1 Registration and Access
1.1 Age Requirement:
To access and use the Services, you must be at least 13 years old. Individuals under 18 must have permission from a parent or legal guardian.
1.2 Representation:
By using the Services, you represent that you either are of the required age or have obtained the necessary permission. If you're accessing the Services on behalf of someone else, you confirm having the authority to agree to these terms on their behalf.
1.3 Account Information:
During registration, it's essential to provide accurate and current details. Any changes in information should be updated promptly.
2 Subscription Model and Billing Terms
2.1 Product Description
Our "Training" product is offered with various Service Levels as detailed in the Service Description Matrix. Customers can choose to subscribe to any of these Service Levels based on their needs.
2.2 Subscription Basis
The product is billed on a per User per month basis, with a minimum subscription requirement of 50 Users, irrespective of the Subscription Service Level subscribed.
2.3 Service Level Changes
Customers may choose to upgrade or downgrade their Service Level at any time. Charges for upgrades will be applied immediately upon the change, and prorated to the end of the current billing period. Downgrades will take effect and be reflected in charges from the commencement of the next billing period.
2.4 User Changes
Customers have the flexibility to increase or decrease the number of Users within their subscription. Charges for increases in Users will be applied immediately, while decreases will be reflected in charges from the next billing period.
2.5 Sessions
Our Training product utilises "Sessions" as a key metric. Each Session represents an indivisible 10-minute block of time with our digital human trainer. Each User subscription includes a set number of Sessions. Collectively, all User Sessions form a "Pool of Sessions" that is available to the Customer. This is explained in more detail as a dedicated section in these Terms.
2.6 Bulk Sessions
Customers have the option to purchase additional Sessions in bulk. These additional Sessions will be added to the Customer's Pool of Sessions.
2.7 Acknowledgment of Features
By subscribing to aService Level, Customers confirm their understanding of the features, benefits, and limitations of that specific level as outlined in the Service DescriptionMatrix.
3 Early Adopter Program Terms
3.1 Introduction
We proudly offer an"Early Adopter" subscription service level designed for pioneering customers who believe in the potential and utility of our Service. Subscribing to this level signifies the customer's intent to embark on this innovative journey with us.
3.2 Benefits
As an esteemed EarlyAdopter, customers have the choice of two exclusive subscription benefits:
i. 12-MonthSubscription (Paid Monthly): Early Adopters commit to a 12-month term, with monthly billing cycles. In appreciation for this commitment, an extra three months of service is granted at no additional charge.
ii. 12-MonthSubscription (One-Time Payment): For those opting for a one-time upfront payment covering the entire 12-month term, they will be awarded 50% additional sessions throughout their subscription duration, and they will also receive an extra three months of service, granted at no additional charge
3.3 Expectations
As an integral part of the Early Adopter program, customers acknowledge and accept that:
i. Some functionalities may not be immediately available.
ii. There might be occasional performance issues or aspects of the user experience that might be less refined.
3.4 Participation
The Early Adopter subscription lasts for an initial period of three months. During this period, customers agree to:
i. Actively participate in supporting the product development.
ii. Contribute to the evolution of the Service by providing feedback, which we highly value and consider for implementation.
3.5 Shared Vision
By subscribing to theEarly Adopter program, customers express their trust and confidence in our vision. They agree to stay committed, collaborate, and actively contribute to the realisation of our shared goals.
3.6 Duration
The “Early Adopter”Program has a finite duration established by Interactive Instructors. Once the finish date is reached, the Early Adopter program is no longer available. The final date for the “Early Adopter” period is determined by InteractiveInstructors.
4 Upgrades During Early Adopter Period
4.1 Upgrade Timeframe:
Customer scan upgrade their service level subscription for a Service within the EarlyAdopter program until the cut-off date specified by Interactive Instructors.
4.2 Benefits Honouring:
Subscription upgrades executed before the cut-off date will honour all benefits associated with the chosen subscription model:
i. Any additional benefits, such as the complimentary three months for the 12-MonthSubscription (Paid Monthly) or the 50% additional sessions for the 12-MonthSubscription (One-Time Payment), will be applied to the upgraded subscription.
ii. The subscription renewal date will be adjusted to reflect the date of the subscription upgrade.
iii. Any pre-paid services that have not been utilized at the time of the subscription upgrade will be prorated accordingly.
4.3 Upgrades After Cut-off Date:
For customers opting to upgrade their Service subscription level or number of users after the Early Adopter cut-off date, the following rules come into effect:
i. 12-MonthSubscription (Paid Monthly): The renewal date for all Users will be reset, commencing a fresh 12-month cycle from the date of the upgrade. Any residual value or unused portion of the added three months from the original subscription will not be carried over and will be forfeited.
ii. 12-MonthSubscription (One-Time Payment): Existing Users at the time of upgrade will receive a calculation of their Session pool increased by 50%. Any new additional Users added after the cut-off date will have their additional sessions calculated as per the standard rates outlined in the Service DescriptionMatrix.
5 Usage Requirements
5.1 Using the Services
- Account Responsibility: You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees, or a third party. We are not responsible for unauthorized access to your account.
- Accurate Information: You must provide accurate and complete information when creating and updating your account. You are responsible for maintaining the confidentiality of your account and password.
- Appropriate Use: You may not use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, or impair the functioning of the Services.
- Technical Requirements: Ensure your systems and network configurations adhere to the technical requirements we provide. This is to ensure compatibility and optimal performance of the Services.
- No Reselling: Unless explicitly agreed upon, you may not resell or sublicense the Services to any third party.
- Service Limitations: You acknowledge that the Services have limitations, such as limited storage capacities, and you agree not to exceed these limitations or attempt to circumvent them.
- Feedback: While you are not obligated, any feedback, comments, or suggestions you provide about the Services is voluntary and we will be free to use such feedback as we see fit and without any obligation to you.
- No Reverse Engineering: You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Services, except to the extent applicable laws specifically prohibit such restriction.
- Competitive Usage Prohibition: You may not use the Services, or any output or results from the Services, to develop or improve a competitive product or service that directly competes with our offerings.
6 Organisational and Individual User Acceptable Use
6.1 Organisational Acceptance
By signing up for our service, the customer organization agrees to adhere to the principles of acceptable use as outlined herein. The organisation commits to ensure that its staff are made aware of, understand, and abide by these principles in their entirety.
6.2 Individual User Acceptance
Eachindividual user from the customer organisation is required to accept and agree to a User-Level Acceptable Use Policy before accessing and using the Service.This policy will detail specific behaviours that are deemed unacceptable and may not be explicitly listed in the organizational agreement.
6.3 Feedback and Continuous Improvement
We acknowledge that our AI-driven service may have inherent limitations and may not always respond in a manner that meets all expectations. We urge users to approach the service with an understanding of these limitations. Should any user find the AI's response to be inappropriate or unsatisfactory, instead of taking offense, we request that feedback be provided through the appropriate channels. Such feedback is invaluable to us and will be used to continuously improve the accuracy, relevance, and appropriateness of the AI's responses.
6.4 Mitigation of Misuse
Thecustomer organisation agrees to actively mitigate any misuse of our Service by its staff. In the event that any individual user's behaviour deviates from theUser-Level Acceptable Use Policy, the organization is expected to take appropriate remedial actions.
6.5 Public Communication
To avoid misunderstandings or misrepresentations in the public domain, the customer organisation agrees not to sensationalise or mischaracterise any unintended AI responses. Collaborative feedback is encouraged, and public communication regarding any perceived AI missteps should be approached with fairness, accuracy, and a spirit of constructive criticism.
7 Prohibited Activities
7.1 Legal Compliance
You agree not to use the Services for any purpose that is illegal, unlawful, or prohibited by these Terms, conditions, or any applicable laws, rules, or regulations globally. You are solely responsible for ensuring that your organisation’s use of the Services complies with all local, national, and international laws.
