Terms and Conditions

1.1. DISINDEX S.R.L., registry code 11611310969, registered office at Via Renzo e Lucia 9, 20142 Milano, Italy (RI/REA: MI-2614128), hereinafter referred to as "we," "our," or "us," operates the Divamea Academy platform ("Platform"), accessible at academy.divamea.com. The Platform is a multi-tenant marketplace for professional aesthetics and skincare education, enabling businesses ("Academy Owners") to create, manage, and distribute branded online training programs, courses, and certifications, and practitioners ("Students" or "Learners") to enroll in and complete said educational offerings. Your use of the Platform is subject to these Terms and Conditions ("Terms").

1.2. The Platform provides tools and services including, but not limited to: white-label academy creation, course authoring and management, AI-powered learning assistance, lesson delivery, quiz and examination systems, certificate issuance, enrollment management, and a public marketplace for course discovery. The educational content hosted on the Platform is created and managed by Academy Owners, not by DISINDEX S.R.L.

1.3. The educational content available through the Platform, including courses, lessons, and certifications, is provided for professional development purposes within the aesthetics and skincare industry. It does not constitute medical advice, diagnosis, or treatment. Course content related to medical procedures, product application, or clinical techniques is provided under the sole responsibility of the respective Academy Owner. Participants should always consult with a licensed physician or qualified health care provider before applying any clinical technique or procedure.

2.1. "Academy Owner" refers to any business entity (clinic, brand, distributor, or training organization) that creates and manages a branded academy within the Platform, including publishing courses, managing enrollments, and issuing certifications.

2.2. "Student" or "Learner" refers to any individual who registers on the Platform to browse, enroll in, and complete courses offered by Academy Owners.

2.3. "Course" refers to any educational program, module, lesson, quiz, examination, or certification pathway published through the Platform by an Academy Owner.

2.4. "Marketplace" refers to the public-facing section of the Platform where Students can discover and enroll in courses offered by various Academy Owners.

2.5. "Account" refers to the personal or business account created upon registration, granting access to the Platform's features based on the user's role (Academy Owner or Student).

3.1. Subject to all limitations and restrictions contained herein, we grant you a non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms and any applicable service or subscription agreement.

3.2. You understand and agree that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.

3.3. Academy Owners are solely responsible for the accuracy, legality, quality, and appropriateness of all educational content published through their academies. We do not review, endorse, or certify the content provided by Academy Owners.

3.4. Students acknowledge that course completion and certifications issued through the Platform reflect the standards established by the individual Academy Owner, and do not constitute accreditation, licensing, or qualification by DISINDEX S.R.L. or any regulatory body unless expressly stated by the Academy Owner.

3.5. You may not sell, modify, re-use, re-sell, distribute, reproduce, or make any other unauthorized use of the Platform, its services, course content, or certifications, except as expressly permitted under your service agreement or these Terms.

3.6. You may not use demo or trial accounts for any commercial purposes.

3.7. You may not reverse engineer, decompile, or disassemble the Platform, nor modify or falsely imply that you are associated with the Platform beyond your actual role. You may not use any robot, scraper, or other automated means to access the Platform or extract data, including course content, user data, or enrollment information, without our express written permission.

3.8. No ownership or exclusive intellectual property rights to the Platform are granted to you through your use of the Platform.

3.9. You use the Platform entirely at your own risk, for which we shall not be liable except as expressly stated in these Terms.

3.10. We reserve the right to suspend or terminate your account and your use of the Platform if you violate these Terms or any applicable service agreement.

4.1. You are responsible for all activity that occurs under your account, including any content published, enrollments initiated, and certifications issued. You are responsible for maintaining the security of your account credentials. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this obligation. You shall promptly notify us if you become aware of any unauthorized use of, or access to, your account.

4.2. You must provide accurate and complete information during registration and maintain your account information up to date. Changes to the account can be requested only by using the email address provided during the sign-up process or through the designated account management channels.

4.3. Each account is personal and non-transferable. Sharing account credentials with third parties is prohibited and may result in immediate suspension.

5.1. Academy Owners retain full ownership and responsibility for the educational content they publish on the Platform, including courses, lessons, images, videos, assessments, and certificates.

5.2. Academy Owners warrant that all content published through the Platform: (a) is accurate, not misleading, and compliant with applicable laws and industry standards; (b) does not infringe upon the intellectual property rights of any third party; (c) does not contain harmful, defamatory, obscene, or otherwise objectionable material; and (d) complies with applicable regulations governing professional education in the aesthetics and medical aesthetics sector.

