Terms of Service

1. Introduction and Acceptance

Welcome to The Organization Learning Labs ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Learning Management System (LMS) platform, services, and website (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and The Organization Learning Labs, a partnership firm registered in Bangalore, Karnataka, India.

We reserve the right to modify these Terms at any time. Material changes will be notified through our platform or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Definitions

• "Service" refers to our LMS platform, including all features, functionalities, content, and services provided through our website and applications.
• "User" or "You" refers to any individual or entity that accesses or uses the Service.
• "Account" refers to your registered account on our platform.
• "Content" refers to all materials, including but not limited to courses, assessments, documents, videos, and other learning materials available on the platform.
• "User Content" refers to any content created, uploaded, or submitted by you to the platform.
• "Subscription" refers to your paid access plan to the Service.

3. Account Registration and Eligibility

3.1 Eligibility

To use our Service, you must:

• Be at least 18 years of age or have parental/guardian consent
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Maintain and update your account information as necessary
• Be authorized to represent your organization (for organizational accounts)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password and enabling two-factor authentication when available

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason we deem necessary to protect the Service and other users.

4. Use of Service

4.1 Permitted Use

You may use the Service for lawful business and educational purposes in accordance with these Terms. You agree to:

• Use the Service only for its intended purpose as a learning management system
• Comply with all applicable laws and regulations
• Respect intellectual property rights of others
• Maintain the security and integrity of the Service
• Use the Service in a manner that does not interfere with other users' access

4.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to the Service or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Upload malicious code, viruses, or harmful software
• Impersonate any person or entity or misrepresent your affiliation
• Harass, abuse, or harm other users
• Share your account credentials with unauthorized parties
• Use the Service to transmit spam, unsolicited messages, or promotional materials
• Interfere with or disrupt the Service or servers connected to the Service
• Collect or harvest information about other users without their consent
• Use the Service for any illegal or unauthorized purpose

5. Content and Intellectual Property

5.1 Our Content

All content provided on the Service, including but not limited to text, graphics, logos, software, and learning materials, is the property of The Organization Learning Labs or its licensors and is protected by Indian copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service and content for your internal business or educational purposes only. This license does not include the right to:

• Resell, redistribute, or sublicense the Service or content
• Modify, adapt, or create derivative works from our content
• Remove copyright, trademark, or other proprietary notices
• Use our content for commercial purposes outside the scope of your subscription

5.2 User Content

You retain ownership of content you create, upload, or submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, store, and display your User Content on the Service
• Modify and adapt your User Content as necessary to provide the Service
• Share your User Content with other users as part of the Service functionality

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third-party rights or applicable laws
• Your User Content is not defamatory, obscene, or harmful
• You have obtained all necessary consents and permissions for User Content

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, without prior notice. We are not obligated to monitor User Content but may do so at our discretion.

6. Subscriptions and Payments

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Subscription details, including features, limitations, and pricing, are available on our website and may be updated from time to time.

6.2 Payment Terms

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your subscription in advance or as per the billing cycle
• Provide accurate payment information
• Authorize us to charge your payment method for subscription fees
• Pay applicable taxes (GST and other taxes as per Indian law)
• Understand that all fees are non-refundable except as required by law or as specified in our refund policy

6.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription fee. We will notify you of any price changes in advance.

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. Refunds are provided only as required by Indian consumer protection laws or as specified in our refund policy.

6.5 Free Trial

We may offer free trial periods. Free trials are subject to these Terms and may be limited in features or duration. We reserve the right to modify or discontinue free trials at any time.

7. Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical issues or system failures
• Force majeure events
• Third-party service disruptions

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any loss or damage resulting from such modifications or discontinuation.

8. Warranties and Disclaimers

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

8.2 No Guarantees

We do not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Defects in the Service will be corrected
• Learning outcomes or competency development will be achieved

8.3 Third-Party Content

We are not responsible for the accuracy, completeness, or quality of third-party content available through the Service. Your use of such content is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:

• IN NO EVENT SHALL THE ORGANIZATION LEARNING LABS, ITS PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable Indian law.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Organization Learning Labs, its partners, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any activity conducted through your account

11. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your personal information in accordance with:

• The Information Technology Act, 2000
• The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
• The Digital Personal Data Protection Act, 2023
• Our Privacy Policy

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

12. Termination

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription and requesting account deletion through your account settings or by contacting us.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms
• You fail to pay subscription fees
• You engage in fraudulent or illegal activity
• We are required to do so by law
• We discontinue the Service

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and User Content (subject to our data retention policy)
• You will not be entitled to any refund of fees paid
• Provisions that by their nature should survive termination will remain in effect

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

13.2 Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service:

1. Good Faith Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation for a period of 30 days.
2. Mediation: If negotiation fails, the parties agree to attempt mediation through a mutually agreed mediator in Bangalore, Karnataka.
3. Arbitration: If mediation fails, disputes shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 2015 of India. The arbitration shall be conducted in Bangalore, Karnataka, in the English language.
4. Court Proceedings: Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from courts of competent jurisdiction in Bangalore, Karnataka.

14. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, internet failures, or third-party service disruptions.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Organization Learning Labs regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may provide notices to you through the Service, email, or other means. Notices will be deemed received when delivered or when posted on our platform.

15.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and The Organization Learning Labs.