Terms and Conditions

Eligibility and business use

The Site and related services are offered only for lawful business purposes and for use by businesses, governmental bodies, nonprofits, educational institutions, and their authorized representatives. Use of the Site for personal, household, or consumer purposes is not intended.

If a user accesses the Site or any account, portal, or service on behalf of an organization, that user represents and warrants that the user has authority to bind that organization to these Terms. In that case, "user" includes both the individual and the organization the individual represents.

Separate signed agreements control

These Terms govern general access to and use of the Site and any related online environment unless a separate signed agreement applies. If Provisant and a customer have entered into a master services agreement, statement of work, subscription agreement, order form, data processing agreement, or other signed contract, that signed agreement controls with respect to the services covered by it and will prevail over these Terms to the extent of any conflict.

Nothing on the Site, including references to service features, pricing concepts, demos, pilots, or platform functionality, creates a binding commitment unless expressly set forth in a signed written agreement.

Custom eLearning development services

Provisant may offer custom eLearning development, instructional-design, consulting, content-modernization, accessibility remediation, simulation development, game-based learning, scenario design, LMS-related support, and related professional services. Any such custom services are provided only under a separate signed agreement, and that agreement will govern project scope, statements of work, deliverables, timelines, review cycles, acceptance, fees, change requests, confidentiality, data handling, intellectual-property ownership, licensing, support, and any service-specific obligations.

In connection with custom eLearning development, a customer may disclose proprietary materials such as operating procedures, internal workflows, training content, brand standards, regulated-process documentation, technical environments, or other confidential or trade-secret information. Except as otherwise provided in a separate signed agreement, Provisant will use such information only as reasonably necessary to evaluate, propose, perform, support, secure, or improve the requested services, and will limit internal access to personnel, contractors, and service providers who have a legitimate need to know and are subject to appropriate confidentiality obligations.

The customer is responsible for ensuring it has the necessary rights, permissions, releases, and legal authority to provide any source materials, policies, procedures, screenshots, recordings, trademarks, logos, images, text, data, or other content used in a project. Provisant is not responsible for claims arising from customer-provided materials except to the extent caused by Provisant's unauthorized modifications or uses outside the scope of the applicable signed agreement.

Changes to services and availability

Provisant may modify, suspend, or discontinue any part of the Site or services at any time, with or without notice, including site content, features, integrations, demos, pilot environments, trial access, promotional offerings, or the availability of any function described on the Site. References such as "Start today for free" or similar language do not obligate Provisant to provide any free service, trial, demo, or pilot for any specific period or on any specific terms.

Provisant is not liable for any unavailability, interruption, delay, modification, or discontinuation of any Site feature, trial, pilot, or service except as expressly stated in a separate signed agreement.

Accounts and credentials

Certain services or portal features may require account credentials, SSO access, or other authentication methods. Users are responsible for maintaining the confidentiality of login credentials, restricting access to their accounts and devices, and promptly notifying Provisant of any suspected unauthorized access or credential compromise.

Users may not share credentials, permit multiple individuals to use a single account except as expressly authorized in writing, attempt to bypass access controls, or use another person's credentials without permission. Provisant may rely on any action taken through an account as authorized by the registered user or customer unless and until Provisant receives and has a reasonable opportunity to act on notice of compromise.

Acceptable use

Users may not, and may not permit any third party to:

• •Use the Site or services in violation of applicable law, regulation, or third-party rights.
• •Interfere with or disrupt the integrity, performance, or security of the Site, platform, or related systems.
• •Attempt to gain unauthorized access to accounts, networks, environments, source code, data, or other users' information.
• •Copy, scrape, harvest, frame, mirror, crawl, or systematically extract content or data from the Site except as expressly permitted in writing.
• •Reverse engineer, decompile, disassemble, translate, or attempt to derive source code, trade secrets, or underlying ideas from the Site, platform, or related software, except to the limited extent such restriction is prohibited by law.
• •Upload or transmit malware, malicious code, spam, deceptive content, unlawful material, or content that infringes intellectual-property, privacy, or other rights.
• •Misrepresent identity, affiliation, or authority, or submit false or misleading business information.
• •Use the Site or services to build or benchmark a competing product or service, or for unauthorized competitive analysis.
• •Share credentials or otherwise circumvent seat limits, user restrictions, or technical controls.

Customer data and platform use

Where Provisant hosts a training portal or otherwise processes customer data, the customer is responsible for ensuring it has the necessary rights and permissions to provide that data for processing and to instruct Provisant regarding its use.

Provisant may access, use, preserve, and disclose customer data as reasonably necessary to provide services, maintain security, prevent abuse, comply with law, enforce agreements, respond to support requests, and protect rights, property, systems, or users, subject to applicable contractual obligations.

Intellectual property

The Site, its design, layout, text, graphics, code, audiovisual materials, workflows, and all related content, along with the Provisant name, logo, branding, and associated marks, are owned by or licensed to Provisant and are protected by intellectual-property and other laws.

