The following agreement applies only to the specific Services to which these Service Terms relate, as indicated hereinbelow. In the event of a conflict between these Service Terms and the terms of Your Customer Agreement (the “Agreement”), or another such agreement between us or one of our resellers and you relating to the Services (except a Subscription Order), the terms and conditions of these Service Terms apply, but only to the extent necessary to reconcile the subject conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. Universal Service Terms (Applicable to All Services)
1.1 All fees for services are set forth in the Subscription Order. Unless otherwise indicated herein, or in a Subscription Order, you will be provided with a fixed data storage amount and an agreed number of active seats (“Capacity”). If your account exceeds your Capacity allowance, you will be subject to an additional fee based on your actual storage and/or active seat usage, whichever is greater.
1.2 You will ensure that all Account Information you provide to us and related information (for instance, the information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.
1.3 You may only use the Services to store, query, retrieve and serve data and other content owned, licensed, or lawfully obtained by you.
1.4 Our Privacy Policy provides information about our collection and/or use of personal information and personally identifiable information used in relation to the Services. Unless otherwise confirmed in writing and agreed by our authorized representatives, NovoLogic accepts no responsibility for configuring or managing your tenancy within any of the Services.
1.5 You acknowledge that neither we nor our licensors are responsible in any manner, and you are solely responsible, for the proper configuration of user permissions and other security settings associated with your, and your End Users’, use of the Services. You are responsible for (a) using appropriate security measures, such as employing password policies, user management, and permission systems with the Services to keep personally identifying information secure; (b) providing legally adequate privacy notices to your End Users; (c) obtaining any necessary consent for the collection, use, transfer, and storage of any name, password, other login information, or other personally identifiable information or personal data of any End User that you (or any third-party plug-in provider, vendor, and/or service provider you use) may access; (d) using and authorizing others to access and use the information only for the purposes permitted by the End User; and (e) ensuring that personally identifiable information is collected, used, transferred, and stored in accordance with all applicable laws, rules, and regulations in the jurisdictions in which your use our Services.
1.6 As part of the Services, you may be allowed to use certain software (including related documentation) provided by us or third-party licensors. You may not transfer it outside the Services without specific authorization to do so by us and/or the licensors who own that software.
1.7 You must comply with the current technical documentation applicable to the Services (including the applicable developer guides). We may post such information from time to time on the NovoLogic Site and/or otherwise notify you by email. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service.
1.8 You will provide information and other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement and/or our Policies. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any End User materials that you control.
1.9 If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement, technical documentation applicable to a related Service, the Documentation and/or Policies (collectively “Prohibited Content”), we may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act, and/or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you, unless prohibited by law.
1.10 Your Services oriented emails may be blocked, delayed or prevented from being delivered by destination email servers and for other reasons outside of our control. Your payment obligations continue regardless of whether delivery of your emails is prevented, delayed or blocked.
1.11 You are solely responsible for ensuring any emails you send and receive comply with the Federal CAN-SPAM Act. NovoLogic is not the “sender” as defined in the Federal CAN-SPAM Act.
2. NovoLogic LRS Service
2.1 NovoLogic’s LRS (a “Learning Record Store”) is a database-driven application and analytics tool, offered as “Software as a Service”. It is an opinionated data warehouse, data record store, and reporting dashboard. Organizations use LRS to store, sort and share data. It can store data from a wide range of application platforms, and provides a host of features including a dynamic query interface, customizable dashboards, learning ‘journeys’ (which automatically update a user’s progress against a series of pre-defined ‘waypoints’), user matching (which automatically reconciles users with multiple identifiers into a single, query-able entity) and multiple LRS within a single organization (allowing data to be logically segregated but also queried in the same space).
2.2 NovoLogic’s LRS has the ability to store personally-identifying information. The data centers that house NovoLogic’s LRS are SOC I/II, ISO27001, SSAE 16 and PCI certified. NovoLogic and it’s service providers run “clusters” of databases, each containing primary and secondary copies of stored data. In addition to this in-built redundancy, NovoLogic creates and stores data backups on a nightly basis. These backup copies are kept for two weeks. Restoration from backup is at NovoLogic’s sole discretion, which will not be unreasonably withheld.
3. Learning Experience Platform
3.1 NovoLogic’s LXP (a “Learning Experience Platform”) is a social learning platform, offered as “Software as a Service”. It is used by organizations to create online courses that encourage and facilitate social discussion as a means of reaching learning objectives. Users may view, download and interact with content as presented in a course format by a course author or administrator. In addition, users may comment or add back their own content in response to the originally presented content. The LXP platform includes ‘gamification’ features to encourage participation and a full online administration system along with an AI feature that creates personalized learning plans for users.
3.2 NovoLogic’s LXP has the ability to store personally-identifying information. The data centers that house LXP are SOC I/II, ISO27001, SSAE 16 and PCI certified. NovoLogic and it’s service providers run “clusters” of databases, each containing primary and secondary copies of stored data. In addition to this in-built redundancy, NovoLogic creates and stores data backups on a nightly basis. These backup copies are kept for two weeks. Restoration from backup is at NovoLogic’s sole discretion, which will not be unreasonably withheld.
4. Coaching & Mentoring Platform
4.1 NovoLogic’s CMP (a “Coaching & Mentoring Platform”) is an employee engagement platform, offered as “Software as a Service”. Organizations leverage this platform to ensure that the knowledge team members have acquired via training are actually being applied on a consistent basis in their respective roles. Leveraging both performance metrics and observable behaviors, Leaders can continuously assess team members and provide the reinforcement of positive behaviors or remediate gaps via the assignment of development activities. The platform enables debriefs between the leaders and team members to be both extremely targeted and intentional relative to the team members’ roles and desired behaviors that drive organizational success. This iterative cycle reinforces a culture of continuous learning and development while creating deeper and meaningful relationships between leaders and team members.
4.2 NovoLogic’s CMP has the ability to store personally-identifying information. The data centers that house LEP are SOC I/II, ISO27001, SSAE 16 and PCI certified. NovoLogic and it’s service providers run “clusters” of databases, each containing primary and secondary copies of stored data. In addition to this in-built redundancy, NovoLogic creates and stores data backups on a nightly basis. These backup copies are kept for two weeks. Restoration from backup is at NovoLogic’s sole discretion, which will not be unreasonably withheld.