Terms of Service

Last Updated: 24 October 2025

These Terms of Service (“Terms”) govern the use of the AlphaLearn Learning Management System (“LMS”, “Service”) provided by Horizzon Information Technologies Private Limited (“AlphaLearn”, “we”, “our”, or “us”) via the website at alphalearn.com and its subdomains (“Website”).

By accessing or using the AlphaLearn LMS (“Service”), you (“Customer”, “you”, “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Service Description and License Grant

1.1 Service Overview

AlphaLearn provides a cloud-based learning management system that enables you to create, manage, and deliver online courses to your employees, students, or other learners (“Trainees”).

1.2 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with your subscription plan.

1.3 Binding Agreement

These Terms are binding upon any use of the Service, including during a free trial. Our Privacy Policy, available on our Website, is incorporated by reference.

2. Information Security and Data Protection

2.1 Security Commitment

AlphaLearn is committed to protecting the confidentiality, integrity, and availability of Customer Data through robust administrative, technical, and organizational safeguards aligned with recognized industry standards.

2.2 Security Measures

We employ appropriate security controls to protect Customer Data against unauthorized access, alteration, or loss. These measures include encryption, access management, monitoring, and incident response procedures.

2.3 Data Confidentiality

Customer Data remains your property. We will not access, use, or disclose Customer Data except as necessary to provide and support the Service, to address security or technical issues, to comply with legal obligations, or with your explicit authorization.

3. Customer Data and Intellectual Property

3.1 Ownership

You retain full ownership of all data, content, and materials you upload to the Service (“Customer Data”).

3.2 Responsibility

You are responsible for:

  • The accuracy, legality, and quality of Customer Data
  • Obtaining all necessary rights, permissions, and consents
  • Managing your users’ access and activity within the Service

3.3 AlphaLearn Intellectual Property

AlphaLearn owns all rights, title, and interest in the LMS software, platform, and related materials. You may not modify, copy, reverse-engineer, or create derivative works except as expressly permitted by these Terms.

4. Acceptable Use and Account Security

4.1 Account Security

You must maintain the confidentiality of your account credentials and ensure that only authorized users access the Service. Notify us promptly at helpdesk at alphalearn dot com if you suspect unauthorized access.

4.2 Prohibited Activities

You agree NOT to:

  • Use the Service for unlawful, harmful, or misleading purposes
  • Upload malware or interfere with the Service’s operation
  • Send unsolicited or spam communications
  • Attempt to gain unauthorized access to any systems or data
  • Misrepresent your identity or affiliation

4.3 Communication Responsibility

When using the Service to send communications (email, SMS, Whatsapp, etc.), you confirm that you have obtained the necessary permissions from recipients and that such communications comply with applicable laws.

5. Service Availability and Backups

5.1 Availability

We strive to maintain high availability. However, the Service may be temporarily unavailable due to:

  • Scheduled or emergency maintenance
  • Infrastructure or network outages
  • Circumstances beyond our reasonable control

5.2 Data Backup

We perform regular system backups for disaster recovery but cannot guarantee complete data restoration. You are advised to maintain your own independent backups of important Customer Data.

6. Payment Terms

6.1 Fees and Billing

You agree to pay all applicable fees based on your chosen subscription plan and the number of licenses subscribed. All payments are non-refundable except as required by law.

6.2 Usage Beyond Plan Limits

If your usage exceeds plan limits (e.g., users, storage, or bandwidth), we may charge additional fees at prevailing rates.

6.3 Non-Payment

If payment is not received by the due date, we may suspend or terminate your access to the Service.

6.4 Price Revisions

We may revise pricing with at least 30 days’ notice before your next renewal date.

7. Support and Service Levels

7.1 Support Availability

Technical support is available from Monday to Friday, 10:00 AM to 6:00 PM IST (excluding public holidays).

7.2 Response Expectations

We use commercially reasonable efforts to respond to and resolve issues within a reasonable timeframe, prioritizing based on severity.

8. No Warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

9.1 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALPHALEARN OR ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO CUSTOMER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ALPHALEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALPHALEARN AND ITS AFFILIATES TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO AN AMOUNT EQUAL TO THREE (3) MONTHS OF SUBSCRIPTION FEES BASED ON THE NUMBER OF LICENSES SUBSCRIBED AT THE TIME OF THE EVENT GIVING RISE TO THE CLAIM.

9.3 Allocation of Risk

THE LIABILITY AND WARRANTY PROVISIONS IN THIS SECTION 9 ARE INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THESE PROVISIONS ARE INDEPENDENT AND WILL REMAIN EFFECTIVE EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Term and Termination

10.1 Term

These Terms take effect when you first access the Service and continue for the duration of your subscription term.

10.2 Termination by Customer

You may terminate your subscription as permitted by your plan. Prepaid fees are non-refundable.

10.3 Termination by AlphaLearn

We may suspend or terminate access if you:

  • Violate these Terms
  • Fail to pay fees on time
  • Use the Service in a manner that creates security, operational, or legal risk

10.4 Effect of Termination

Upon termination:

  • Your license and access to the Service immediately end.
  • AlphaLearn will delete Customer Data from production systems within 60 days and from backups according to our retention policy.
  • Certain data may be retained as required by law or for legitimate business purposes.

10.5 Survival

Sections relating to payment obligations, confidentiality, intellectual property, limitation of liability, and other provisions necessary for enforcement shall survive termination.

12. General Provisions

12.1 Modification of Terms

We may update these Terms by posting a revised version on our website. The “Last Updated” date indicates the most recent revision. Continued use of the Service after any updates constitutes your acceptance of the revised Terms.

12.2 Governing Law and Jurisdiction

These Terms are governed by the laws of India, and any disputes are subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.

12.3 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to affiliates or successors.

12.4 Entire Agreement

These Terms, together with the Privacy Policy, represent the entire agreement between you and AlphaLearn regarding your use of the Service.

12.5 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full effect.

12.6 Force Majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond reasonable control, including natural disasters, war, strikes, or internet or power outages.

13. Contact Information

Privacy, Legal, or Compliance Enquiries: helpdesk at alphalearn dot com

Customer Support and Technical Assistance: Support Ticket: Built-in support system from Monday to Friday, 10:00 AM to 6:00 PM IST

Company Information: Horizzon Information Technologies Private Limited

Website: www.alphalearn.com

By using AlphaLearn LMS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.