7.2 Prohibited Content
You may not store, transmit, or distribute images, data, or content through the Services that:
- Is illegal or promotes illegal activities.
- Violates the rights of any third party, including but not limited to copyright, trademark, privacy, and publicity rights.
- Could give rise to criminal or civil liability.
7.3 Malicious Activities
The use of theServices for malicious purposes is strictly prohibited. This includes:
- Harming or attempting to harm minors in any way.
- Transmitting viruses, malware, or any other malicious or harmful code.
- Committing or assisting in electronic fraud.
7.4 Harassment and Abuse
You may not use theServices to harass, threaten, or defame any person or entity. You may not use the Services to promote violence, discrimination, or bigotry.
7.5 Service Integrity
You may not attempt to disrupt the integrity or performance of the Services, including attempting unauthorised access or conducting any form of network attack.
7.6 Enforcement
Violations of thisAcceptable Use Policy may result in the suspension or termination of your access to the Services. We reserve the right to investigate potential breaches of this Policy and to involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
8 Use andLimitations of Generative AI
8.1 Recognition of AI Technology
The customer acknowledges that our service utilises generative AI technology, which involves the interaction with multiple AI partners to create an engaging and effective training experience through our digital human.
8.2 Effort to Ensure Safety
We have implemented our "Interactive Safety" engine that strives to maintain conversations within appropriate and predetermined limits. Our aim is tosafeguard against potentially sensitive, socially unacceptable, or undesirable narratives.
8.3 Inherent Uncertainties with AI
The customer understands that, due to the inherent nature of generative AI technology, it can produce varied outputs for similar inputs, and there's a potential, alblit unintended, for it to be steered into producing content that may be inappropriate or contrary to our desired guidelines.
8.4 Reporting Mechanism
Should users encounter any content or responses they deem inappropriate or off-topic, we have established a reporting system in place for them to notify us. This feedback is invaluable in our continuous improvement process to refine and better our AI interactions.
8.5 No Absolute Guarantee
While we make earnest efforts to ensure the quality and appropriateness of AI responses, we cannot guarantee the output of every interaction. Customers agree to use our service with the knowledge of these inherent challenges and realities of generative AI technology.
8.6 Acceptable Use Policy
Users are strictly prohibited from intentionally manipulating or coercing the digital human into generating or expressing inappropriate, offensive, or harmful content. Engaging in such activities is a violation of our Acceptable Use Policy, and appropriate actions will be taken against violators, which may include suspension or termination of access to our services.
9 Sessions
9.1 Understanding Sessions
Sessions is the term we use to describe the streaming of a Digital Human (as a resource) to the User’s InteractiveInstructor browser session. Sessions are used as the primary accounting method for delivering the Interactive Instructor services (our products) to internal Users or external contacts, dependent on the service.
Each Session represents an indivisible10-minute block of time for streaming each Digital Human. Each session is active irrespective of the perceived activity of the Digital Human, even if theDigital Human appears to be inactive. The reason for this is that the inactive state is a conversational pause, not a pause in the streaming of the DigitalHuman image.
Our Digital Humans are created by high fidelity generative AI, which is always generating natural movements for the DigitalHuman, so even when not speaking or in an “inactive” state, the Digital Human is still streaming.
9.2 Pausing Sessions
Sessions can be paused within their 10 minute block, but the 10-minute block consumption minimum applies.
If a User pauses the Digital Human active in a session, the Digital Human continues to consume the 10-minute session minimum block. Hence, Users need to be respectful of their time and engagement with the Digital Human as a paid-for resource belonging to the organisation.
9.3 Browser Refreshing
Refreshing the browser terminates any existing sessions regardless of the state of the session or service, and commences a new session, thereby consuming additional sessions.
Interactive Instructors cannot prevent users from refreshing their browser.
