Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ASHARIZON INC., doing business as LMSMore ("LMSMore," "we," "us," or "our"), governing your access to and use of the LMSMore platform, including our website, applications, APIs, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

If you do not agree with these Terms, you must not access or use the Service.

LMSMore is a learning management system designed to integrate seamlessly with Contentful CMS. Our platform enables organizations to:

• Manage and deliver learning content through their existing Contentful workspace
• Track learner progress, completions, and performance analytics
• Configure multi-tenant environments for different audiences or organizations
• Access learning data through our APIs and webhooks
• Integrate with third-party authentication providers and business systems

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that may affect your use of the Service.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

If you are an administrator for your organization's LMSMore tenant, you are responsible for managing user access, permissions, and ensuring that all users under your tenant comply with these Terms.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or harmful activities.

LMSMore offers various subscription tiers, including Starter, Professional, and Enterprise plans. The features, limitations, and pricing for each tier are described on our pricing page and may be updated from time to time.

Billing: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are non-refundable except as expressly set forth in these Terms or required by applicable law.

Free Trials: We may offer free trial periods for certain subscription tiers. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

Price Changes: We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of your next billing cycle, and we will provide at least 30 days' notice of any price increase.

Refunds: Annual subscriptions may be eligible for a prorated refund if canceled within the first 30 days. Monthly subscriptions are not eligible for refunds. Enterprise agreements may have separate refund terms as specified in your contract.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Use the Service to distribute malware, viruses, or other malicious code
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service to send unsolicited communications (spam)
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use automated tools to scrape, crawl, or extract data from the Service without our written permission
• Resell, sublicense, or otherwise make the Service available to third parties without authorization
• Use the Service in any way that violates applicable laws or regulations

Learning content you create and distribute through the Service must comply with applicable intellectual property laws and not infringe on the rights of others.

Our Intellectual Property: The Service, including all software, designs, text, graphics, logos, and other content provided by LMSMore, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

Your Content: You retain ownership of all content you upload, create, or transmit through the Service ("User Content"), including learning materials, assessments, and media. By using the Service, you grant us a limited, non-exclusive, royalty-free license to host, store, process, and display your User Content solely for the purpose of providing the Service to you.

Contentful Content: Content synchronized from your Contentful workspace remains your property and is subject to your agreement with Contentful. We do not claim ownership of content sourced from Contentful.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

The Service integrates with and may require connections to third-party services, including:

• Contentful: Your use of Contentful is governed by Contentful's terms of service and privacy policy
• Authentication Providers: SSO integrations with providers like Okta, Azure AD, or Google are subject to those providers' terms
• Payment Processors: Payment information is processed by third-party payment providers

We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk and subject to those services' respective terms and policies.

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

As a learning management system, we process learner data on your behalf, including progress tracking, assessment results, and completion records. You are responsible for ensuring that you have obtained appropriate consents from your learners for such data processing and that your use of learner data complies with applicable privacy laws.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL LMSMORE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless LMSMore and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights

By You: You may terminate your account at any time by contacting us or using the account settings in the Service. Upon termination, your right to use the Service will immediately cease.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include violations of these Terms, non-payment, or if we discontinue the Service.

Effect of Termination: Upon termination, your license to use the Service terminates. We will retain your data for a period of 30 days following termination, during which you may request an export of your data. After this period, we may delete your data in accordance with our data retention policies.

Survival: Sections relating to intellectual property, limitation of liability, indemnification, and governing law shall survive termination of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wilmington, Delaware, and the decision of the arbitrator shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

If you have any questions about these Terms or the Service, please contact us: