Terms of Use

1. About MobiLearn

MobiLearn is an enterprise learning platform that enables organizations to create, deliver, manage, assess, reinforce and measure workforce learning.

The Services may include, depending upon the customer's subscription and configuration:

• Learning management and delivery
• Mobile and web-based learning
• Course and content creation
• AI-assisted content creation
• Assessments and quizzes
• Certifications
• Learning analytics and reporting
• Points, badges, leaderboards and engagement features
• Multilingual learning
• Offline learning
• Administrative and learner portals
• Integrations with enterprise systems
• APIs and webhooks
• Single Sign On
• HRMS integrations
• SCORM support
• Content production and managed learning services
• Other features introduced by MobiLearn

Certain features, services or capabilities may be subject to separate commercial terms.

2. Eligibility and Authorized Use

You may use MobiLearn only if you are legally capable of entering into these Terms or have been authorized to use the Services by an organization that has entered into an agreement with MobiLearn.

For enterprise accounts, access may be provided by your employer, institution, customer, partner or another authorized organization (“Customer”).

Your right to use MobiLearn is limited to the purposes authorized by that Customer and subject to its policies and applicable agreement with MobiLearn.

3. Enterprise Agreements

Organizations purchasing or subscribing to MobiLearn may enter into separate agreements with Vilok Solutions Private Limited, including:

• Master Service Agreements
• Subscription Agreements
• Order Forms
• Statements of Work
• Service Level Agreements
• Data Processing Agreements
• Implementation Agreements
• Pilot Agreements
• Partner or Reseller Agreements

If there is any conflict between these Terms and a separately executed agreement relating to the Services, the executed agreement will prevail to the extent of that conflict.

4. Account Registration and Access

Certain MobiLearn Services require an account.

You agree to provide accurate and complete information and to keep your account information reasonably current.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity occurring through your account
• Using the Services only for authorized purposes
• Immediately reporting suspected unauthorized access
• Following applicable security requirements

You may not share an individual account with another person unless expressly permitted by MobiLearn or your organization's configuration.

Where Single Sign On or another enterprise identity provider is used, authentication may additionally be governed by your organization's identity and access policies.

5. Customer Administrators

Enterprise Customers may appoint administrators who can manage their MobiLearn environment.

Depending upon the permissions configured by the Customer, administrators may be able to:

• Create and deactivate users
• Assign roles and permissions
• Create learner groups
• Assign courses
• Upload and manage content
• Configure assessments
• View learning activity
• Access completion and assessment reports
• Configure integrations
• Manage learning campaigns
• Export authorized information

Customers are responsible for determining which individuals receive administrative privileges and for appropriately managing those privileges.

6. Acceptable Use

You agree to use MobiLearn lawfully and responsibly.

You must not:

• Use MobiLearn for unlawful or fraudulent purposes
• Attempt to gain unauthorized access to any account, system or network
• Circumvent authentication, security or access controls
• Interfere with the operation or security of the Services
• Introduce viruses, malware or malicious code
• Conduct unauthorized vulnerability testing or penetration testing
• Scrape, crawl or systematically extract platform information except where expressly authorized
• Reverse engineer, decompile or attempt to derive source code except where expressly permitted by applicable law
• Copy or reproduce MobiLearn proprietary software without authorization
• Use another person's credentials
• Upload content that infringes third-party rights
• Upload unlawful, defamatory, harmful or malicious material
• Use the Services to violate privacy, intellectual property or other applicable rights
• Resell or commercially exploit the Services without authorization

MobiLearn may restrict or suspend access where reasonably necessary to protect the Services, Customers, users or third parties.

7. Customer Content

Customers and authorized users may upload materials to MobiLearn, including:

• Policies
• SOPs
• Presentations
• Documents
• Videos
• Images
• Assessments
• Training materials
• Course content
• Brand assets
• Other business information

Collectively, these materials are referred to as “Customer Content.”

The Customer retains ownership of its Customer Content.

By uploading Customer Content, the Customer grants MobiLearn the limited rights necessary to host, process, reproduce, transform, display and otherwise use that content solely as necessary to provide the contracted Services.

MobiLearn does not acquire ownership of Customer Content merely because it is uploaded to or processed through the platform.

8. Customer Responsibility for Content

Customers are responsible for ensuring that they have the necessary rights, permissions and lawful basis to upload and use Customer Content through MobiLearn.

Customers must ensure that Customer Content:

• Does not infringe intellectual property rights
• Does not unlawfully disclose confidential information
• Does not violate privacy or data protection requirements
• Does not contain unlawful material
• May lawfully be provided to MobiLearn for processing

MobiLearn is not responsible for independently verifying the legal ownership, factual accuracy or regulatory adequacy of Customer Content.

