Terms of Service
These Terms of Service (the “Terms”) are an agreement between The Web Panda (“The Web Panda”, “we”, “us”) and the business that creates an account or purchases a subscription (“you”, the “Client”). They govern your use of our hosted learning-management-system platform — the LMS instances, mobile apps, client portal and related services we provide from thewebpanda.com and its subdomains (together, the “Service”). By creating an account or subscribing, you agree to these Terms.
1. The Service
The Service is sold business-to-business. A subscription includes the number of licenses set by your plan, and each license entitles you to one hosted LMS instance for your organization. The people you enroll or invite into your instances — students, staff and other end users — are your “Members”.
2. Accounts and eligibility
- You must be at least 18 years old and authorized to act for the business you register.
- You must provide accurate account and billing information and keep it up to date.
- You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at support@thewebpanda.com if you suspect unauthorized use.
3. Subscriptions, billing and taxes
- Subscriptions are billed in advance, monthly or yearly depending on your plan, through our payment processor Stripe. We do not store your full card details.
- Your subscription renews automatically at the end of each billing period until you cancel.
- We may change plan prices. We will give you at least 30 days’ notice, and changes take effect from your next billing period.
- Prices exclude any applicable taxes, levies or duties unless stated otherwise; you are responsible for those.
- If a renewal charge fails, we may retry it and notify you. If payment is not received within a reasonable time, we may suspend the Service until your account is settled.
4. Cancellation and refunds
You can cancel at any time; cancellation takes effect at the end of the billing period already paid for, and your instances stay available until then. Refunds are handled as described in our Refund & Cancellation Policy, which forms part of these Terms.
5. Instances and licenses
- We provision instances after successful payment. Provisioning is normally quick but timing is not guaranteed.
- Licenses are for your organization’s use. You may not resell or sublicense instances as your own hosting product without our written agreement.
- Instances share our infrastructure. We may apply reasonable technical limits to protect the platform for all clients.
6. Mobile apps
Every plan includes access for your Members through our shared mobile app using your academy code. If you purchase the white-label option, we prepare branded apps in your name and manage their publication under your Apple and Google developer accounts. You are responsible for maintaining those developer accounts and complying with the app stores’ terms. App-store review outcomes and timelines are decided by Apple and Google and are not guaranteed by us.
7. Custom domains
You may serve an instance on a domain you own or control. You are responsible for the domain registration and DNS configuration; we issue TLS certificates once the domain is verified. We may stop serving a domain that you no longer control or that violates these Terms.
8. Your content and Member data
- You own the content you and your Members put into your instances. You grant us the limited rights needed to host, back up, display and transmit it — solely to operate the Service.
- Between you and us, you are the data controller for your Members’ personal data; we process it on your behalf as described in our Privacy Policy. You are responsible for having a lawful basis to enroll Members, including any consents needed for Members who are minors.
- You can export your data while your subscription is active. After termination, we keep your instance data available for export for 30 days, after which we may delete it.
9. Acceptable use
You agree not to use the Service to:
- break the law or infringe anyone’s rights;
- upload or distribute malware, or send spam or other unsolicited messages;
- probe, scan or test the vulnerability of the Service, or interfere with its operation or other clients’ instances;
- misrepresent who you are or your affiliation with anyone.
We may suspend or remove content or instances that violate this section.
10. Our intellectual property
We own the Service — the platform software, apps, design and branding — and all rights in it that are not expressly granted to you. If you send us feedback or suggestions, we may use them without obligation to you.
11. Support, availability and changes
Support is provided by email at support@thewebpanda.com. We aim to keep the Service available at all times, but availability is not guaranteed and maintenance windows may be required; no service level applies unless we agree one with you in writing. We may improve or modify features of the Service, and will not materially reduce its core functionality during a period you have paid for.
12. Suspension and termination
We may suspend or terminate your access for non-payment or a material breach of these Terms, after notice where practicable (immediately where the breach threatens the platform or other clients). You may terminate by cancelling your subscription. Section 8 describes what happens to your data after termination; sections 10 and 13–16 survive termination.
13. Disclaimers
The Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. You are responsible for your use of the Service and for your Members’ use of your instances.
14. Limitation of liability
To the extent permitted by law: neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data; and our total liability arising out of the Service is limited to the amounts you paid us in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
15. Indemnity
You will indemnify us against third-party claims arising from your content, your Members’ use of your instances, or your breach of these Terms.
16. Governing law and disputes
These Terms are governed by the laws of India, and disputes are subject to the exclusive jurisdiction of the courts of India.
17. Changes to these Terms
We may update these Terms. For material changes we will notify you (for example by email or a notice in the portal) at least 14 days before they take effect. Continuing to use the Service after that means you accept the updated Terms.
18. Contact
The Web Panda · thewebpanda.com · support@thewebpanda.com