9.4 Digital Human Usages
Digital Humans are utilised across our range ofProducts, and are utilised to provide natural human computer interactions, and at times multiple Digital Humans may be presented to the User as part of increasing engagement effectiveness.
9.5 Pooling Sessions
Each subscribed User count includes a predefined number of Sessions that are automatically pooled into a single block for your organisation to consume. Collectively, all User Sessions form a "Pool ofSessions" that is available to the Customer.
Sessions consumed by Digital Human usage are deducted from the pooled sessions. Organisations need to establish a baseline for session usage based on the consumption of the Interactive Instructor service.
9.6 Subscribing to Additional Sessions
Customers can subscribe to addition sessions to top up their session consumption based on their usage. Additional sessions are subscribed on a monthly basis, and are renewed each month regardless of the consumption level of previous months.
Additional Sessions do not roll over into future months. The sessions are consumable for each month only.
10 Subscription Term and Cancellation
10.1 Subscription Payment Models
The followingsubscription models are available:
· Month-to-MonthSubscription
This model allows subscribers to access our Services on a rollingmonthly basis.
· 12-MonthSubscription (Paid Monthly)
Subscribers commit to a 12-month term but are billed on a monthly basis.As an added benefit, subscribers under this model will receive an extra monthof service at no additional cost.
· 12-MonthSubscription (One-Time Payment)
Subscribers commit to a 12-month term and make a single upfront paymentfor the entire term. In recognition of this commitment, subscribers willreceive 20% additional sessions during their subscription period.
10.2 Early Adopter Program
Subscriptions forEarly adopters have addition benefits. Please refer to the Clause “EarlyAdopter Program Terms”.
10.3 Cancellation
· By Customer:
i. If acustomer wishes to cancel their subscription due to reasons attributable tothem, they are obligated to pay any remaining amounts due for their chosensubscription term in full.
ii. For the12-Month Subscription (Paid Monthly) and the 12-Month Subscription (One-TimePayment), customers are required to honour the full 12-month commitmentirrespective of the payment mode.
· By Interactive Instructors:
i. We reservethe right to terminate a subscription if deemed necessary. However, if thetermination arises due to issues on our part, customers will be given a 30-dayadvance notice.
ii. Forcustomers under the 12-Month Subscription (One-Time Payment), a prorated refundfor the unused portion of the term will be provided in such cases.
10.4 Changes to Subscription
Customers wishing tochange their subscription model can do this at any time, online through theService billing page in the profile.
11 Fees and Payments (Interactive Instructors)
11.1 Direct Billing
- Payment Obligation: You are obligated to settle all fees associated with your account, commonly referred to as "Fees". The amount and frequency of these Fees are determined by the listed prices on our dedicated pricing page or as might be decided upon mutually between you and our organization in a written format.
- Pricing Rectifications: Occasionally, there might be errors or discrepancies in our pricing. Even if you have already received an invoice or settled a payment, we reserve the right to rectify any such inaccuracies.
- Billing Information: It is crucial for you to ensure that your billing details, especially the payment method, are current and valid. Any discrepancies can lead to disruptions in your access to our services.
- Recurring Payments: We will process the charges on a periodic basis as per our agreement. However, there might be reasonable adjustments to the exact billing date.
- Payment Authorization: By using our services, you grant explicit permission to both Interactive Instructors, its affiliated organisations, and any third-party payment processors we use, to debit your account for the due Fees.
- Payment Delays: Should any issues arise with your payment, we will promptly notify you in writing. If unresolved, this could lead to a temporary suspension of our services until the outstanding payment is cleared. All payments are expected to be made in U.S. dollars immediately upon receipt of an invoice. Refunds, if any, will strictly adhere to the stipulations of this Agreement.
11.2 Taxes and Additional Charges
- Tax Exclusion: The Fees quoted usually exclude all forms of taxes, duties, or other related charges ("Taxes"), unless expressly mentioned.
