FINNDEMY USER AGREEMENT

Terms of Service for Finndemy E-Learning Platform

1. ACCEPTANCE OF TERMS

By accessing or using the Finndemy e-learning platform (“Platform”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Agreement” or “Terms”). This Agreement constitutes a legally binding contract between you and Finndemy (“Company,” “we,” “us,” or “our”).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

This Agreement applies to all users of the Platform, including but not limited to:

• Individual learners (“Learners”)
• Corporate clients and their employees (“Corporate Users”)
• Content creators and instructors (“Trainers”)
• Administrators and supervisors (“Admins”)

2. PLATFORM DESCRIPTION

Finndemy is a comprehensive e-learning platform built on LearnDash LMS and WordPress technology, providing:

• Online courses and training materials
• Learning management system capabilities
• Corporate training solutions
• Progress tracking and certification services
• Content creation and distribution tools
• Analytics and reporting features

3. USER CATEGORIES AND SPECIFIC TERMS

3.1 Individual Learners

Registration and Account: Individual learners must provide accurate personal information during registration and maintain updated account details.

Course Access: Access to courses is subject to enrollment requirements, payment of applicable fees, and compliance with course prerequisites.

Personal Use: Course content is licensed for personal, non-commercial use unless otherwise specified.

3.2 Corporate Users

Corporate Account: Corporate clients receive administrative access to manage employee learning programs and organizational training initiatives.

Employee Management: Corporate clients are responsible for managing employee access, ensuring accurate employee information, and maintaining appropriate user permissions.

Bulk Licensing: Corporate subscriptions include bulk user licensing as specified in the corporate agreement or purchase order.

Data Responsibility: Corporate clients are responsible for ensuring their employees’ consent to data processing and compliance with applicable privacy laws.

3.3 Trainers and Content Creators

Content Standards: All training materials must meet professional standards, be educationally sound, and comply with applicable laws and regulations.

Intellectual Property: Trainers retain ownership of original content but grant Finndemy necessary licenses to distribute and display content on the Platform.

Revenue Sharing: Compensation terms for trainers are specified in separate trainer agreements or partnership contracts.

Content Moderation: Finndemy reserves the right to review, modify, or remove content that violates these Terms or platform standards.

4. USER REGISTRATION AND ACCOUNTS

4.1 Account Creation

• Users must be at least 16 years of age to create an account
• All registration information must be accurate, current, and complete
• Users are responsible for maintaining the confidentiality of account credentials
• One person may not maintain multiple accounts without prior written consent

4.2 Account Security

• Users must immediately notify Finndemy of any unauthorized use of their account
• Users are responsible for all activities that occur under their account
• Strong passwords and security measures are required and recommended
• Two-factor authentication may be required for certain account types

4.3 Account Termination

• Users may terminate their accounts at any time through account settings
• Finndemy may suspend or terminate accounts for violations of these Terms
• Upon termination, access to paid content may be revoked subject to applicable refund policies

5. ACCEPTABLE USE POLICY

5.1 Permitted Uses

Users may:

• Access and use the Platform for legitimate educational and training purposes
• Download course materials for personal study or organizational training
• Participate in discussions, forums, and collaborative learning activities
• Create and share content in accordance with platform guidelines

5.2 Prohibited Uses

Users may NOT:

• Violate any applicable laws or regulations
• Share account credentials with unauthorized individuals
• Upload, distribute, or share malicious software or harmful content
• Engage in harassment, discrimination, or abusive behavior toward other users
• Circumvent or attempt to circumvent platform security measures
• Use automated systems to access the Platform without authorization
• Reproduce, distribute, or publicly display copyrighted materials without permission
• Engage in commercial activities not authorized by Finndemy
• Impersonate other individuals or entities
• Collect or harvest user information without consent

5.3 Content Guidelines

All user-generated content must:

• Be relevant to educational or training purposes
• Respect intellectual property rights
• Comply with professional and ethical standards
• Be free from hate speech, discrimination, or offensive material
• Not contain personal information of others without consent

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Platform Ownership

Finndemy owns all rights, title, and interest in the Platform, including:

• Software, technology, and infrastructure
• Platform design, layout, and user interface
• Trademarks, logos, and branding materials
• Proprietary algorithms and methodologies

6.2 Course Content

Licensed Content: Course content created by Finndemy or licensed third parties remains the property of the respective owners. Users receive limited, non-exclusive licenses to access and use such content.

User-Generated Content: Users retain ownership of original content they create but grant Finndemy a worldwide, royalty-free license to use, display, and distribute such content on the Platform.

Third-Party Content: Users are responsible for ensuring they have appropriate rights to any third-party content they upload or share.

6.3 Copyright Protection

Finndemy respects intellectual property rights and expects users to do the same. We will respond to valid copyright infringement notices in accordance with the Digital Millennium Copyright Act (DMCA).

7. PRIVACY AND DATA PROTECTION

7.1 Data Collection

Finndemy collects and processes personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Corporate Data

Corporate clients are responsible for:

• Obtaining necessary consents from employees for data processing
• Ensuring compliance with applicable data protection laws (GDPR, CCPA, etc.)
• Maintaining appropriate data security measures
• Notifying Finndemy of any data protection requirements or restrictions

7.3 Learning Analytics

The Platform collects learning analytics data to improve educational outcomes and platform functionality. Users consent to such data collection and analysis for legitimate educational purposes.

