PortfolioMenu
KNOWZIES TERMS OF USE OF AGREEMENT

By using the KnowziesLMS ("Software Service"), (“the Customer”) 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 KnowziesLMS, constitute the Agreement between Knowzies Technology Solutions Pvt. Ltd. (“We”, “Supplier” or “KnowziesLMS”), and “You” (the “Customer”) ordering the “Software Service”. Knowzies Technology Solutions Pvt. Ltd. means the entity, which is a party to this Agreement. “Software Services” means Supplier’s hosted internet accessible learning management solution service, under the name KnowziesLMS, 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. KnowziesLMS 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. Violation of any of the terms below will result in the termination of your Account. While KnowziesLMS prohibits such conduct and Content on the Service, you understand and agree that KnowziesLMS 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.

1. Account Terms

1.1 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

1.2 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and access the Software service.

1.3 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.

1.4 You are responsible for maintaining the security of your account and password. KnowziesLMS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

1.5 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).

1.6 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).

2.0 FEES & PLANS, PAYMENTS & REFUNDS FOR SUBSCRIPTION SERVICES

2.1 INTRODUCTION
KnowziesLMS is one of the leading SaaS Learning Management System and is a proprietary SaaS subscription service of Knowzies Technology Solutions (Knowzies). Customers can begin their subscription plan with free of cost beginner plan without requiring to enter the details of credit card (create a hyperlink on plan to navigate to Pricing page on the website) for first 25 Active Users. However, customers are required to a pay a prorated subscription fee whenever they cross the limit of 25 Active users and move on to the paid plans. The fee is determined by the monthly base fees of plan being selected and number of days remaining in the current calendar month.
Before making the payment, customer will be able to review and accept the fees that they will be charged. From the immediate next calendar month onwards, charges as per the plan and payment cycle will apply.
For customers outside India, all fees will be in U.S. Dollars ($).For customers based out of India, all fees will be in Indian Rupee (₹).This fee will be exclusive of all federal, state, municipal, or other government excise, sales, use, value added or other taxes now in force or enacted in the future, and customer shall pay any such tax that Knowzies may be required to collect or pay now or at any time in the future with respect to such fees.
Knowzies reserves the right to determine pricing for its subscription plans and addons. Knowzies may change the pricing of its subscription plans or addons by giving you an advance notice of the changes before they apply. Knowzies will make reasonable efforts to ensure that up to date pricing information is available on the website www.knowzies.com/knowzies-lms.

2.2 SUBSCRIPTION SERVICES
KnowziesLMS is a subscription-based recurring service. A paid subscription plan consists of two components:

  • Base fees to be paid as per the billing frequency.
  • Additional usage fees to be paid every month for any extra active users in that month and additional portals, above the number of active users and portals allowed as per the subscription plan.

The customer may select one of the following billing frequency for a subscription plan:

  • A monthly subscription plan (“Monthly plan”), to be paid in advance. The subscription period shall be one month (between the first day to the last day of the respective calendar month) and shall automatically renew unless the Customer terminates in accordance with these Terms prior to the renewal date (first day of the following calendar month). If the termination is done after the renewal date, the service will be available till the end of the current calendar month. There will be no refunds provided by Knowzies.
  • An annual subscription plan (“Annual plan”), to be paid in advance. The subscription period will be one year and will automatically renew each year unless the Customer cancels its plan prior to the renewal date. The Customer is not entitled to cancel or downgrade the Service until the anniversary of an Annual Subscription. If the termination is done during the subscription period, the service will be available till the end of the subscription period and there will be no refunds provided by Knowzies.

A Customer subscribing to a Monthly plan can switch to the Annual plan at any time. The change will be made effective from the next billing cycle. A customer subscribing to an Annual plan will not be able to change to the Monthly plan until the end of the one-year term of the Annual plan.

2.2.1 UPGRADE SUBSCRIPTION

A Customer on paid plan can upgrade their subscription plan any time during the subscription period. This can be done by paying a pro rata upgrade fees which is determined by the number of days remaining in the subscription period. The customer is charged as per the upgraded plan from the next subscription period.

2.2.2 DOWNGRADE SUBSCRIPTION

A Customer on paid plan can downgrade their subscription plan any time during the subscription period. However, the downgrade is made effective only from the next subscription period.

2.2.3 TERMINATE SUBSCRIPTION
Termination of subscription service can happen in the following two ways:

  • Customer can terminate the subscription by self. The termination is made effective on the last day of the current subscription period for customers who are on a paid plan whereas it is made effective immediately for customers who are on free plan.
  • Automatic termination in case of failure of payment. System will make 3 attempts for payment to renew the subscription as per the following schedule:
    o Midnight of the last day of the current subscription period
    o 24 hours after the 1st failed attempt
    o 24 hours after the 2nd failed attempt

If the payment is not received even after the 3rd attempt, system will terminate the subscription. Customer is liable to pay Knowzies any dues accrued for the service post termination of the subscription.


