Trainual, Inc. (“Trainual”) is committed to protect the privacy of our customers. This privacy policy applies to trainual.com and trainualapp.com, both owned and operated by Trainual. This privacy policy describes how Trainual collects and uses the personal information you provide on our website and our service Trainual.
When you register with Trainual, information is needed such as your name, company name, email address. A billing address and credit card information is also required if you have chosen a paid account.
Trainual uses collected information for purposes such as processing and fulfilling your order, billing, service improvement, ad measurement, research, and other general purposes.
Trainual will not make collected information available to any other parties. We will share your personal information with third parties only in the ways that are described in this privacy policy. We will not sell, rent, exchange or share your personal information with any third-parties without permission.
Trainual will share the collected information in order to respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, violations of Trainual’s terms of service, or as otherwise required by law. If Trainual is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, please contact us.
Trainual will send a welcome email, and email account holders for billing purposes, and at times will send Trainual service-related announcements. You cannot opt out of service related emails as this is part of your service. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us.
If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove or deactivate it by making the change on our member information page, by telephone or electronic mail at the contact information listed below. We will respond to your request within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please be aware that withdrawing your consent to retain your information may prevent us from providing you with requested services.
Trainual uses a technology called “cookies” to store session information. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use Session Cookies to track your Login status. This cookie is only ever transmitted over HTTPS. A persistent cookie remains on your hard drive for an extended period of time. We use Persistent Cookies to determine from where you were referred to our site, as well as the last user ID that you logged in as. Trainual may set and access Trainual cookies on your computer, as cookies are required to use the Trainual service. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. Click here for information on cookies. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited. The use of cookies by our partners and affiliates is not covered by our privacy policy. We do not have access or control over these cookies. Our partners and affiliates use session ID and persistent cookies to better gauge our customer’s interest in our products.
As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to better gauge our customers’ needs and provide specific information to best serve them.
We partner with a third party ad network to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking preferences-mgr.truste.com.
Our Site includes links to other Web sites whose privacy practices may differ from those of Trainual. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at support at (@) trainual dot (.) com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support at (@) trainual dot (.) com .
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
Trainual may update this Privacy Policy, and will notify account holders of significant changes in the way we treat any personal information by sending a notice to the primary email address specified in your Trainual account. We may also place a prominent notice on our site. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
For questions related to this Privacy Policy, contact support at(@) trainual dot(.) com.
We collect the following personal information about you:
When you do business with us, we may collect three types of information: personal, non-personal and anonymous. You share this information so that we may provide you with the information and services that best meets your needs. We may use and disclose this information to:
Trainual collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are an employee of one of our Clients and would no longer like to be involved with one of our Clients that use our service, please contact the Client that you interact with directly.
Trainual has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Trainual’s Client (the data controller). The Client is able to remove the data without Trainual’s involvement. However, if the Client requests Trainual to remove the data, we will respond to their request within 30 business days.
California residents are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et. seq.) and the "Shine the Light" Law (California Civil Code section 1798.83). To learn more about your rights under these laws, please visit our “California Privacy Policy” here or contact us at support at (@) trainual dot (.) com.
Nevada law allows Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. We do not sell your Personal Information to third-parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. To learn more about our compliance with Nevada law, please contact us at support at (@) trainual dot (.) com.
Residents of the European Economic Area (“EEA”) or European Union (“EU”) and the United Kingdom (“UK”) are afforded additional rights with respect to their Personal Information under the General Data Protection Regulation (“GDPR”). To learn more about your rights under these laws, please visit our “GDPR Privacy Policy” here or contact us at support at (@) trainual dot (.) com
Trainual, Inc ("Trainual") provides a limited right to access the Trainual software (the "Service") solely on the terms and conditions set forth in this Terms of Service (the "Agreement") and on the condition that you ("Customer" or "you") accept this Agreement as set forth below. By clicking the "accept" button you, (A) accept this Agreement and agree to be bound by its terms; and (B) represent and warrant that you are 18 years of age or older, and (ii) if you are agreeing on behalf of a corporation, governmental organization, or other legal entity, you have the right, power and authority to enter into this Agreement on behalf of such legal entity. If you do not agree to the terms of this Agreement, then Trainual will not provide you with access to the Services.
