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Terms of Service & Privacy Policy

Last updated: August 25, 2025

Welcome to Learnwell (“we,” “our,” “us”). These Terms of Service (“Terms”) and our integrated Privacy Policy (together, the “Agreement”) govern your use of Learnwell's software platform, authoring tools, and professional services (collectively, the “Service”). By using the Service on behalf of yourself or an organization, you agree to this Agreement. If you do not agree, do not use the Service.

1. Eligibility

  • You must be at least 18 years old to enter into this Agreement.
  • If you are using the Service on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to this Agreement.

2. Accounts

  • Organizations and individuals may create accounts to access the Service.
  • You agree to provide accurate, complete information and keep it current.
  • You are responsible for safeguarding account credentials and for all activity conducted under your account.

3. Scope of Services

  • Software Platform: Access to Learnwell’s SaaS tools for authoring, delivering, and analyzing training content.
  • Agency Services: Professional instructional design and development services delivered using our platform.
  • Custom enterprise agreements may apply to specific projects or accounts; in case of conflict, the enterprise agreement controls.

4. Acceptable Use

You agree not to:

  • Use the Service for unlawful purposes or in violation of applicable laws.
  • Reverse-engineer, attempt to gain unauthorized access, or interfere with security features.
  • Upload or share content that infringes intellectual property rights, is defamatory, or otherwise harmful.
  • Misrepresent your identity or affiliation when using the Service.

We may suspend or terminate access for violations of these Terms.

5. Client Content & Intellectual Property

  • “Client Content” means training materials, data, and other inputs provided by you for use with the Service.
  • You retain ownership of Client Content. By submitting Client Content, you grant us a non-exclusive license to host, process, and deliver it for the purposes of providing the Service.
  • Courses, modules, or outputs created on your behalf using Client Content remain your property. Learnwell retains ownership of the underlying platform, tools, and templates.
  • You are solely responsible for ensuring Client Content is accurate, lawful, and compliant with your industry requirements.

6. AI-Generated Output Disclaimer

  • The Service may generate draft text, assessments, diagrams, or other outputs using artificial intelligence (“AI Output”).
  • AI Output may be inaccurate or incomplete. We provide it as a starting point for training content, subject to your review.
  • You agree not to rely solely on AI Output without appropriate human validation.
  • Learnwell is not responsible for errors or omissions in AI Output used without review.

7. Payment & Billing

  • Fees may apply for use of the SaaS platform, for professional services, or both.
  • Payments are typically invoiced via Stripe, credit card, or enterprise billing as agreed in writing.
  • Unless otherwise stated in an enterprise agreement, all fees are non-refundable.
  • We may change pricing with reasonable prior notice; enterprise contracts may specify fixed terms.

8. Confidentiality

  • Both parties agree to treat non-public information shared under this Agreement as confidential and to use it only for purposes of providing or receiving the Service.
  • Confidentiality obligations do not apply to information that is public, independently developed, or lawfully obtained from another source.

9. Privacy Policy

We care about your privacy. Key points:

Data We Collect:

  • Account info: name, email, login credentials (securely stored).
  • Content: training materials and other Client Content you upload.
  • Payment details (via secure third-party processors such as Stripe).
  • Analytics and usage data to improve the Service.

How We Use It:

  • Operate and improve the Service.
  • Deliver agency projects and SaaS functionality.
  • Maintain security and compliance.
  • Develop new features and enhancements.
  • Comply with legal obligations.

Data Sharing:

  • With trusted service providers under confidentiality obligations.
  • As required by law or to protect rights and safety.
  • In aggregated, anonymized form for analytics or service improvement.

Data Retention & Deletion:

  • We retain data as long as your account or project is active, or as necessary for business or legal purposes.
  • You may request deletion of your account or data by contacting contact@learnwell.agency.

10. Changes to the Service

We may modify, suspend, or discontinue features of the Service at any time. Significant changes will be communicated with reasonable notice.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Learnwell is not liable for indirect, incidental, or consequential damages.
  • Our total liability for any claim is limited to the fees paid to Learnwell in the 12 months preceding the claim.

12. Governing Law

This Agreement is governed by the laws of British Columbia, Canada, without regard to conflict of laws principles. Disputes will be resolved in the courts of British Columbia.

13. Contact

For questions about these Terms or your data, contact us at contact@learnwell.agency.