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Terms of Service

Please read these Terms of Service (collectively with Miholearn’s Privacy Policy located at https://www.miholearn.com/privacy, and, where applicable, Miholearn’s Data Processing Addendum located at https://www.miholearn.com/dpa, the “Terms of Service”) fully and carefully before using www.miholearn.com (the “Site”) and the services, features, content or applications offered by MihoLearn, Inc. (“MihoLearn”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

Definitions

  1. “Miholearn” refers to Miho Innovations Pvt Ltd, a company registered in Ahmedabad, India.
  2. “Subscription Service” or “Service” refers to the software, professional services, and technical support services provided by Miholearn at the website https://www.miholearn.com consisting of
    a. all proprietary technology (software, hardware, processes, algorithms, user interfaces, know-how, techniques, templates, designs, and other tangible or intangible technical material or information) of Miholearn,
    b. Service providers and licensors that enable Miholearn to provide the Subscription services.
  3. “Order Form” refers to the confirmation of the purchase of Miholearn from Customer, from a document that identifies the Subscription Service, Pricing Metrics, and Price signed by a duly authorized representative of the Customer and made available by Miholearn pursuant to this TOS.
  4. “Pricing Metrics” refers to the charges for the users and usage of the Subscription Service described in the Order Form or Pricing Page.
  5. “Party” refers to the business entity of either Miholearn or the Customer.
  6. “Customer Database” refers to the data records of the business stored in the customer data that is successfully connected to Miholearn software, which is to be classified as confidential information.

General Terms of Service

  1. These Terms of Service (“TOS”) constitute a single, legally binding document, governing the Customer’s use of the Service by the law of Ahmedabad, India, even though it is electronic and is not physically signed either by Customer or by Miholearn.
  2. Customer warrants that it is a legal entity in good standing in the jurisdiction of its formation.
  3. By accepting this TOS or by continuing to access or use the Service, Customer acknowledges that Customer has read, understood, and is agreeably bound by this TOS
  4. Miholearn’s failure to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
  5. From time to time, this TOS can be modified by Miholearn without prior notice and the TOS becomes effective from the date of posting. Customers can review the most current version of the TOS at any time here

Subscription Service

  1. Miholearn owns all rights, title and interest in and to the Subscription Services, including all related intellectual property rights. Miholearn reserves all rights not expressly granted to customers under this TOS.
  2. Subject to the TOS, Miholearn grants Customer a limited, worldwide, non-exclusive, non-transferable right for using  the paid Subscription Service solely in connection with the Customer’s internal business operations.
  3. Customer’s use of the Subscription Service includes the guaranteed right to avail all functionality available in the purchased Subscription Service as of the date specified in the Order Form, subject to the applicable pricing metrics based on users and software feature usage described on the Order Form.
  4. The service may be accessed and used by customers only for lawful purposes. and shall not mimic its functionality by creating derivative works based on the Service’s features, user interface or functionality pattern
  5. The right to alter the price, pricing metrics, pricing metric definitions, service offering, or add-ons at any time by sending email to the customer at least thirty (30) days in advance is reserved by Miholearn.

Billing and Fees

  1. The customer agrees to pay Miholearn the amount that is specified in the Order Form within the use of the applicable Pricing Metrics. Unless otherwise stated, all fees are non-cancelable and non-refundable.
  2. The customer’s subscription term shall be automatically renewed for a period equal to the initial term unless either Party notifies the other by email at least 30 days prior to the expiration of the then-current term.
  3. The transaction charge will be in United States Dollars.
  4. Customers are solely responsible for the payment of all taxes, assessments, tariffs, duties or other fees imposed, assessed or collected by or under the authority of any governmental body.
  5. The customer shall notify Miholearn within sixty (60) days from the invoice date if there’s a dispute on any charges. Miholearn reserves the right to revise prices by providing email to the Customer at least 30 days before the change is to take effect.

Credit Card Payments

  1. Credit Card payment mode is the default payment mode for customers not on the Enterprise Pricing Plan
  2. Customers must be authorized to use the credit card information submitted to create the billing account.
  3. Miholearn does not store credit card information on its servers.
  4. The customer hereby authorizes Miholearn to bill the Customer.
  5. Miholearn shall provide an invoice for each transaction made to the Customer credit card.
  6. By authorizing Miholearn to charge a credit card, you are authorizing Miholearn or a designated representative or agent to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs Miholearn of such new replacement card account), financial account, or billing account for all fees and charges associated with the Services. If the credit card information you provided is not valid, or if your credit card cannot be processed at the time of the renewal charge, Miholearn reserves the right to immediately terminate or suspend your access to the Services, in the case of termination thereby terminating this Agreement and all of Miholearn’s obligations hereunder.

Payment Methods

  1. All Subscription Services fees will be invoiced in advance as set forth in the applicable Order Form.
  2. Except as otherwise set forth in the applicable Order Form, Customer agrees to pay all invoiced amounts immediately after receiving the invoice.
  3. For international telegraphic transfers, Customer and Miholearn will be responsible for the transaction fees for each other’s own respective banks or financial institutions.
  4. If any amounts owed by Customer for the Service are overdue for at least thirty (30) days, Miholearn may, without limiting Miholearn’s other rights and remedies, suspend Customer’s access to the Services until such amounts are paid in full.