By your acceptance, a binding contract is then formed between Trainual and the company in accordance with the terms and conditions of this Agreement.
If you are entering into this Agreement on behalf of your company, the terms "you" and "your" in this Agreement means your company and all of its Authorized Users as defined below. If you are entering this Agreement on your own behalf, you agree that you are personally bound by this Agreement and in such case, the term "you" and "your" in this Agreement mean you, individually.
1. Subject to your compliance with this Agreement, including payment of applicable fees, and during the Term of this Agreement, Trainual grants you a limited, non-exclusive, non-transferable, non-sub-licensable right to access, use, and permit Authorized Users to access the features and functions of the Trainual Service, a proprietary, commercially available, hosted software product and related documentation (the "Software") via a web browser or mobile application solely for your internal business purposes. "Authorized Users" means employees, contractors, agents, or other individuals authorized by Customer to access the Services pursuant to the terms and conditions of this Agreement. Trainual hosts and retains physical control over the Software and only makes it available for access, and use by Customer and its Authorized Users (if applicable) over the Internet through a Web-browser. Nothing in this Agreement obligates Trainual to deliver or make available any copies of computer programs or code from the Software to you, whether in object code or source code form. Notwithstanding anything to the contrary, no license of intellectual property or software is granted (whether expressly or by implication) under this Agreement.
2. Trainual reserves the right to discontinue, suspend, or modify its Services without notice or liability to any third party.
3. You may permit Authorized Users to access the features and functionality of the Services. As between Customer and its Authorized Users, Customer is responsible for the acts and omissions of the Authorized Users. Customer agrees to promptly notify Trainual, upon awareness, in the event of a security breach or any unauthorized access.
4. To use portions of the Services, you and your Authorized Users must be registered and provide account information, including without limitation personal data and contact information. You are solely responsible for maintaining the confidentiality of account information and passwords. You and your Authorized Users agree not to share passwords or log in information. You agree to immediately notify Trainual if you know or suspect that an account is being accessed or used without authorization. You are fully responsible for all usage and activity on your account or the accounts of any Authorized Users, regardless of whether the activities were undertaken by you, an Authorized User or a third party. Trainual will not be liable for any loss or damage arising directly or indirectly from your failure to maintain the security of your account and password or for unauthorized access to your account.
Your right to use the Service and the term of this Agreement commence on the date you accept this Agreement and continues until your subscriptions granted pursuant to your registration and this Agreement have expired or been terminated or earlier, in the event of your breach of this Agreement (each term and renewal term, the "Term").
Authorized User subscriptions purchased by Customer commence on the service effective date specified upon payment for the Services and continue for the subscription term selected during registration. Except as otherwise specified, all Authorized User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term.
1. Trainual may terminate this Agreement, effective upon written notice to Customer if Customer breaches this Agreement and such breach is incapable of cure or remains uncured fifteen (15) days following written notice by Trainual of such breach.
2. Trainual may terminate this Agreement without cause upon thirty (30) days advance written notice. Additionally, Trainual may terminate this Agreement, effective immediately, if Customer files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property.
3. A Billing Admin on the account may terminate this Agreement by logging into your Trainual account and submitting a cancellation request. Upon cancellation, your account will automatically be set to cancel at the end of your billing period. If you cannot login to your account, you may email support@trainual.com. All fees are non-refundable, but you will not be charged after the effective date of your termination. Prepaid annual subscriptions may be terminated the same way, but there are no prorated refunds and cancellation is effective at the annual renewal date.
4. During the term of the agreement, you may download a copy of your content and reports at any time through the application. Upon request by you made within 30 days after the effective date of termination, Trainual will make available to you for download a PDF of your written content (not including video or audio). After such 30-day period, we shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of your Data in our systems or otherwise in our possession or under our control.
5. You agree that Trainual may downgrade, terminate or suspend your access to Trainual without prior notice and without liability if such termination or suspension is based on (a) Trainual’s good faith belief that you have violated any of the terms and conditions of this Agreement, (b) one–hundred eighty (180) days of inactivity with respect to the Trainual service or (c) nonpayment of any fees owed to Trainual. If your account type is free, your account may be terminated upon sixty (60) days of inactivity.
