Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and LMS Tech ("Company," "we," "us," or "our") regarding your access to and use of the LMS Tech platform, website, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not access or use our Services.

Important: These Terms contain an arbitration clause and class action waiver that applies to users in the United States (Section 17).

To use our Services, you must:

• Be at least 18 years old, OR
• Be at least 13 years old with parental/guardian consent and supervision
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws

For Educational Institutions: Organizations creating accounts on behalf of students must obtain necessary consents and comply with FERPA (USA), GDPR (EU), and DPDP Act (India).

3.1 Account Creation: You must provide accurate, complete, and current information during registration. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security: You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of unauthorized access

3.3 Account Types: Different account types (Super Admin, Admin, Mentor, Learner) have different access levels and responsibilities as defined in your organization's settings.

4.1 Permitted Use: You may use our Services for lawful educational and professional development purposes only.

4.2 Prohibited Activities: You must NOT:

• Violate any laws or regulations
• Infringe intellectual property rights of others
• Upload malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems or accounts
• Harass, abuse, or harm other users
• Scrape, crawl, or use automated tools without permission
• Share account credentials with others
• Reverse engineer or decompile the Services
• Use the Services for commercial purposes without authorization
• Post false, misleading, or defamatory content
• Circumvent access restrictions or security measures

5.1 Your Content: You retain ownership of content you create, upload, or submit ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your User Content solely to provide the Services.

5.2 Responsibility: You are solely responsible for your User Content and represent that:

• You own or have necessary rights to the content
• The content does not violate any laws or third-party rights
• The content does not contain viruses or malicious code

5.3 Content Moderation: We reserve the right to review, remove, or refuse to display User Content that violates these Terms.

5.4 Educational Records: Educational records (grades, assessments, etc.) are protected under FERPA (USA) and similar laws. We will not disclose these without proper authorization.

6.1 Our IP: The Services, including software, text, graphics, logos, and trademarks, are owned by LMS Tech and protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose.

6.3 Restrictions: You may not copy, modify, distribute, sell, or create derivative works from our Services without written permission.

6.4 Trademarks: "LMS Tech" and related marks are trademarks of our Company. You may not use them without permission.

7.1 Fees: Certain Services require payment. All fees are in USD (or local currency) and exclude applicable taxes unless stated otherwise.

7.2 Subscriptions: Subscription plans renew automatically unless canceled. You authorize us to charge your payment method for recurring fees.

7.3 Cancellation: You may cancel subscriptions at any time. Cancellations take effect at the end of the current billing period. No refunds for partial periods.

7.4 Price Changes: We may change prices with 30 days' notice. Continued use after price changes constitutes acceptance.

7.5 Refund Policy:

• 30-day money-back guarantee for new subscriptions
• No refunds after 30 days except as required by law
• Course fees may have separate refund policies

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your data in compliance with GDPR, CCPA, and Indian data protection laws.

Our Services may integrate with third-party services (Google OAuth, payment processors, AI services, etc.). Your use of third-party services is subject to their terms. We are not responsible for third-party services or content.

10.1 By You: You may terminate your account at any time through account settings.

10.2 By Us: We may suspend or terminate your access immediately without notice if:

• You violate these Terms
• Your account shows suspicious or fraudulent activity
• Required by law
• You fail to pay fees

10.3 Effect of Termination: Upon termination:

• Your right to use Services ceases immediately
• We may delete your account and data (subject to retention obligations)
• Provisions that by nature should survive will survive (e.g., liability, disputes)

IMPORTANT: PLEASE READ CAREFULLY

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding accuracy or reliability of content

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• Defects will be corrected
• The Services are free from viruses or harmful components

Educational Disclaimer: While we strive for quality, we do not guarantee educational outcomes or certification acceptance by third parties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMS TECH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR DATA BREACHES
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Exceptions: Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless LMS Tech and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

For Users in India: These Terms are governed by Indian law. Disputes shall be subject to the exclusive jurisdiction of courts in Bangalore, Karnataka, India.

For Users in the EU: These Terms are governed by the laws of your country of residence. You may bring claims in your local courts.

For Users in the USA: These Terms are governed by the laws of the State of California, excluding conflict of laws principles. See Section 17 for arbitration provisions.

Informal Resolution: Before filing a claim, you agree to contact us at legal@lmstech.com to attempt informal resolution.

For US Users - Arbitration Agreement: Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except:

• Small claims court actions
• Intellectual property disputes

CLASS ACTION WAIVER: You agree to resolve disputes individually, not as part of a class or representative action.

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms with a new "Last Updated" date
• Sending email notification (for significant changes)
• In-app notification

Your continued use of Services after changes constitutes acceptance. If you disagree with changes, you must stop using the Services.

17.1 Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and LMS Tech.

17.2 Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.

17.3 Waiver: Our failure to enforce any right or provision does not constitute a waiver.

17.4 Assignment: You may not assign these Terms without our consent. We may assign them without restriction.

17.5 Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

For questions about these Terms, contact: