Effective Date: 26th July 2024

This Agreement ("Agreement") is effective on 26th July 2024, by Learneris Pte. Ltd., a corporation organized and existing under the laws of Singapore, with its principal place of business located at 68 CIRCULAR ROAD #02-01, SINGAPORE (049422) ("Learneris").

1. Definitions

For the purposes of this Agreement:

  • Learneris: Refers to Learneris Pte. Ltd., the provider of the platform.
  • Institution(s): Refers to schools, educational centers, tutor centers, and skills training institutes.
  • Individual User(s): Refers to teachers, trainers, content creators, parents, and students.
  • Platform: Refers to the online service provided by Learneris for creating and accessing educational content.
  • Personal Information: Refers to any information that identifies an individual, as protected under applicable laws such as COPPA and FERPA.

2. Purpose

This Agreement sets forth the terms and conditions under which Institutions and Individual Users will use Learneris' platform to create and access educational content.

3. Responsibilities of Learneris

Learneris agrees to:

  1. Provide access to its platform for Institutions and Individual Users.
  2. Ensure the platform complies with all applicable federal and state laws, including COPPA and FERPA where applicable.
  3. Implement and maintain reasonable data security measures to protect personal information collected from users.
  4. Provide training and support to users on the use of the platform.
  5. Allow parents or Individual Users to review and request deletion of their personal information.

4. Responsibilities of Institutions

Institutions agree to:

  1. Facilitate the use of Learneris' platform by their teachers, trainers, and students.
  2. Act as an agent for parents in providing consent for the use of student data on the platform.
  3. Ensure that teachers, trainers, and students comply with this Agreement and Learneris' privacy policy.
  4. Cooperate with Learneris to obtain verifiable parental consent as required by COPPA.
  5. Assist in ensuring the accuracy and completeness of the data provided to Learneris.

5. Responsibilities of Individual Users (Teachers, Trainers, Content Creators, Parents, and Students)

Individual Users agree to:

  1. Use Learneris' platform in compliance with this Agreement and Learneris' privacy policy.
  2. Ensure that any personal information they provide is accurate and complete.
  3. Obtain consent from parents or guardians when collecting personal information from students under the age of 13, in compliance with COPPA.
  4. For parents, provide necessary consents for their children's use of the platform and manage their children's information as required.

6. Data Ownership

  1. All educational content created by users on the platform remains the property of the creators (teachers, trainers, content creators, or Institutions).
  2. Personal information collected from users by Learneris is owned by the individuals and is protected under applicable laws such as FERPA and COPPA.

7. Data Security

  1. Learneris shall implement and maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of personal information.
  2. Learneris shall notify users within [72 hours] of any data breach affecting personal information, in accordance with applicable laws.

8. Compliance with COPPA and FERPA

  1. Learneris shall comply with all requirements of the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA) where applicable.
  2. Institutions and Individual Users shall cooperate with Learneris to ensure compliance with these laws, including providing necessary consents and notifications to parents or guardians.

9. Parental Consent

  1. Institutions shall act as an agent for parents to provide verifiable parental consent for students' use of Learneris' platform.
  2. Individual Users (teachers, trainers, content creators, parents, and students) are responsible for obtaining verifiable parental consent for any personal information collected from students under the age of 13.
  3. Learneris shall provide clear and comprehensive information to facilitate the consent process for Institutions and Individual Users.

10. Term and Termination

  1. Either party may terminate this Agreement for any reason with 30 days written notice to the other party.
  2. Upon termination, Learneris shall securely delete all personal information collected from users, in accordance with applicable laws.

11. Limitation of Liability and Indemnification

  1. Limitation of Liability: Learneris' total liability to users for any claim arising out of or relating to this Agreement shall be limited to the amount paid by the user to Learneris in the 12 months preceding the claim.
  2. Indemnification: Users agree to indemnify, defend, and hold harmless Learneris from any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of the user's use of the platform, breach of this Agreement, or violation of any applicable law.

12. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration administered by the Singapore International Arbitration Centre (SIAC) under its rules.

13. Miscellaneous

  1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
  2. Any amendments to this Agreement must be in writing and signed by both parties.
  3. This Agreement shall be governed by and construed in accordance with the laws of Singapore.
  4. Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, or other acts of God.
  5. Severability: If any provision of this Agreement is found to be unenforceable, the remainder of the Agreement will still remain in effect.

By using Learneris' platform, you agree to these terms and conditions. If you do not agree, you should not use the platform. If you have any questions about these terms, please contact us at support@learneris.com.