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Terms of Use

Last updated July 15, 2023

Effective from 25th May 2019.

PLEASE READ THIS DOCUMENT CAREFULLY :

It's essential that you take the time to carefully examine these Platform Terms of Service ("Terms"). By creating an account, or through the act of accessing or utilizing the Platform (further clarified below), you are signifying that you have read, comprehended, and, as a prerequisite to your usage or access of the Platform, are consenting to be obligated by these Terms. These Terms constitute a legal contract between you and FreshLearn, Inc, along with our affiliated organizations (jointly referred to as "FreshLearn", "we", "us", or "our").

By accessing, using, or interacting with any aspect of the FreshLearn platform, including our website, mobile applications, or any other service provided by FreshLearn, you unconditionally agree to be bound by these Terms of Use, which form a legally binding agreement between you and FreshLearn. If you do not agree with any part of these Terms of Use, you should cease use of the FreshLearn platform immediately.

The Terms of Use, along with our Privacy Policy and any other policies referenced herein, govern your use of the FreshLearn platform and all services provided by FreshLearn.

FreshLearn may revise, modify, or update these Terms of Use at any time. The updated version of these Terms will be posted on our website. Your continued use of the FreshLearn platform after any changes to these Terms of Use signifies your acceptance of the updated Terms of Use. It is your responsibility to periodically check these Terms of Use for any changes. If you do not agree with any changes to these Terms of Use, your sole remedy is to cease using the FreshLearn platform.

Let's take a moment to clarify some definitions that will assist in understanding these Terms. FreshLearn provides a SaaS online platform that enables you to establish and host your online business to sell digital products to your “customers”. The platform is completely maintained by the FreshLearn team (https://freshlearn.com)

1. Account

1.1 Eligibility

  • Successfully complete the signup process for your Account.
  • By using the Platform, you agree to abide by these Terms, as well as any additional terms, conditions, and policies mentioned within these Terms.
  • Provide accurate, complete, and current contact and billing information.
  • Your use of the Platform must comply with applicable laws. If you are situated in a country that the United States has placed an embargo on or if you are listed on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you are prohibited from using the Platform.
  • By utilizing the Platform, you confirm and guarantee that you satisfy all the aforementioned requirements and commit to using the Platform in a manner that adheres to all applicable laws and regulations.
  • FreshLearn, Inc reserves the right to deny service to any individual for any reason, close the Accounts or modify eligibility criteria at any time.

FreshLearn, Inc reserves the right to deny service to any individual for any reason, close the Accounts or modify eligibility criteria at any time.

1.2 Account Management

  • Every individual who signups to FreshLearn platform has access to different features based on the plan the user picks up. Initially for 14 days you will have access to most of the features as part of Free Trial.
  • Based on your pricing plan, you can authorize employees or independent contractors acting on your behalf and under your direction (referred to as "Admin Users") to access and use your FreshLearn Account and/or the Platform, subject to compliance with these Terms. Each Admin User must provide their full legal name and a valid email address. By utilizing Admin Users, you can assign permissions and delegate specific access levels to individuals, allowing them to work within your FreshLearn Account and access relevant business information.
  • It is important to note that you will bear responsibility and liability for all actions taken by Admin Users accessing and using your FreshLearn Account and/or the Platform, ensuring their compliance with these Terms. Furthermore, you, rather than FreshLearn, are solely responsible and liable for any unauthorized access, activity, or use of your Account and/or the Platform, irrespective of whether you have authorized such activities. Safeguarding your password and any other credentials utilized by Admin Users to access your Account is your responsibility. FreshLearn shall not be held liable for any losses or damages resulting from your failure to maintain the security of your Account and access credentials.
  • If you become aware of any unauthorized access to your Account, you should notify FreshLearn immediately at support@freshlearn.com.

1.3 Backups

It is essential to create backups of all the information stored in your FreshLearn Account. As a user, it is your responsibility to ensure the maintenance, protection, and regular backup of your Content, as well as your Customer and Contact information. Please be aware that, within the limits allowed by applicable law, FreshLearn shall not be held liable for any inability to store, or for the loss or corruption of, such information.

