Terms & Conditions

License to use Litmos.

Litmos hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Litmos and its licensors. You may not access the Service if you are a direct competitor of Litmos, unless you have the prior written consent of the Directors of Litmos. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for competitive purposes. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way. You may not modify or make derivative works based upon the Service or the Content or create Internet links to the Service, copy any ideas, features, functions or graphics of the Service.

Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, national and international laws. You are required to immediately notify Litmos. of any unauthorized use of any password or account or if you become aware of any other breach of any of the terms of this Agreement . You are responsible for the quality, accuracy and integrity of any data and other information that you submit to Litmos in the course of using the services. Your Data You are responsible for the quality, accuracy and integrity of any data and other information that you submit to Litmos in the course of using the services. Litmos will not be responsible for any corrections, deletions, or damage to your data. Litmos will make available back-up files of your data on frequencies and subject to fees agreed from time to time. In the event that you terminate this Agreement Litmos will make available a file of your data and your right to access your data on Litmos will ceases immediately.

Intellectual Property

Litmos shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Litmos systems, technology and processes.

Billing and Payment

Litmos bills for its services in advance using Paypal. You are required to supply Litmos with your complete, accurate and up-to-date billing details including your business name, and accounts payable contact details. You are required to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time. Litmos reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

Termination for Cause

Any breach of your payment obligations or unauthorized use of the Litmos Technology or Service will be deemed a material breach of this Agreement. Litmos, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Litmos may terminate a free account at any time in its sole discretion. You agree and acknowledge that Litmos may delete your data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Litmos represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the Litmos documentation.You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Indemnity

You shall indemnify and hold Litmos, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any claim provided in any such case that Litmos gives you written notice of the claim promptly to you and provides to you with all available information and assistance to settle such claim. Litmos shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with claims alleging that the Service directly infringes a copyright, trademark of a third party or claims arising from breach of this Agreement by Litmos; provided that you promptly give written notice of the claim and you provide Litmos with all available information and assistance to settle such claim.

Disclaimer of Warranties

Litmos make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Litmos do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and all content is provided to you strictly on an "as is" basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Limitation of Liability

Any claim on Litmos will be limited to a maximum of 12 months fees billed to you.

Notices

Litmos by may give notice by general email distribution or via notification at the Litmos login on its website.

Modification to Terms

Litmos reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service.