Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using AgentIQ LMS ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

AgentIQ LMS provides an AI-powered learning management system that enables educational institutions, corporate training departments, and individual educators to create, deliver, and manage educational content. Our services include:

  • Course creation and content management tools
  • AI-powered learning recommendations and analytics
  • Student progress tracking and assessment tools
  • Communication and collaboration features
  • Integration with third-party educational tools
  • Data analytics and reporting capabilities

3. Account Registration and Eligibility

Account Creation

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding the password and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Eligibility

You must be at least 13 years of age to use this Service. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Upload or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Upload or distribute any content that infringes on intellectual property rights
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks
  • Use the Service for any commercial purpose without our prior written consent
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use automated scripts or bots to access the Service
  • Share account credentials with multiple users

5. Payment Terms and Billing

Subscription Fees

Some features of the Service require payment of subscription fees. You will be billed in advance on a recurring basis (monthly or annually, depending on your chosen plan).

Payment Methods

Payment must be made by credit card, debit card, or other approved payment methods. You authorize us to charge your payment method for all fees payable during your subscription.

Refunds

We offer a 30-day money-back guarantee for new subscribers. Refunds for partial months or years are not provided except as required by law.

Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect your current billing cycle.

6. Intellectual Property Rights

Our Rights

The Service and its original content, features, and functionality are owned by AgentIQ LMS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any content you upload, create, or share through the Service. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content solely for the purpose of providing the Service.

Third-Party Content

The Service may contain content provided by third parties. You are responsible for ensuring you have the right to use any third-party content you incorporate into your courses.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

We use third-party AI services (OpenAI and Anthropic Claude) for certain features. Please review our AI Services disclosure for information about how these services process data.

8. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account closure feature in your account settings.

Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or for any other reason we deem necessary.

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will retain your data for 30 days after termination, after which it will be permanently deleted unless required by law to retain it longer.

9. Disclaimers and Limitation of Liability

Service Availability

We strive to maintain high availability but do not guarantee that the Service will be available 100% of the time. The Service is provided "as is" and "as available" without warranties of any kind.

Limitation of Liability

To the maximum extent permitted by law, AgentIQ LMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Maximum Liability

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless AgentIQ LMS and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the Service or violation of these Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which AgentIQ LMS is incorporated, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration, except that you may assert claims in small claims court if your claims qualify.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the new Terms.

13. Contact Information

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

Email: legal@agentiqlms.com

Address: AgentIQ LMS Legal Department

123 Education Street, Learning City, LC 12345

Phone: +1 (555) 123-4567