8. PAYMENT TERMS

8.1 Fees and Subscriptions

• Course fees and subscription charges are as displayed on the Platform
• All fees are non-refundable
• Prices may change with appropriate notice to users
• Corporate clients may have custom pricing arrangements

8.2 Payment Processing

• Payments are processed through secure third-party payment processors
• Users must provide accurate billing information
• Automatic renewals may apply to subscription services
• Failed payments may result in service suspension

9. PLATFORM AVAILABILITY AND MODIFICATIONS

9.1 Service Availability

• Finndemy strives to maintain 99.9% platform uptime
• Scheduled maintenance will be announced in advance when possible
• Emergency maintenance may occur without prior notice
• Service interruptions do not entitle users to refunds except as specified in SLA agreements

9.2 Platform Modifications

Finndemy reserves the right to:

• Modify, update, or discontinue platform features
• Add or remove courses from the catalog
• Update these Terms with appropriate notice
• Implement new security measures or access controls

10. DISCLAIMERS AND LIMITATIONS

10.1 Educational Disclaimers

• Course content is for educational purposes and does not constitute professional advice
• Professional certifications and credentials are subject to third-party validation
• Users are responsible for verifying the applicability of training to their specific needs
• Finndemy does not guarantee specific learning outcomes or career advancement

10.2 Technical Disclaimers

• The Platform is provided “as is” without warranties of any kind
• Finndemy does not warrant uninterrupted or error-free service
• Users are responsible for ensuring compatible technology and internet connectivity
• Third-party integrations may have separate terms and limitations

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINNDEMY SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Damages exceeding the fees paid by the user in the preceding 12 months
• Issues arising from user misconduct or violation of these Terms

11. INDEMNIFICATION

Users agree to indemnify and hold harmless Finndemy, its employees, agents, and affiliates from any claims, damages, losses, or expenses arising from:

• User’s violation of these Terms
• User’s infringement of intellectual property rights
• User’s unlawful or inappropriate use of the Platform
• Content uploaded or shared by the user
• Corporate client’s violation of employee privacy or data protection laws

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

12.2 Arbitration

All disputes arising from these Terms or use of the Platform shall be resolved through binding arbitration, except for:

• Intellectual property disputes
• Claims for injunctive relief
• Small claims court actions under $10,000

12.3 Class Action Waiver

Users waive the right to participate in class action lawsuits or class-wide arbitration against Finndemy.

13. CORPORATE-SPECIFIC TERMS

13.1 Corporate Responsibilities

Corporate clients must:

• Ensure employee compliance with these Terms
• Maintain appropriate data security measures
• Provide accurate billing and organizational information
• Comply with export control and trade sanctions laws

13.2 Service Level Agreements

Corporate clients may enter into separate Service Level Agreements (SLAs) specifying:

• Uptime guarantees and remedies
• Support response times
• Data backup and recovery procedures
• Custom integration requirements

13.3 Data Processing Agreements

Corporate clients subject to GDPR or other data protection regulations may require separate Data Processing Agreements (DPAs) detailing:

• Data processing purposes and legal bases
• Data retention and deletion procedures
• Security measures and breach notification
• Cross-border data transfer safeguards

14. TRAINER-SPECIFIC TERMS

14.1 Content Creation Standards

Trainers must ensure their content:

• Meets professional educational standards
• Is original or properly licensed
• Complies with accessibility requirements
• Includes accurate course descriptions and learning objectives

14.2 Revenue and Compensation

• Trainer compensation terms are specified in separate agreements
• Revenue sharing percentages may vary based on trainer status and course performance
• Payment schedules and minimum thresholds apply
• Tax reporting responsibilities vary by jurisdiction

14.3 Content Management Rights

Finndemy reserves the right to:

• Review and approve course content before publication
• Modify course listings and descriptions for clarity
• Remove content that violates platform standards
• Set pricing guidelines and promotional policies

15. COMMUNICATION AND NOTICES

15.1 Electronic Communications

Users consent to receive communications from Finndemy electronically, including:

• Service announcements and updates
• Billing and payment notifications
• Marketing communications (with opt-out options)
• Legal notices and policy updates

15.2 Notice Requirements

Formal notices to Finndemy must be sent to: Email: legal@finndemy.com
 Mail: [Company Address]

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms constitute the entire agreement between users and Finndemy, superseding all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Assignment

Users may not assign their rights under these Terms. Finndemy may assign its rights and obligations with appropriate notice.

16.4 Survival

Provisions relating to intellectual property, privacy, disclaimers, limitation of liability, and indemnification shall survive termination of these Terms.

16.5 Updates to Terms

Finndemy may update these Terms periodically. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

17. CONTACT INFORMATION

For questions about these Terms or the Platform, contact us at:

General Inquiries: info@finndemy.com

Phone: +254719560656
 Business Hours: Monday-Friday, 9:00 AM – 5:00 PM [EAT]

By using the Finndemy platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

This User Agreement is effective as of [Date] and supersedes all previous versions. Please review these Terms regularly for updates and changes.