LMS Admin will be able to access their KnowziesLMS portal up to the “grace period” allowed beyond the date of termination. No other users will be able to access the portal immediately post the termination.


2.2.4 RESTORE SUBSCRIPTION


For a customer on a paid plan, if the termination was done by self, the LMS Admin will be able to restore it manually before the end of the current subscription period.

For a customer on a free plan, if the termination was done by self, the LMS Admin will be able to restore it manually before completion of the grace period.

Any free subscription which is inactive for 2 consecutive months will be deactivated automatically without any consent from the customer.

2.3 AUTHORIZATION

You authorize Knowzies or Stripe (a third-party payment processor) to charge all sums for the subscription Services you select as described in this Agreement or published by Knowzies, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Stripe may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You will be able to update your credit card details in the portal.

2.4 DELINQUENT ACCOUNTS

Knowzies, in its sole discretion, has the right to suspend or terminate your subscription Service 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 and/or (d) an amount is due but is unpaid. 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. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

3. Content and Personal Data

3.1 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. KnowziesLMS 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 forms an integral part to this Agreement.

3.2 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. 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 to respond to the request and solve the problem eventually reported.

3.3 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 defence of legal claims.

3.4 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.

4 Copyright and Content Ownership

4.1 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

4.2 KnowziesLMS does not pre-screen Content, but KnowziesLMS 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.

4.3 Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that:

4.3.1 Infringes KnowziesLMS’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.

4.3.2 You don’t have the right to submit.

4.3.3 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 Centre for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate.

4.3.4 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 KnowziesLMS or any third party.

4.3.5 The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from KnowziesLMS.

5 General Conditions

5.1 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

5.2 Technical support is only provided via email.

5.3 You understand that KnowziesLMS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

5.4 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.

5.5 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 KnowziesLMS or any third party).

5.6 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 KnowziesLMS.

5.7 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 KnowziesLMS.

5.8 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.

5.9 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 at privacy@knowzieslms.com

5.10 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KnowziesLMS customer, employee, member, or officer will result in immediate account termination.

5.11 KnowziesLMS will not 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.).

5.12 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

5.13 You must not transmit any worms or viruses or any code of a destructive nature.

5.14 You must not use meta-tags or any other “hidden text” including KnowziesLMS’s or our suppliers’ product names or trademarks.

5.15 You must not access or search any part of KnowziesLMS by any means other than our publicly supported interfaces.

5.16 KnowziesLMS 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.

5.17 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, KnowziesLMS 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 KnowziesLMS’ 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.

5.18 The failure of KnowziesLMS 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 KnowziesLMS and govern your use of the Service, superseding any prior agreements between you and KnowziesLMS (including, but not limited to, any prior versions of the Terms of Service).

5.19 KnowziesLMS (in its sole discretion) determines that a user has violated these Terms of Service.

5.20 This Agreement constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. This Agreement may not be amended except by the written agreement signed by authorized representatives of both parties. This Agreement shall be governed by and construed in accordance with the governing laws of the Republic of India.

ANNEXURE-A

KNOWZIES LMS Service Description; Helpdesk Services; Security
  1. SERVICE DESCRIPTION
The Knowzies LMS (Learning Management System) is software developed by Knowzies Technology Solutions Pvt. Ltd (Knowzies). The LMS works on latest version of Google Chrome, Mozilla Firefox, Microsoft Edge, and Safari. In the event the Company cannot meet the technical requirements listed, Knowzies will be under no obligation to provide the support services described in this schedule.
  1. HELPDESK SERVICES
Knowzies LMS support is for named Admin users via email. Knowzies shall provide to Company the Helpdesk Services and the details are set forth below:
Service Level (SLA) Serious Incident Standard Incident
  “Serious Incident” means a serious problem on production environments that involves all users. Severe degradation of performance that involves all users. “Standard Incident” means bugs that do not impact all users or requests for clarification.
First Response Within 6 hours Within 12 hours
Resolution Within 2 business day Within 6 business days

Helpdesk standard process description

It is possible to contact the helpdesk 24/7 using the helpdesk/support email address support@knowzieslms.com. However, the standard business hours for providing response shall be between 10:00 to 19:00 IST time on all working days i.e. Monday to Friday.

Knowzies LMS support team makes use of ‘Freshdesk’ application for managing support queries. Whenever a customer faces any issue or has a query, they can write an email to support@knowzieslms.com. Any email written to this email address will create a support ticket on ‘Freshdesk’ application with the status as ‘Open’ and priority as ‘Low’.

