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Terms of Service

These Terms of Use (the Terms) set out the rules for access to the ASENDIO website and, where applicable under Article 1, use of the ASENDIO platform. The provider is ASENDIO L.L.C., a company registered in the Republic of Kosovo under business registration number 812316281, with its registered office at Tirana str., Prishtina, Republic of Kosovo (ASENDIO, we or us). Questions about these Terms may be sent to contact@asendio.io. 


Definitions in these Terms related to the parties have the meaning as below: 

  1. Customer means the business or organisation purchasing or receiving the services under a separate written agreement, including an agreed order form (Customer Agreement).  


  2. Authorised User means an individual whom the Customer authorises to use the platform. 


  3. Customer Content means data, documents, training materials, recordings, prompts and other information supplied by or on behalf of the Customer or its Authorised Users.  


  4. References to you mean the website visitor or Authorised User accepting these Terms, or the Customer only where its authorised representative expressly accepts them on its behalf. 


1. ACCEPTANCE OF TERMS 


  1. You must be given access to these Terms before being asked to accept them. Acceptance for platform access must be recorded through an express acceptance step or the applicable Customer Agreement. 


  1. Merely browsing the public website does not subscribe you to a paid service or authorise you to bind an organisation. An Authorised User accepts the applicable use rules in an individual user capacity and does not thereby accept payment, indemnity or other commercial obligations on behalf of the Customer. If you do not accept the applicable use rules, you must not use the platform. 


  1. A Customer Agreement governs the purchased services, fees, subscriptions, warranties, liability and termination. 


  1. These Terms apply to a Customer or its Authorised Users only to the extent incorporated or permitted by that agreement and do not override it. If the Customer Agreement excludes public website terms, that exclusion remains effective. 


  1. The applicable data processing agreement governs personal data processing and the applicable service level agreement governs service levels, subject to their agreed order of precedence. 


2.DESCRIPTION OF SERVICES 


  1. Asendio is an online Learning Experience Platform that provides various educational services, including but not limited to course materials, interactive learning modules, assessments, and communication tools. Depending on the modules agreed with the Customer, services may include learning materials, assessments, AI-assisted coaching and knowledge retrieval, voice or text simulations, readiness feedback and Digital Twin functionality. The Customer Agreement defines the modules, user limits, integrations and services supplied. Descriptions on the website do not include every feature in every subscription. 


  1. ASENDIO update and improve the website. 


  1. ASENDIO may update and improve the platform, subject to the Customer Agreement. Material changes affecting agreed services will be handled under that agreement, with reasonable notice where practicable and acceptable. Any change that may reduce the agreed core functionality during the committed term, shall be made only as permitted by that agreement or required by law. Urgent changes may be made where necessary for security or legal compliance.  


  1. Availability, support and any service credits are governed by the applicable service level agreement with the Customer, as these Terms create no separate uptime commitment. 


3. USER ACCOUNTS AND SECURITY 


  1. To access certain features of the Asendio platform, you may be required to create a user account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials, and you agree to notify us immediately of any unauthorized use or suspected breach of security. 



  1. Customer administrators must assign access according to users’ duties, review permissions and promptly remove or request removal of access when authorisation ends, subject to the Customer Agreement. ASENDIO may act on properly authenticated administrator instructions within the agreed scope. Administrator access to user activity and records is limited by configured permissions, the Customer Agreement and applicable law 


4. USER RESPONSIBILITIES 


  1. Content Usage: Subject to the Customer Agreement and these Terms where applicable, Authorised Users receive a limited, non-exclusive, non-transferable right to access the subscribed services for the Customer’s authorised internal purposes during the authorised access period. No right to resell, sublicense or make the service available to unauthorised third parties is granted. Restrictions on copying, modifying or distributing ASENDIO or third-party materials do not restrict the Customer’s rights in its own content or exports expressly permitted by the Customer Agreement or applicable law. 


  1. Prohibited Activities: You agree not to engage in any activities that may disrupt or interfere with the functioning of the Asendio platform, or that infringe upon the rights of others. Prohibited activities include, but are not limited to: sending spams; bypass access controls; transmitting any unlawful, harmful, or offensive content; engaging in unauthorized data collection or harvesting; attempting to gain unauthorized access to the platform or other user accounts; and engaging in any form of spamming or unsolicited advertising. You also must not attempt to manipulate AI instructions or retrieval functions to disclose protected information or another customer’s content. 


  1. Compliance with Laws: You must comply with all applicable laws and regulations while using the Asendio platform. You are solely responsible for any content you upload or share on the platform, ensuring that it does not violate any intellectual property rights, privacy rights, or other legal rights of third parties. These Terms do not transfer a party’s statutory obligations to another party. 


5. INTELLECTUAL PROPERTY RIGHTS 


  1. ASENDIO and its licensors retain their rights in the platform, software, underlying technology, trademarks and materials supplied by them. The Customer and relevant rights holders retain their rights in Customer Content. The Customer grants ASENDIO a limited right to host, reproduce, process and transmit Customer Content only as necessary to provide, secure and support the agreed services, in accordance with the Customer Agreement and applicable data processing agreement. No ownership of Customer Content is transferred to ASENDIO. 


