Terms of service

These terms are the agreement between Innovative Learning Solutions Ltd, trading as Learn Skills (company number 460035, VAT number IE9691078C), Platform94, Mervue Business Park, Galway H91 D932, Ireland (“we”, “us”) and the organisation that opens a Learn Skills LRS account (“you”). By creating an account or using the service you accept them on behalf of your organisation.

1. The service

Learn Skills LRS is a hosted Learning Record Store: it hosts and launches e-learning courses, records what learners do (as xAPI statements), provides an xAPI endpoint and keys, and shows reports. What each plan includes is shown on our pricing page and in your account.

The service is for businesses and other organisations, not for consumers. The person who accepts these terms confirms they may do so for the organisation.

2. Your account

• Keep sign-in details and LRS keys secret, and tell us straight away if you think someone else has them. Turn on two-step sign-in; we strongly recommend it.
• You are responsible for what happens in your account, including what the people you add to it do.
• Owners of an account can manage its plan and billing. Make sure we always have a working email address for you.

3. Plans, payment and cancelling

• Free plan: free of charge, within its limits. When a limit is reached (plus a small margin), new learners can’t start courses and new records are refused until the next month or until you upgrade. We may change the free plan’s limits with 30 days’ notice.
• Paid plans are billed in advance, monthly or yearly, by card through Stripe, and renew automatically until cancelled. Prices are shown without VAT; VAT is added where it applies. If you are a business outside Ireland and believe VAT shouldn’t be charged, send us your VAT number.
• Upgrading from the free plan starts the paid plan and its first billing period straight away. Changing between paid plans takes effect immediately, and the difference is worked out to the day and settled on your next invoice.
• Going over a paid plan’s limits never stops your courses or loses records. If you are consistently over, we will contact you about a plan that fits.
• Cancelling: any time, in the billing portal. The plan stays active until the end of the period you paid for and then returns to the free plan. We don’t refund part periods, unless the law requires us to.
• Price changes: we will tell you at least 30 days before a new price applies to your subscription.
• Failed payments: if a payment fails and isn’t settled after reminders, we may move the account to the free plan.

4. Your content

You keep all rights in the courses you upload and in your records. You give us the right to host, copy, process and show them only as needed to provide the service to you. You confirm you are allowed to upload and publish the courses, and that they follow our acceptable use policy, which is part of these terms.

Hosted courses are public to anyone who has their link or package, so don’t put confidential material in a course you share widely.

5. Learners’ data and data protection

For the personal data of your learners and anyone else in your records, you are the controller and we are your processor. Section 12 contains the data processing terms required by Article 28 of the GDPR. You are responsible for having a lawful basis for collecting learners’ data and for telling learners about it. Learners who start a course from its link are told that their results are shared with the organisation that provides the course; in your own LMS, telling them is up to you.

Our own handling of your account data is described in our privacy policy.

6. Availability and changes

We work to keep the service available at all times and to fix problems quickly, but we don’t guarantee it will be uninterrupted or free of errors. We may need short maintenance breaks; where we can, we do them at quiet times. We improve the service continually and may change features; we won’t remove a core feature of a paid plan during a period you have paid for.

7. Suspension

We may suspend an account, after a warning where reasonable, if it breaks these terms or the acceptable use policy, puts the service or other customers at risk, or if the law requires it. We will tell you why and restore it once the problem is fixed.

8. Ending the agreement

• You can close your account at any time by emailing us at support@lrs.ie.
• We can end the agreement with 30 days’ notice, or straight away if you seriously break these terms.
• Before closing, you can download your records through the xAPI interface. Within 30 days after the account is closed we delete your courses and records, except what the law requires us to keep, such as invoices.

9. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or anything else that cannot be limited by law.
• Otherwise, our total liability in any 12 months is limited to the amount you paid us in those 12 months, or €100 if that is more.
• We are not liable for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.
• We are not responsible for courses you upload, or for problems caused by your systems, your LMS or your internet connection.

10. Changes to these terms

We may update these terms. We will email account owners about changes that affect them at least 30 days before they apply. If you don’t agree, you can close your account before then.

11. Law

These terms are governed by Irish law, and the Irish courts have jurisdiction.

12. Data processing terms

These terms apply when we process personal data for you (Article 28 GDPR).

1. Subject and duration: providing the service, for as long as your account is open, and up to 30 days after, while the data is deleted.
2. Nature and purpose: hosting courses, receiving, storing and reporting on records of learning activity, and making them available to you through the dashboard and the xAPI interface.
3. Data: learners’ names and email addresses or user names on your learning platform; their course activity, answers, results, scores and times; and any other data your courses or systems send. People: your learners and the people in your account. Don’t send us special categories of data (such as health data) unless we have agreed it in writing.
4. Instructions: we process the data only to provide the service, on your documented instructions (these terms and how you use the service), unless the law requires otherwise, in which case we tell you first where allowed.
5. Confidentiality: everyone at Learn Skills with access to the data is bound to keep it confidential.
6. Security: we take appropriate technical and organisational measures (Article 32), including encryption in transit, access control, two-step sign-in for staff, short-lived keys for learners, daily backups and storage in the EU.
7. Sub-processors: you authorise the sub-processors listed in our privacy policy. We impose the same data protection obligations on them, remain responsible for them, and will tell you by email at least 30 days before adding or replacing one, so you can object. If we can’t address an objection, you can close the account.
8. Transfers: data is stored in Ireland. Any transfer outside the European Economic Area by a sub-processor is covered by appropriate safeguards such as the EU Standard Contractual Clauses.
9. Assistance: we help you, as far as reasonably possible, to answer requests from people exercising their rights, and with security, breach notification, impact assessments and consultations with the supervisory authority.
10. Breaches: we tell you without undue delay, and within 48 hours, after becoming aware of a personal data breach affecting your data, with the information you need to meet your obligations.
11. End: when the account closes we delete the data within 30 days (and from backups within a further 7 days), unless the law requires us to keep it. You can export it before then.
12. Audits: we give you the information needed to show we meet these obligations, and allow and contribute to reasonable audits, with reasonable notice and at your cost, no more than once a year unless there has been a breach.