Site Terms and Conditions

Welcome to NEOVERSITY! By accessing our Site (as defined below) and/or by using any of our products or services, you are agreeing to be bound by the following terms and conditions together with the other applicable terms and conditions mentioned in the documents incorporated by reference herein (together the “T&C”).

As used in these T&C, “we”, “us”, “our” and/or “NEOVERSITY” means UPGRADE EDUCATION SRL a company registered in Romania, with its registered office is situated in Bucharest, Dimitrie Pompei Avenue, nr 10A, Conect Building 1, floor 1, office 10, sole registration number: J40/6278/2017, email [email protected].

As used in these T&C, “you” means a Site visitor (if only visiting our Site), a Customer (if using a NEOVERSITY products and services) or a Provider (if contracted by us to provide a NEOVERSITY product, service or an activity related to them).

https://neoversity.ai website offered by NEOVERSITY is referred to in these T&C as the “Site”. Any new features or tools which are added to the Site will also be subject to the T&C.

Acceptance of Terms

You must read, agree with and accept all of the terms and conditions contained below and expressly referenced in these Terms and Conditions.

The Site is governed by these Terms & Conditions together with the other applicable terms and conditions mentioned in the documents incorporated by reference herein (together “T&C”). In case you are a Provider or a Customer, NEOVERSITY may require you an additional acceptance / to accept in writing one or more additional terms and conditions / to conclude a separate agreement in order to use/provide the NEOVERSITY products and services.

NEOVERSITY reserves the right to update and modify the T&C at any time without notice to you. The current version of the T&C can be reviewed by clicking on the “Terms & Conditions” hypertext link located at the bottom of our Site or other pages of Ours. When we make updates to the T&C, NEOVERSITY will update the date at the bottom of this page. By using the Site and/or any of the NEOVERSITY products or services after a new version of the T&C has been posted, it means you agree to the terms of such a new version.

NEOVERSITY rights

The Site has a range of features and functionalities. Not all features will be available to You at all times and we are under no obligation to make the Site or features available in any jurisdiction. Except where prohibited in these T&C or by applicable law, we reserve the right to modify the Site or any part thereof for any reason, without notice and at any time.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any NEOVERSITY employee, member, or officer will result in immediate relation and T&C termination.

Without prejudice to our other rights and remedies, NEOVERSITY reserves the right to temporarily suspend or disable the Site / your access until resolution has been determined between the disputing parties. In the event of a dispute, we reserve the right to request documentation to determine or confirm the claims.

Without limiting any other remedies and rights, we may suspend or terminate your access, account, and/or the T&C for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Site.

Privacy and Protection of Personal Data

NEOVERSITY is firmly committed to protecting the privacy of your personal data. By using the Site, you acknowledge that personal data processing performed by NEOVERSITY is governed by our General Privacy Notice

Visit NEOVERSITY GENERAL PRIVACY NOTICE relating to the processing of personal data.

Content

All content included in or made available through the Site, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of NEOVERSITY, its Providers, Customers and/or third parties and is protected by the various applicable copyright, trademark, patent, and other intellectual property and unfair competition laws in Romania and internationally. All rights not expressly granted to you in these T&C are reserved and retained by NEOVERSITY or its licensors, providers, publishers, rightsholders, or other content providers.

Any content that is made available to you through the Site is the copyrighted work of NEOVERSITY its Providers, Customers and/or third parties. Third party scripts or code, linked to or referenced from this Site, are not deemed licensed to you by the third parties that own such code, nor by NEOVERSITY.

Any reproduction or redistribution of the Site not in accordance with the T&Cs is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the Site to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by a specific agreement concluded with Us in this regard.

Documents

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) unless explicitly covered by another license or agreement, use of such Documents from the Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Distribution requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of the Site or any other NEOVERSITY owned, operated, licensed or controlled pages. Elements of NEOVERSITY Site and pages are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NEOVERSITY site/page may be copied or retransmitted unless expressly permitted by NEOVERSITY.

No Representations and Warranties

Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available ” basis without any warranty or condition, express, implied or statutory. NEOVERSITY does not warrant that the Site will be uninterrupted, timely, secure, or error-free. NEOVERSITY does not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. NEOVERSITY is not responsible for any of your tax obligations or liabilities related to the use of Site. NEOVERSITY does not warrant that the quality of any products, services, information or other materials accessed, purchased or obtained by you through the Site will meet your expectations, or that any errors in the Site will be corrected.

NEOVERSITY does not make any assurances with regard to the accuracy of the results or output that derives from such use of any tools and utilities on the Site. Please respect the intellectual property rights of others when using the tools and utilities made available on the Site or in NEOVERSITY products and services.

NEOVERSITY and/or its respective providers make no representations about the suitability of the information contained in the documents and related graphics published as part of the Site for any purpose. The Site and all documents and related graphics are provided “as is” without warranty of any kind.