  1. The Customer and relevant rights holders retain their rights in Customer Content.  


  1. Rights to use AI-generated outputs are governed by the Customer Agreement and applicable law, subject to underlying ASENDIO and third-party rights. 


6. PRIVACY AND DATA PROTECTION 


  1. We are committed to protecting your privacy and handling your personal information in accordance with our Privacy Policy. By using the Asendio platform, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. 


  1. The Customer remains responsible for its own privacy information to Authorised Users. Acceptance of these Terms is not consent to all personal data processing. Where consent is legally required, it must be obtained separately for the relevant purpose and managed in accordance with applicable law. 


  1. ASENDIO will not use Customer Content independently to train or fine-tune general-purpose AI models, conduct cross-customer benchmarking, create unrelated profiles, market to individuals or carry out unrelated analytics. Customer-specific retrieval and generation necessary to supply the agreed service remain subject to documented instructions and the applicable data processing agreement. Any proposed separate purpose requires a separate prior written arrangement with the Customer and a valid legal basis, thus accepting these Terms does not authorise it. 


7. LIMITATION OF LIABILITY 


  1. To the maximum extent permitted by law, Asendio and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Asendio platform. 


8. INDEMNIFICATION 


  1. You agree to indemnify and hold harmless Asendio and its affiliates, officers, employees, agents, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Asendio platform, your violation of these Terms of Use, or your infringement of any intellectual property or other rights of any third party. 


9. TERMINATION 


  1. We reserve the right to suspend or terminate your access to the Asendio platform at any time, with or without cause, and without prior notice. Upon termination, all rights and licenses granted to you under these Terms of Use will immediately cease, and you must cease all use of the platform. ASENDIO will provide notice and reasons where legally permitted and reasonably practicable, allow a reasonable opportunity to remedy a remediable breach unless urgent action is necessary, and restore access when the grounds for suspension are resolved. Termination of contracted services and any refunds or other remedies are governed by the Customer Agreement. 


  1. On expiry or lawful termination, the affected right of access ends, subject to any agreed transition or export period. The Customer’s ownership rights, accrued rights, confidentiality obligations, applicable liability provisions and dispute provisions survive to the extent necessary to give them effect. Return and deletion of data are fully addressed in the Data Processing Agreement. 



10. MODIFICATIONS TO TERMS 


  1. We may revise these Terms of Use from time to time in our sole discretion. The most current version will be posted on the Asendio website, and your continued use of the platform after any changes indicate your acceptance of the modified terms. 


  1. ASENDIO will give reasonable advance notice of material changes to affected Customers and Authorised Users, unless an urgent legal or security reason requires earlier action. 


  1. No website update or continued use amends a Customer Agreement or replaces its agreed amendment procedure. 


11. GOVERNING LAW AND JURISDICTION 


  1. These Terms of Use shall be governed by and construed in accordance with the laws of Republic of Kosovo, without regard to its conflict of laws principles. Any dispute arising out of or relating to these terms shall be exclusively submitted to the competent courts of Republic of Kosovo's jurisdiction. 


12. SEVERABILITY 


  1. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 


13. ARTIFICIAL INTELLIGENCE AND HUMAN OVERSIGHT 


  1. Where enabled, AI features generate responses, feedback, scores or recommendations from supplied information and the relevant system configuration. Outputs may be inaccurate, incomplete or unsuitable for a particular context and must be reviewed before material reliance. They support the agreed learning and development purposes and are not a guarantee of employee competence, regulatory compliance or business results. 


  1. The Customer must ensure meaningful human review and must not use AI outputs as the sole basis for recruitment, dismissal, discipline, promotion, compensation or other decisions with legal or similarly significant effects on individuals. The Customer must inform affected users about the relevant AI-supported use and provide an appropriate route to question or correct outputs. ASENDIO will provide the information and support required by applicable law and the Customer Agreement for that purpose. 


  1. AI features must not be used for covert employee surveillance, biometric identification or inference of emotions from biometric data in the workplace. Any use beyond the documented training and development scope requires prior assessment and written agreement and must remain lawful. A contractual agreement between Asendio and the Customer cannot and shall not authorise a prohibited practice. 


14. CONFIDENTIALITY 


  1. ASENDIO and the Customer must protect non-public information disclosed through the services, including but not limited to internal procedures, training materials, simulations and business records, using reasonable care and at least the care used for their own information of comparable sensitivity. Such information may be used only for the agreed services and disclosed only to personnel or service providers who need access and are bound by appropriate confidentiality duties. Authorised Users must comply with the confidentiality and access obligations applicable to them. 


15. ENTIRE AGREEMENT 


  1. These Terms address only their stated subject matter and do not replace or supersede a Customer Agreement, order form, data processing agreement or service level agreement. Their application and relationship to those documents are governed by Article 1. A referenced notice or internal policy does not become an additional commercial commitment unless expressly incorporated through the applicable agreement. By using Asendio, you acknowledge that you have read, understood, and agreed to these Terms of Use.