Terms of Service
By using the TalentLMS.com web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Terms of Service together with the Order Form, accessed and selected, by visiting the internet accessible learning management solution service, under the name TalentLMS, constitute the Agreement between Epignosis (“We”, “Supplier” or “TalentLMS”), and “You” (the “Customer”) ordering the “Services”. Epignosis means the Epignosis entity, which is a party to this Agreement, being Epignosis LLC, a US based company, having its registered office at 1209 Orange Street, City of Wilmington, Delaware, DE 19801 and mailing address 315 Montgomery Street (9th Floor) San Francisco, California CA 94104 USA or Epignosis UK Ltd, a UK based company, having its registered office at 1 Buckwell Road, Kingsbridge, South Hams, United Kingdom, TQ7 1NQ, as applicable. “Services” means Supplier’s hosted internet accessible learning management solution service, under the name TalentLMS, made available to You on a subscription term basis under the Agreement at a website address provided to You (“Portal”). An Authorized User means any Customer employee, contractor, agent or any other individual authorized by Customer to access and use the Services, via Customer’s purchased subscriptions, for the purpose specified herein. You are responsible for Authorized Users’ compliance with this Agreement.
TalentLMS reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at Terms of Service.
Violation of any of the terms below will result in the termination of your Account. While TalentLMS prohibits such conduct and Content on the Service, you understand and agree that TalentLMS cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. TalentLMS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service or upgrade/downgrade refunds. Regarding annual subscriptions, cancellation is allowed only within the first 3 months of the subscription with the respective refund being the paid amount pertaining to the residual unused months of the annual subscription, discounted by a cancellation fee of 10% to compensate for our payment providers' fees and administration overhead. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. TalentLMS does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.
- TalentLMS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.
Modifications to the Service and Prices
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
- TalentLMS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Content and Personal Data
- You own all content (including Personal Data) inputted by You and Authorized Users for the purpose of using the Services (“Content”) and You are solely responsible for the legality, reliability, integrity, accuracy and quality of the Content. TalentLMS may suspend or terminate use of Services and this Agreement immediately upon receipt of any notice, which alleges that You and/or Authorized User has used Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. You hereby acknowledge and agree that Our performance of this Agreement requires that We process, transmit and store Personal Data under your documented instructions and as further specified in the Data Processing Addendum (DPA), which forms an integral part to this Agreement.
- You hereby also acknowledge and agree that We process data related to Your employees or representatives that is collected and used by Us, as well as connection data created through the use and operation of the Services, in order to administer or manage Our delivery of Services, or Your account, for Our business purposes, following the technical and organizational security measures contained in Attachment 3 to the DPA. Such Data may include Personal Data and information about the contractual commitments between Us and You, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of Services, including billing and collecting of payments. You hereby acknowledge and agree that We also process Personal Data that We collect, when You submit a request for support services or other troubleshooting, including information about the Service, Your Portal and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files. We process such Personal Data in order to respond to the request and solve the problem eventually reported.
- We shall process the aforementioned Personal Data for Our own business purposes for as long as it is necessary in relation to the purposes stated above, namely for the duration of Agreement and until collection of the payments, unless processing is necessary for compliance with a legal obligation by mandatory statutory law or for the establishment, exercise or defense of legal claims.
- You hereby acknowledge and agree that We shall process Your name and email address to communicate with You for the presentation and promotion of the Services or of new services. You may at any time, free of charge, unsubscribe from such electronic communication, easily by clicking the button “unsubscribe” contained in the electronic communication.
- In case You use through Our Service any optional third-party service, such as YouTube, You explicitly agree to be bound by the respective Terms of Service (for YouTube). Regarding YouTube API Services in particular, Our Service does not share any Personally Identifiable Information with YouTube and does not store, access or collect (or allows third parties to do so) information directly or indirectly on or from users’ devices, including by placing, accessing or recognizing cookies or similar technology on users' devices or browsers.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- TalentLMS does not pre-screen Content, but TalentLMS and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes TalentLMS’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to TalentLMS or any third party
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that TalentLMS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with TalentLMS or any third party).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TalentLMS.
- You agree not to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from TalentLMS.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- We retain the right to contact you from time-to-time via email. You can remove yourself easily from the newsletter lists. You can also request to be removed from all communication emails by contacting our support from https://help.talentlms.com/hc/en-us or via our contact form at: Contact us.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TalentLMS customer, employee, member, or officer will result in immediate account termination.
- TalentLMS won’t allow: (a) Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data. (d) Deciphering any transmissions to or from the servers running the services. (e) Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not use meta-tags or any other “hidden text” including TalentLMS’s or our suppliers’ product names or trademarks.
- You must not access or search any part of TalentLMS by any means other than our publicly supported interfaces.
- TalentLMS does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- You expressly understand and agree that except of circumstances of gross negligence, willful misconduct, fraud, third party IP infringement and any liability which cannot be lawfully excluded or limited, TalentLMS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the service. Under no circumstances shall TalentLMS’ aggregate cumulative liability hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid by customer during past 12 months as of the incident date giving rise to any liability.
- The failure of TalentLMS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TalentLMS and govern your use of the Service, superseding any prior agreements between you and TalentLMS (including, but not limited to, any prior versions of the Terms of Service).
- TalentLMS (in its sole discretion) determines that a user has violated these Terms of Service.
- Questions about the Terms of Service should be sent to: help at talentlms dot com