By using the SpotLMS.com website (“Service”), you acknowledge and agree to the following terms and conditions (“Terms of Use”).

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

Cyrus RH reserves the right to update and modify the “Terms of Use” at any time without prior notice. Any new features that enhance or improve the current Service, including the release of new tools or resources, shall be subject to the Terms of Service. Continued use of the Service after such changes have been made available constitutes the user’s consent to such changes. You may review the most current version of the Terms of Service by visiting the “Terms of Use” page..

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

Account Terms

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 required to complete the registration process.
3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many individuals as your plan allows.
4. You are responsible for maintaining the security of your account and password. Cyrus RH cannot and will not be liable 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 Service and for all activity that occurs under your account (even when the content is posted by others 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 must not, in the use of the Service, violate any 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 payment. A credit card number or other payment method is not required 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 partial months or years of service. To ensure equal treatment of all customers, no exceptions will be made.
3. Prices do not include taxes, duties, or governmental charges; you are responsible for payment of any such taxes, duties, or fees.
4. A credit card or PayPal account will be required for any change to your plan.
5. Downgrading your Service may result in the loss of Content, features, or account capacity. Cyrus RH disclaims any liability for such loss.
6. Upgrading from a paid plan to a more comprehensive plan may be done at any time. The cost of the new plan will be reduced by the unused portion of the current plan on a pro rata basis for the remaining time.
7. Downgrading from a paid plan to a lower or free plan does not give rise to any refund. The change will take effect immediately if conditions allow. If the number of courses / users exceeds the limit authorized under the newly selected plan, the change cannot be completed until the account administrator removes sufficient courses / users to enable activation of the new plan.
8. At the end of a paid plan that is not renewed, the account will be converted to a free plan. If conditions do not allow this (too many courses or users), the account will be blocked and the account administrator must contact a Cyrus RH representative by email to request unblocking.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. Requests by email or phone to cancel your account will not be considered a valid “cancellation”. A cancellation link is provided within the Service.
2. If you cancel the Service before the end of your current paid period, your cancellation will take effect immediately. You permanently forfeit any right to 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, including in the following cases: (a) fraud, hacking, criminal acts, gross negligence, willful or unintentional misconduct, violation of any law or regulation in connection with the performance of your obligations hereunder; and/or (b) demonstrated use that negatively impacts the performance of the Service; and/or (c) violation of these Terms of Service. Such termination will result in the deactivation or deletion of your account or access to your account, and the forfeiture and abandonment of all Content in your account.
4. For paid subscriptions, SPOT LMS begins performance of the Service immediately 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 Prices

1. Prices for all Services, including but not limited to monthly or annual subscription fees, may be changed upon thirty (30) days’ notice from Cyrus RH. Such notice may be provided at any time by posting the pricing changes on the website.
2. Cyrus RH shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, subject to the provisions of Article 21.

Content and Personal Data

1. You own all content (including personal data) that you and Authorized Users enter for the purpose of using the Services and you are solely responsible for the legality, reliability, integrity, accuracy, and quality of such content. SpotLMS may suspend or terminate use of the Services and this Agreement immediately upon receipt of notice alleging that You and/or an Authorized User has used the Services for purposes that violate any local, state, governmental, or foreign law, including but not limited to the posting of information that may infringe third-party rights, defame a third party, be obscene or pornographic, harass or abuse others, violate hacking or other criminal laws, etc. You hereby acknowledge and agree that performance of this Agreement requires us to process, transmit, and store Personal Data in accordance with the constraints described in the “Personal Data Protection Policy”, which forms an integral part of this Agreement.
2. You further acknowledge and agree that We process data relating to Your users that are collected and used by Us, as well as connection data created through the use and operation of the Services, in order to administer or manage Our provision of the Services on Your account. Such data may include personal data and information regarding contractual commitments between Us and You, whether collected at initial registration or subsequently in connection with the provision, management, or administration of the Services, including billing and payment collection. You further acknowledge and agree that We also process Personal Data collected when You submit a support or troubleshooting request, including information about the Service, Your Portal, and other details related to the support incident, such as authentication information, Service status information, and error tracking files. We process such Personal Data in order to respond to the request and resolve the reported issue.
3. We will process the above-mentioned 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 purposes of providing the Service and promoting new services. You may unsubscribe from such electronic communications at any time, free of charge, by clicking the “unsubscribe” button included in the communication. You acknowledge that certain priority messages may not be subject to opt-out, such as alerts prior to account deletion, payment requests to avoid Service interruption, etc.

