Learnexify TERMS OF SERVICE
These Terms of Service ("Terms") govern the relationship between Learnexify and its clients. By accessing or using Learnexify's Services, the client agrees to be bound by these Terms.
DEFINITIONS
For the purposes of these Terms of Service, the following terms shall have the meanings assigned to them below:
"Learnexify" refers to the platform, its owners, directors, employees, contractors, and affiliates responsible for providing the Services described in these Terms.
"Client" refers to any individual, organisation, institution, or business entity that has registered an account with Learnexify, subscribed to any of its plans, or entered into a service agreement with Learnexify. Where the client is an organisation, this term includes any authorised representative acting on its behalf.
"End Users" refers to any individuals who access or use the platform through the client's account, including but not limited to students, learners, employees, instructors, or any other persons granted access by the client. The client is fully responsible for the actions and conduct of all end users operating under the client's account.
"Services" refers to all products, features, tools, and offerings provided by Learnexify, including but not limited to the SaaS platform, managed services, integrations, and support, as further described in these Terms.
"Terms" refers to these Terms of Service, including any amendments, updates, or modifications made from time to time.
1. DESCRIPTION OF SERVICES
Learnexify provides a closed source Software-as-a-Service (SaaS) based Learning Management System (LMS) that enables organisations, institutions, and individuals to create, manage, host, and deliver online learning.
Under this model, Learnexify hosts and maintains the LMS infrastructure, while clients access the platform via the internet without needing to install or manage any underlying software or servers.
Our Services include, but are not limited to:
- Provision of a cloud-hosted LMS environment
- Course creation, management, and delivery tools
- User management, roles, and access control
- Assessment, grading, and reporting features
- Content hosting and storage (subject to plan limits)
- System maintenance, updates, and performance monitoring
Depending on the client’s selected plan, Services may include limitations on storage, number of users, features, and customisation capabilities.
We may also:
- Offer time to time trial access or subscription-based plans
- Provide optional integrations with third-party tools and services with additional charges
- Update, enhance, or modify features to improve performance and user experience
Learnexify is responsible for maintaining the availability and functionality of the platform; however, access to the Services requires a stable internet connection and compatible device, which remain the client's/end user’s responsibility.
2. ACCOUNT REGISTRATION AND SECURITY
To use the Services, client must:
- Create an account with accurate and complete information at Learnexify website
- Must adhere to Learnexify policies updated time to time
- Maintain and update information as necessary
Clients are responsible for:
- Safeguarding login credentials
- Restricting access to authorised Users only
- All activities under client’s account
Client must immediately notify Learnexify of:
- Unauthorised access or suspected breaches
- Misuse of credentials
Learnexify reserves the right to suspend accounts with inaccurate or misleading information.
3. USER RESPONSIBILITIES AND CONDUCT
Client agrees to:
- Use the Services only for lawful purposes
- Ensure all content complies with applicable laws
- Respect intellectual property and privacy rights
- Prevent unauthorised access to client account
Clients are responsible for:
- Actions of all Users under client account
- Obtaining required permissions and consents
- Ensuring compliance with applicable regulations
4. FEES, BILLING AND PAYMENTS
Services under Learnexify may be provided on a subscription or usage-based model as specified at the time of purchase. Unless otherwise stated, fees must be paid in advance. Billing cycles, pricing details, and applicable charges for each plan or feature are clearly displayed on our website or within the platform before purchase.
4.1 Service Engagement Models
Model 1 — SaaS Platform Access: Learnexify provides clients with access to its cloud-based, fully hosted SaaS platform. The client retains full responsibility for the operation, configuration, and management of the client's own site. The client can independently engage the administrator or internal team to manage the platform on its own. Learnexify's role under this model is limited to providing, maintaining, and supporting the platform infrastructure.
Model 2 — Managed Services: Clients may engage Learnexify to fully manage and operate the client's platform on client’s behalf. Under this model, the Learnexify team assumes responsibility for the administration, support, and day-to-day management of the client's site. The scope of managed services is defined in the applicable Statement of Work (SOW) or service agreement signed prior to commencement.
4.2 Feature Availability and Licensing
Learnexify may introduce new features, tools, or enhancements from time to time. Such features may be:
- Included at no additional cost under client’s existing subscription plan, or
- Offered as paid add-ons requiring a separate licence or upgrade
Where a feature requires a licence or additional payment, access will only be granted upon successful purchase or activation of the relevant plan or licence.
4.3 Invoicing Cycles
Learnexify bills clients under either of the two invoicing cycles. The applicable cycle is determined by the billing frequency selected by the client at the time of onboarding.
Cycle 1 — Monthly Billing
Clients on a monthly billing cycle receive one invoice per month. The invoice is issued on the 23rd of each month and covers services for the entire following month (1st to the last day of the following month). Payment must be received before the 1st of the following month, giving the client 7 working days to complete payment.
Example: An invoice issued on the 23rd of May covers services for the month of June and must be paid by the 1st of June.
Cycle 2 — Bi-Weekly Billing
Clients on a bi-weekly billing cycle receive two invoices per month, each covering a separate two-week billing period.
First Invoice is issued on the 15th of each month and covers services for the period from the 16th to the end of that month. Payment must be received by the 23rd of the same month (within 7 working days).
Second Invoice is issued on the 23rd of each month and covers services for the period from the 1st to the 15th of the following month. Payment must be received by the 1st of the following month (within 7 working days).