NEOVERSITY and/or its respective providers hereby disclaim all warranties and conditions with regard to the Site, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

In no event shall NEOVERSITY and/or its respective providers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Site. 

The documents and related graphics published on the Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. NEOVERSITY may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Limitation of Liability

In no event shall NEOVERSITY and/or its respective providers or their representatives be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information, documents, provision, tools, utilities available on the Site or failure to provide the Site.

You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, NEOVERSITY partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys ’ fees, made by any third party due to or arising out of (a) your breach of these T&C or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; or (c) any aspect of an operation or transaction made by you, including but not limited to fraudulent transactions, alleged or actual violation of applicable laws or your breach of the T&C.

Member Account, Password, and Security

If any section of the Site requires you to open an account, you could be required to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also could be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NEOVERSITY immediately of any unauthorised use of your account or any other breach of security. NEOVERSITY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NEOVERSITY or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any NEOVERSITY server, or the network(s) connected to any NEOVERSITY server, or interfere with any other party’s use and enjoyment of the Site and/or any NEOVERSITY services. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any NEOVERSITY server or to any of the NEOVERSITY services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You may not attempt to copy or change, alter or otherwise attempt to modify the Site or these T&C.

You will not use the Site to:

• Perform / send surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any rights, copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
• Download any file posted by another user, the content cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Site.
• Violate any code of conduct or other guidelines which may be applicable for any particular service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Site or other user or usage information or any portion thereof.

NEOVERSITY has no obligation to monitor the Site. However, NEOVERSITY reserves the right to review materials posted through the Site and to remove any materials in its sole discretion or suspend the Site until you remove such materials.

NEOVERSITY reserves the right to terminate your access to any part or all of the Site at any time, without notice, for any reason whatsoever.

NEOVERSITY reserves the right at all times to disclose any information as NEOVERSITY deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NEOVERSITY’s sole discretion.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the NEOVERSITY and third parties ’ products, services, content and/or other information on the Site without the express written permission by NEOVERSITY.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer any codes related to the Site.

You agree not to access the Site or monitor any material or information from the Site using any robot, spider, scraper, or other automated means.

Materials Provided to NEOVERSITY or Posted on any NEOVERSITY page

Always use caution when giving out any personally identifiable information in any of the pages and on the Site.

NEOVERSITY does not control or endorse Your content, messages or information found in any pages / Site and, therefore, NEOVERSITY specifically disclaims any liability with regard to your content in our pages and the Site and any actions resulting from your participation on any pages / the Site.

Materials uploaded to the Site by third parties may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

NEOVERSITY does not claim ownership of the materials you provide to NEOVERSITY or post, upload, input or submit to Site or any of our pages for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting, you are granting NEOVERSITY, its affiliated companies and necessary sublicensees permission to use your materials in connection with the operation of their businesses (including, without limitation, all NEOVERSITY pages and Site), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; to publish your data in connection with your materials; and the right to sublicense such rights to any of our collaborators.

No compensation will be paid with respect to the use of your materials and content, as provided herein. NEOVERSITY is under no obligation to post or use any material you may provide and NEOVERSITY may remove any content at any time in its sole discretion.

We do not claim ownership of the materials and content you provide to NEOVERSITY; however, by posting them you grant us a license to them. You grant NEOVERSITY a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any materials provided by you on the Site as well as a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with you and your content.

You warrant and represent that you own or otherwise control all of the rights to your submission content as described in these Terms & Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and materials.

In addition to the warranty and representation set forth above, by posting images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms & Conditions and the Site, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms & Conditions, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms & Conditions, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to the general public (for each such Images available anywhere on the Site), permission to use your Images in connection with the use, as permitted by these Terms & Conditions, of the Site, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your

name attached to such Images, and the right to sublicense such rights to any provider of the Site. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Site, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Links to Third Party Sites

The linked sites are not under the control of NEOVERSITY and NEOVERSITY is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NEOVERSITY is not responsible for webcasting or any other form of transmission received from any linked site. NEOVERSITY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEOVERSITY of another site.

Confidentiality

“Confidential Information ” will include, but will not be limited to, any and all information associated with a party ’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. NEOVERSITY ’s Confidential Information includes all information that you receive relating to us, our products and services and our activity, that is not known to the general public including information related to our Customers, security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these T&C. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information.

Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these T&C; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these T&C.