1. You agree that the Trainual Service may be made available in free or paid versions at different levels, and that not all features and functionality of the Trainual service may be available in each version or level, which may be changed from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
2. Trainual shall: (i) provide its basic support for the Services to you at no additional charge, and/or upgraded support if purchased separately (provided by Trainual or its certified consultants), (ii) use commercially reasonable efforts to make the Services available 99.9% of the time during each calendar month during the Term (the "Availability Commitment"), 24 hours a day, 7 days a week, except for: (a) planned downtime (which we shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks. The Services will be "available" if the Services may be accessed by Customer and its Authorized Users over the Internet. The Services will not be considered "unavailable" due to failures of the Internet or the Customer’s network or due to any suspension of Services by Trainual as permitted in this Agreement. If the total "availability" based on the foregoing is less than the Availability Commitment, and Customer provides written notice to Trainual within ten (10) days of end of month, then Trainual will provide a credit equal to one (1) day of the relevant Subscription Fee (the "Credit"). The total Credit will not exceed 30% of the applicable Subscription Fee for the relevant month. The foregoing sets forth Trainual’s sole obligation and liability in connection with any service level failure.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your Data. We shall not (a) disclose your Data except as compelled by law or as expressly permitted in writing by you, or (b) access your Data except to provide the Services, prevent or address service or technical problems, at your request in connection with customer support matters, or as otherwise provided herein.
If you integrate with Trainual using our API, you must use efficient programming, which will not cause too many requests to be made in too short a period. We reserve the right to suspend your API connections, or suspend or terminate your Trainual account.
1. Customer shall pay the subscription fee ("Subscription Fee") for the Services selected during registration, on either a monthly or prepaid annual basis as selected by you during registration. ALL FEES ARE NON-REFUNDABLE. Additional Authorized User subscriptions may be added during the applicable Subscription Term at then-currently applicable rates, prorated for the remainder of the Subscription Term in effect at the time the additional Authorized User subscriptions are added, and the added subscriptions shall terminate on the same date as the pre-existing subscriptions.
2. Monthly Terms: If you select the month-to-month subscription during registration for the Services, your subscription renews automatically each month until terminated by you as outlined above.
3. Annual Terms: If you select the yearly subscription during registration, the Term shall be for a one (1) year period without the right to terminate for convenience during such 1-year minimum commitment. The annual subscription fee is non-refundable. Upon the anniversary of your one-year subscription, your subscription will automatically renew for subsequent one-year periods, unless you cancel your subscription with at least thirty (30) days written notice to Trainual prior to renewal.
4. Credit Card Authorization. During registration, you will be required to designate a payment method and provide your credit card information. During the Term, all subscription fees will be charged automatically to the credit card on file, annually in advance for annual subscriptions, and monthly on the monthly anniversary of the date of registration for monthly subscriptions. You hereby authorize Trainual to automatically charge your designated credit card for the Subscription Fees in advance as set forth in this Agreement and as selected during registration for the Trainual Service without any further authorization from you. Customer acknowledges that the foregoing registration will remain in effect until Customer cancels such authorization by providing written notice to Trainual at billing@trainual.com. If your card cannot be charged, your access to Services may be suspended and you will need to update your card information in order to resume use. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.
5. Taxes. All Subscription Fees are exclusive of all taxes or duties imposed by governing authorities, including without limitation sales, use, excise, gross receipts and other taxes and fees. Customer agrees to be responsible for payment of such taxes arising from the payment of any Subscription Fees.
6. Fee Increases. Trainual may at any time increase the Fees or institute new charges or fees, which will be effective for the following month in a monthly subscription or in for the subsequent 1-year renewal term for an annual subscription. Trainual will provide you with notice of the increased fees prior to the renewal term. If you do not agree to any such fee changes, then you may cancel your subscription to the Service and stop using the Software prior to the commencement of the renewal subscription period for which the price change applies.
7. Disputed Charges. Customer must notify Trainual in writing of any disputes regarding Fees within thirty (30) days after the date of the disputed charge, otherwise Customer is deemed to have agreed to the charges. If you have issued a dispute to your bank or credit card provider, we will be unable to issue a refund, as the bank or provider is the legal deciding party in that instance. However, if you cancel the dispute, then, we may issue a refund if deemed merited. Trainual reserves the right to terminate the Agreement in the event of a disputed charge by Customer.