4.3.1 Invoice Delivery
All invoices are delivered electronically via email in PDF format to the designated billing contact registered at the time of onboarding. Clients are required to raise any invoice disputes within 7 working days of the invoice date. Disputes raised after this period may not be considered.
4.3.2 Late Payment Penalty
Timely payment is required to ensure uninterrupted access to Learnexify's services. Failure to make payment by the due date will result in a late payment penalty of $10 per day for each day the payment remains outstanding beyond the due date. This penalty will be calculated from the first day after the due date and added to the client's next invoice.
4.4 Renewals
Subscriptions may automatically renew at the end of each billing cycle unless cancelled prior to renewal. It is the client's responsibility to cancel in advance to avoid renewal charges.
4.5 Non-Payment
Failure to make timely payments may result in suspension or restriction of access to Services, limitation of platform functionality, or termination/deletion of the client's account.
4.6 Pricing Changes
Learnexify may reserve the right to update or modify pricing at any time. Any changes will be communicated in advance and will not affect active billing cycles unless stated otherwise.
5. POST-DELIVERY TECHNICAL SUPPORT
Learnexify provides clients with complimentary technical support for a period of 30 days following the formal handover or delivery of the completed work or service.
During this support period, clients may request assistance related to technical issues, system functionality, or configuration adjustments directly associated with the delivered work. The complimentary support does not include:
- New feature development or scope changes
- Major system modifications or restructuring
- Training beyond the agreed deliverables
- Third-party integrations or issues outside Learnexify’s scope of work
After the completion of the 30-day support period, any further technical assistance or service requests may be subject to additional charges.
6. CANCELLATION AND TERMINATION
6.1 By Client: Clients may cancel its subscription at any time with a prior notice of 30 days. Access continues until the end of the billing cycle.
6.2 By Learnexify: Learnexify may suspend or terminate access if the client breaches these Terms, engages in unlawful activity, payment obligations are unmet, or as required by Pakistan law.
6.3 Effects of Termination: Access to Services will cease. Data may be retained temporarily then deleted. Client must export client’s data before termination.
7. DATA AND CONTENT
7.1 Ownership: Clients retain full ownership of clients content and data.
7.2 Licence: Clients grant Learnexify a limited licence to host, store, process, and transmit data to improve Services.
7.3 Responsibility: Clients are responsible for data accuracy, legality, backup, and compliance with data laws.
8. DATA SECURITY
Learnexify implements reasonable safeguards including encryption, access controls, and system protections. However, Learnexify does not guarantee absolute security.
9. THIRD-PARTY SERVICES
Learnexify may integrate third-party tools. Clients acknowledge that third parties operate independently, their terms apply separately, and Learnexify is not liable for their actions.
10. PROHIBITED USE
Clients must not allow any users under client’s account to:
- Attempt to hack, bypass security measures, or disrupt the platform or its infrastructure.
- Introduce or upload viruses, malware, harmful code, or interfere with the system.
- Use the platform in any manner that violates applicable laws or legal rights of others.
- Infringe or misappropriate any intellectual property rights.
- Use Learnexify for fraudulent, deceptive, or illegal activities.
- Resell, sublicense, or commercially exploit Services without prior written permission.
- Attempt to gain unauthorised access to other accounts or restricted areas.
- Use automated tools (bots, scrapers) to extract data without permission.
11. INTELLECTUAL PROPERTY
All Learnexify software, platform features, and branding are the exclusive property of Learnexify. Clients are granted a limited, non-exclusive right to access the platform for internal business or educational purposes. Clients retain ownership of content created, but grant Learnexify a limited licence to host and process that content for service delivery.
12. SERVICE AVAILABILITY
Learnexify aims for consistency but does not guarantee continuous availability or error-free operation. Access may be temporarily unavailable due to scheduled maintenance, system upgrades, or third-party disruptions. Learnexify will make reasonable efforts to provide prior notice of maintenance.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Learnexify shall not be liable for indirect, incidental, or consequential damages, loss of profits, or data corruption. Services are provided on an "as is" basis. Use of Services is at the client's own risk.
14. INDEMNITY
Client agrees to cover costs (claims, legal fees) if Learnexify faces legal action due to the client's misuse of the platform, violation of terms, or content shared through the client's account. This obligation remains in effect even after account termination.
15. DISPUTE RESOLUTION
15.1 Notice of Dispute
The disputing party must first submit a written notice describing the nature of the dispute, relevant facts, and the sought resolution to the contact listed in these Terms.
15.2 Good Faith Resolution
Parties agree to engage in good faith discussions within 7 working days and attempt to resolve the matter amicably within 30 days.
15.3 Escalation
If unresolved within 30 days, parties may pursue mediation or formal legal proceedings in accordance with Pakistani law.
15.4 Continued Performance
Both parties agree to continue performing obligations and not withhold due payments during the dispute resolution process.
15.5 Governing Law
These Terms and any disputes shall be governed by and construed in accordance with the laws of Pakistan.
16. FORCE MAJEURE
Learnexify shall not be liable for failures caused by natural disasters, war, pandemics, government actions, or utility failures beyond Learnexify's control. If a Force Majeure event lasts more than 30 days, either party may terminate the agreement.
17. CHANGES TO TERMS
Learnexify may update or replace these Terms at any time. Continued use of Services after changes take effect constitutes acceptance of the revised Terms.
18. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Pakistan. Any disputes shall be subject to the exclusive jurisdiction of the courts of Pakistan.