Terms of Use

Last Updated: 6 December 2024

Acceptance of the Terms

Welcome to Kognics LMS (the “Platform”), operated by [Kognics Inc.] (“Kognics,” “we,” “us,” or “our”). By accessing or using our online learning management system, mobile applications, associated websites, or any other platforms or services (collectively, the “Services”), you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms”), as well as our Privacy Policy, and any other applicable rules or guidelines posted on or within the Services. If you do not agree to these Terms, you may not access or use the Services.

Eligibility

You must be at least the age of majority in your jurisdiction or have obtained consent from a parent or legal guardian to use the Services. By accessing or using the Services, you represent and warrant that (a) you are at least the age of majority in your jurisdiction or have obtained such consent, (b) you have the right, authority, and capacity to agree to and abide by these Terms, and (c) your use of the Services does not violate any applicable laws or regulations.

User Accounts

To access certain features of the Platform, you may be required to create a user account (“Account”). When creating your Account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to immediately notify Kognics of any unauthorized use of your Account.

Use of the Services

License. Subject to these Terms, Kognics grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal,

non-commercial learning or, if applicable, for authorized professional training purposes.

Prohibited Conduct. You agree that you will not, and will not assist or permit any third party to:

• Use the Services for any illegal or unauthorized purpose, or engage in any activity that violates any applicable law or regulation.
• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable.
• Infringe upon any intellectual property or proprietary rights of Kognics or any third party.
• Interfere with or disrupt the integrity or performance of the Services, including by introducing viruses or other harmful code.
• Scrape, crawl, or use any automated means to access or collect content or data from the Platform without our express written permission.
• Reproduce, duplicate, copy, sell, trade, or resell the Services or any portion thereof for any commercial purpose without our express written permission.

Content Ownership and Intellectual Property

1. 1. User Content. You retain all rights in any content, including but not limited to text, images, videos, or other materials (“User Content”), that you post, upload, or otherwise make available through the Services. By submitting User Content, you grant Kognics a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content

for the purposes of providing the Services and as otherwise described in our Privacy Policy.

Kognics Content. All text, graphics, user interfaces, trademarks, logos, sounds, artwork, software, and other content provided by Kognics on the Platform (the “Kognics Content”) are owned or licensed by Kognics and are protected by intellectual property laws. Except as expressly provided herein, nothing in these Terms grants you any right to use Kognics Content. You may not copy, modify, distribute, or create derivative works of Kognics Content without our express written permission.

Payment and Fees

Some features of the Services, including certain courses or premium offerings, may require payment of fees. By purchasing such offerings, you agree to pay all applicable fees as described at the time of purchase. All payments are final and non-refundable except as required by applicable law or stated otherwise in these Terms. Kognics reserves the right to change its fees at any time, and will provide notice of any changes before they become effective.

Privacy and Security

Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our [Privacy Policy]. By using the Services, you agree to the terms of the Privacy Policy and acknowledge that you have reviewed it.

Third-Party Links and Services

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Kognics. We do not endorse or assume any responsibility for such third-party content. Accessing any third-party websites or resources is at your own risk, and you should review the applicable terms and privacy policies of any third-party services you use.

Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kognics does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any particular results will be achieved.

Limitation of Liability

To the fullest extent permitted by law, Kognics, its officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenues, data, or use arising out of or related to your use of the Services. In no event shall Kognics’ total liability exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the event giving rise to liability.

Indemnification

You agree to indemnify, defend, and hold harmless Kognics and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, fees, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use or misuse of the Services, or any breach of your representations and warranties under these Terms.

Termination

Kognics reserves the right, in its sole discretion, to suspend, disable, or terminate your access to all or any part of the Services at any time, with or without notice. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. Any provisions that by their nature should survive termination (including without limitation ownership, indemnification, disclaimers, and limitations of liability) shall remain in effect.

Changes to the Terms

We may revise these Terms from time to time at our sole discretion. If we make changes, we will provide notice by updating the “Last Updated” date above or by other means. By continuing to access or use the Services after the revised Terms have become effective, you agree to be bound by the updated Terms.

Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by the laws of [Jurisdiction], without regard to its conflict of laws principles. Any legal actions or proceedings shall be brought exclusively in the federal or state courts located in [City, State/Province, Country], and you consent to the personal jurisdiction of such courts.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Kognics relating to the subject matter herein and supersede any prior agreements or understandings.

Contact Us

If you have any questions about these Terms or the Services, please contact us at: dm@kognics.com