1. If you are participating in Trainual’s affiliate program as an affiliate ("Affiliate"), then the following terms apply in addition to the other obligations, representations, and warranties set forth in these Terms. Affiliate shall:
2. Trainual may terminate your status as an Affiliate at any time and in the event of Affiliate’s breach of any of the terms and restrictions set forth herein with or without notice to Affiliate. Upon termination, you will no longer be able to access your Trainual affiliate link, will no longer receive affiliate commissions, and must immediately cease any use of the Trainual name and logo and return any Confidential Information to Trainual.
1. You acknowledge that Trainual owns all rights, title and interest in and to the Service and the Software, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Trainual reserves all rights not expressly granted to you in this Agreement.
2. You retain all right, title and interest to any and all information or data provided, input or uploaded to Trainual by you, or by Trainual or its certified consultants on your behalf (the "Data"). Trainual may utilize data capture tools to compile and analyze certain transactional and performance data. You acknowledge that Trainual retains all right, title and interest to such transactional and performance data related to use of the Software, and Trainual may collect, use and disclose such transactional and performance data for its business purposes (including software use optimization and product marketing) provided that such use does not reveal any personally identifiable information.
3. Customer and Trainual may agree to a separate statement of work for the development of custom documents, designs, computer programs, computer documentation and other tangible materials authored or prepared for you by Trainual or its certified consultants ("Deliverables"). Trainual will license such Deliverables to you, solely for your internal use during the Term of this Agreement. Trainual retains ownership and may reuse any Deliverables, provided that such use does not reveal Your identity or Your Confidential Information.
4. Trainual shall retain all right, title and interest in and to the Software, Services, the documentation for the Software, and all modifications and/or enhancements to the Software. If you provide enhancement requests, recommendations, or other feedback to Trainual, you hereby grant Trainual a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, distribute, and exploit such feedback as Trainual sees fit, without restriction of any kind.
5. Notwithstanding anything to the contrary in this Agreement, Trainual may utilize data capture tools and machine learning to compile and analyze your transactional and performance data and other uses of the Software and the Service, including but not limited to anonymized or de-identified and aggregated personal information ("Aggregated Data"). You acknowledge that Trainual will own and retain all right, title and interest to such Aggregated Data. Trainual may freely use Aggregated Data for any business purpose, including but not limited to: (a) maintaining, improving and/or analyzing the Software and the Service, including analytics and reporting, software optimization and product marketing; (b) complying with legal or contractual requirements; (c) making information regarding threats, vulnerabilities, malicious attacks, unwanted content and other networking issues available to its licensors and partners; and (d) developing, distributing and publishing measures and reports based on Aggregated Data.
1. You agree that Trainual can disclose the fact that you are a customer and identify you in customer lists or other marketing materials. During the Term of this Agreement, and unless otherwise set forth, you grant Trainual the right to reference you, along with Your logo, in marketing materials and on Trainual’s public web site for publicity purposes.
1. Trainual represents, warrants, and covenants to Customer follows: (i)Trainual possesses all rights necessary to grant to Customer the rights set forth in this Agreement; (ii) the Software will perform substantially in accordance with the technical requirements documents that are generally provided by Trainual in connection with the Software ("Documentation"); and (iii) the Services will be performed in a professional, workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.
2. THE TRAINUAL SERVICES ARE PROVIDED "AS IS." TRAINUAL HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. TRAINUAL DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE IS ERROR-FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. NO WARRANTY IS MADE BY TRAINUAL ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TRAINUAL IS NOT RESPONSIBLE FOR THE OPERATION OF THE INTERNET, ANY HARDWARE, SOFTWARE, OR OTHER CONTENT PROVIDED BY THIRD PARTIES, DAMAGES THAT RESULT FROM DOWNLOADING ANY MATERIALS THROUGH THE SERVICES, OR THE FAILURE OF ANY NETWORKS USED IN CONNECTION WITH THE SERVICES.
3. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOSS OF DATA OR LOSS PROFITS ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE TRAINUAL SERVICES. THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY TRAINUAL FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS PRECEDING THE IMPOSITION OF LIABILITY. THE LIMITATIONS APPLY REGARDLESS OF THE FAILURE OF ANY OTHER REMEDY.