Subject to these Terms, Provisant grants a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for legitimate internal business evaluation and relationship purposes. No right, title, or interest is transferred except for the limited license expressly stated here.

Unless a separate signed agreement provides otherwise, Provisant retains all rights in and to its pre-existing materials, methods, templates, tools, software, know-how, documentation, and platform technology, including any modifications, improvements, or derivative works. Customer ownership, license, and deliverable rights for paid projects are governed by the applicable signed agreement, not these Terms.

Third-party services and links

The Site or services may reference, link to, integrate with, or interoperate with third-party products or services, including hosting providers, analytics providers, identity providers, and other tools. Provisant's services may also involve third-party authoring, publishing, or interoperability tools and standards, where applicable to a project or customer environment. All third-party products, services, tools, and standards are subject to their own terms, licenses, privacy notices, technical limitations, and availability, and Provisant is not responsible for third-party products or services except as expressly stated in a separate signed agreement.

All other third-party names, logos, marks, or product identifiers referenced in the Site or services are the property of their respective owners. Reference to any third-party tool or standard does not imply ownership by Provisant or any broader license rights beyond those expressly granted under applicable third-party terms or a separate signed agreement.

Links to third-party sites are provided for convenience only and do not imply endorsement, affiliation, or responsibility for their content, security, legality, or practices.

Feedback

If a user provides suggestions, ideas, comments, enhancement requests, or other feedback relating to the Site or services, Provisant may use that feedback without restriction or obligation, provided that doing so does not override any express confidentiality obligation in a separate signed agreement.

Disclaimers

THE SITE, ITS CONTENT, ANY DEMOS, PILOTS, FREE ACCESS, TRIAL ENVIRONMENTS, AND ALL RELATED MATERIALS AND SERVICES MADE AVAILABLE UNDER THESE TERMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVISANT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RESULTS, AVAILABILITY, AND THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Provisant does not warrant that the Site or services will satisfy any particular procurement, compliance, operational, or technical requirement unless expressly stated in a separate signed agreement.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVISANT AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF PROVISANT AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS WILL NOT EXCEED THE FEES PAID BY THE CLAIMANT TO PROVISANT UNDER THESE TERMS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If no fees were paid to Provisant under these Terms during that thirty-day period, Provisant's total aggregate liability for claims under these Terms will not exceed one hundred U.S. dollars ($100), to the extent permitted by law.

Indemnification

The user agrees to defend, indemnify, and hold harmless Provisant and its affiliates, licensors, service providers, and their respective officers, directors, owners, employees, contractors, and agents from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) the user's access to or use of the Site or services; (b) the user's violation of these Terms; (c) the user's violation of applicable law or third-party rights; (d) data, content, or materials submitted by or on behalf of the user or the user's organization; or (e) misuse of accounts or credentials by the user or anyone using the user's credentials.

Suspension and termination

Provisant may, with or without notice, suspend, restrict, or terminate access to the Site, any account, any portal, or any related service immediately if Provisant believes that a user has violated these Terms, engaged in misuse, shared credentials, created a security risk, violated law, infringed rights, disrupted operations, or otherwise exposed Provisant, its customers, or third parties to risk.

Provisant may also suspend or terminate access as required for maintenance, incident response, legal compliance, or protection of systems or data. Provisant will have no liability for any suspension or termination undertaken in good faith under these Terms.

Upon termination, the license granted in these Terms ends immediately, but provisions that by their nature should survive will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, disputes, and general terms.

Governing law and venue

These Terms and any dispute arising out of or relating to these Terms, the Site, or the services will be governed by the laws of the State of Texas, without regard to conflict-of-laws rules.

Any legal action or proceeding not subject to arbitration, if arbitration is later required by a signed agreement, must be brought exclusively in the state or federal courts located in Texas, and each party irrevocably submits to the personal jurisdiction and venue of those courts.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES.

Injunctive relief

The user acknowledges that unauthorized use of the Site, misuse of credentials, infringement of intellectual property, or violation of confidentiality or access restrictions may cause irreparable harm for which monetary damages would be inadequate. Provisant may seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, without the need to post bond to the extent permitted by law.

Changes to these Terms

Provisant may update these Terms from time to time. Updated Terms become effective when posted, unless a later effective date is stated. Continued access to or use of the Site or covered services after updated Terms are posted constitutes acceptance of the updated Terms.

Notices

Legal notices under these Terms must be sent to:

Provisant may provide notices by posting on the Site, by email, through account notifications, or by other reasonable means.

General terms

These Terms constitute the entire agreement between the user and Provisant regarding the subject matter covered here, except as superseded by a separate signed agreement. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

No waiver by Provisant of any breach or default will be deemed a waiver of any preceding or subsequent breach or default. The user may not assign these Terms without Provisant's prior written consent, and any attempted assignment in violation of this restriction is void. Provisant may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.