- Tax Responsibility: You hold the sole responsibility for any Taxes that might accrue due to your purchases, barring Taxes based on our net income. We maintain the right to bill you for these Taxes.
- Address and Taxation: The name and address associated with your account registration are used to determine the applicable taxation jurisdiction. It is imperative to keep this information accurate and current.
11.3 Adjustments to Pricing
- Notification of Changes: We may revise our prices at our discretion. Notifications regarding such changes will be communicated to you via your account and/or our official website.
- Effective Dates: Any hike in prices will come into effect after 14 days post-notification.
11.4 Discrepancies and Overdue Payments
- Dispute Protocol: Should you have reservations regarding any of the Fees or Taxes levied, you must address them by reaching out to accounts@interactiveinstructors.com within a 30-day window from the date on the invoice in question.
- Late Fees for Interactive Instructors: Any undisputed amounts that remain unpaid post their due date will incur a finance charge, calculated at 2.5% of the outstanding sum per month.
- Suspension on Non-Payment: Overdue amounts might result in a suspension of your access to our services. You will receive a written notice before any such suspension.
12 Reseller Involvement
This clause isapplicable if the Services are purchased through an authorised InteractiveInstructor Reseller.
12.1 Reseller Billing
You will pay all feescharged to your account by the Reseller as determined by your agreement withthem. The Reseller will be responsible for managing and processing yourpayments and addressing any billing disputes or discrepancies.
12.2 Reseller Taxes
Fees charged by theReseller do not include federal, state, local, and foreign taxes, duties, andother similar assessments. You are responsible for all such taxes associatedwith your purchase from the Reseller, excluding those based on the Reseller'snet income. Ensure to consult with the Reseller on tax-related matters.
12.3 Reseller Price Adjustments
The Reseller mayadjust its prices based on the terms of your agreement with them. Any pricechanges or adjustments are at the discretion of the Reseller and should beaddressed directly with them.
12.4 Reseller Discrepancies and Overdue Payments
All matters pertainingto billing discrepancies, late fees, and suspensions due to overdue paymentsare governed by your agreement with the Reseller. Direct all related inquiriesand disputes to the Reseller. Interactive Instructors will only intervene ininstances of Reseller non-payment.
12.5 Suspension due to Reseller Non-payment
If the Reseller doesnot make due payments to Interactive Instructors for services rendered to you,Interactive Instructors reserves the right to suspend your access to theServices until payment discrepancies are resolved.
12.6 Transfer of Subscription
· Request for Transfer: You may request a transfer of yoursubscription to Interactive Instructors directly or to another authorisedInteractive Instructor Reseller at any stage during your subscription period.
· Transfer Procedure: Upon approval of your transfer request, youwill be responsible for manually setting up your environment on the destinationservice. The destination service could be with Interactive Instructors directlyor with another authorized Reseller.
· Support During Transfer: Interactive Instructors can provide necessarysupport and guidance during this process to ensure a smooth transition.However, the onus of successful setup post-transfer rests with you.
13 Intellectual Property Rights
13.1 Customer-Created Content
Any content, data, ormaterials generated, uploaded, or created by the customer during the use of theService remains the sole property of the customer. The customer retains allintellectual property rights, including copyrights, trademarks, and other proprietaryrights in and to such content.
13.2 Interactive Instructor-Provided Content
All content, data, ormaterials provided, generated, or made available by the Interactive Instructor,including responses, guidance, and training materials, are the exclusiveproperty of [Your Company Name]. The customer acknowledges and agrees that all intellectualproperty rights in such content belong to [Your Company Name] and may not becopied, reproduced, distributed, or used in any way without explicit writtenconsent from [Your Company Name].
13.3 Service Intellectual Property
All rights, titles, and interests in and to the Service, including but not limited to its design, structure, expression, method of delivery, underlying technology, know-how, and any associated content or materials, are and will remain the exclusive property of [Your Company Name]. The customer acknowledges that the Service and its related content and materials are protected by copyright, trademark, and otherl aws of [Your Jurisdiction] and foreign countries.
