Terms of Service

• "Service" means the AlphaLearn LMS platform, associated mobile applications, APIs, and all related features provided by AlphaLearn.
• "Customer" means the organization, business, or individual who subscribes to or uses the Service.
• "User" means any individual authorized by the Customer to access the Service, including administrators, instructors, and learners.
• "Customer Data" means all content, files, data, and information uploaded by the Customer or Users to the Service.
• "Subscription" means the plan chosen by the Customer that governs access to and use of the Service.

AlphaLearn provides a cloud-based Learning Management System that enables organizations to:

• Create, manage, and deliver online training programs
• Track learner progress and generate compliance reports
• Manage courses, assessments, and certifications
• Integrate with third-party tools as supported

The scope of access and features available to the Customer depends on the Subscription plan selected.

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must promptly notify us of any unauthorized access or security breaches.
• AlphaLearn reserves the right to suspend accounts that show signs of unauthorized or suspicious activity.

AlphaLearn offers various Subscription plans with different features, user limits, and pricing. The plan selected by the Customer at time of purchase governs the level of access and services provided.

• Fees are billed in advance on the agreed billing cycle (monthly or annual).
• All fees are exclusive of applicable taxes. GST or other applicable taxes will be charged as required by Indian law.
• Invoices are issued electronically and must be paid within the agreed payment term.

Unpaid invoices may result in suspension of access to the Service. AlphaLearn reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum permitted by applicable law, whichever is lower.

AlphaLearn may update Subscription pricing with reasonable prior notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the revised pricing.

You retain all rights, title, and ownership of Customer Data. AlphaLearn does not claim any ownership over your content. You grant AlphaLearn a limited, non-exclusive licence to host, store, and process Customer Data solely to provide and maintain the Service.

All rights in and to the Service, including software, design, trademarks, and documentation, remain exclusively with AlphaLearn. Nothing in this Agreement transfers any ownership of AlphaLearn's intellectual property to the Customer.

If you provide suggestions or feedback about the Service, AlphaLearn may use it without restriction or compensation to you.

You agree not to use the Service to:

• Upload or distribute unlawful, harmful, defamatory, or infringing content
• Attempt to gain unauthorized access to any system, network, or data
• Reverse-engineer, decompile, or attempt to extract source code from the Service
• Resell, sublicense, or transfer access to the Service without authorization
• Engage in activities that disrupt the Service or degrade performance for other users
• Violate any applicable law, regulation, or third-party right

AlphaLearn reserves the right to suspend or terminate accounts that violate these terms without prior notice.

• AlphaLearn targets high availability for the Service, subject to scheduled maintenance and circumstances beyond our reasonable control.
• Scheduled maintenance will be communicated in advance where practicable.
• Technical support is provided through the AlphaLearn helpdesk. Response times depend on the severity of the issue and the support tier associated with your Subscription.
• AlphaLearn does not guarantee uninterrupted or error-free operation of the Service.

Each party agrees to:

• Keep confidential all non-public information received from the other party
• Use such information only to fulfil obligations under this Agreement
• Protect confidential information with at least the same degree of care used for its own confidential information

Confidentiality obligations do not apply to information that is or becomes publicly known through no breach of this Agreement, or is required to be disclosed by law.

AlphaLearn processes Customer Data in accordance with its Privacy Policy and applicable data protection laws, including the Digital Personal Data Protection (DPDP) Act, 2023. The Customer is responsible for ensuring that Users have been informed about and have consented to the collection and processing of their personal data as required by applicable law.

To the maximum extent permitted by law:

• AlphaLearn's total aggregate liability under this Agreement for any claim shall not exceed the total fees paid by the Customer in the three (3) months preceding the claim.
• AlphaLearn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity.
• These limitations apply regardless of the form of action and whether AlphaLearn has been advised of the possibility of such damages.

The Service is provided "as is" and "as available." AlphaLearn disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by applicable law.

You agree to indemnify and hold harmless AlphaLearn and its officers, employees, and affiliates from any claims, losses, damages, or costs (including reasonable legal fees) arising from your use of the Service, your breach of this Agreement, or any violation of applicable law or third-party rights by you or your Users.

This Agreement begins on the date you first access the Service and continues for the duration of your Subscription, subject to renewal as agreed.

You may terminate your Subscription by providing written notice before the renewal date in accordance with the terms of your plan. No refunds are issued for unused periods of a current billing cycle unless otherwise agreed in writing.

AlphaLearn may terminate or suspend this Agreement immediately if: (a) you breach any material term of this Agreement; (b) you fail to make payment; or (c) continued use poses a legal, security, or compliance risk.

Upon termination, your access to the Service will cease. Customer Data will be retained for a period of up to 60 days following termination, after which it will be permanently deleted. Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law shall survive termination.

AlphaLearn reserves the right to update or modify these Terms of Service and the Service itself at any time. Material changes will be communicated with reasonable prior notice. Continued use of the Service after the effective date constitutes acceptance of the updated terms.

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.

Before initiating legal proceedings, the parties agree to attempt to resolve disputes in good faith through written notice and negotiation for a period of at least 30 days.

This Agreement, together with any order forms, statements of work, and the Privacy Policy, constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements, proposals, and representations. In the event of a conflict, a signed order form or agreement takes precedence over these general Terms.