Terms of Service

Owner: Vidhvantri Technologies LLP

Jurisdiction: Chennai, Tamil Nadu, India

1. Introduction and Acceptance

• These Terms and Conditions (“Terms”) constitute a legally binding agreement between the User and Vidhvantri Technologies LLP (“Vidhvantri”, “Provider”), the owner and operator of FluxLMS, a Software-as-a-Service (SaaS) Learning Management System (“Platform”).
• By accessing, registering, subscribing to, or using FluxLMS, the User acknowledges and agrees to be bound by these Terms, the Privacy Policy, and any ancillary policies.
• If the User does not agree to these Terms, they must refrain from accessing or using the Platform. 1.4 These Terms supersede all prior communications, representations, or agreements, whether oral or written.

2. Definitions

• User: Any individual or entity including students, trainers, educational institutions, corporate entities, administrators, or guests who access or use FluxLMS.
• Platform: The FluxLMS SaaS product and all associated services, interfaces, APIs, and functionalities.
• Content: Any data, materials, or information uploaded, created, or shared by the User on the Platform.
• Subscription: A paid or free access tier that governs the scope of services available to the User.

3. Stakeholders

• Users: End-users of the Platform including learners, educators, institutions, and corporate clients.
• Provider: Vidhvantri Technologies LLP, the legal entity responsible for operating FluxLMS.
• Infrastructure Providers: AWS, integrated OAuth/SSO identity providers, and other third-party service vendors bound by contractual obligations.

4. Scope of Services

4.1 FluxLMS is provided solely as a digital platform for learning management. Vidhvantri’s role is limited to:

• Hosting and maintaining the platform infrastructure
• Providing technical support and updates
• Ensuring platform availability on a commercially reasonable basis 4.2 The Platform offers:
• Cloud-hosted LMS environment
• Course authoring, assignment, and assessment tools
• Analytics dashboards
• 99.9% monthly uptime SLA (excluding scheduled maintenance) 4.3 Vidhvantri does not provide:
• Educational content, certification, or accreditation
• Pedagogical, instructional, legal, financial, or professional advice

5. Subscription and Access

• Access to FluxLMS is contingent upon payment of applicable subscription fees as per the selected plan.
• Subscription tiers include Free, Pro, and Enterprise, each with defined features and limitations.
• Fees are non-refundable except as outlined in the Refund Policy.
• Non-payment for seven (7) days may result in suspension; thirty (30) days may result in termination.
• Vidhvantri reserves the right to revise pricing, features, or access terms with thirty (30) days’ prior notice.

6. Data Ownership and Intellectual Property

• All content, data, course materials, assessments, and user-generated inputs uploaded or created on FluxLMS remain the sole and exclusive property of the respective Users.
• Users retain full intellectual property rights and are responsible for ensuring compliance with copyright, trademark, and other applicable laws.
• Vidhvantri does not claim ownership over any User data.
• Users grant Vidhvantri a limited, non-exclusive, royalty-free licence to host, display, and process Content solely to deliver services.
• Vidhvantri retains all rights in Platform software, UI/UX, APIs, and trademarks.
• Users are granted a non-transferable, non-sublicensable licence to use the Platform during the subscription term.

7. User Responsibilities

Users agree to:

• Use the Platform in accordance with applicable laws and these Terms
• Ensure accuracy, legality, and appropriateness of uploaded content
• Maintain confidentiality of login credentials and account access
• Refrain from uploading malicious, defamatory, or unlawful content
• Warrant ownership or licence to upload content and indemnify Vidhvantri against third-party claims
• Avoid prohibited conduct including reverse engineering, scraping, server overload, or malware introduction

8. Platform Availability and Limitations

• FluxLMS is hosted on AWS enterprise-grade infrastructure with geo-redundant storage.
• The Platform is provided “as is” and “as available” without warranties of merchantability, fitness for purpose, or non-infringement.
• Scheduled maintenance will be announced forty-eight (48) hours in advance; emergency maintenance is exempt.
• Vidhvantri shall not be liable for downtime due to maintenance, upgrades, or third-party failures.

9. Termination

• By User: Cancellation may be initiated via the self-service portal and becomes effective at the end of the billing cycle.
• By Provider: Termination may occur for breach of Terms, with a seven (7) day cure period unless the breach is egregious.
• Effect of Termination: Access is revoked and data is deleted in accordance with the Privacy Policy.

10. Limitation of Liability and Indemnification

• To the maximum extent permitted by law, Vidhvantri, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from use or inability to use FluxLMS.
• Aggregate liability shall not exceed the total fees paid by the User in the twelve (12) months preceding the claim.
• Users agree to indemnify, defend, and hold harmless Vidhvantri from any claims, liabilities, damages, or costs arising from:
  • Breach of these Terms
  • Misuse of the Platform
  • Violation of third-party rights or applicable laws

11. Modifications and Termination

• Vidhvantri reserves the right to modify, suspend, or discontinue any part of the Platform or these Terms at its sole discretion.
• Material changes will be notified via email or Platform announcement.
• Continued use of the Platform after changes constitutes acceptance of the revised Terms.

12. Global Compliance

• FluxLMS is designed to comply with global data protection and privacy standards including GDPR, and India’s IT Act 2000.
• Users are responsible for ensuring their own compliance with local, national, and international laws.
• Vidhvantri disclaims liability for jurisdictional compliance failures outside India.

13. Communications and Consent

• By using FluxLMS, Users consent to receive transactional, informational, and promotional communications via email, SMS, or other channels.
• Users may opt out of promotional communications via provided mechanisms.
• Vidhvantri maintains unsubscribe mechanisms and honors Do Not Disturb (DND) preferences.

14. Force Majeure

Neither party shall be liable for delay or failure due to Force Majeure Events including but not limited to natural disasters, war, terrorism, cyberattacks, pandemics, or governmental actions. Upon cessation of such events, services shall resume with reasonable diligence.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Exclusive jurisdiction and venue for any dispute shall lie with the competent courts in Chennai, Tamil Nadu.

16. Miscellaneous

These Terms constitute the entire agreement between the User and Vidhvantri regarding FluxLMS and supersede all prior communications or agreements. If any provision is held invalid, the remainder shall remain in full force. No waiver shall be effective unless in writing. Assignment of rights or obligations under these Terms requires prior written consent.

17. Disclaimer

Use of FluxLMS is at the User’s own risk. Vidhvantri makes no guarantees regarding outcomes, security, or compatibility. No fiduciary, professional, or advisory relationship is created by use of the Platform.