9. AI-Assisted Content and Outputs

Certain MobiLearn features may use artificial intelligence or automated technologies to assist with activities such as:

• Structuring learning material
• Creating course drafts
• Generating questions
• Creating summaries
• Generating scripts
• Translation
• Voice generation
• Content recommendations
• Learning reinforcement
• Other content-related functions

AI-generated or AI-assisted output may contain inaccuracies, omissions or unintended results.

Customers remain responsible for reviewing and approving AI-generated content before using it for critical business, regulatory, compliance, safety or operational purposes.

MobiLearn does not represent that automatically generated content is a substitute for legal, regulatory, medical, safety, compliance or professional review.

10. Intellectual Property

MobiLearn and its licensors retain all rights, title and interest in the MobiLearn platform and related intellectual property, including:

• Software
• Source code
• Platform architecture
• Interfaces
• Designs
• Workflows
• Features
• Databases
• Documentation
• Trademarks
• Logos
• Product names
• Proprietary technology

Except for the limited right to use the Services under these Terms or an applicable enterprise agreement, no intellectual property rights are transferred to users or Customers.

11. MobiLearn Content

MobiLearn may provide templates, sample courses, demonstration materials, interfaces, graphics, documentation, learning frameworks or other proprietary materials.

Unless otherwise stated, these materials are owned by or licensed to MobiLearn.

They may not be copied, redistributed, resold or commercially exploited outside the permitted use of the Services without written authorization.

12. Subscriptions, Fees and Payment

Certain MobiLearn Services require payment.

Pricing, subscription periods, learner volumes, implementation fees, content production fees, professional services and other commercial terms will ordinarily be specified in the applicable proposal, Order Form, Statement of Work or enterprise agreement.

Unless otherwise agreed in writing:

• Fees are payable according to the applicable invoice terms
• Applicable taxes are additional
• Customers are responsible for providing accurate billing information
• Additional services outside the contracted scope may incur additional charges

MobiLearn may change its general pricing from time to time. Changes affecting an existing contractual subscription will be governed by the applicable agreement.

13. Implementation and Configuration

Enterprise implementations may include activities such as:

• Organization configuration
• Branding
• User setup
• Data migration
• Content migration
• Administrator enablement
• Integration
• SSO configuration
• HRMS synchronization
• API configuration
• Custom deployment
• Training
• Launch support

Implementation scope, responsibilities and timelines may be defined separately in an Order Form, Statement of Work or implementation plan.

Customer delays in providing required information, approvals, infrastructure access or third-party cooperation may affect implementation timelines.

14. Third-Party Integrations

MobiLearn may integrate with third-party services such as:

• Identity providers
• HRMS platforms
• CRM systems
• Learning systems
• Cloud services
• Communication platforms
• Analytics systems
• Content providers
• Other enterprise applications

Third-party services are operated independently and may be subject to separate terms and privacy policies.

MobiLearn is not responsible for failures, interruptions or changes caused by third-party systems outside MobiLearn's reasonable control.

15. Mobile Applications

MobiLearn may be available through mobile applications distributed through third-party application stores.

Use of those applications may also be subject to the applicable app store's terms.

Certain features may require device permissions such as:

• Notifications
• Camera
• Microphone
• Storage or media access

The purpose of applicable permissions is described through the application or MobiLearn's Privacy Policy.

16. Platform Availability

MobiLearn seeks to maintain reliable availability of its Services.

However, uninterrupted access cannot be guaranteed.

Services may occasionally be unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• Software updates
• Infrastructure issues
• Internet or telecommunications failures
• Third-party service failures
• Security incidents
• Events beyond MobiLearn's reasonable control

Where a Customer has contracted for a specific Service Level Agreement, the applicable SLA will govern availability commitments.

17. Changes to the Services

MobiLearn continuously develops its platform and may add, modify, replace or discontinue features.

We may make changes to improve:

• Security
• Performance
• User experience
• Scalability
• Compliance
• Functionality
• Compatibility

For enterprise Customers, material changes affecting contracted functionality will be handled in accordance with the applicable agreement where required.

18. Data and Privacy

Use of MobiLearn is subject to the MobiLearn Privacy Policy.

Where MobiLearn processes personal information on behalf of an enterprise Customer, additional data protection obligations may be governed by an applicable Data Processing Agreement or enterprise contract.

Customers are responsible for ensuring that they have an appropriate lawful basis for providing personal information to MobiLearn.

19. Security

MobiLearn maintains technical and organizational measures designed to protect Customer information and the Services.

Depending upon the applicable deployment model, controls may include encryption, access controls, authentication, logging, monitoring, vulnerability management, backup procedures and security testing.

Customers are also responsible for appropriately securing their own accounts, devices, identity systems, integrations and administrator credentials.

20. Deployment Options

MobiLearn may be deployed through different infrastructure models depending upon contractual arrangements and technical requirements.

These may include:

• Shared cloud
• Dedicated cloud
• Customer cloud
• Private VPC
• On-premise deployment

Responsibilities for infrastructure, security, backups, maintenance and availability may differ depending upon the selected deployment model and will be defined in the applicable agreement or implementation documentation.