13.4 Reverse Engineering
The customer agrees not to, and will not permit any third party to, reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or underlying structure or algorithms of the Service.
14 Confidentiality and Data Protection
14.1 Interactive Instructors' Slides and Presentations
Slides and presentations made public by Interactive Instructors are the exclusive property of Interactive Instructors. These slides and presentations are consideredConfidential Information, and they may not be shared, copied, adapted, or used in any manner without the express written permission of InteractiveInstructors.
14.2 Customer-Generated Content
Customers may use theService to create their own slides and presentations. These presentations are deemed to be the confidential property of the Customer and are viewable only within the Customer's organization. Interactive Instructors undertakes to treat these presentations as Confidential Information. Any unauthorized disclosure, reproduction, or use of such presentations is strictly prohibited.
14.3 General Confidentiality Obligations
You may be given access to Confidential Information of Interactive Instructors, its affiliates, and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not discloseConfidential Information to any third party, and you will protect ConfidentialInformation in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. ConfidentialInformation does not include information that:
i. is or becomes generallyavailable to the public through no fault of yours;
ii. you already possess without anyconfidentiality obligations when you received it under these Terms;
iii. is rightfully disclosed to youby a third party without any confidentiality obligations;
iv. you independently developedwithout using Confidential Information.
14.4 Legal Disclosure
You may discloseConfidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to InteractiveInstructors and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
15 CustomerSecurity Responsibilities
15.1 Maintaining a Secure Environment:
Customers are responsible for maintaining a secure environment within their own networks and systems. This is essential to prevent potential security breaches that might lead to unauthorized access or attacks on our Service. Any failure on the part of the Customer to maintain such an environment will be considered a violation of these Terms.
15.2 Protection of Credentials:
Customers are required to ensure that all credentials used to access our Service are kept confidential and secure. This includes usernames, passwords, API keys, and any other form of identification. Customers should take all necessary steps to prevent any unauthorized disclosure or use of these credentials.
15.3 Use of Multi-factor Authentication:
To enhance security,Customers are strongly encouraged to utilize multi-factor authentication (MFA)methods when accessing our Service. Implementing MFA adds an additional layer of security that can significantly reduce the risk of unauthorized access by third parties. Failure to use MFA, especially in instances where sensitive data is being handled, may result in increased vulnerability to potential security breaches.
15.4 Reporting Security Incidents:
In the event that aCustomer becomes aware of any unauthorized access to our Service or any other potential security incident affecting our Service due to vulnerabilities in their own environment, they are required to immediately notify InteractiveInstructors. This will allow both parties to take appropriate measures to mitigate any potential harm.
15.5 Compliance with Recommendations:
From time to time,Interactive Instructors may provide Customers with security recommendations orbest practices. Customers are expected to adhere to these recommendations to ensure a consistent level of security is maintained while using our Service.
16 Term and Termination
16.1 Termination; Suspension.
· These Terms become effective upon your first use of the Services and continue until terminated by either party.
· You may terminate these Terms at any time by discontinuing use of the Services and Content.
· We reserve the right to terminate these Terms for any reason by providing at least 30 days’ advance notice.
· Immediate termination may occur upon notice if you:
i. Materially breach Sections 3 (Usage Requirements), 4 (Acceptable use Policy), 6 (Fees andPayments), 7 (Confidentiality and Data Protection), 8 (Dispute Resolution), or anyGeneral Terms.
ii. Due to unforeseen changes in relationships with third-party technology providers beyond our control.
iii. To comply with legal obligations or government requests.
· We may suspend your access to the Services for:
i. Non-compliance with these Terms;
ii. Non-payment of Fees
iii. User breach of Acceptable use Policy
iv. If your use poses a security threat to us or any third party.
v. Suspected fraudulent activities or any actions that could subject us or any third partyto liability.
