Terms of Service

 

Self Service-1

Overview

LEARNERS AI, LLC (“The Company”, “we,” “us”, “our”), registered under the laws of Wyoming, USA provides access to the learners.ai website, currently located at https://www.learners.ai/ (the “Site”) provides a SaaS-based solution that manages the sales, marketing, and service functions of businesses (“Services”). These terms of service (“Terms”) govern your access and use (as a registered user or otherwise) of the Site and Services. By accessing or using the Site and/or Services, you accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Site or Services.

 

SCOPE OF TERMS

  1. These Terms apply to all users of the Site or the Services, (referred to collectively as “Users”, “you”, or “your”).
  2. The Company reserves the right, in its sole discretion and without notice to you, to revise the Services, available on the Site and to change, suspend or discontinue any aspect of the Site or the Services and The Company will not be liable to you or any third party for doing so. The Company may also impose rules for and limits on the use of the Site and Services or restrict your access to part, or all, of the Site or Services without notice or penalty. Your continued use of the Site and Services will constitute your acceptance of any such changes
  3. Subject to the Terms, the Company grants you a limited, non-exclusive, non-transferable personal license to access and use the Site and Services.
  4. Supplemental terms and conditions may apply to the Site, and, are in addition to and shall be deemed a part of the Terms for the purposes of the Services. Supplemental terms shall prevail over these Terms in the event of a conflict
  5. The Company may amend the Terms related to the Service from time to time and will be effective upon the posting of the amended Terms on the Site. Your continued access to and use of the Site and Services constitutes your acceptance to be bound by the Terms, as amended.

 

REGISTRATION AND ACCOUNTS

  1. In order to use certain features of the Site, you may be required to register for an account (“Account”) with us and provide certain information and documentation about yourself as prompted by the Site registration form, which information may include your full name, email address, date of birth or any other personal information we may require from you to provide the Services.
  2. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
  3. If you are opening an account on behalf of a company, corporation, or any other organization you expressly warrant that you are duly authorized to open the Account.
  4. There is no guarantee that upon application you will be granted an account and the Company reserves the right to refuse an application for an account for any reason whatsoever. The Company further reserves the right to terminate your account for any reason whatsoever with or without notice.

 

PAYMENT

  1. Payment Methods: The Company will bill your credit/debit card, o any other payment methods which may be offered from time to time including , such as gift cards, PayPal, Stripe, Apple Pay, and/or Google Pay, Venmo for subscriptions and in/app purchases as the case may be. The fee for the Services purchased, such as taxes and possible transaction fees, will be charged to your payment method on the date of purchase. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Account, we may suspend your access to the Services until the billing method can be successfully charged
  2. The terms of payment may be subject to additional terms and conditions which are dependent on the Services purchased, or may be subject to terms and conditions imposed by the payment provider, and, by making a payment through the Site you expressly agree to be bound by the terms and conditions imposed by the third-party providers, a list of which can be found on our privacy policy.

 

APPLICABLE PRIVACY LAW

  1. The following data privacy laws may be applicable to these Terms depending on the country in which you are accessing the Site and Services, which at present only includes the
    1. California Consumer Privacy Act;
    2. California Online Privacy Protection Act;
    3. European Union General Data Protection Regulation;
    4. South Africa’s Protection of Personal Information Act; and
    5. Brazil’s Lei Geral de Proteção de Dados;
    6. Iceland’s Data Protection Act of 2000;
    7. Canada’s Personal Information Protection and Electronic Documents Act;
    8. Argentina’s National Directorate of Personal Data Protection;
    9. Germany’s Bundesdatenschutzgesetz;
    10. China’s Cyber Security Law;
    11. Australia’s Privacy Act 1988;
    12. Philippine’s Data Privacy Act of 2012.
  2. The Company makes every reasonable effort to comply with US and international data privacy laws and regulations and the Company’s privacy policy can be found here. Due to the extent and increasing number of data privacy laws the Company has ensured compliance with the laws which directly affect the majority of its customers and those laws required under the jurisdiction in which the Company is incorporated, accordingly, to the extent legally permissible the User indemnifies and holds harmless the Company for any unintentional failure to comply with any data privacy law now or in the future.
  3. Collecting and utilizing personal data is conducted in order to help the Company provide security to its Users
  4. The submission of personal information may be necessary to transact on the Site or access the Services or your User Account, or, to request and receive technical assistance.