A member of the Knowzies LMS Support team will respond to the query by either providing a resolution to the problem (‘Resolved’) or answer to the query or many ask for more information from the customer (‘Waiting on Customer’). The priority can also be changed to ‘Medium’, ‘High’ or ‘Urgent’. Once the customer is satisfied with the response/resolution, the support team member will mark the ticket as ‘Closed’.

The above SLAs apply only to live instances and only to tickets submitted on Knowzies LMS support email address support@knowzieslms.com .

 3.TICKETING REQUIREMENTS

To receive these support services and for Knowzies to maintain the Service Level agreed, Company shall reasonably cooperate with Knowzies to resolve support incidents. Company shall have adequate technical expertise and knowledge of their configuration of Knowzies Services to provide relevant information to enable Knowzies to reproduce, troubleshoot, and resolve the incident or issue identified by Company. The following information should always be provided as a minimum by Company, whenever possible, to ensure Knowzies’s ability to address Support Requests. Tickets lacking this information will not be considered as part of the Service Level reports:

  1. Detailed description of the issue, with as much detail as can be provided of the problem in a clear step by step format
  2. The URL of the platform where the issue is occurring
  3. The error message provided, and exact steps to reproduce the error
  4. The user(s) that are affected by the issue
  5. The applicable screenshot or video capture

 

Company’s General Responsibilities

Company will be responsible for: (a) reporting errors promptly; (b) providing sufficient information for Knowzies to duplicate the error, assess the situation, and undertake any needed or appropriate corrective action; (c) otherwise following instructions or suggestions from Knowzies regarding use, maintenance, upgrades, repairs, workarounds, or other related matters; and (d) designating two (2) members of its staff to serve as Company’s system administrators to contact Knowzies with support issues. Knowzies’ successful response and provision of Helpdesk Services is subject to Company’s assistance and compliance, including (i) at Knowzies’ reasonable request, Company will provide Knowzies with reasonable access to Company’s personnel and equipment during normal business hours to discuss and assess any problems or requests for assistance; and (ii) Company will document and promptly report to Knowzies all errors or malfunctions of the Software Services. It is Company’s responsibility to carry out procedures necessary at Company's facilities for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from Knowzies.

Reproducing Errors

Knowzies must be able to reproduce errors to resolve them. Customer agrees to cooperate and work closely with Knowzies to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and appropriate. Also, subject to customer’s approval on a case-by-case basis, Users may be asked to provide remote access to their instance account and/or desktop for troubleshooting purposes.

Exclusions

Issues that arise in the following categories are outside of the scope of support offered above, and will have no Service Level Agreement attached: Custom Cascading Stylesheets (CSS), support to third party authoring tools, support to third party system or platform integration, where the integration is not developed or managed by Knowzies, supporting in troubleshooting of eLearning content packages built with third party authoring tools, custom built authentication methods between Knowzies and Company where such method is built from the customer and not maintained by Knowzies.

Additional Charges

If a reported problem (or if Company otherwise requests assistance) is outside the scope of Helpdesk Services, Knowzies will notify Company to that effect and reserves the right, upon Company’s confirmation to move forward, to charge Company at Knowzies’ then-current standard hourly rates for all associated work, for which Company agrees to pay Knowzies promptly upon receiving an invoice; provided, however, that Knowzies shall inform Company in advance of the possible incurrence of such fees and Company shall have pre-approved the same.

4.UPTIME AVAILABILITY

If Knowzies fails to achieve the Availability Percentage for two (2) consecutive calendar months, then, as the Company's sole remedy for such failure, the Company will be granted Service Credits. Service Credits are calculated as a percentage of the total charges paid by the Company to Knowzies in the Region affected by Unavailability in accordance with the schedule below. In the event that the Company elects to terminate this Agreement for failure to achieve the Availability Percentage for six (6) consecutive calendar months within the notice period given below, then no refunds shall be issued with respect to such affected months.

Monthly Uptime Percentage                                                                Service Credit Percentage

Less than 99.9% but equal to or greater than 99.0%                                             10%

Less than 99.0%                                                                                                             30%

Knowzies will apply Service Credits only against future payments due from the Company. Service Credits will not entitle Company to a refund or other payment from Knowzies. To receive a Service Credit, the Customer must submit a claim by within 30 days after the reported issue via a support claim ticket and email to designated Customer Success team reporting ticket number.  If the Monthly Uptime Percentage of such request is confirmed by Knowzies and is less than the Service Commitment, then Knowzies will issue the Service Credit to Customer within one billing cycle following the month in which your request is confirmed by Knowzies. Customer's failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.

All Terms of understood and agreed by the duly authorized representatives of the parties:

Knowzies is one of the leading eLearning development companies in the US. Let’s trigger a mind-blowing digital transformation in your organization!
© 2021
 All Rights Reserved
Privacy PolicySitemap
envelopecrossarrow-up linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram