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Subscription Terms-of-Use

We are Bundle LLC (“Bundle,” “we,” “us” or “our”).

You can contact us by email at wecare@bundleskills.com or by mail to 418 Broadway, STE N, Albany, NY 12207, United States.

These Legal Terms constitute a legally binding Agreement (the "Agreement") made between you, whether personally or on behalf of an entity ("Customer" and "you"), and Bundle LLC, concerning your access to and use of the Services. You agree that by accessing or utilizing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. 

1. Services

Bundle shall provide the services of Bundle sessions and/or programs ("Services") to the Customer's employees (the "Users" or "Learners") as described on more or more Subscription Enrollment Forms signed by the Customer that reference this Agreement ("Subscription Enrollment Form").

Bundle shall perform the Services in a prompt manner no later than the ("Subscription Effective Date") specified in the Subscription Enrollment Form. This Subscription Effective Date is subject to change if mutually agreed upon by both Customer and Bundle. Customer shall assist Bundle by promptly providing all information request known or available and relevant to the Services in a timely manner. 

2. Access to the Subscription Services

  1. Access. Subject to the terms and conditions of the Agreement, and for the duration of the period set forth in the Subscription Enrollment Form, Bundle hereby grants Customer a limited, non-exclusive, non-transferable right to, and to permit its Learners to, access and use the Services, solely for Customer's internal business purposes. The number of Learners shall not exceed the permitted maximum listed on the related Subscription Enrollment Form. Customer will, and will ensure that its Learners will, use the Services only in accordance with the Agreement. 

  2. Account. Bundle will create an account for Customer to allow Customer and its Learners to access the Services ("Account"). Using the Subscription Admin Dashboard the Customer may track progress, usage, and results of its Learners. To protect the Customer's and Learners' account, Customer and Learners will keep the Account details and password confidential, and notify Bundle of any unauthorized use. Customer and Learners are responsible for any activity that occur under its Account. Customer and Learner may not assign or otherwise transfer its Account to any other person or entity. 

  3. Sessions. Learners may utilize Bundle's self-service scheduling platform to schedule live, virtual sessions ("Sessions") facilitated by a Bundle expert trainer ("Trainers") in which the Trainer discusses a topic with the Learner. In addition the Services allow Learners to take placement and progress assessments and download, access, and review certain documentations and materials related to the Sessions. 

  4. Changes to Subscription Services. Bundle continually strives to improve its product and services and reserves the right to improve or modify the Service in any manner at any time, including the Term, at Bundle's sole discretion; provided however that such improvements and modifications will not materially reduce the functionality of the Services. 

  5. Compliance with Laws. Bundle, in its provision of the Services, shall comply with all applicable laws including without limitation laws governing protection of personally identifiable information. At Customer's request, Bundle will return or destroy all personally identifiable information provided by Customer to Bundle.

3. Fees

Customer agrees to pay the fee to Bundle as outlined in the Subscription Enrollment Form (the "Fees").  Customer agrees to enroll in recurring payments and pay all Fees invoices on the payment terms and frequency listed on the Subscription Enrollment Form. Except as expressly provided in the Agreement, all payments are non-refundable and neither party will have the right to set off, discount or otherwise reduce or reuse to pay an amounts due to the other party. The Fees are exclusive of taxes. Payments due to Bundle under the Agreement must be made in U.S dollars. If highest rate permitted by applicable law and Bundle may suspend the Services until all payment are made in full. Bundle will give Customer at least ten (10) days prior notice before suspending the Services. 

4. Term and Termination

  1. Term. This Agreement shall commence on the Subscription Effective Date and will remain in full force and effect for twelve (12) months (the "Initial Term"). After the Initial Term, this Agreement shall automatically renew and enter into a month-to-month term (the "Renewal Term") until terminated by either party with at least thirty (30) days written notice prior to the last day of the then-current month. 

  2. Termination. Either party may terminate this Agreement during the Term upon written notice to the other party at least thirty (30) days before the last day of the then-current term.

