Foxize LMS Terms of Use
By using the Foxize LMS website (“Service”), you agree to the following terms and conditions (“Terms of Service”).
The Terms of Service, together with the Order Form accessed and selected when visiting the Internet-accessible learning management solution under the name Foxize LMS, constitute the Agreement between Foxize (“We”, “Provider” or “Foxize LMS”) and “You” (the “Client”) ordering the “Services”. “Foxize” refers to the entity Foxize School, which is party to this Agreement, namely Foxize School, S.L., a Spanish company with registered office at Av. Diagonal 84, 3º1ª Esc. B, Barcelona, Spain. “Services” refers to the learning management solution hosted by the Provider and accessible through the Internet under the name Foxize LMS, made available to you as a subscription-based service at the web address provided to you (“Portal”). An “Authorized User” refers to any employee, contractor, agent or any other individual authorized by the Client to access and use the Services through subscriptions purchased by the Client, for the purposes specified herein. You are responsible for ensuring that all Authorized Users comply with this Agreement.
Foxize LMS reserves the right to update and modify the Terms of Service periodically without prior notice. New features that enhance or improve the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after such changes constitutes acceptance of those changes.
Violation of any of the terms below may result in the termination of your account. Although Foxize LMS prohibits such conduct and Content on the Service, you understand and agree that Foxize LMS cannot be held responsible for the Content posted on the Service and that you may be exposed to such materials. You agree to use the Service at your own risk.
ACCOUNT TERMS
To use the Services, the Client must obtain a valid Foxize LMS account, which may be obtained by registering at www.foxize.com/lms, completing the registration form, and providing all required information, including a valid email address (“Registration Data”). The Client may select an account name for its web space (e.g., myname.foxizecloud.com) that is not already in use by another user.
Login credentials may only be used by one individual; shared logins across multiple people are strictly prohibited. You may create individual sessions for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Foxize LMS cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
You are responsible for all Content posted and activity occurring under your account (including Content posted by others who have accounts under your account).
A person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any law in your jurisdiction (including but not limited to intellectual property laws).
Foxize LMS is under no obligation to verify the Client’s data. However, if Foxize LMS finds or suspects that such information is false, inaccurate, outdated or incomplete, it may suspend or terminate your account and refuse any current or future use of the Services (or part thereof).
PAYMENT TERMS, REFUNDS, UPGRADES AND DOWNGRADES
A valid credit card is required for paid accounts. No credit card is required for free accounts.
The Service is billed in advance on a monthly or annual basis, as applicable, and is non-refundable. There will be no refunds or credits for partial months of service, unused service periods, plan upgrades/downgrades, or unused months on an open account. No exceptions will be made.
Requests for payment via bank transfer require the issuance of an order by Foxize LMS to the Client and acceptance by the Client of the corresponding order form. Payment terms correspond to the full annual cost at the time of the order.
All fees are exclusive of taxes, duties or charges imposed by tax authorities; you are responsible for paying all such taxes, duties or charges.
For any upgrade to a higher plan, your credit card will automatically be charged the new rate on your next billing cycle.
For any downgrade to a lower plan, the new rate will not apply until the next billing cycle.
Downgrading your plan may result in loss of Content, features or capacity of your Account. Foxize LMS is not liable for such loss.
In the event of non-payment or returned payment, you will be notified. If there is no response within 7 days, your access to the Service will be automatically suspended. Data will be permanently deleted 6 months after the non-payment date.
CANCELLATION AND SUSPENSION
Clients may deactivate automatic contract renewal and the associated paid plan at any time through the platform.
If you cancel the Service before the end of the month/year you are currently paying for, the cancellation will take effect at the end of that paid period, and you will not be billed again.
For bank transfer payments or similar, cancellation must be received by Foxize LMS at least 60 days prior to the contract expiration date. Otherwise, the contract will automatically renew for the following year.
Incorrect management of the auto-renewal option by the Client excludes any right to a refund of charges applied by Foxize LMS.
Foxize LMS, at its sole discretion, may suspend or terminate your account and refuse any current or future use of the Service at any time and without notice in cases of: (a) fraudulent, criminal, malicious, severely negligent or otherwise improper behaviour, violation of applicable laws or regulations, or misuse of the Service; (b) demonstrated use negatively affecting Service performance; or (c) breach of these Terms of Service. Termination will result in deactivation or deletion of your Account and its Content.
MODIFICATIONS TO THE SERVICE AND PRICING
Prices for all Services, including monthly subscription fees, are subject to change with 30 days’ notice. Such notice may be provided by posting changes within the Service.
Foxize LMS shall not be liable to you or any third party for modifications, price changes, suspension or discontinuation of the Service.
CONTENT AND PERSONAL DATA
You own all content (including Personal Data) submitted by you or Authorized Users for use of the Services (“Content”), and you bear sole responsibility for its legality, reliability, integrity, accuracy and quality. Foxize LMS may suspend or terminate use of the Services and this Agreement upon receiving notification alleging that you and/or an Authorized User has used the Services for purposes violating any applicable law.
Execution of this Agreement requires us to process, transmit, and store Personal Data.
You acknowledge and agree that we process data relating to your employees or representatives, as well as connection data created through the operation and use of the Services, for administration, service management, business purposes, billing, and payment collection.
We process such Personal Data for our own business purposes for as long as necessary, for the duration of the Agreement and until payments are collected, unless legal obligations require otherwise.
You acknowledge that we use your name and email address to communicate information or promotions about the Services or new services. You may unsubscribe at any time.
RESPONSIBILITY FOR CONTENT STORAGE
The Client acknowledges that the Platform does not allow bulk or automated download of uploaded content. The Client is solely responsible for storing and safeguarding any content, documents or information uploaded.
The Service Provider assumes no liability for lost or inaccessible content and recommends maintaining appropriate backups.
Upon service termination, the Client may request extraction of stored materials, subject to assessment and quotation.
SECURITY AND PRIVACY
Data entered in Foxize LMS is hosted on Amazon servers in the EU, ensuring compliance with data hosting laws and industry security standards.
Personal data is retained for up to 10 years or as legally required.
Foxize LMS applies continuous updates, security measures, backups and monitoring. External audits or certification tests are not included.
The Client must maintain password confidentiality and security practices.
Foxize LMS processes data solely for contractual purposes and does not disclose it to unrelated third parties.
PRICING
Applicable prices are those displayed at the time of subscription. Renewals apply the price in effect at renewal time.
An updated price list is available at www.foxize.com/lms.
COPYRIGHT AND CONTENT OWNERSHIP
Foxize LMS does not claim ownership of materials provided by the Client.
Foxize LMS may reject or remove inappropriate or unlawful content.
GENERAL CONDITIONS
The Service is provided “as is” and “as available”.
Technical support is offered via email and ticketing.
Foxize LMS may contact users periodically; users may unsubscribe at any time.
Foxize LMS prohibits compromising system integrity, reverse engineering, unauthorized access, service disruption, or harmful transmissions.
Foxize LMS does not guarantee uninterrupted or error-free service.
Foxize is not liable for network outages or indirect damages.
Questions about the Terms of Service must be sent to: lms@foxize.com
