1. Introduction
These Terms and Conditions of Use (the “Terms”) constitute a legally binding agreement between 2407124 Ontario Inc. d.b.a. Dialectic (“Dialectic”, “we”, “us”, or “our”) and you, the individual accessing the Learning Snippets platform located at https://lms.learningsnippets.com (the “Site”), including the LearnDash Account Manager (“LDAM”) features and related services, content, applications, and communications (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and represent that you have the authority to enter into them. If you do not agree, do not use the Services.
These Terms incorporate by reference our [Privacy Policy,] which explains how we collect, use, and safeguard personal data within LDAM. Your continued use of the Services signifies acceptance of both documents.
2. Eligibility and Accounts
The Services are designed for professional learners and administrators authorized by their organizations. You must be at least the age of majority in your jurisdiction or use the Services under the supervision and consent of a parent or legal guardian who accepts these Terms on your behalf. You are responsible for the accuracy of account information, safeguarding your credentials, and promptly notifying us of any unauthorized use.
Organizations remain responsible for ensuring that only eligible personnel access LDAM and for managing user lifecycle events (e.g., inviting, archiving, or requesting deletion of accounts).
3. Platform Purpose and Availability
LDAM delivers curated learning snippets, time-tracking, notification scheduling, dashboards, and impact-survey tools to support professional development. You agree to use the Services for these authorized purposes and in compliance with applicable laws, contracts, and these Terms. We may modify, suspend, or discontinue any portion of the Services with reasonable notice where practicable.
4. Acceptable Use
You agree not to:
- Copy, distribute, modify, decompile, or reverse engineer any portion of the Services.
- Circumvent security or misuse accounts, APIs, or endpoints.
- Upload malicious code, attempt unauthorized access, or interfere with the platform’s operation.
- Post unlawful, defamatory, discriminatory, or infringing content within LSAM discussion or feedback tools.
- Send spam or unauthorized marketing communications.
5. Intellectual Property
All intellectual property in Learning Snippets, LDAM, and associated content (including lesson materials, dashboards, survey templates, analytics, logos, and software code) belongs to Dialectic or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended, contractually authorized purposes. No other rights are granted.
6. User Content and Feedback
If you submit content—such as survey responses, snippet feedback, support tickets, ideas, or testimonials—you grant Dialectic a non-exclusive, worldwide, royalty-free license to use, host, and analyze that content to deliver and improve the Services. We will not publicly attribute personal feedback without permission and will handle personal data according to the Privacy Policy. You represent that you have the rights necessary to share the content and that it does not infringe third-party rights.
7. Data Handling and Privacy
Our Privacy Policy describes the categories of information we collect, how long we retain it, and how we support rights requests. Key commitments include:
- Limiting personal data collection to details needed for account management, lesson progress, time tracking, notification preferences, and impact survey delivery.
- Removing or anonymizing personally identifiable information (PII)—such as first name, last name, and email—within 60 days after a client contract ends unless longer retention is required by law.
- Providing administrators with tools to request deletion of individual user accounts during the contract term.
- Retaining de-identified aggregate analytics for program evaluation.
By using the Services, you consent to the practices described in the Privacy Policy.
8. Communications
We send transactional emails (e.g., snippet release notifications, password resets, survey reminders) through LDAM. You can adjust notification preferences in your profile. We do not send marketing communications without consent.
9. Third-Party Services
The Services may link to third-party content (e.g., embedded videos, external knowledge resources). Third-party terms govern your use of that content. We do not control or assume liability for third-party sites or services.
10. Service Changes and Availability
We strive to provide reliable access but do not guarantee uninterrupted availability. Planned maintenance or unexpected outages may occur. We may change or remove features to maintain security, comply with law, or improve the experience. Where feasible, we will provide notice via the platform or email.
11. Support
We offer support through the channels identified in client agreements (e.g., email, ticketing system). Response times depend on contract terms and business hours. We may publish troubleshooting resources within LDAM.
12. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available.” We make no warranties—express, implied, or statutory—regarding accuracy, completeness, fitness for a particular purpose, or non-infringement. Learning outcomes and analytics insights depend on organizational participation, and we do not guarantee specific results. Some jurisdictions do not permit exclusions of implied warranties; in those cases, the above may not apply to you.
13. Limitation of Liability
To the maximum extent allowed by law, Dialectic and its officers, directors, employees, licensors, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim will not exceed the fees paid (if any) for the Services in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms limits liability for death or personal injury resulting from negligence, fraud, or any liability that cannot be excluded under applicable law. Some jurisdictions (including Québec) may grant additional consumer protections that prevail over these limitations where required by law.
14. Indemnification
Except where prohibited by law, you agree to indemnify and hold harmless Dialectic from claims, damages, losses, or expenses (including reasonable legal fees) arising from your violation of these Terms or misuse of the Services.
15. Suspension and Termination
We may suspend or terminate access immediately if we believe you violate these Terms, compromise platform security, or misuse intellectual property. Upon termination, your right to use the Services ceases, and we may delete associated data in line with contractual and legal obligations. Sections intended to survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnity) remain in effect.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, unless local consumer-protection laws (e.g., Québec) require otherwise. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for disputes arising from these Terms, except where mandatory law provides otherwise. You waive any right to a jury trial where permitted by law.
17. Updates to These Terms
We may update the Terms to reflect changes in law, product features, or operational practices. We will post the updated Terms with a revised “Last updated” date and, when material changes occur, provide notice through the Services or email. Continued use after updates constitutes acceptance of the new Terms.
18. Contact Information
Questions, notices, or requests under these Terms can be sent to:
Dialectic / Learning Snippets
Email: privacy@dialectic.solutions
26 Douglas St
Unit A, Guelph – ON
N1H2S9
Canada