1. Scope and definitions
These Terms of Service (“Terms”) apply to the provision of Trident LMS by WISA Products & Services International – FZCO (“WISA”, “we”) to companies and other organisations (“Customer”). They apply only to business-to-business relationships, not to consumers.
- Service: Trident LMS, an online learning management platform, including the Customer-branded academy, the HR Director dashboard, access to the contracted courses, certificates and the features described in the proposal.
- Proposal: the commercial document accepted in writing by the Customer, setting out scope, number of users, courses, custom courses, term, price and payment terms.
- Contract: the accepted Proposal, these Terms and the Data Processing Agreement.
- Users: the staff or other persons the Customer invites to its academy, including administrators with HR Director access.
- Customer Content: logos, brands, documents, procedures and data supplied by the Customer, including Users’ personal data.
In case of conflict, the signed Proposal/contract prevails, then the Data Processing Agreement, then these Terms.
2. Contracting and term
The Service is contracted through a Proposal, for the access period stated in it (for example 12, 24 or 36 months), starting on the date the academy is activated unless the Proposal says otherwise. Renewal, if any, follows the Proposal. WISA may decline requests without giving reasons.
3. What WISA provides
- setting up and configuring the Customer’s academy with its name, logo and colours at its own web address;
- HR Director access for the administrators named by the Customer;
- User access to the contracted courses during the Contract term;
- custom courses, where included in the Proposal, based on materials supplied by the Customer;
- certificates with public verification for Users who complete courses and pass the final assessment;
- email support on business days, as set out in the Proposal.
The Service is delivered exclusively online and at each User’s own pace; it does not include classroom training, live sessions or tutor support unless agreed in writing.
WISA may improve, change or replace features and courses, provided it does not materially reduce the contracted Service during the current term.
4. Customer obligations
- name administrators and invite only authorised persons, keeping Users’ details accurate and up to date;
- ensure it has a legal basis to provide Users’ personal data and inform them about the processing as required by applicable law;
- ensure Customer Content does not infringe third-party rights or the law, and that it holds the rights needed for WISA to use it to provide the Service;
- keep credentials confidential and report any unauthorised use immediately;
- pay the price on the terms of the Proposal.
5. Acceptable use
The Customer and Users may not: share accounts or credentials (each account is personal and non-transferable); create false or duplicate accounts; copy, bulk-download, resell, sub-license or make courses available to third parties outside the academy; manipulate assessments, points (XP) or certificates; circumvent security measures, reverse-engineer or run penetration tests without written permission; upload malicious code; or use the Service for unlawful purposes. WISA may suspend accounts that breach these rules and will inform the Customer.
6. Intellectual property
The platform, software, design, brands and all catalogue courses belong to WISA or its licensors. During the Contract term the Customer receives a non-exclusive, non-transferable right to let its Users access the Service for internal training.
The Customer retains ownership of Customer Content and grants WISA a licence to use it as needed to provide the Service. Unless the Proposal says otherwise, custom courses are available only in the Customer’s academy; WISA retains ownership of the format, structure, software and generic elements, and the Customer retains ownership of its procedures and internal information included in those courses.
7. Confidentiality
Each party keeps confidential the other party’s non-public information received under the Contract (including internal procedures, commercial data and prices) and uses it only to perform the Contract. This does not apply to information that is public, already known, lawfully received from third parties or required to be disclosed by law, and it continues for 3 years after the Contract ends.
8. Data protection
For Users’ personal data, the Customer is the controller and WISA acts as processor under the Data Processing Agreement, which forms part of the Contract. WISA is the controller of the business contact details of the Customer’s representatives, as described in the Privacy Policy.
9. Availability and support
WISA aims to keep the Service available 24 hours a day, 7 days a week, but does not guarantee uninterrupted or error-free operation. Interruptions may occur for maintenance, preferably outside Luanda business hours and with prior notice when planned, and may be caused by third parties (for example hosting or telecoms providers). Specific service levels apply only if set out in the Proposal.
10. Price and payment
Price, currency, taxes and payment terms are set out exclusively in the Proposal. If payment is late, WISA may, after written notice, suspend access until payment is made.
11. Warranties and limitation of liability
WISA provides the Service with professional care. Courses are for training purposes and do not replace specific legal, technical or safety advice, nor the Customer’s legal obligations as an employer (for example practical training, inspections or certifications required by law).
To the extent permitted by applicable law: (a) neither party is liable for indirect loss, loss of profit, business or data; (b) WISA’s total liability under the Contract is limited to the amount paid by the Customer in the 12 months before the event giving rise to liability. These limits do not apply to wilful misconduct, gross negligence or liability that cannot be limited by law.
12. Suspension and termination
Either party may terminate the Contract in writing if the other commits a material breach and does not remedy it within 30 days of notice. WISA may suspend the Service immediately in case of a security risk, unlawful use or a serious breach of acceptable use.
When the Contract ends, User access ends. For 30 days after the end the Customer may request an export of the available training records (for example in Excel or CSV). After that, WISA deletes or anonymises Users’ personal data under the Data Processing Agreement, unless the law requires retention. The public verification page of certificates already issued may remain active to guarantee their authenticity, unless the Customer asks otherwise.
13. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, widespread power or telecoms failures, acts of authorities, war or large-scale cyber-attacks.
14. General
The Customer may not assign the Contract without WISA’s written consent. WISA may use subcontractors and remains responsible for the Service. If any clause is invalid, the rest remain in force. Changes to the Contract are valid only in writing. WISA may update these Terms; changes apply to running contracts from the next renewal unless required by law or not detrimental to the Customer.
15. Governing law and jurisdiction
Unless the signed contract provides otherwise, the Contract is governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, and any dispute is submitted to the courts of Dubai. The parties will first try to resolve any dispute by good-faith negotiation for 30 days.