 

ACCEPTABLE USE POLICY

  1. Users shall not under any circumstances:-
    1. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site;
    2. grant or sell access to a third party to access your Account, or impersonate or act as another User
    3. European Union General Data Protection Regulation;
    4. contravene any laws in the use of the Site
    5. link to, mirror, or frame the Site or any portion thereof;
    6. remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Site;
    7. Canada’s Personal Information Protection and Electronic Documents Act;
    8. Argentina’s National Directorate of Personal Data Protection;
    9. use the Site in a way that infringes any third party’s intellectual property rights; and
    10. use any robot, spider, site search/retrieval website, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  2. Failure to comply with this acceptable use policy constitutes a material breach of the Terms and may result in the immediate suspension or withdrawal of your access to the Site and/or legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to reasonable administrative and legal costs) resulting from the breach.

 

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Owned by The Company

    1. We are the owner of the name LEARNERS.AI”, or authorized licensee of the intellectual property rights in the Site and the content published on the Site. The Company’s intellectual property rights include, but are not limited to all trademarks, copyrights, moral rights, rights of publicity, patent rights, trade dress, and service mark rights, goodwill, trade secret rights. The Company’s intellectual property rights in and to the content made reference to herein remains with us at all time, and, shall not transfer to any third party without a written agreement.
    2. All rights in and to the Site and Services not expressly granted herein are reserved, accordingly, you may not copy, distribute, publicly display or create derivative works from any copyrighted works made available or accessible via the Site or the Services.
    3. The Company grants you a limited, personal, non-transferable, non-exclusive, worldwide, royalty-free license to access and use the Site.

Intellectual Property Owned by The Company

    1. The Company respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your Intellectual Property Rights

    1. You are solely responsible for the content published on the Site or made available to the public through the Services, and, therefore you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content.
    2. You represent and warrant to us that the information you provide to us or any other user is accurate and that you are the lawful owner of the content or have the right to publish the content on the Site. You may not display any personally identifiable information or banking information whether in relation to you or any other person and doing so may place you at risk.
    3. By creating an account you grant to the Company a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your content, including any information you authorize us to access from third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. The Company’s license to your content shall be non-exclusive, except that the Company’s license shall be exclusive with respect to derivative works created through the use of our Services.

Digital Millennium Copyright Act, 1998

  1. We comply and act as required in terms of the Digital Millennium Copyright Act (“DMCA”), to valid and compliant DMCA notices. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate an Account if the User is determined to be a repeat infringer. To report a copyright violation, our copyright agent can be reached at the following email address: support@learners.ai.

FORCE MAJEURE

The Company will not be held liable for any loss, or damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any event that is beyond the reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.

 

DISCLAIMER

SERVICES OBTAINED THROUGH THE SITE ARE PURCHASED AND SUPPLIED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITE OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

WARRANTY

The Company makes no express or implied warranties of merchantability or that the Services on the Site are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the Site and Services, including any warranty arising from the course of dealing, course of performance, or usage of trade.

 

INDEMNITY

You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Site; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.

 

GOVERNING LAW AND DISPUTE RESOLUTION

BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of Canada. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Site or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of Canada, without resort to any conflict of law provisions.

 

Other Provisions

  1. Notice

    The Company may give notice by means of a general notice on the Site, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.

  2. General
    1. You may not assign or transfer these Terms in whole or in part without The Company’s prior written approval. You give your approval to The Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of The Company’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, The Company, or any third party provider as a result of the contract between you and The Company or use of the Site
    2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”