Terms of Service

The terms and conditions governing your use of the SoftLMS platform

Last Updated: 01/03/2024

These Terms of Service ("Terms") set forth the terms and conditions for using the SoftLMS educational platform and related services (the "Service") provided by SoftLMS Technology Company (the "Company", "we", or "us").

By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization or other entity, you represent and warrant that you have the legal authority to bind such entity to these Terms.

Please read these Terms carefully before using the Service. If you do not agree to any part of these Terms, you may not use the Service.

Definitions

For the purposes of these Terms, the following definitions apply:

  • "Agreement" - means these Terms of Service.
  • "Company" - means SoftLMS Technology Company, registered under the laws of the Arab Republic of Egypt.
  • "Service" - means the SoftLMS educational platform and all related services, including the website, applications, APIs, and other means through which the Company provides access to its platform.
  • "User" - means any person or entity that uses or accesses the Service.
  • "Content" - means any information, data, or materials created, uploaded, or shared through the Service.
  • "Subscription" - means the contractual arrangement between the User and the Company for access to and use of the Service for a specified period in exchange for specified fees.
  • "Account" - means the User's registration with the Service that allows access to the features and functionalities of the Service.

Account Terms

Account Registration

To access certain features of our Service, you may need to create an account. All information you provide during registration and other interactions with our Service must be accurate, complete, and current at all times. You must be at least 16 years old or the minimum legal age in your country to use our Service.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not share your account credentials with anyone else or use the credentials of any other user.

Account Security

You must notify us immediately of any unauthorized use of your account or any other breach of security. We are not responsible for any losses or damages resulting from your failure to comply with these security requirements.

Account Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason, without prior notice, including, but not limited to, violation of these Terms or conduct that harms the interests of our company or other users.

Service License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal purposes in accordance with these Terms and any other documentation or policies we may provide.

Service Restrictions

When using our Service, you must comply with all applicable laws and regulations. Additionally, you may not:

  • Use the Service for any unlawful or unauthorized purpose
  • Copy, modify, create derivative works, reverse engineer, or decompile the Service
  • Attempt to probe, scan, or test the vulnerability of the Service or bypass any security measures
  • Disrupt or interfere with the operation of the Service or the servers or networks connected to it
  • Post content that infringes on third-party intellectual property rights, violates privacy, or constitutes defamation or a threat
  • Collect users' information or data without explicit consent

Subscription and Billing

Subscription Plans

We offer different subscription plans for access to our Service. Details of each plan, including features, limitations, and fees, are available on our website or through our sales representatives.

Billing Cycles

Unless otherwise stated, subscriptions automatically renew for successive periods similar to the initial subscription period unless canceled before the end of the current period. You will be billed periodically according to your subscription plan.

Payment Methods

We accept various payment methods as specified in the purchase process. You authorize us to charge your registered payment method for subscription fees when due. You must keep your payment information up to date.

Price Changes

We reserve the right to change subscription fees at any time. We will provide notice of any price changes at least 30 days before they become effective. Your continued use of the Service after the price changes take effect constitutes your acceptance of these changes.

Refund Policy

Unless otherwise specified in specific subscription terms, payments are non-refundable. In certain cases, at our discretion, we may offer a partial or full refund.

Service Availability and Modifications

Service Uptime

We make reasonable efforts to maintain Service availability, but we do not guarantee that the Service will be available without interruption or error-free. Downtime, delays, and other performance failures may occur from time to time.

Service Maintenance

We may temporarily suspend the Service for scheduled or emergency maintenance. We will make reasonable efforts to notify you of any scheduled maintenance periods.

Service Modifications

We reserve the right to modify, update, or discontinue the Service or any part of it at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

User Content

Content Ownership

You retain all intellectual property rights in the content you create and upload to the Service ("User Content").

Content License

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, transferable, royalty-free license to use, copy, store, modify, display, distribute, and publish the User Content solely for the purpose of operating and improving the Service.

Content Restrictions

You are responsible for your User Content and represent that your content does not infringe on third-party intellectual property rights, does not violate any applicable laws or regulations, and does not contain illegal, harmful, or offensive content.

Content Removal

We reserve the right to remove or disable access to any User Content that violates these Terms or our policies, or is illegal or offensive, at our sole discretion and without prior notice.

Data Backups

We perform regular backups of system data and content on our platform as part of our disaster recovery procedures.

However, you bear the primary responsibility for backing up your User Content. We do not guarantee the recovery of any lost or damaged data under all circumstances.

Intellectual Property

The Service and all content, features, and functionality associated with it, including but not limited to all information, software, text, graphics, visual interfaces, trademarks, and logos, are the exclusive property of the Company or its licensors.

No part of the Service may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or sold without our prior written permission.

We take intellectual property rights violations seriously. If you believe that content on our Service infringes your intellectual property rights, please contact us using the provided contact information.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (1) your use of the Service; (2) your violation of these Terms; (3) your violation of any third-party rights, including intellectual property rights; or (4) your User Content.

Limitation of Liability

To the maximum extent permitted by law, the Company and its directors, officers, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, arising out of or related to your use of or inability to use the Service.

In no event will our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to access the Service during the twelve (12) months prior to any claim, or one hundred U.S. dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure, or that it will meet your requirements or that the information obtained through the Service will be accurate or reliable.

We do not control and do not guarantee third-party content available through the Service and are not responsible for any content or websites or services of third parties that may be accessed through links from our Service.

Term and Termination

Term

These Terms commence upon your first use of the Service and continue until your subscription is terminated or these Terms are terminated by us.

Termination by User

You may terminate your subscription at any time by following the cancellation instructions in your account or by contacting customer support. Termination will be effective at the end of your current billing cycle.

Termination by Company

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Effects of Termination

Upon termination of your account, you may lose access to all data and content associated with your account. We are not responsible for any loss or damage resulting from the termination of your account or access to the Service.

Dispute Resolution

These Terms are intended to govern the relationship between you and the Company. We encourage resolving any disputes in an amicable manner.

In the event of any dispute, you and the Company will first attempt to resolve the dispute in good faith through direct discussion and negotiation before resorting to formal legal proceedings.

Any legal action arising out of or relating to these Terms or the Service must be filed in the competent courts in Egypt, and you consent to personal jurisdiction and venue in those courts.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt, without regard to conflict of law principles.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. The modified Terms will be effective immediately upon posting to the site.

We will make reasonable efforts to notify you of any material changes, such as sending an email to the address associated with your account or placing a prominent notice on our platform. Your continued use of the Service after the posting of the modified Terms constitutes your acceptance of those changes.

Miscellaneous Provisions

Force Majeure

We will not be liable for any delay or failure in performance resulting from causes outside our reasonable control, including but not limited to acts of God, acts of civil or military authorities, fires, floods, earthquakes, riots, wars, terrorism, and disruption of communication services or utility services or power outages.

Severability

If any provision of these Terms is found to be illegal, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provision.

Waiver

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of any right or provision will be effective only if in writing and signed by our authorized representative.

Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Service, and supersede any prior or contemporaneous agreements, whether written or oral, relating to the subject matter of these Terms.

Contact Information

If you have any questions about these Terms, please contact us at:

SoftLMS Technology Company

Cairo, Arab Republic of Egypt

Email: legal@softlms.com

Phone: +20 2 XXXX XXXX

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. We appreciate your trust and look forward to providing an exceptional educational experience.