16.2 Effect of Termination
Upon termination:
i. you shall cease all use of the Services.
ii. You are required to promptly return or, upon our directive, destroy any ConfidentialInformation in your possession.
iii. Any outstanding payments or obligations at the time of termination shall become immediately due and payable.
iv. Provisions that by their nature should remain in force post-termination will survive, including but not limited to Sections 4 and 7-9.
17 Privacy and Data Protection
17.1 Storing Personal Information
InteractiveInstructors acknowledges that the Services may be used to store personal information. Such data is fully encrypted at rest with unique encryption keys and in transit using TLS encryption.
17.2 Data Processing
For the provision and execution of some services and processes, Interactive Instructors may process personal information. This processing is done in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
17.3 Generative AI Partners
Any personal information utilized by our generative AI partners is processed in anon-stateful manner and is not utilized for the enhancement or improvement of any large language model.
17.4 User Identities
Identities of ourusers are encrypted as described above, ensuring the utmost confidentiality.Interactive Instructors is committed to maintaining strong privacy controls toprotect our users and their data.
17.5 Compliance with GDPR
InteractiveInstructors confirms its commitment to GDPR compliance. We only processpersonal data in accordance with the principles laid out in the GDPR, ensuringlawful, fair, and transparent processing. Personal data is only collected forspecified, explicit, and legitimate purposes and not further processed in amanner incompatible with those purposes. Interactive Instructors ensures thatpersonal data is accurate, kept up to date, and stored no longer thannecessary. Adequate, relevant, and limited data is processed in relation to thepurposes for which they are processed.
17.6 Rights of Data Subjects
InteractiveInstructors respects the rights of data subjects as provided by the GDPR. Thisincludes the right to access, rectify, erase, restrict, transfer, or object tothe processing of their personal data. Data subjects may exercise their rightsby contacting us through the provided communication channels.
17.7 Updates to Privacy Practices
InteractiveInstructors may periodically update its privacy practices. When significantchanges are made, users will be notified through appropriate channels. It'sessential for users to review such updates to stay informed about how weprocess and protect personal data.
18 Indemnification, Disclaimer, and Limitations on Liability
18.1 Indemnity
You commit to defend, indemnify, and keep us, our affiliates, and our personnel unscathed from any claims, damages, or costs (including reasonable attorneys' fees) stemming from your utilization of the Services. This includes, but is not limited to, content you submit, products or services you design or provide through the Services, and any violation of these Terms or pertinent laws.
18.2 Disclaimer of Warranties
The Services we offer are presented "AS IS." To the degree barred by law, neither we nor our affiliates or licensors provide any guarantees, be they direct, implied, statutory, or otherwise. We expressly renounce all such warranties, which include but aren't restricted to, guarantees of merchantability, appropriateness for a specific use, satisfactory quality, non-infringement, and uninterrupted use. We cannot assure the continuous, error-free operation of our Services, nor can we guarantee that the content will remain secure, or that it won't be lost or modified.
18.3 Limitations on Liability
Neither we, our affiliates, nor our licensors bear responsibility for any consequential, indirect, incidental, or special damages. This comprises damages arising from loss of data, profits, or goodwill. The total combined liability we hold under these Terms is strictly limited to the higher of the amount you remitted forthe Service that led to the claim in the preceding 3 months or one thousand dollars ($1000). The restrictions in this section are only enforceable to the fullest extent sanctioned by the prevailing law.
18.4 Mandatory Arbitration
Any disputes or claimsrelated to these Terms or our Services will be conclusively resolved via arbitration, but you reserve the right to opt out of these arbitrationprovisions by completing the provided form within 30 days of consenting tothese terms.
18.5 No Class Actions
We require that disputes be raised on an individual basis only. Joining or consolidating claims in any class or representative action, either as a plaintiff or class member, is prohibited. In the event a dispute is taken to court instead of arbitration, both parties irrevocably forgo any right to a jury trial. This clause doesn't hinder either party from participating in a class-wide settlement.
