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.
2.2 SUBSCRIPTION SERVICES
KnowziesLMS is a subscription-based recurring service. A paid subscription plan consists of two components:
The customer may select one of the following billing frequency for a subscription plan:
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:
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.
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.
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.
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 firstname.lastname@example.org
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.
|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 email@example.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 firstname.lastname@example.org. 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 email@example.com .
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:
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.
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.
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.
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.
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: