Terms and conditions

Who we are and what these terms cover

NexiLMS is an online training platform jointly administered by two companies from the Republic of Moldova (together, the “NexiLMS Administrators” or “we”):

• S.C. “Internet Consulting” S.R.L., company number (IDNO) 1005600039866, VAT number 0608510;
• GRANDIOLE S.R.L., company number (IDNO) 1023605001826, VAT number 0612811.

Both companies have their registered office at str. Florilor 12/A, of. 15D, Chișinău, MD-2068. The party you conclude an order or contract with is the company named in the offer, contract or invoice.

These terms apply to:

• the nexilms.com website;
• NexiLMS Cloud, the platform hosted by us, including the dedicated addresses of organizations;
• NexiLMS on your own server, i.e. the platform installed on the customer’s infrastructure;
• the NexiLMS mobile app for iOS and Android, distributed through the App Store and Google Play;
• the demos, support and updates we provide for the services above.

By creating an account, accepting an invitation, signing in to the mobile app, placing an order or continuing to use the services after a new version is published, you accept the terms in force. If you act on behalf of an organization, you confirm that you are authorized to represent it.

For customers with an accepted offer, a signed contract or an addendum, those documents take precedence over these terms for the matters they expressly govern.

Definitions

• Platform: the NexiLMS software, whether it runs in our cloud or on the customer’s server.
• Services: the Platform, the website, the mobile app, hosting, support and updates.
• Customer: the organization or person that concludes a subscription, licence or contract with us: a company, NGO, institution or course creator.
• Administrator: a person given administration rights in the Platform by the Customer.
• User: anyone with an account in the Platform: employee, learner, trainer, author or administrator.
• Content: courses, lessons, tests, files, messages and any other material uploaded or created in the Platform.

User account

An account can be created by your organization’s Administrator, through an invitation or an import, or by you, through registration, where the organization or creator allows it. You can sign in with email and password, with a Google or Apple account or, if your organization has set it up, through its single sign-on (SSO) system.

• The information in your account must be accurate and up to date.
• Your account is personal. Do not share your password or use shared accounts.
• We recommend enabling two-step verification. If you suspect unauthorized access, change your password, end the other sessions in your account settings and let us know immediately.
• The Platform is intended for people aged 16 and over. Younger people may only use it through the organization that trains them and only with the consent of a parent or legal guardian, obtained by that organization.

You can delete your account at any time in the settings or ask us to do it. The steps are described on the Account deletion page.

NexiLMS services

Depending on the plan and the Customer’s configuration, the Platform may include: courses and lessons, the lesson editor, 3D simulations, SCORM and iSpring import, tests, practical assignments, learning paths with deadlines, certificates, reports, webinars, events, chat, notifications, internal documents, gamification and AI translation.

• NexiLMS Cloud: we host and maintain the Platform; updates are included in the subscription.
• Own server: the Customer receives a licence and installs the Platform on its own infrastructure. The conditions are described below and in the contract.
• Demo: the demo environment contains fictitious data, may be reset at any time and must not be used for real data.

We continuously improve the Platform. We may change, replace or withdraw features without materially reducing the services the Customer has already paid for in the current period.

Prices, invoicing and payment

• Prices for NexiLMS Cloud are shown on the Pricing page or in the offer sent to the Customer and include VAT.
• The cloud subscription is annual and is calculated for the total number of users set in the order.
• Invoices are issued through e-Factura, based on the details provided by the Customer. Payment is made by bank transfer within the term shown on the invoice.
• If a payment is late, we will notify you in writing. If the amount is still unpaid 15 days after the notice, we may restrict access until payment. Data is not deleted because of late payment.
• The price for a new period may change. We will notify you at least 30 days before renewal.

Course creators may sell their courses through the Platform. In that case the creator sets the price, payment method and refund conditions, which are shown to you before you order.

The NexiLMS mobile app is free and contains no in-app purchases or subscriptions paid through the App Store or Google Play. Access to courses is provided through the account you receive from your organization or from the course creator.

Customer organizations and administrators

The Customer decides who gets an account, which roles and rights users have, which courses are assigned to them and what data is entered into the Platform. Accordingly, the Customer:

• has a legal basis for processing the data of its employees and learners and informs them about this processing;
• is responsible for the actions of the Administrators and users it invites;
• does not exceed the contracted number of users and does not give access to people outside the organization without authorization;
• removes access for people who leave the organization.

Administrators can see the information needed for training: progress, time spent in lessons, test results, certificates, attendance and reports. They cannot see users’ passwords.

For the data entered by the Customer, we act as a processor. The rules are described in the Privacy policy and, on request, in a data processing agreement signed with the Customer.

Customer and user content

Content uploaded by the Customer or by users remains theirs. You grant us a non-exclusive, free right, limited to the duration of the Services, to host, technically copy, convert, translate at your request and display this content, solely in order to provide the Services.

Whoever uploads content guarantees that they hold the necessary rights to it, including to SCORM packages, courses imported from iSpring, images, videos and fonts, and that it does not infringe the law or the rights of others.

We do not review organizations’ content in advance, but we act when we receive a well-founded report or when the law requires us to.

Acceptable use and prohibited content

The Platform is intended for training and professional communication. You must not:

• publish content that is illegal, defamatory, obscene, violent, incites hatred or discrimination, or exploits minors;
• harass, threaten or intimidate other users, including in chat, comments, questions and webinars;
• send spam, misleading messages or files containing malware;
• publish other people’s personal data without the right to do so;
• infringe other people’s copyright, trademarks or trade secrets;
• bypass access controls, test for vulnerabilities without our written consent, deliberately overload the servers or scrape data;
• copy, decompile or resell the Platform or the mobile app, except where expressly permitted by law.

Reporting and blocking abuse

You can report an abusive message, comment or user to your organization’s Administrator or directly to us at info@webconsulting.md, with the subject “Abuse report”. We review reports within 24 working hours. Depending on the severity, we may hide or delete the content, restrict chat, suspend or close the author’s account and, where the law requires it, notify the authorities.

Artificial intelligence features

AI translation runs only at the request of an authorized user. To perform it, the course text (titles, lessons, questions and answer options) is sent to the AI provider configured in the Platform: Anthropic or OpenAI. Learners’ data is not sent. If the organization uses its own access key, that provider’s terms also apply to it.

Automatic translations may contain errors. The Customer reviews them before publishing and is responsible for how they are used.

Webinars, chat and communication

NexiLMS webinars run on our servers. Only presenters use the camera, microphone and screen sharing, and only with their permission. Participants watch the broadcast. If the organizer announces that a webinar is being recorded, this is shown on the webinar page before it starts.

Some events may take place on external platforms, for example Google Meet, Zoom, Microsoft Teams or Jitsi. The rules and privacy policy of that platform apply there.

Chat messages and comments are visible to the participants of the conversation and, within the limits of their role, to the organization’s Administrators.

Intellectual property

The Platform, the mobile app, the source code, the design, and the NexiLMS name and logo belong to the NexiLMS Administrators or their licensors. A subscription or licence gives you only a limited, non-exclusive and non-transferable right of use for the term of the contract, not ownership.

The Platform includes open-source components used under their licences. We may use any suggestions you send us to improve the product, without any obligation to you.

Installation on your own server

• The licence is granted for a single production installation, unless the contract states otherwise.
• The Customer is responsible for the server, operating system, network, administrative access, security and backups.
• Updates are delivered as digitally signed packages. Before installing a version, the Customer makes a backup.
• To check for updates, the installation periodically contacts our update server and sends only technical data: the address and version of the installation, the installation mode and the total number of users, groups and courses. It does not send any data about users.
• We access the Customer’s installation only at its request, for support, and only within the limits it allows.

