The following are the terms and conditions for use of the “Trainably” platform described herein. This is a service provided by Trainably LLC hereafter be referred to as (“Trainably, “we”, “us”, "our", “Trainably”). Please read these terms carefully. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms of service (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
The purpose of this terms and conditions is to help ensure that all information provided by you will not be used for any other activity other than what you (visitor/customer/client) and we (Trainably) agree upon. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you the means to voice any questions or concerns you may have.
This document applies only to Trainably and not to other companies or organizations’ websites to which our website is linked.
Please note that we have a separate document for Privacy Policy which can be found here.
When you sign up for our services, you must be 18 years of age or older to be our client. Since we provide a platform, your own users may be under the age of 18 but not under the age of 13 under any circumstances.
We utilize a combination of free and paid third-party tools to integrate within Trainably platform along with our own custom code. If the terms and services of those third-party changes, we will have to make adjustments accordingly as well. We cannot guarantee the availability of those third-party tools as part of our platform and if needed, we will notify our clients about the changes.
Trainably operates secure data networks that are designed to protect your privacy and security. Our payment processor (Stripe) has its own Security and Privacy Issues document which can be found on their websites. We do not store any sensitive information such as Credit card numbers on our servers. Credit Card numbers are stored on our payment processor’s server which is PCI Compliant and has bank-grade encryption.
However, you are responsible for ensuring your website is secure and your passwords are protected at all times. Also, you are responsible to ensure that your password strength for your account is reasonably high and weaker passwords can be targeted by hackers which are not in our control.
Trainably performs daily backups of the client sites including both files and database. However, in the event of an extreme catastrophic event such as storms, earthquakes etc., we cannot guarantee a full retrieval of your accounts and are not liable for the loss of data. We will do our best to work with you to retrieve your data as much as possible in such events. In such cases, however, we will refund any fee charged during that month.
In case we go out of business or if we get sold to another entity, we will work with our clients to ensure that they can take their data to another platform. We will help them export their entire data in a compressed file format such as zip. The data may consist of details such as Users, Orders, Course materials, Learning Progress and others. We will however not perform any setup, configuration or maintenance on the new platform and it will be the client’s responsibility. We also cannot guarantee that all features and functionality that were working on our platform will work on the new platform as-is.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We only offer one trial per customer. We do not allow multiple trials for the same customer. Once you have exhausted your trial period, you must either become a paying customer or cancel your account. Once an account is canceled after trial, you cannot sign up for another free trial.
We offer a trial period during which you are not charged. The trial period can be 14 days or higher depending on the promotion we are running. Once the trial ends, your payment method will be charged automatically even though you can cancel anytime during the trial. Our team reaches out before the trial ends so you have proper notification of trial end date. After the trial period ends and your payment goes through, we do not offer any refunds.
If you have any complaints relating to online privacy issues on our websites, please notify Trainably by visiting our contact page. While Trainably accepts no liability for any material or links posted to the service, we will investigate all complaints.
Trainably customers pay only their monthly or annual suibscription fee to Trainably
If we are required by your business jurisdiction to collect taxes, we may charge you an additional sales tax on subscription fee.
If you need additional services from Trainably (for example more storage, more bandwidth etc.), you’ll need to sign up for one of our higher-level services or buy additional resources as add-ons. It’s best to upgrade services before you need to in order to avoid service disruption.
– Trainably reserves the right to terminate your membership immediately if use the platform to sell any items that are out of the scope of what we allow.
– Even if the content you create is related to learning and education, you cannot create products that teach any unlawful activity.
You may not Use Trainably Products or Services for any unlawful purpose. Without limiting the foregoing:
(a) Trainably Products or Services may not be Used to store, display, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.
(b) You may not Use Trainably Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan or any other country to which the United States has prohibited export. Each time you Use Trainably Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the Software, directly or indirectly, to the above-mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the Trainably Software, directly or indirectly, to persons on the above-mentioned lists; (v) You will neither use nor allow the Trainably Software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The Trainably Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Trainably Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
(c) If Metadata checking (i.e. contact form titles) reveals that an account has content relating to phishing, malicious files or software, software piracy or any copyrighted data with the intent to distribute (i.e. torrents)
– You will not create any products that are not courses, e-courses or at least related to learning and education.
– Trainably reserves the right to terminate your membership immediately if use the platform to sell any items that are out of the scope of what we allow.
– You will not violate any existing Trademarks or infringe on copyrights that do not belong to you. If Trainably receives a formal DMCA notice for content created by you that potentially violates a Trademark or copyright, your platform access may be suspended until further investigation.
These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the State of New Jersey, United States and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the New Jersey courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.
Trainably may change these Terms and Conditions from time to time. Such amended Terms and Conditions shall be effective upon publication on this Website. By accessing and using this Website you are accepting that you are bound by the current terms and conditions and disclaimer. Please check these Terms and Conditions regularly to ensure that you are aware of all terms governing your use of our platform.