Customer Data, Feedback, and Metadata

  1. Miholearn does not own and shall not be responsible for any data, information, or material authorized by Customer to retrieve or submit to Miholearn in the course of using the Service (“Customer Data”).
  2. It is the sole responsibility of customers for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Miholearn shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
  3. The customer may provide Miholearn with feedback, suggestions, and ideas, if the Customer chooses, about the Service (“Feedback”).
  4. Customer agrees that the Feedback submitted to Miholearn
    a. Does not contain confidential or proprietary information and does not bind Miholearn underany obligation of confidentiality, express or implied
    b. May be used by Miholearn to reproduce, modify, create derivative works from, distribute, or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide without any obligation to provide attribution or compensation to Customer or any third party.

  5. Miholearn may monitor Customer’s use of the Services and use data related to Customer’s use in an aggregate and anonymous manner (“Metadata that is non-identifiable”), including to compile statistical and performance information related to the provision and operation of the Services. Miholearn retains all intellectual property rights in Metadata.

  6. . The customer agrees that Miholearn may make the Metadata publicly available, provided that such information does not incorporate any Customer Data and/or identify Customer or its Confidential Information.

Customer Support

  1. Customers can email Miholearn Customer Support ([email protected]) for software-related support, or request for assistance, guidance, and advice on the use of the software.
  2. The Miholearn support team is open from 10 am to 6 pm Indian Standard Time (GMT+5.5) from Mondays to Fridays, excluding Indian Public holidays.
  3. Miholearn can, with express written permission of the customer, access the Customer’s user account(s) to identify and resolve potential root causes and problems raised.

Account Information from Third Party Providers

  1. Customers may direct Miholearn to retrieve certain information maintained online by third-party providers that have a customer-vendor relationship with the Customer.
  2. By using the Service and providing Customer Access Information, Customer expressly authorizes Miholearn to access and use Customer Account Information maintained by identified third parties, on Customer behalf as Customer agent.
  3. Customer represents and warrants that neither the foregoing (or anything else in this ToS) nor Customer use of the Services will violate any agreement or terms to which Customer is subject, including without limitation, those with respect to any third-party site.
  4. The customer acknowledges and agrees that when Miholearn accesses and retrieves account information from third party sites, Miholearn is acting as a customer agent, and not as the agent of or on behalf of the third party.
  5. As such, Miholearn is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party services.
  6. Miholearn does not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by Miholearn at any time without notice to you.

Free Trial

  1. “Free Trial” refers to the use of Miholearn Subscription Service for free, for a period of time determined by Miholearn.
  2. Customer access to the Free Trial is limited to evaluating whether to purchase a subscription for Miholearn Service. Customers may not use the Free Trial for any other purposes, including but not limited to competitive analysis, commercial, professional or for-profit purposes.
  3. Miholearn has the right to terminate the Free Trial at any time. Unless Customers purchase a subscription for Miholearn Service, upon any such termination or expiration Customer Free Trial will cease and the Customer will no longer have access to any Customer Data used in connection with the Free Trial.

Termination

  1. We are ever-evolving and upgrading our features. We may add or remove them or stop providing them altogether. You are free to stop using our services at any time, however, we’ll be sorry to see our valued user leave. We are aware of the fact that you own your data and that preserving your access to the data is important. So in case of discontinuation of a feature, wherever reasonably possible, we will provide you with reasonable advance notice and hence a chance to preserve your data of that feature.
  2. Either party may terminate this ToS (including all related Order Forms) if the other party:
    a. fails to cure any breach of this TOS within thirty (30) days after email notice of such breach;
    b. ceases operation without a successor; or
    c. seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)).

  3.  Termination is not an exclusive remedy and the exercise by either party of any remedy under this ToS will be without prejudice to any other remedies it may have under this ToS, by law, or otherwise.

  4. All Customer Data on the Service (if any) may be permanently deleted after 90 days by Miholearn upon termination.

  5. Miholearn shall not be liable to Customer or any third party for any modification, suspension or discontinuation of the Service. All accrued rights to billing and payment shall survive the termination of this TOS.

Indemnification

  1. Customer, not Miholearn, shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Miholearn shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
  2. Customer will defend, indemnify and hold harmless Miholearn, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Customer’s use of the Service, Customer’s violation of this ToS, or Customer’s violation of any rights of a third party through the use of the Service.
  3. Customer agrees to indemnify and hold Miholearn harmless from and against any loss, cost, damage, and expense, including but not limited to attorney’s fees and court costs, arising directly or indirectly from the use of the Miholearn BI Service and/or Customer’s breach of any representation, warranty or restriction contained in this TOS.

Limitation of Liability

  1. Neither party shall be liable under this ToS for any of the following losses suffered or incurred by the other party (whether or not such losses were within the contemplation of the parties at the date of this ToS):
    a. loss of actual or anticipated profits (including loss of profits on contracts);
    b. loss of anticipated savings;
    c. loss of business opportunity;
    d. loss of reputation or damage to goodwill; and
    e. special, indirect or consequential losses.

  2.  Each party’s liability under this ToS in relation to liability arising from any given event or series of connected events shall be limited to the total amount paid by Customer in the twelve (12) months immediately preceding the month in which the event (or first in a series of connected events) occurred.

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