18.6 Mass Filings
In situations where 30or more similar arbitration demands are presented against InteractiveInstructor or related entities by coordinated or identical legal counsel orentities, a unique procedure will be followed involving Initial Test Cases anda Mediation Period as outlined above.
19 Information Security
19.1 Overview
We prioritise the security and integrity of the data entrusted to us. Our security protocols andpractices reflect our commitment to ensuring that our users' information remains confidential, uncompromised, and protected.
19.2 Alignment with International Security &Risk Management Standards
We align our practicesand protocols with several recognised international standards, including butnot limited to ISO27001, SOC2 Type 2, NIST, and CCA. Our adherence to theseguidelines showcases our dedication to maintaining the highest security standards.
19.3 Techtype Platform Security
The Techtype platform,which underpins our services, has been meticulously engineered with robustsecurity mechanisms. These mechanisms are not only in place to guarantee theconfidentiality of data but also to shield it from potential threats andbreaches.
19.4 Secure Development Practices
Our commitment tosecurity transcends our platform's architecture. Our software development processes are deeply rooted in secure development practices, which include ourSecure Software Development Lifecycle (SDLC), Secure Software DevelopmentMethodology (SDM), and adherence to our internal security standards. These measures ensure that every aspect of our software development emphasises and integrates security.
19.5 Utilisation of AWS Services
Leveraging both AWS Serverless and server-based services ensures that our operations benefit fromAmazon Web Services' vast security infrastructure. These AWS services areISO27001 certified, further enhancing our platform's security stature.
19.6 Additional Cybersecurity Measures
In addition to the above, we adopt several other best-in-class cybersecurity practices which include:
i. Regular security audits and penetrations tests to proactively identify vulnerabilities
ii. ActiveInformation Security Management System for risk management
iii. Stringent role based access control
iv. Isolated environments
19.7 Continuous Improvement:
Security is an evolving challenge. As such, we constantly review, adapt, and upgrade our cyber risk and cybersecurity measures to stay ahead of potential threats and to ensure our platform, users' trust and data safety.
20 General Terms
20.1 Severability
If any provision of these Terms is found by a competent court to be illegal or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
20.2 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (except for any payment obligations) due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
20.3 Modifications
· We may amend these Terms from time to time by posting a revised version on our website.
· If an update materially adversely affects yourrights or obligations under these Terms, we will provide notice to you eitherby emailing the email associated with your account or by providing anin-product notification.
· Changes that materially adversely affect yourrights or obligations will become effective no sooner than 30 days after wenotify you.
· All other changes will be effective immediatelyupon posting or as otherwise specified in the notification.
· Your continued use of the Services after anychange indicates your acceptance of and agreement to such changes.
20.4 Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. Both parties consent to the exclusive jurisdiction and venue of the courts located in Auckland, New Zealand, for any disputes arising out of these Terms.
20.5 No Waiver
The failure of either party to exercise any right provided for herein shall not be deemed a waiver ofany further rights hereunder.
20.6 Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
20.7 Entire Agreement
These Terms, togetherwith any other agreements or terms incorporated by reference herein, representthe entire agreement between you and us regarding the subject matter hereof andsupersede all prior or contemporaneous representations, understandings, agreements,or communications between you and us, whether written or verbal, regarding suchsubject matter.
20.8 Notices
All notices underthese Terms will be in writing and will be deemed to have been duly given whenreceived, if personally delivered or sent by certified or registered mail,return receipt requested; when receipt is electronically confirmed, iftransmitted by facsimile or e-mail; or two days after it is sent, if sent fornext day delivery by recognized overnight delivery service.
20.9 Independent Contractors
The relationshipbetween you and us is that of independent contractors, and not legal partners,employees, or agents of each other.
20.10 Third-Party Beneficiaries
These Terms are for the benefit of the parties and do not confer any rights or benefits on anythird party unless it expressly states that it does.
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