  3. Effect of Termination. Upon any expiration or termination of the Agreement: (a) the licenses granted under the Agreement will terminate and (b) each party will return or destroy all Confidential Information of the other party in its possession or control in a manner consistent with standard industry practices, taking into consideration the nature of the data. 

5. Security and Privacy

Bundle will maintain reasonable administrate, physical, and technical safeguards for protection of security, confidentiality and integrity of Company Data. All Company Data shall be processed in accordance with applicable U.S. local, state, and federal laws. Bundle's handling of any personally identifiable information shall be in accordance with Bundle's Privacy Policy, available on its website and as amended from time to time. 

6. Intellectual Property and Licensing

  1. Ownership and Reservations of Rights. Subject to the limited rights expressly granted under the Agreement, Bundle reserves and retains all of the rights, titles and interests in and to the Services. No rights are granted to Customer under the Agreement other than the limited licenses expressly set forth in the Agreement. Subject to limited rights expressly granted under the Agreement, Customer retains all right title and interests in and to User Content, including Customer's related intellectual property rights as well as all improvements thereto and derivative works therefrom. No rights are granted to Bundle under the Agreement other than the limited licenses expressly set forth in the Agreement. 

  2. License by Customer to Host User Content. Customer grants Bundle a limited-term license to access it's User Content solely for the purposes of providing the Services, and to host, copy, transmit and display User Content, as necessary for Bundle to provide the Services in accordance to this Agreement. 

  3. License by Customer to Use Feedback. Customer grants Bundle perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestions, enhancement requests, recommendations, corrections or other feedback provided by Customer or its Learners relating to the operations of Services as long as such feedback does not include User Content of Customer Confidential Information. 

  4. Links to Third Party Websites or Resources. The Service may allow Customers and its Learners to access third-party websites or other resources. Bundle provides only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Customer acknowledges it is solely responsible for and assumes all risk arising from, Customer's use of any third-party resource. 

7. Customer Responsibility and Bundle's Enforcement Rights

  1. Compliance with Laws. Customer, in its use of the Services, shall comply with all applicable laws including without limitation laws governing protection of personally identifiable information.

  2. Restrictions. Customer will not, and will not encourage any individual to: (a) make the Services available to, or use the Services for the benefit of, anyone other than Customer and its Learners, (b) sell, resell, license, sublicense, distribute, rent or lease the Services, or include any Service in a service bureau or outsourcing offering, (c) use the Services to store, transmit or display vulgar, offensive, fraudulent, infringing, defamatory, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy, intellectual property or proprietary rights, (d) attempt to interfere with the access of any user to the Services, including without limitation by sending a virus to or flooding the Services, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (f) attempt to gain unauthorized access to the Services or its related systems or networks or breach any security or authentication measures, (g) copy the Services or any part, feature, function or user interface thereof, (h) frame or mirror the Services, or any individual element within the Services, such as the Sessions, Content, Bundle's name, any Bundle trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, other than framing on Customer’s own intranets or otherwise for Customer’s own internal business purposes or as permitted in the documentation, (i) access any Services or use any other Bundle's Confidential Information for competitive analysis or in order to build a competitive product or service, (j) reverse engineer the Services (to the extent such restriction is permitted by law) or (k) utilize the Services to violate any statute, rule, regulation, code or ordinance.

  3. Users. Customer shall provide notice to its employees as to the availability of the Services in Customers reasonable discretion. Customer will provide Bundle with the names, role, and corporate email addresses of all eligible employees ("Company Data") to allow Bundle to verify and onboard each User. Bundle may send each authorized User an email invitation to allow User to set up an Account on Bundle's website. Customer acknowledges and agrees that the accuracy of the Company Data provided is the sole responsibility of the Customer.