Cookies

1. We use cookies to ensure persistence of Service login sessions. By continuing to browse the Service, 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-screen content, but Cyrus RH has the right (but not the obligation), at its sole discretion, to refuse or remove any content available through the Service.
3. Content is considered inappropriate when uploaded, downloaded, shared, submitted, or used if it: a) infringes the intellectual property of SpotLMS or a third party; proprietary or other rights, including copyrights, trademarks, patents, trade secrets, intellectual property, publicity, or other proprietary rights; b) you do not have the right to use; c) is misleading, fraudulent, illegal, obscene, defamatory, threatening, harmful to minors, pornographic (including pedophilic content, which we will remove and report to law enforcement), indecent, harassing, hateful, encouraging illegal or criminal behavior, or otherwise inappropriate; d) attacks others based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or medical condition; e) contains viruses, bots, worms, scripts, exploits, cryptocurrency mining, or similar elements; f) is intended to be provocative; g) could otherwise cause harm to SpotLMS or a third party.
4. The visual identity, appearance, and SPOT LMS logo of the Service are protected by copyright. You may not reproduce, copy, or reuse any part of the HTML/CSS code, JavaScript, or graphical elements without the express written authorization of Cyrus RH.

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
2. Technical support is provided only to paid account holders and is available exclusively via email or chat.
3. You understand that Cyrus RH uses third parties, distributors, and vendors to provide the hardware, software, networking, storage, hosting, and related technologies required to operate the Service.
4. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
5. You agree not to misrepresent yourself or conceal the origin of any content (including through spoofing, phishing, header manipulation, or other identifiers), impersonate any other person, or falsely imply sponsorship or association with SpotLMS or any other third party.
6. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Cyrus RH.
7. You agree not to violate the privacy of others, including their private and confidential communications, without their express permission, and not to collect personal information about other users (including account names or usernames) from the SpotLMS Service.
8. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or any provision of these Terms of Service.
9. We reserve the right to contact you from time to time by email. You may easily opt out of such communications.
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 does not permit: (a) compromising the integrity of our systems, including probing, scanning, or testing the vulnerability of any system or network hosting our Services; (b) manipulating the Services or their data, reverse engineering or hacking our Services, unauthorized modification of Service data, bypassing security or authentication measures, or attempting to gain unauthorized access to related services, systems, networks, or data; (c) modifying, disabling, or compromising the integrity or performance of the Services, systems, networks, or data; (d) decrypting or tampering with transmissions to or from servers used to operate the Services; (e) overloading or attempting to overload our infrastructure by creating an unreasonable burden on our systems and resources (CPU, memory, disk space, bandwidth, etc.).
12. You must not upload, post, host, or transmit unsolicited emails, SMS messages, or “spam”.
13. You must not transmit any computer viruses or malicious code.
14. You must not use meta tags or any other “hidden text” including the names or trademarks of SpotLMS or its suppliers.
15. You must not access SpotLMS services, tools, features, data, etc. by any means other than through our Web interface or the standard Service API.
16. Cyrus RH does not warrant that (i) the Service will meet your specific requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations; and (v) any 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) the use or inability to use the Service (except as provided in Article 21.3); (ii) the cost of procurement of 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 agreements between you and Cyrus RH (including, but not limited to, any prior 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
21. Availability, Service Continuity, and Limitation of Liability:
    -1. Nature of the commitment: The Provider endeavors to ensure Service availability 24/7. However, the Client acknowledges that the Service is provided via the Internet and depends on third-party physical infrastructures (data centers, electrical and telecommunications networks).
    -2. Exclusions of liability: Cyrus RH shall not be held liable, and no compensation shall be due, in the event of unavailability resulting from:
    * Failure of hardware infrastructure and physical servers not directly managed by Cyrus RH;
    * Malicious intrusion, cyberattack, virus, or act of cyber-malicious activity (“hacking”) originating from third parties, despite the implementation of security measures in line with industry standards;
    * Interruption caused by Internet service providers or telecommunications networks;
    * Force majeure as defined by Article 1218 of the French Civil Code and the case law of French courts.
    -3. Compensation threshold: By exception, if total and continuous unavailability of the Service, exclusively attributable to a technical failure under the direct control of Cyrus RH, exceeds four (4) consecutive calendar days, the Client may request commercial compensation. Such compensation shall be strictly limited, at the discretion of Cyrus RH, either to an extension of the subscription proportionate to the duration of the unavailability, or to a credit applied to the next invoice, to the exclusion of any damages for commercial loss or data loss.

