, incidental, special, consequential, or punitive damages;
  • loss of data resulting from the User’s own actions or omissions.

17. Indemnification and Third-Party Claims

17.1. Indemnification

The User agrees to indemnify and reimburse the Company for documented losses, liabilities, costs, court expenses, and reasonable legal fees arising from the User’s acts or omissions related to:

  • violation of these Terms;
  • unlawful use of Brusnika.LMS;
  • infringement of the rights or legitimate interests of third parties;
  • uploading or using unlawful User Content;
  • violation of applicable law.

This provision applies to the maximum extent permitted by applicable law.

17.2. Third-Party Claims

If any third party brings a claim, demand, or legal action against the Company arising from the User’s acts or omissions, the Company may:

  • notify the User;
  • request reasonable cooperation and relevant information from the User;
  • determine the appropriate strategy for defending or settling such claims;
  • require the User’s participation in resolving the dispute where permitted by applicable law.

18. Force Majeure

18.1. Force Majeure Events

The Company shall not be liable for any total or partial failure, inability, or delay in performing its obligations where such failure results from events beyond the Company’s reasonable control, including but not limited to:

  • natural disasters;
  • war, armed conflicts, or terrorist acts;
  • widespread Internet infrastructure failures;
  • failures of communication networks or power supply;
  • actions or decisions of governmental authorities;
  • changes in applicable law;
  • sanctions;
  • international trade restrictions;
  • failures, interruptions, or omissions of cloud infrastructure providers, hosting providers, telecommunications operators, or other service providers;
  • any other force majeure events.

18.2. Effect of Force Majeure

During the existence of a force majeure event, the Company’s affected obligations may be suspended, in whole or in part, without liability for such suspension or delay.

Following the end of the force majeure event, the Company will use reasonable efforts to restore normal operation of the Services as soon as reasonably practicable.

19. Export Control and International Use

19.1. International Use

Brusnika.LMS may be accessed and used by Users located in different countries and jurisdictions.

The User is solely responsible for complying with the laws applicable in the jurisdiction where the Services are used, including laws relating to data protection, export control, sanctions, and other applicable legal requirements.

19.2. Compliance with Export Laws

The User agrees to use Brusnika.LMS in compliance with all applicable export control laws, international sanctions, trade restrictions, and technology export regulations.

The User shall not use Brusnika.LMS:

  • in violation of applicable export control laws or international sanctions;
  • for any purpose prohibited by applicable law;
  • in any manner that could result in a violation of export control, sanctions, or other applicable legal requirements.

19.3. Restriction of Access

The Company may restrict, suspend, or terminate access to Brusnika.LMS, in whole or in part, where necessary to comply with:

  • applicable law;
  • binding requirements of competent governmental authorities;
  • export control regulations;
  • sanctions laws;
  • international trade restrictions.

Such actions shall not constitute a breach of these Terms.

20. Changes to the Terms and the Services

20.1. Changes to the Terms

The Company may amend or update these Terms from time to time.

The updated version becomes effective upon publication unless a different effective date is specified.

The User’s continued use of Brusnika.LMS after the updated Terms become effective constitutes acceptance of the revised Terms.

If the User does not agree to the updated Terms, the User must stop using the Services.

20.2. Material Changes

If amendments materially affect the rights or obligations of Users of paid Services, the Company may, but is not obligated to, provide additional notice by email, through the Service interface, or by other reasonable means.

Failure to provide separate notice does not affect the validity or effectiveness of the updated Terms unless required by applicable law.

20.3. Changes to the Services

The Company continuously develops Brusnika.LMS and may, at its discretion:

  • introduce new features;
  • modify existing functionality;
  • discontinue certain features;
  • change the user interface;
  • modify the technical architecture;
  • implement new technologies and methods of providing the Services.

The Company will use reasonable efforts to ensure that such changes do not materially reduce the paid functionality available during the User’s current subscription term, except where required by law, necessary for security, or technically necessary.

21. Governing Law and Dispute Resolution

21.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the country where the Company is registered, without regard to conflict of law principles.

However, if mandatory laws of the User’s jurisdiction provide rights that cannot be excluded or limited by agreement, such mandatory rights shall remain applicable.

21.2. Informal Dispute Resolution

Before initiating legal proceedings, the Parties will attempt to resolve any disputes through good-faith negotiations.

The User shall submit complaints and requests through the official contact channels provided on the Website or within the applicable Service.

The Parties will use reasonable efforts to reach a mutually acceptable resolution.

21.3. Dispute Resolution

If a dispute cannot be resolved through negotiations, it shall be resolved by a competent court in accordance with applicable law, unless mandatory legal provisions provide otherwise.

21.4. Consumers

If the User qualifies as a consumer under the laws of their country and such laws provide mandatory consumer rights, nothing in these Terms limits or excludes such rights.

22. Electronic Communications

22.1. Electronic Communications

The User agrees to use electronic means of communication with the Company for registration, use, and management of Brusnika.LMS Services.

The Company may send notices related to Brusnika.LMS, including:

  • emails sent to the address provided by the User during registration;
  • in-Service notifications;
  • account dashboard messages;
  • notifications related to payments, Subscriptions, security, and Service updates;
  • other digital communication channels available within Brusnika.LMS.

The User is responsible for keeping their contact information up to date.

22.2. Legal Effect of Electronic Actions

The User agrees that actions performed electronically, including:

  • creating an Account;
  • accepting these Terms;
  • purchasing a Subscription;
  • changing settings;
  • submitting requests through the Service interface;

may constitute legally binding actions where permitted by applicable law.

22.3. Legal Effect of Notices

Electronic notices sent by the Company through communication channels provided by the Services shall constitute valid communication, unless otherwise required by applicable law.

23. General Provisions

23.1. Entire Agreement

These Terms, together with the documents expressly incorporated herein, including the Privacy Policy, Data Processing Addendum (DPA), if applicable, and other documents published by the Company, constitute the entire agreement between the User and the Company regarding the use of Brusnika.LMS.

These Terms supersede all prior agreements, communications, or understandings relating to the subject matter herein, unless otherwise expressly agreed in writing.

23.2. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a competent authority, such provision shall be modified only to the minimum extent necessary.

All remaining provisions shall remain fully effective.

23.3. Waiver

The Company’s failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

Any waiver must be provided in writing.

23.4. Assignment

The User may not assign or transfer rights or obligations under these Terms without the Company’s prior written consent.

The Company may assign or transfer its rights and obligations under these Terms without additional User consent in connection with:

  • a reorganization;
  • a sale of the business;
  • transfer of part or all of its assets;
  • a change in ownership structure.

23.5. No Partnership

These Terms and the use of Brusnika.LMS do not create any partnership, joint venture, agency, employment, or representative relationship between the User and the Company unless expressly agreed otherwise.

23.6. Language

These Terms may be provided in multiple languages.

In case of inconsistencies between translated versions, the version designated by the Company as the controlling version or required by applicable law shall prevail.

23.7. Survival

Provisions that by their nature should survive termination, including intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions, shall remain effective after termination of these Terms.

24. Contact Information

For questions related to these Terms, the use of Brusnika.LMS, operation of the Services, data protection, data processing, legal requests, or other matters related to Brusnika.LMS, the User may contact the Company using the contact information provided on the official Brusnika.LMS website.

The Company may provide different communication channels for different types of requests, including:

  • technical support requests;
  • billing and Subscription inquiries;
  • personal data-related requests;
  • legal inquiries;
  • reports of alleged violations of these Terms.

The User shall provide accurate contact information when communicating with the Company and provide information reasonably necessary for handling the request.