  4. Bundle is not obligated to monitor use of the Services or review User Content. However, Bundle has the right to do so for the purpose of operating and providing the Services, to ensure compliance with the Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, if Bundle, in its sole discretion, considers it to violate the Agreement. We have the right to investigate violations of the Agreement and conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Learners who violate the law. If Bundle reasonably concludes that a Learner is using the Services in violation of the Agreement, Bundle may suspend Customer’s access to the Services in addition to and without prejudice to any other remedies Bundle may have.

8. Confidential Information

  1. Definition. ("Confidential Information”) means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in the Receiving Party’s possession at the time of disclosure without an obligation of confidentiality; (ii) is independently developed by the Receiving Party without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of wrongdoing by the Receiving Party; or (iv) is approved for release in writing by the Disclosing Party.

  2. Confidentiality Restrictions. The Receiving Party shall not use Confidential Information for any purpose other than to provide, facilitate, access or use the Services as allowed under the Agreement. The Receiving Party shall not disclose Confidential Information: (i) to any employee or contractor of the Receiving Party unless such person needs access in order to provide, facilitate access or use the Services and is subject to a nondisclosure agreement with the Receiving Party; or (ii) to any other third party without the Disclosing Party’s prior written consent, or as expressly permitted under the Agreement. The Receiving Party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. 

9. Indemnification

Customer will defend, indemnify and hold Bundle harmless from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) arising from or relating to any claims regarding elements or materials provided by Customer and incorporated into the Services. 

10. Warranty Disclaimers.

THE SERVICES AND SESSIONS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BUNDLE EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUNDLE MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S  REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUNDLE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SESSION AND CONTENT. YOU UNDERSTAND AND AGREE THAT ANY OPINIONS EXPRESSED BY TRAINERS VIA THE SERVICES ARE THEIR OWN. WITHOUT LIMITING THE FOREGOING, BUNDLE DOES NOT ENDORSE ANY TRAINER OR  GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY TRAINER OPINIONS, DISCUSSIONS WITH TRAINER (WHETHER AS PART OF THE SESSION OR OTHERWISE) OR OTHER COMMUNICATIONS POSTED OR PROVIDED BY TRAINER VIA THE SERVICES. USE OF OR RELIANCE UPON ANY INFORMATION OR OPINIONS PROVIDED BY THE TRAINER IS SOLELY AT CUSTOMER’S OWN RISK.

10. General Terms

  1. Publicity. Bundle may reference Customer’s name and any Customer trademark and logo in listings of Bundle’s customers; provided that Customer may require Bundle to cease or modify any use of Customer’s name or logo that is misleading or tends to dilute Customer’s brand. In addition, upon Customer’s prior review and approval (which approval shall not be unreasonably withheld or delayed), Bundle may reference Customer’s name and any Customer trademark and logo, as well as other information pertaining to the provision and results of the Services provided, in case studies and other Bundle marketing materials unless explicitly denied by Customer in writing. 

  2. Notices. Ordinary day-to-day operational communications may be conducted by email , telephone, or SMS, communications. Any other written notices required by this Agreement will be sent by email to wecare@bundleskills.com. 

  3. Waiver of Rights. A party’s failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of that party. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise.

  4. Subcontracting. Bundle may use subcontractors, and other third-party providers (“Subcontractors”) in connection with the performance of its own obligations hereunder as it deems appropriate; provided that the Bundle remains responsible for the performance of each such Subcontractor. 

  5. Independent Contractors. The relationship between the parties is that of independent contractors. Nothing in the Agreement shall be construed to establish any partnership, joint venture or agency relationship between the parties. Neither party will have the power or authority to bind the other or incur any obligations on the other’s behalf without the other party’s prior written consent.

  6. Mutual Warranty. Each party represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under the Agreement.

  7. Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between Bundle and Customer regarding the Services, and the Agreement supersede and replace all prior oral or written understandings or agreements between Bundle and Customer regarding the Services. The parties agree that any term or condition stated in Customer’s Subscription Enrollment Form is void. This Agreement may be amended or modified only by a written document executed by duly authorized representatives of the parties.