Terms of Service

Effective date: January 2025

Provider: Learn Builder GmbH, Switzerland ("Learn Builder", "we", "us", "our")

Website: learnbuilder.org

Contact: contact@learnbuilder.org

These Terms of Service ("Terms") govern your access to and use of the Learn Builder platform and related services (the "Service"). By accessing or using Learn Builder, you agree to these Terms.

If you do not agree, you must not use the Service.

1. The Service

Learn Builder is a cloud-based online learning platform and authoring tool that allows users to create, manage, and deliver eLearning content and related learning activities.

Certain features may use artificial intelligence ("AI") services provided by third parties.

2. Eligibility and account registration

2.1 Account required

To use the Service, you must create an account.

2.2 Accurate information

You agree to provide accurate and complete information, including your name and email address, and to keep your account information updated.

2.3 Account security

You are responsible for safeguarding your login credentials and for all activity under your account. You must notify us immediately if you suspect unauthorized access.

3. Subscriptions, billing, and payments

3.1 Plans

Learn Builder offers free and paid subscription plans. Plan features and pricing are described on our website or in the Service.

3.2 Payments via Stripe

Payments are processed via Stripe. By purchasing a paid plan, you authorize Stripe to charge the payment method you provide in accordance with your selected billing cycle.

3.3 Renewals

Paid subscriptions may renew automatically unless cancelled before the renewal date.

3.4 Taxes

Prices may exclude applicable taxes unless stated otherwise. You are responsible for paying any applicable taxes, duties, or similar governmental assessments.

3.5 Non-payment

If payment fails or is reversed, we may suspend or restrict your access to paid features until payment is successfully completed.

3.6 Refunds

Unless required by applicable law or stated otherwise in writing, subscription fees are non-refundable. If you believe you were charged incorrectly, contact us at contact@learnbuilder.org.

4. Acceptable use

You agree not to use the Service to:

• violate any applicable laws or regulations
• infringe intellectual property or other rights
• upload or distribute malware, harmful code, or attempt unauthorized access
• disrupt, overload, or interfere with the Service or its security
• scrape, reverse engineer, or bypass access controls except to the extent permitted by law
• create or distribute unlawful, abusive, discriminatory, or harmful learning content
• upload personal data of others without having the right to do so

We may suspend or terminate access if we reasonably believe you are violating these Terms.

5. User content and learning data

5.1 Your content

You may upload, create, or store content in the Service ("User Content"), including learning materials, course structures, assessments, and learner information.

5.2 Responsibility for content

You are solely responsible for your User Content, including ensuring it is lawful, accurate, and appropriate for its intended audience.

5.3 Learner personal data

If you upload learner information (such as learner names and emails), you represent that you have the legal right to provide that data to Learn Builder and that you have provided any required notices to learners.

5.4 License to operate the Service

You grant Learn Builder a limited, worldwide, non-exclusive license to host, store, transmit, and display User Content solely as necessary to provide and operate the Service.

5.5 Backups and deletion

You can delete courses and content at any time through the Service. We may retain limited backups for a short period due to technical constraints or legal requirements.

6. AI features and third-party model providers

6.1 AI features are optional

Some features use AI to support content creation, feedback, grading, or analysis. Use of these AI features is optional.

6.2 AI processing via OpenRouter

AI features are provided through OpenRouter (openrouter.ai). When you use AI features, inputs may be transmitted to OpenRouter and to the AI model provider you select.

6.3 User-selected models

You are responsible for your selection of AI model(s). Different model providers may apply different processing, safety, or retention practices.

6.4 No guarantee of AI output quality

AI-generated content may be inaccurate, incomplete, biased, or inappropriate. You are responsible for reviewing and validating AI outputs before using them, publishing them, or relying on them for assessment decisions.

6.5 Restrictions

You agree not to use AI features to generate unlawful content, to violate third-party rights, or to attempt to extract system prompts, credentials, or other confidential information.

7. Third-party services and integrations

The Service may interoperate with third-party services (including Stripe, OpenRouter, and Beehiiv). These third-party services are governed by their own terms and policies, and Learn Builder is not responsible for them.

8. Intellectual property

8.1 Learn Builder IP

The Service, including its software, design, branding, interfaces, and underlying technology, is owned by Learn Builder or its licensors and is protected by intellectual property laws.

8.2 No transfer of ownership

Except for the limited rights expressly granted to you, Learn Builder retains all rights, title, and interest in and to the Service.

8.3 Feedback

If you provide suggestions or feedback, you grant Learn Builder the right to use it without restriction and without compensation.

9. Service availability and changes

9.1 Availability

We aim to provide reliable availability but do not guarantee uninterrupted or error-free operation.

9.2 Changes

We may modify, update, or discontinue parts of the Service at any time. Where reasonable, we will provide notice of material changes.

10. Suspension and termination

10.1 Termination by you

You may cancel your subscription and stop using the Service at any time.

10.2 Termination or suspension by us

We may suspend or terminate your account immediately if:

• you materially breach these Terms,
• required by law, or
• necessary to protect the security or integrity of the Service.

10.3 Effect of termination

Upon termination, your right to use the Service ends. Some sections (including payment obligations, disclaimers, and limitations of liability) continue to apply.

11. Disclaimer of warranties

The Service is provided "as is" and "as available".

To the maximum extent permitted by applicable law, Learn Builder disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the maximum extent permitted by law:

• Learn Builder shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
• Learn Builder's total liability for any claim relating to the Service will not exceed the amount you paid to Learn Builder in the 12 months preceding the event giving rise to the claim (or CHF 100 if you have not paid anything).

Some jurisdictions do not allow certain limitations; in such cases, limitations apply to the maximum extent permitted.

13. Indemnification

You agree to indemnify and hold harmless Learn Builder from and against claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• your use of the Service,
• your User Content,
• your violation of these Terms, or
• your violation of applicable law or third-party rights.

14. Privacy

Our processing of personal data is described in our Privacy Statement available on learnbuilder.org.

15. Governing law and jurisdiction

These Terms are governed by the laws of Switzerland, excluding its conflict-of-law rules.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts in Switzerland, unless mandatory law provides otherwise.

16. Changes to these Terms

We may update these Terms from time to time. The updated Terms will be published on learnbuilder.org and will become effective on the date indicated above.

If changes are material, we may provide additional notice through the Service.

17. Contact

For questions about these Terms, contact:

Learn Builder GmbH
Email: contact@learnbuilder.org