5.3. We reserve the right to remove, disable, or suspend any course or academy that we determine, in our sole discretion, to be in violation of these Terms, applicable law, or our community standards.

5.4. Academy Owners are solely responsible for managing student enrollments, responding to student inquiries, and fulfilling any obligations arising from the educational programs they offer.

6.1. Students may browse courses on the Marketplace and request enrollment in programs offered by Academy Owners. Enrollment is subject to approval by the respective Academy Owner and any prerequisites or conditions established for each course.

6.2. Upon successful completion of a course, Students may receive a digital certificate issued by the Academy Owner through the Platform. Certificates reflect completion of the specific training program and are issued under the authority of the Academy Owner, not DISINDEX S.R.L.

6.3. Students retain the right to access enrolled course materials for the duration specified by the Academy Owner or, if no duration is specified, for as long as the course remains published on the Platform.

6.4. Students may not share, redistribute, reproduce, or commercially exploit any course materials, certificates, or proprietary content accessed through the Platform without the express written consent of the respective Academy Owner.

7.1. All intellectual property rights in the Platform itself, including its design, architecture, source code, user interface, the ECLIXI AI framework, AI-powered features, branding, and any upgrades, additions, or improvements thereto, will at all times remain our property and/or the property of the licensor who has granted us the respective licence.

7.2. Academy Owners retain intellectual property rights over the educational content they create and publish. By publishing content on the Platform, Academy Owners grant us a non-exclusive, worldwide licence to host, display, distribute, and technically process such content solely for the purpose of operating and providing the Platform's services.

7.3. The intellectual property rights in all software developments (APIs, applications, algorithms, machine learning models, methods, etc.) created by us will remain with us.

8.1. We process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable Italian data protection legislation. Please refer to our Privacy Policy for full details on how we collect, use, store, and protect personal data.

8.2. Academy Owners, in their role as data controllers for student information within their own academies, undertake to comply with all applicable personal data protection legislation. Academy Owners are responsible for ensuring proper legal bases and consent mechanisms for any data they collect from their students through the Platform.

8.3. We act as a data processor on behalf of Academy Owners for the purpose of hosting and technically processing student data within their respective academies. A separate Data Processing Agreement may be entered into between us and the Academy Owner where required by law.

9.1. We provide the Platform on an "as is" and "as available" basis, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Platform, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

9.2. We do not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the educational content provided by Academy Owners is accurate, complete, or suitable for any specific purpose; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components.

9.3. We do not endorse, verify, or certify the qualifications, expertise, or credentials of any Academy Owner. Students are solely responsible for evaluating the suitability of any course before enrollment.

10.1. To the extent permitted by applicable law, we are not liable for loss or damage incurred by: (i) your use or inability to use the Platform; (ii) the quality, accuracy, or fitness of educational content published by Academy Owners; (iii) any modification, suspension, or discontinuance of the Platform; (iv) the software or systems that make the Platform available; (v) unauthorized access to or alterations of your data; (vi) any clinical or professional consequences resulting from the application of techniques learned through courses on the Platform; or (vii) any other matter relating to the Platform.

10.2. Our liability is limited to direct patrimonial damages caused to you as a result of our intentional or gross negligent breach. Under no circumstances will we be liable for loss of your profit, loss of data, or consequential damages. To the extent permitted by applicable law, we are not liable for any claims of third parties relating to the Platform.

10.3. We will have no liability for any failure or delay due to matters beyond our reasonable control. Our maximum aggregate liability is limited to the amount of EUR 100 or the fees paid by you in the twelve (12) months preceding the claim, whichever is lesser.

10.4. The limitations and exclusions of liability set out under these Terms shall not apply in cases and to the extent where such liability cannot be excluded or limited under applicable law.

11.1. You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, and expenses arising out of your use of the Platform, including, but not limited to: (a) your violation of these Terms; (b) your violation of applicable data protection or education legislation; (c) any content you publish on the Platform; and (d) any dispute between an Academy Owner and a Student arising from course content, enrollment, or certification.

12.1. We reserve the right, at our sole discretion, to amend these Terms at any time, in particular if amendments are necessary to comply with legal obligations, due to changes in the Platform's features or services, or any other ordinary business activities.

12.2. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.

12.3. Continued use of the Platform after any modifications to these Terms constitutes acceptance of the revised Terms.

13.1. These Terms and any documents relating thereto are governed by and shall be construed in accordance with the laws of the Italian Republic.

13.2. All disputes arising from or related to these Terms or the use of the Platform will be settled by way of negotiations. If an amicable settlement cannot be reached, the dispute shall be settled in the courts of Milano, Italy.