2. Content

2.1. You understand and agree that FreshLearn is not a marketplace, and any sales contracts established through the platform are directly between you and your customers. As the seller of record for all courses and other offerings you sell through FreshLearn, you assume the responsibility for creating and operating your site, generating your content, and managing the courses and other offerings available on the platform. Additionally, you are accountable for all aspects of the transactions between you and your customers. FreshLearn acts as a facilitator, empowering you to efficiently connect with and serve your customers.

2.2. You maintain full ownership of all intellectual property rights in your Content when using FreshLearn. FreshLearn does not assert any ownership claims over your Content. It is your sole responsibility to manage your Content and be aware of the outcomes that may arise from posting or publishing it.

2.3. Fees of your digital products is solely your responsibility. FreshLearn is not responsible in any way for the fees you setup for digital content.

2.4. You warrant that you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Platform; and (b) none of your Content or your Customers’ use of your Content or the Platform will violate any applicable laws, any third-party intellectual property, privacy, publicity, or other rights

2.5. FreshLearn is not obligated to review your content.

3. Fees

3.1. FreshLearn uses Stripe as payment processor. FreshLearn pricing plans are subscription plans. You can pick them for monthly or annually and they are automatically charged on the payment frequency picked by you during payment. If payment fails, then the access to the account will be suspended for admins as well as for your student accounts.

3.2. We maintain your comprehensive payment details, such as non-sensitive partial credit card numbers and expiration dates, via our third-party service providers (Stripe and PayPal). Access to this information is restricted, and we only use the methodical procedures provided by the service providers. It is your responsibility to ensure your payment details are current by updating them in your Account.

3.3 Our Platform is charged on a subscription model ("Subscriptions"), with upfront payments on a regular, recurring basis, referred to as a "billing cycle". These cycles can be monthly or annually, contingent on the subscription plan you choose. At the initiation of every new billing cycle and upon purchase confirmation, we will debit your Approved Payment Method. Unless you terminate your Account, your Subscription will renew automatically upon the completion of each billing cycle.

3.4. FreshLearn reserves the right to modify the Fees at any point. Any alterations in pricing will be communicated to you beforehand, along with instructions, if necessary, on how to agree to these changes. For Subscriptions, any changes in pricing will be implemented at the commencement of the subsequent billing cycle after the date of the price change.

3.5. Refund Policy

1. Annual Plans

A. Creators on annual plans are entitled to a full no-questions-asked refund within fourteen (14) days of first signing up for an annual plan (provided it doesn’t fall into abuse of refund policy). Simply let us know in writing that You’re canceling the plan within fourteen (14) days of Your sign-up

2. Abuse of the Refund Policy

A. FreshLearn reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
B. There will be no refunds on the following scenarios.

  • If you are on monthly plan.
  • If the migration is initiated by our team.
  • There is an offer availed on the plans.
  • If its a plan renewal (yearly or monthly).

4. Data Protection

4.1. You affirm and guarantee that you bear the sole responsibility for adherence to all relevant data protection, security, and privacy laws and regulations, inclusive of any requirements for notice and consent. This covers all aspects, such as your collection and processing of personal data, the dispatch of marketing or other emails, and the use of cookies and similar technologies on your Sites. If mandated by law, you are obliged to provide your customers with a legally compliant privacy and cookie policy. Where necessary, you are also required to obtain lawful consent, for both your and our benefit, for the usage of any cookies or similar technologies on or through your Site.

5. Termination

5.1. Without limiting any other recourse at our disposal, we hold the right to suspend or terminate your account for any reason, without any prior notification, and at any time (unless legally obligated), particularly if we suspect that you have participated in fraudulent activities associated with the use of the Platform or have infringed these Terms in any manner. This applies to all users of FreshLearn.

5.2. Once your Account is terminated, you acknowledge and agree that we permanently delete your Account and all data associated with it, including your Contacts, your Content, and your Campaigns.

5.3. Your Site will be disabled, and your Customers will no longer have access to your Site or your Content.

6. Resolving Disputes and Arbitration

6.1. This Agreement will be regulated in line with the laws of the State of Delaware, or Hyderabad, India, disregarding any conflict of law principles. Any action originating from or connected to this Agreement must be filed solely in the state or federal courts located within the State of Delaware or Hyderabad, India. You agree to and accept the exclusive personal jurisdiction of these courts for the purpose of adjudicating any such action.

7. How to contact us

You can contact us at support@freshlearn.com