Terms of Service

1. Agreement to these terms

By accessing or using the Service you agree to these Terms. If you use the Service on behalf of an organization, you confirm that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not use the Service.

2. Definitions

• Service — the Hyphun LMS platform, related live-classroom and course tools, and the lms.hyphun.com website.
• Customer / you — the person or organization that subscribes to or uses the Service.
• Users and Learners — the people you invite to your instance.
• Content — courses, media, data and materials you or your Users upload or create.

3. Your account

You must provide accurate information and keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your account and by your Users. Notify us promptly of any unauthorized use.

4. Subscriptions, trials & billing

Our plans and prices are shown on the pricing and checkout pages. Unless stated otherwise:

• Paid plans are billed in advance on a monthly or annual cycle and renew automatically until cancelled.
• A free trial, where offered, requires a valid payment method and converts to the applicable paid plan when it ends unless you cancel first.
• Card payments are recurring subscriptions; crypto payments are one-time payments of the amount due at the time of purchase.
• Prices are exclusive of taxes, which we may add where required. One-time setup and onboarding fees are charged as shown.

5. Cancellation & refunds

You may cancel at any time; cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law or expressly stated, fees are non-refundable, and setup fees are non-refundable once work has begun.

6. Your content & data

You retain ownership of your Content and your learner data. You grant Hyphun a limited license to host, process and display it solely to provide and support the Service.

You are responsible for having the rights and consents needed for your Content, and for complying with all laws that apply to you and your Learners — including data-protection and, where relevant, requirements for minors.

7. Acceptable use

You agree not to, and not to allow your Users to:

• upload unlawful, infringing, harmful or misleading content;
• violate the intellectual-property or privacy rights of others;
• introduce malware, or attempt to gain unauthorized access to the Service or others' data;
• reverse engineer, resell or sublicense the Service except as expressly permitted;
• overload, disrupt, or interfere with the Service or its infrastructure.

8. Your brand & license to use the Service

For the duration of your subscription we grant you a limited, non-exclusive, non-transferable right to access and use the Service, including under your own brand and domain (white-label), for your internal business and teaching purposes.

9. Our intellectual property

Hyphun and its licensors own the Service, including its software, design, and trademarks. These Terms grant you a right to use the Service, not ownership of it. Nothing transfers our intellectual property to you.

10. Third-party services

The Service relies on third parties (for example, payment processing by Stripe and infrastructure providers). Your use of those services may also be governed by their terms, and we are not responsible for third-party services outside our control.

11. Availability & support

We use commercially reasonable efforts to keep the Service available and to provide support according to your plan. The Service may be unavailable during maintenance or for reasons beyond our control, and we do not guarantee uninterrupted or error-free operation.

12. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the fullest extent permitted by law, Hyphun will not be liable for any indirect, incidental, special or consequential damages, or loss of profits, data or goodwill. Our total liability arising out of or relating to the Service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold Hyphun harmless from claims, damages and expenses arising out of your Content, your use of the Service, or your breach of these Terms or of any law.

15. Suspension & termination

We may suspend or terminate access if you breach these Terms, fail to pay, or create risk or legal exposure. You may stop using the Service at any time. On termination your right to use the Service ends; we will make your data available for export for a reasonable period as described in our customer agreement, after which it may be deleted.

16. Changes to the Service and these Terms

We may update the Service and these Terms. When we make material changes we will update the date above and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance.

17. Governing law

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict-of-laws rules. The courts having jurisdiction over Hyphun's registered free zone will have exclusive jurisdiction, except where mandatory local law provides otherwise.

18. Contact us

Questions about these Terms? Contact Hyphun Technologies FZE at info@hyphun.com.