Terms of Use – LevelUp

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the LevelUp platform ("LevelUp" or the "Platform"), operated by Technofocus Pte Ltd ("Technofocus," "we," "our," or "us").

By accessing or using LevelUp, you acknowledge that you have read and agree to these Terms. If you are accessing LevelUp on behalf of an organization, you represent that you are authorized to accept these Terms on that organization's behalf.

LevelUp is a digital learning and enablement platform that provides training courses, learning journeys, assessments, certifications, credentials, hands-on labs, simulations, enablement resources, and related learning services for Microsoft partners and other participating organizations.

Technofocus Pte Ltd is located at:

Technofocus Pte Ltd
138 Robinson Road
#26-01 Oxley Tower
Singapore 068906

Our Privacy Policy explains how we collect, use, disclose, retain, and protect Personal Data in connection with LevelUp and is incorporated by reference into these Terms.

Privacy Policy: https://technofocus.ai/privacy

2. Definitions

For purposes of these Terms:

"LevelUp" means the Technofocus-operated learning and enablement platform, including associated websites, applications, dashboards, learning content, assessments, labs, simulations, and related services.
"User," "you," or "your" means an individual who accesses or uses LevelUp.
"Partner" or "Organization" means an employer, Microsoft partner, sponsor, program participant, or other organization that provides or sponsors a user's access to LevelUp.
"Personal Data" means information relating to an identified or identifiable individual, as defined by applicable data protection laws.
"Services" means LevelUp and the learning, enablement, assessment, laboratory, simulation, credentialing, reporting, communication, and related services provided through or in connection with LevelUp.

3. Access to LevelUp

LevelUp may be accessed through different programs and access arrangements, including:

Microsoft Partner program-based access;
Access sponsored or provisioned by a participating organization;
LevelUp registration using a valid work email address; and
Other access arrangements made available by Technofocus from time to time.

Access to particular courses, learning journeys, labs, simulations, assessments, certifications, or other resources may depend on the applicable program, subscription, eligibility requirements, or organizational authorization.

Technofocus may modify, suspend, or discontinue particular features or resources from time to time.

4. Account Registration and Security

You are responsible for providing accurate information when registering for or using LevelUp.

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.

You must:

Use your own account and credentials;
Not share your account with another person;
Not attempt to access another user's account;
Keep your account information reasonably current;
Notify Technofocus promptly if you believe your account has been compromised; and
Use LevelUp only for legitimate learning and enablement purposes.

Technofocus may suspend or restrict an account where we reasonably believe that the account has been compromised, misused, or used in violation of these Terms.

5. Course Enrollment and Usage

Users may enroll in courses and learning programs made available to them through LevelUp.

Depending on the applicable program:

Courses may include Sales Ready, Tech Deal Ready, Project Ready, Project Ready with Labs, certification preparation, learning journeys, assessments, simulations, or other learning experiences.
A course may need to be completed within a specified period following enrollment.
Courses may be automatically deactivated after the applicable completion period.
Users may request reactivation by contacting LevelUp Support at support@skillupwithlevelup.com.
A maximum number of active course enrollments may apply to a user's account depending on the applicable program.

Specific enrollment limits, completion periods, or access rules may be communicated through LevelUp or by the sponsoring organization.

6. Account Inactivity, Archival and Retirement

Accounts that remain inactive may be archived or retired in accordance with the applicable program's account-retention practices.

Unless otherwise specified for a particular program:

Accounts may be archived after 60 days of inactivity.
Accounts may be permanently retired after 75 days of inactivity.
Retired accounts may not be restorable.

Before an account is archived or retired, users should download any completion reports or other information they are entitled to retain.

Account retirement does not necessarily mean that all information associated with a user is immediately deleted from every system or organization with which information may have been shared.

Personal Data may be retained where required or permitted by applicable law, contractual obligations, legitimate operational requirements, or applicable retention policies. Information previously provided to a sponsoring organization, program partner, or authorized integrated service may also be retained by that recipient in accordance with its own applicable privacy notice, contractual arrangements, and retention practices.

7. Microsoft Partner Subscription Access

Where LevelUp access is provided through a Microsoft Partner program:

Partner organizations may receive a specified number of seats allocated according to applicable eligibility or domain criteria.
A registered seat may be valid for 12 months, unless otherwise specified.
Courses may be subject to the applicable completion period following enrollment.
Inactive accounts may be archived and retired in accordance with Section 6.
Seats may expire at the end of the applicable subscription period.
Unused seats may be reallocated by the sponsoring organization or program administrator where applicable.

The availability and terms of Microsoft Partner access may change based on the applicable Microsoft program or agreement.

8. Learning and Program Reporting

Authorized Partner representatives, including Learning & Development managers and designated Reporting Managers, may receive access to reporting features depending on their organization's eligibility and role-based access assigned to them on LevelUp.

Reporting may include information such as:

Learner enrollment;
Course progress;
Course completion;
Assessment results;
Certifications;
Credentials and badges;
Learning journey participation;
Related learning activity and program metrics.

Reporting access is subject to applicable authorization and may be limited according to organizational requirements.

Where applicable, information about course enrollment, learning progress, completion, assessments, certifications, credentials, or related activity may also be shared with sponsoring organizations, Microsoft, EAS/Skilling Hub, or other authorized program partners to administer learning programs, validate participation or completion, provide reporting, issue credentials, or support related program objectives.