21. Confidentiality

During the use of MobiLearn, either party may receive confidential or proprietary information belonging to the other party.

Where applicable, confidential information must be protected using reasonable care and used only for authorized purposes.

Enterprise confidentiality obligations may additionally be governed by an NDA, Master Service Agreement or other executed agreement.

22. Suspension of Access

MobiLearn may temporarily suspend access to all or part of the Services where reasonably necessary because of:

• Non-payment
• Material breach of applicable terms
• Security risks
• Suspected fraudulent activity
• Unauthorized access
• Illegal use
• Threats to platform integrity
• Legal or regulatory requirements

Where reasonably possible and commercially appropriate, MobiLearn will provide notice and an opportunity to resolve the issue.

23. Termination

Users may stop using MobiLearn at any time.

Enterprise Customers may terminate subscriptions according to the termination provisions of their applicable agreement.

MobiLearn may terminate or suspend access where a user or Customer materially breaches these Terms or an applicable agreement and fails to remedy the breach within any applicable cure period.

Upon termination:

• Access to the Services may cease
• Outstanding amounts remain payable
• Customer data will be handled according to applicable contractual and retention requirements
• Provisions intended to survive termination will continue to apply

24. Data Export and Deletion

For enterprise Customers, Customer data may be made available for export subject to the applicable agreement and technical capabilities of the Services.

Following termination, Customer data will be retained or deleted in accordance with:

• Applicable contractual commitments
• The MobiLearn Privacy Policy
• Applicable law
• Backup and retention requirements

Deployment-specific deletion procedures may apply.

25. Warranties

MobiLearn will provide the Services with reasonable skill and care consistent with generally accepted industry practices.

Except as expressly provided in an applicable agreement, the Services are provided on an “as available” basis.

To the maximum extent permitted by applicable law, MobiLearn does not warrant that:

• The Services will always be uninterrupted
• Every feature will be error-free
• Every third-party integration will remain continuously available
• AI-generated outputs will always be accurate
• The Services will satisfy requirements not expressly agreed in writing

Nothing in these Terms excludes warranties that cannot lawfully be excluded.

26. Limitation of Liability

To the maximum extent permitted by applicable law, neither MobiLearn nor Vilok Solutions Private Limited will be liable for indirect, incidental, special, punitive or consequential damages arising from the use of the Services.

This may include loss of profits, revenue, business opportunity, goodwill or data where such exclusion is permitted by law.

For enterprise Customers, any agreed limitation of liability contained in an executed Master Service Agreement, Order Form or other agreement will prevail over this section.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

27. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Vilok Solutions Private Limited, its affiliates, officers, employees and representatives from claims, damages or expenses arising from:

• Your unlawful use of the Services
• Your violation of these Terms
• Content uploaded without appropriate rights
• Your infringement of third-party rights
• Your violation of applicable law

For enterprise Customers, indemnification obligations contained in an executed agreement will prevail.

28. Third-Party Links

MobiLearn websites or Services may contain links to third-party websites or services.

Such links are provided for convenience and do not necessarily constitute endorsement.

MobiLearn is not responsible for third-party websites, content, availability, security or privacy practices.

29. Feedback

If you provide suggestions, ideas or feedback regarding MobiLearn, you permit us to use that feedback to improve our products and Services without restriction or compensation, provided that doing so does not grant us ownership of your confidential information or Customer Content.

30. Force Majeure

MobiLearn will not be liable for failure or delay in performing obligations caused by circumstances beyond its reasonable control.

Such events may include:

• Natural disasters
• Fire or flood
• War or civil disturbance
• Government action
• Labour disputes
• Widespread internet outages
• Telecommunications failures
• Cloud infrastructure failures
• Cyberattacks of exceptional scale
• Other events reasonably beyond MobiLearn's control

31. Changes to These Terms

We may update these Terms periodically to reflect changes in:

• Our Services
• Applicable laws
• Security requirements
• Business operations
• Product functionality

The latest version will be published on the MobiLearn website with an updated effective date.

Material contractual changes affecting existing enterprise Customers will remain subject to the applicable enterprise agreement.

32. Governing Law and Jurisdiction

Unless otherwise specified in an applicable enterprise agreement, these Terms will be governed by the laws of India.

Any dispute arising from these Terms will be subject to the jurisdiction of the competent courts in Mumbai, Maharashtra, India, subject to applicable law.

For enterprise Customers, governing law, dispute resolution and jurisdiction specified in an executed agreement will prevail.

33. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.

34. Entire Agreement

These Terms, together with the MobiLearn Privacy Policy and any applicable enterprise agreements, constitute the terms governing use of the Services.

For enterprise Customers, the applicable Master Service Agreement, Order Form, Statement of Work, Data Processing Agreement and other executed documents may form part of the overall contractual relationship.

35. Contact Us

If you have questions regarding these Terms of Use, please contact:

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