1. You agree to hold harmless, defend, and indemnify Trainual, and its affiliates, officers, managers, members, agents, and employees (the "Indemnitees") from and against any third party claim, suit, demand, and any damages, losses, or costs (including reasonable attorneys’ fees) arising from or in any way related to (i) your breach of this Agreement or your use of the Software, or (ii) your violation of any applicable law or regulation. Trainual will provide you with written notice of such claim, suit or action that is subject to indemnification under this Agreement.
1. Unless prohibited by law, this agreement is made in accordance with and is governed and construed under the laws of the state of Arizona, without reference to such state’s conflicts of laws principles. In no event may this agreement be governed by the United Nations convention on contracts for the international sale of goods.
2. Any legal suit, action, or proceeding arising out of this Agreement shall be brought in the courts of the state of Arizona located in the city of Phoenix, county of Maricopa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit or proceeding.
1. Each party represents and warrants to the other party that it will comply with all laws, rules, or regulations applicable to such party’s activities in relation to this Agreement in all material respects.
2. Trainual will not provide you with legal advice regarding compliance, data privacy or other relevant laws, rules or regulations in the jurisdictions in which you use the Software.
3. You understand that the Software may be configured and used in ways that do and do not comply with applicable laws and it is your sole responsibility to monitor its compliance and your Authorized Users’ compliance with all relevant laws.
4. You acknowledge that Trainual exercises no control over your specific human resource practices implemented using the Software or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Software. Trainual hereby expressly disclaims all liability arising from your decisions and from harmful data or code uploaded to the Software by you, your employees or contractors.
1. You acknowledge and agree that your use of the Service is subject to compliance with United States and other applicable country export control and trade sanctions laws, rules and regulations, including, without limitations the regulations promulgated by the U.S. Department of Commerce and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and monitoring any modifications to them.
2. The Services and Software may not be accessed, used, downloaded, exported or re‑exported: (i) in or relating to any country or territory that is the subject or target of comprehensive trade or economic sanctions imposed by the U.S. government ("Sanctions") (currently including Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the proclaimed Donetsk People's Republic (DNR) region of Ukraine and the proclaimed Luhansk People's Republic (LNR) region of Ukraine) (as applicable, the "Sanctioned Regions"); (ii) by any citizen or resident of a Sanctioned Region, except citizens who are lawful permanent residents of countries not subject to the Sanctions; (iii) for the benefit or on behalf of any person listed in any Sanctions-related list of designated persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC") or the U.S. Department of State (including OFAC's List of Specially Designated Nationals and Blocked Persons), or any person owned 50% or more by such person; or (iv) otherwise in violation of any U.S. Sanctions, embargo, prohibition or restriction. The Service also may not be used to disclose, transfer, download, export or re-export, directly or indirectly, any content or material to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which you may be subject.
3. If Trainual determines or otherwise believes that access or use of the Service by you, or in your account, violates the foregoing restrictions relating to Export Control Laws or other embargoes, prohibitions or restrictions, then Trainual may, immediately and without prior notice, suspend and/or terminate the Term, your account and/or your right to access and use the Service without further liability or obligation on the part of Trainual.
1. All notices, requests, consents, demands and other communication required under this Agreement shall be in writing and deemed to have been given when delivered by email with written confirmation of receipt, by hand, or on the third day after the date mailed, by certified or registered mail, return receipt requested.
2. This Agreement includes any schedules and exhibits attached hereto, and any executed Order Forms between you and Trainual. Such documents encompass the entire Agreement between you and Trainual with respect to the subject matter hereof and supersede all prior representations, agreements and understandings, written or oral.
3. Trainual may, in its sole discretion, revise or modify this Agreement at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice to you, which may be given by any means including, but not limited to, posting on the Trainual website, or by electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Continued use of the Service after any such modifications to the Agreement shall constitute your agreement and consent to such changes. Unless explicitly stated otherwise, any new features that enhance or augment the current Service shall be subject to this Agreement.
4. Customer may not assign its rights or interest under this Agreement without the prior written consent of Trainual. This Agreement is for the sole benefit of the parties to this Agreement and their respective permitted assigns.
5. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
6. Customer’s payment obligations will survive termination of this Agreement.
The failure of Trainual to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and Trainual and governs your use of the Service, superseding any prior agreements between you and Trainual (including, but not limited to, any prior versions of this Terms of Service). If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Trainual.
Have more questions? We’re here to help, so please contact us.