Terms of service — TalentLMS

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• Supplier entity Report an error

  “Epignosis LLC, a U.S.A. based company, having its registered office at 1209 Orange Street, City of Wilmington, Delaware, DE 19801, U.S.A., or Epignosis UK Limited, a U.K. based company, having its registered office at 1 Fore Street Avenue, London, United Kingdom, EC2Y 9DT, as the case may be.”

• Currency Report an error

  “All fees are in U.S. Dollars and, unless explicitly provided otherwise herein, are non-refundable.”

• Price page Report an error

  “Supplier will make reasonable efforts to keep pricing information published on the website up to date, available at https://www.talentlms.com/prices.”

• Fees exclude taxes Report an error

  “The fees set forth in the applicable Order or ordering interface are exclusive of all federal, state, municipal, or other government excise, sales, use, value added or other taxes now in force or enacted in the future”

• Invoice terms Report an error

  “Unless otherwise set forth in the Order, Customer shall pay all Supplier’s undisputed invoices within 30 days after Customer receives the invoice.”

• Annual increase Report an error

  “the Subscription Fees shall be subject to an automatic annual increase of five percent (5%), effective on each anniversary of the Subscription Billing Date.”

• Early termination refund Report an error

  “If Customer terminates the Subscription for convenience within the first three months of an annual Subscription, Customer will be eligible to receive a pro-rated refund of prepaid amounts, excluding a cancellation fee of 10% deducted from such refund.”

• Free plan Report an error

  “The customer may elect to use either Supplier’s standard free plan or paid features, including a Subscription.”

• Free account single limit Report an error

  “if on a free version account, not to maintain -either directly or indirectly- more than one account.”

• Customer cashout limit Report an error

  “In no event may Customer Cash Out more than $1,000 per day.”

• Customer fees payouts Report an error

  “you may receive the fees charged less certain fees and expenses (your “Customer Fees”) using Supplier’s third-party service provider (e.g., Stripe).”

• SLA Report an error

  “Supplier will use commercially reasonable efforts to provide access to the Services in accordance with the Service Level Agreement available at https://www.talentlms.com/sla.”

• Channels Report an error

  “Unless Customer’s pricing plan, as identified in the relevant Order, includes chat support, technical support is solely available via e-mail to Customer’s designated account administrator.”

• Course store Report an error

  “LMS Course Store” means the online Course Store site operated as part of the Service where Customer Course Store Courses and related materials may be promoted and made available to other users.”

• User subscriptions model Report an error

  “A single login shared by multiple Authorized Users is not permitted.”

• Audit rights Report an error

  “upon 10 days’ written notice, permit Supplier or its duly authorized representative to audit Customer’s records which relate to the measurement of the number of Authorized Users and user subscriptions, provided that such audits may not be conducted more than once during any consecutive 12-month period.”

• Paid course delivery Report an error

  “Customer may elect to charge Authorized Users to access a Customer Delivered Course.”

• Third party integrations Report an error

  “including through features that allow you to link your account on Supplier with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons).”

• Export third party Report an error

  “Supplier may provide tools through the Services that enable you to export information, including Customer Content, to third-party services”

• DPA Report an error

  “Supplier’s performance of this Agreement requires Supplier to process, transmit, and store personal data under the documented instructions of the Customer and as further specified in the Data Processing Addendum (“DPA”) available here, which forms an integral part of this Agreement.”

• Scc module1 Report an error

  “shall undertake data protection obligations no less protective than the obligations set forth by Module 1 of the Standard Contractual Clauses (SCCs), as this term is defined in the DPA.”

• Privacy policy Report an error

  “service usage data for the purposes of analysis and benchmarking, as further specified in Supplier’s Privacy Policy, available at https://www.talentlms.com/privacy.”

• Dmca Report an error

  “We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended).”

• Inactivity deletion Report an error

  “If the Customer has a free version account and does not log into an account for more than six (6) months, that account will be permanently deleted.”

• Inactivity notice Report an error

  “Supplier will notify Customer via email at least thirty (30) days before deleting Customer’s account, with a follow-up reminder notification at least seven (7) days prior to the deletion.”

• Downgrade on nonrenewal Report an error

  “If you elect not to renew a Subscription, your account will be downgraded to the free version of the Services, and you acknowledge and accept that this may result in Customer Content becoming inaccessible or permanently deleted.”

• Cancellation email Report an error

  “You may cancel the Subscription via your Portal (under Subscription) or by contacting us at help@talentlms.com.”

• Ownership customer content Report an error

  “You retain any copyright and other proprietary rights that you may hold in the Customer Content that you post to the Services.”

• Beta services Report an error

  “The Beta Services are provided for evaluation and feedback purposes only and may not be used for operational or commercial purposes.”

• Liability cap Report an error

  “IS LIMITED TO THE GREATER OF: (A) THE AMOUNT CUSTOMER HAS PAID TO SUPPLIER FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.”

• Termination convenience Report an error

  “Customer may terminate this Agreement at any time without cause upon 30 days’ prior written notice to Supplier, in which case any active Subscription will be deemed terminated as well.”

• Breach cure period Report an error

  “if the other party commits a breach of any of the terms and conditions of this Agreement and such breach has not been rectified within thirty (30) days after receipt of notice to rectify served on the defaulting party by the other party”

• Agreement modification notice Report an error

  “Supplier reserves the right to change this Agreement on a going-forward basis at any time upon seven days’ notice.”

• Confidentiality survival Report an error

  “The confidentiality obligations and restrictions on either party set forth in this Section 15 and either party’s rights to enforce the same shall survive the termination or expiration of this Agreement for a period of three (3) years from such termination or expiration”

• Supplier controlled modification Report an error

  “Supplier reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you.”

• Feedback ownership Report an error

  “To the extent Customer provides Supplier with any feedback relating to the Services (including feedback related to usability, performance, interactivity, bug reports, and test results) (“Feedback”), Supplier will own all right, title, and interest in and to such Feedback”

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