The NexiLMS mobile app

The NexiLMS app for iOS and Android lets you take courses, complete tests, join webinars and receive notifications on your phone or tablet. To use it you need an account in a NexiLMS installation. Technical requirements are shown in the App Store and Google Play.

• The app asks for access to the camera, microphone, photos, files or notifications only when you use the related feature. You can withdraw these permissions at any time in your device settings.
• We recommend installing updates. Old versions may stop working after security changes.
• Removing the app from your device does not delete your account. To do that, use the option in the app or the Account deletion page.

Additional terms for the App Store (Apple)

If you downloaded the app from the App Store:

• these terms are concluded between you and the NexiLMS Administrators, not with Apple Inc. (“Apple”). The NexiLMS Administrators, not Apple, are solely responsible for the app and its content;
• the licence of use is limited to Apple devices that you own or control, as permitted by the Usage Rules in the App Store Terms of Service;
• Apple has no obligation whatsoever to provide maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price, if any. The app is free. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app;
• the NexiLMS Administrators, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection laws;
• if a third party claims that the app infringes its intellectual property rights, the NexiLMS Administrators, not Apple, are responsible for the investigation, defence, settlement and discharge of the claim;
• you confirm that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• you comply with applicable third-party terms when using the app, for example those of your mobile carrier;
• Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.

Questions, complaints and claims regarding the app should be addressed to the NexiLMS Administrators at the contact details at the end of this page.

Google Play

If you downloaded the app from Google Play, the download is also governed by the Google Play Terms of Service. Google is not responsible for the app or its support.

Personal data

How we collect, use, keep and delete personal data is described in the Privacy policy, which forms part of these terms. We comply with Law No. 195/2024 on personal data protection of the Republic of Moldova and, where applicable, the EU General Data Protection Regulation 2016/679 (GDPR).

Availability and backups

We make every reasonable effort to keep NexiLMS Cloud running without interruption. However, there may be maintenance, updates, errors or problems with internet and power providers. Where possible, we carry out planned work outside working hours and announce it in advance when it may affect use.

NexiLMS Cloud data is located on servers in Germany and is regularly copied to separate storage, also in the European Union. A guaranteed service level (SLA) applies only if it is set out in the contract.

Warranties and limitation of liability

The Services are provided as described on the website and in the offer. We do not guarantee any particular professional or educational outcome of training.

To the extent permitted by law, we are not liable for indirect losses, lost profits or data loss caused by the actions of the Customer or users. Our total liability to a Customer is limited to the amount it paid for the Services concerned in the last 12 months.

These limits do not apply in cases of intent or gross negligence and do not restrict the rights that the law grants to consumers and that cannot be limited by contract.

Suspension, termination and data export

The Customer may stop using the Services at the end of the paid period or under the conditions of the contract. We may suspend or close an account or subscription in the event of a serious breach of these terms, a security risk, fraud, non-payment or at the request of an authority. Where possible, we will notify you in advance and give you the opportunity to remedy the problem.

After a cloud subscription ends, the Customer can export its data for 30 days. After that, the data is deleted from active systems within a further 30 days and from backups within another 30 days. We keep only the documents the law requires us to keep, such as invoices.

Changes to these terms

We may update these terms when the law, the Services or the way we work change. The version and effective date are shown at the top of the page. We will notify you of important changes at least 30 days in advance, by email or in the Platform. If you do not agree with the new version, you can stop using the Services before it takes effect.

The Romanian text is the reference version. The English, Russian and German translations are provided for convenience.

Governing law and disputes

These terms are governed by the laws of the Republic of Moldova. Please send any complaint to us first at info@webconsulting.md so that we can try to resolve it amicably. If we do not reach an agreement within 30 days, the dispute will be settled by the competent courts of Chișinău.

If you use the Services as a consumer, you keep the protection given by the mandatory rules of the country where you live and the right to bring proceedings before its courts.

Contact details

For any question about NexiLMS, write to us at info@webconsulting.md or call +373 22 844 288 or +373 69 110 239.