Terms of Service & Limitation of Liability
Governing the deployment, multi-tenant isolation, seat capacity allocation, and acceptable institutional usage of the LearnByCraft Learning Management System (LMS).
1Software License & Multi-Tenant Provisioning
LearnByCraft LMS (“Service Provider”, “we”, “us”) grants to the subscriber organization (“Client”, “Tenant”) a non-exclusive, non-transferable, revocable license to access and utilize the LearnByCraft LMS multi-tenant web application within the designated subscription term.
The Service provides isolated institutional partitions (/org/[slug]) incorporating white-label CSS styling, SCORM 2004 4th Edition package playback, video embedding utilities, cohort telemetry, and role-based access control (RBAC).
2Hard Seat-Cap Policy & User Allocation (50-User Pilot Limit)
Each institutional tenant is assigned an authorized maximum learner ceiling (“Seat Cap”):
- Pilot / Starter Tier: Strictly capped at 50 active learner seats.
- Growth Tier: Capped at 250 active learner seats.
- Enterprise Tier: Capped at 1,000+ active learner seats as specified in the enterprise master agreement.
3Philippine Data Privacy Act (RA 10173) Compliance & PIC/PIP Allocation
Under the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations:
- Client as Personal Information Controller (PIC): The Client retains full ownership, control, and legal responsibility for the personal data, demographic profiles, grades, and instructional records of its enrolled participants.
- LearnByCraft LMS as Personal Information Processor (PIP): LearnByCraft LMS acts exclusively as a data processor on behalf of the Client, implementing organizational, physical, and technical safeguards to secure participant data.
- Mandatory Intake Gate: All learners and administrative users are presented with the institutional privacy policy upon first login to register consent before accessing curriculum assets.
4“As-Is” Provision & Limitation of Liability
CRITICAL LEGAL DISCLAIMER & LIABILITY CAP
THE PLATFORM, DOCUMENTATION, PRE-LOADED CRAFTLIBRARY TEMPLATES, AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, LEARNBYCRAFT LMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COURSE PROGRESS DISRUPTION, SERVER DOWNTIME, OR THIRD-PARTY VIDEO STREAM FAILURES.
UNDER NO CIRCUMSTANCES SHALL LEARNBYCRAFT LMS'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE ACTUAL SUBSCRIPTION FEES PAID BY THE CLIENT IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM.
Tenant Backup Obligation: Tenant Administrators are required to maintain regular off-site records by utilizing the built-in CSV Export and Executive Reporting utilities to archive gradebooks and learner dossiers.
5Public Video Embeds & Third-Party Content
LearnByCraft LMS provides zero-cost content embedding tools for YouTube, Vimeo, Loom, and Wistia. LearnByCraft LMS does not host, license, or warrant third-party video content. The Client remains solely responsible for ensuring its instructional assets comply with copyright, fair use, and organizational licensing requirements.
6Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any controversy or claim arising out of or relating to this Agreement shall be resolved through good-faith negotiation, failing which, exclusive venue shall lie in the proper courts of Metro Manila, Philippines.
LearnByCraft LMS Legal & Governance Office
Inquiries: legal@learnbycraft.com • Metro Manila, Philippines