NEOVERSITY Intellectual Property

“Intellectual Property Rights” mean any intellectual and industrial property rights and other similar rights which may exist anywhere in the world, including, but without limitation to inventions, utility models, drawings and industrial models and any rights related to these, copyright and related rights, rights over trademarks, domain names, rights over databases and rights over computer programs (software) and any expression of them, software applications and operating systems, rights over concepts, methods, techniques, algorithms, all materials connected with our activities, any rights over presentations, tests, sketches, drawings, models, graphic works and over any other documentation, including any preliminary or intermediate versions of them, rights over confidential information (including, but without limitation to commercial and/or professional secrets, know-how

and confidential information regarding our potential clients, collaborators, proxies, customers, etc), rights which result from any new and useful achievement of NEOVERSITY, including rights resulted from requests for registration submitted or to be submitted, any priorities about these rights and any other similar rights, together with all returns, reacquisitions, extensions and renewals of such rights or requests (even if they are registered or not), the right to request the registration of such rights and all the rights of action, powers or benefits belonging to or resulted in connection with such rights (including the right to sue to recover damages due to violations from the past), rights over any database, Site and all the other intellectual property rights (in each case, whether registered or not on any media, recorded or not) and all the rights or similar or equivalent protection forms which subsist or will subsist now or in the future, as well as other rights which may be recognized on any Works.

“Works” mean any works of intellectual creation, including inventions, utility models, drawings and industrial models, trademarks, domain names, databases, software and any expression of them, software applications and operating systems, ideas, breakthroughs, concepts, know how, methods, techniques, procedures, algorithms, suggested or implemented improvements/adaptation solutions, achievements or changes of functional specifications of any kind, models, photographs, materials connected to Activities, any presentations, codes, including source codes, object codes, machine codes or any other form of coding, formulas, analyses, experiments, prototypes, graphic diagrams, statistics, questionnaires, sketches, drawings, models, graphical works, any materials which incorporate the above, including any previous or intermediary versions, result of any implementations or adjustments of the above, under any form, including physical and electronic form, whether they were recorded on a support, recordable or non-recordable, and whether they are susceptible of being protected as inventions, by copyright or by other forms of protection set out by the intellectual property rights legislation, including all translation rights, registered or unregistered, generated by Us, our employees, management members, (sub)contractors, Collaborators, shareholders/partners or proxies, in any of the following cases: a) during, in connection or as result of fulfilment of activities for the benefit of NEOVERSITY based on a legal relationship and/or at the instructions of NEOVERSITY; and/or b)by use of knowledge, information and experience acquired from NEOVERSITY and/or during the carrying out of activity based on legal relationship and/or by using the Site, platforms, pages, services or the systems and solutions of NEOVERSITY; and/or c)in any other way in connection with NEOVERSITY and/or any component of its activity.

All the Intellectual Property Rights and other similar rights recognized and/or which might be recognized on any Works, belong to NEOVERSITY.

You agree that you may not use any trademarks, logos, or service marks of NEOVERSITY, whether registered or unregistered, including but not limited to the word mark / syntagm NEOVERSITY, the word mark NEOVERSITY (“NEOVERSITY Trademarks”) unless you are authorized to do so by NEOVERSITY in writing. You agree not to use or adopt any marks that may be considered confusing with the NEOVERSITY Trademarks. You agree that any variations or misspellings of the NEOVERSITY Trademarks would be considered confusing with the NEOVERSITY Trademarks.

You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include NEOVERSITY or NEOVERSITY Trademarks or that use or include any terms that may be confusing with the NEOVERSITY Trademarks. You acknowledge and agree that the T&C do not give you any right to any NEOVERSITY patents or other elements protected by intellectual property rights of NEOVERSITY.

T&C Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the T&C at any time. Unless we indicate otherwise, any changes to the T&C will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Site after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the T&C as amended. If you do not agree to the amended T&C, you must stop accessing and using the Site.

Applicable law and dispute resolution

The T&C will be governed by and interpreted in accordance with the laws of ROMANIA, without regard to principles of conflicts of laws.

Each of the Parties will make a good faith effort to negotiate and mediate any claim, dispute or controversy (a “Dispute”) arising out of the T&C before the filing of an action in any court. If the Dispute is not resolved within thirty (30) days, the Parties agree that the Dispute may be submitted to the competent courts of law.

Any action will be brought for solving to the competent court of law in ROMANIA.

Final Provisions

The T&C, including the documents it incorporates by reference, govern your use of the Site, superseding any prior versions of the T&C between you and NEOVERSITY.

The failure of NEOVERSITY to exercise or enforce any right or provision of the T&C will not constitute a waiver of such right or provision. If any provision of the T&C, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the T&C will remain in full force and effect.

The T&C may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English T&C and NEOVERSITY ’s T&C available in another language, the RO version of the T&C will prevail.

If any provision, or portion of the provision, in these T&C is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the T&C, and the T&C will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the T&C.

On termination, all related rights and obligations under the T&C immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and provisions regarding Confidentiality, Limitation of Liability and No R&W, Intellectual Property and Your Materials, Privacy and Data Protection, Modifications and Final Provisions will survive the termination by any reason of these T&C.

Any notifications or complaints can be submitted and sent via email to: [email protected] NEOVERSITY will answer these notifications/complaints within a reasonable timeframe, usually 30 calendar days from the date of receipt.

T&C Site updated at and applicable starting 07.11.2024