Online Storage Space and SpotDrive

The online storage space is intended for all data related to your Spot LMS account, including 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 commercial plan. By way of indication, for shared hosting (excluding dedicated servers), allocation is as follows:

• 100 GB: chats and shared documents (chat server),
• Depending on the plan: dedicated videos (streaming server),
• 100 GB: virtual class recordings,
• 100 GB: video conferences,
• 100 GB: course resources, user data, and SpotDrive documents.
• Rights and access: SpotDrive allows you to upload, organize, and share training documents, with fine-grained permission management by user profile.
• Quota overrun: When the allocated quota is reached, the addition of new content may be restricted or suspended until space is freed or additional capacity is subscribed.
• Liability: The Client remains solely responsible for the legality, compliance, and relevance of stored and shared documents. Cyrus RH disclaims all 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 Client.

For plans on dedicated servers, storage capacity is tailored to your needs by sizing servers according to your resources.

Virtual Class Volume

Virtual classes enable the organization of synchronous training sessions with a group of learners, simulating an in-person classroom environment. The number of virtual classes is limited per month depending on the subscribed commercial plan. Reset occurs at the beginning of each calendar month. Virtual classes are highly resource-intensive in terms of CPU and bandwidth. Excessive use of virtual classes by a single client on a shared server would prevent other clients from using the Service, thereby causing harm. To avoid this situation, the number of simultaneous virtual classes is limited. The limitation depends on the subscribed commercial plan. Example: if the plan limits concurrent 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 and allow another class to be launched; otherwise, a virtual class will automatically close 6 hours after it is launched. If your needs exceed the limits of existing commercial plans, you may request a customized plan suitable for intensive use, including the deployment of a dedicated virtual class server.

Limitation on the Number of REST API Transactions

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 fair distribution of resources among users.
Limits depend on server characteristics, its load as determined by the number of users on the server and their activities, etc.
The limit is defined by the maximum number of API transactions possible during the last 10 seconds. It is specific to each server and is returned during a Token-type API call.
If you need to perform more API requests than the imposed limit, you must use a more powerful server under an appropriate commercial plan.

Use of Artificial Intelligence (AI) Services

Under certain commercial plans, Spot LMS provides features based on Artificial Intelligence, including but not limited to the generation of course modules, advanced progress reports with archiving and availability to learners, as well as the automatic creation of multiple-choice questionnaires (MCQs) and question-and-answer content.

• Monthly quota: Use of these features is strictly limited to a monthly request volume, varying according to the subscribed commercial plan. Exceeding the quota results in temporary suspension of such features until reset at the beginning of the calendar month, unless additional capacity is subscribed.
• Client responsibility: AI-generated content and reports are produced automatically and provided as assistance tools only. It is the Client’s sole responsibility to verify their accuracy, relevance, and compliance prior to any educational use or distribution to learners.
• No warranty: Cyrus RH does not warrant the reliability, completeness, or suitability of AI-generated content for the Client’s pedagogical or legal objectives. Use of such content is at the Client’s own risk.
• Limitation of liability: Cyrus RH shall under no circumstances be held liable, in any capacity, for any direct or indirect consequences resulting from the use of AI features, including but not limited to errors, omissions, regulatory non-compliance, infringement of third-party rights, or any material, immaterial, commercial, or reputational damage.
• Compliant use: The Client undertakes to use AI features in compliance with applicable laws and regulations, intellectual property rights, and legitimate educational practices. Any abusive, improper, or non-compliant use may result in suspension or termination of the account.
• Scalability: Cyrus RH reserves the right to modify, limit, or discontinue all or part of AI features at any time, in particular for legal compliance, security, or technical performance reasons, without giving rise to any compensation to the Client.