9. Data Privacy and Security

Technofocus processes Personal Data in connection with LevelUp as described in the Technofocus Privacy Policy.

Depending on the circumstances in which LevelUp is used, Technofocus may act as a data controller or as a data processor on behalf of a Partner organization.

Where Technofocus acts as a processor, processing is governed by the applicable agreement with the relevant Partner organization, including any applicable Data Processing Addendum.

The Privacy Policy provides additional information regarding:

Categories of Personal Data processed;
Purposes of processing;
Legal bases where applicable;
Data retention;
International data transfers;
Data subject rights;
Security measures;
Cookies and analytics; and
Third-party service providers and Sub-processors.

Privacy Policy: https://technofocus.ai/privacy

10. Integrated Platforms and Third-Party Services

LevelUp may integrate with third-party platforms and services to provide learning, assessment, laboratory, simulation, credentialing, communications, analytics, event, content, and other functionality.

Depending on the service being used, these providers may receive or process limited Personal Data in connection with their services.

The specific information shared with a third party depends on the applicable program, functionality, integration, and purpose.

Technofocus maintains a current list of third-party service providers that may process Personal Data in connection with our Services through our Sub-Processor List.

Sub-Processor List: https://technofocus.ai/subprocessors

Third-party services may also be subject to their own terms and privacy notices.

11. Skilling Hub Integration

LevelUp may integrate with Skilling Hub, operated by Extreme Arts & Sciences ("EAS"), to support partner skilling programs, user access, enrollment synchronization, learning progress, completion tracking, and related reporting.

Depending on the applicable program, Personal Data may be exchanged between Skilling Hub and LevelUp in both directions.

Information that may be provided to LevelUp by Skilling Hub

This may include:

Name;
Email address;
Organization information;
User eligibility or account information; and
Other information necessary to provision or manage access.

Information that may be provided by LevelUp to Skilling Hub

This may include:

Course or learning journey enrollment information;
Course completion information;
Learning progress or status information; and
Other information necessary to support program administration and reporting.

The specific information exchanged depends on the applicable program and integration configuration.

EAS and Technofocus may act as independent data controllers for certain processing activities, or in another legally applicable capacity depending on the specific processing arrangement.

Where applicable, international transfers of Personal Data are subject to appropriate contractual safeguards, including Standard Contractual Clauses or other lawful transfer mechanisms.

Users should also review the applicable Skilling Hub privacy information.

12. Second Nature Integration

LevelUp may integrate with Second Nature AI to provide AI-powered sales and pitch practice simulations.

Where users participate in Second Nature simulations through LevelUp, Personal Data may be provided to Second Nature for the purposes of administering simulations, evaluating performance, and providing related training functionality.

Depending on the configuration and functionality used, information processed may include:

First name;
Last name;
Email address;
Team or manager identifier, where applicable;
Practice activity and interaction data;
Audio recordings; and
Video recordings, where enabled.

Second Nature processes such Personal Data as a data processor on behalf of Technofocus pursuant to a Data Processing Agreement between the parties.

Second Nature's processing, security, confidentiality, international transfer, retention, and sub-processing arrangements are governed by the applicable Data Processing Agreement.

Users may also review the Second Nature Privacy Policy: https://secondnature.ai/privacy-policy/

13. Credentialing and Digital Badges

LevelUp may integrate with third-party credentialing platforms to support digital badges, certifications, achievements, or other credentials.

Where a user is eligible for a credential, information necessary to issue and manage that credential may be shared with the applicable credentialing provider.

This may include information such as:

Name;
Email address;
Organization;
Course or achievement information; and
Completion or credential status.

Users should review the applicable credentialing provider's privacy notice and terms for information about its processing of Personal Data.

14. Hands-On Labs and Simulation Services

Certain LevelUp courses may include hands-on laboratories, virtual environments, simulations, demonstrations, or interactive learning tools operated by Technofocus or third-party service providers.

Information necessary to provision and administer these experiences may be shared with the relevant service provider, including information such as:

Name;
Email address;
User or account identifiers;
Course or lab enrollment;
Lab activity; and
Interaction or completion information.

The use of these services is subject to the applicable program requirements and the Technofocus Privacy Policy.

15. Communications

Technofocus may send users communications relating to their LevelUp participation, including:

Enrollment confirmations;
Course reminders;
Learning progress notifications;
Completion notifications;
Program announcements;
Credential or badge information;
Support communications; and
Other administrative or service-related messages.

Technofocus may use authorized third-party communication platforms to deliver these communications.

Where applicable, users may manage communication preferences in accordance with the relevant program and applicable law.

16. User Responsibilities When Using AI and Simulation Features

LevelUp may provide AI-assisted simulations, role-play, pitch practice, assessments, and other interactive learning experiences.

Users should not submit confidential, proprietary, sensitive, customer, personal, or other information unrelated to the intended training activity into free-text fields, uploads, simulations, assessments, or other LevelUp features unless specifically requested or authorized for that purpose.

Users are responsible for ensuring that information they voluntarily submit through interactive learning features is appropriate for the intended learning activity.

AI-generated or automated feedback is provided for educational and training purposes and should not be treated as a substitute for professional, legal, financial, technical, or other expert advice.

17. Acceptable Use

You agree to use LevelUp only for lawful and authorized purposes.

You must not:

Attempt to gain unauthorized access to LevelUp or connected systems;
Circumvent access controls or subscription restrictions;
Share, resell, sublicense, or transfer your LevelUp access unless expressly authorized;
Copy, redistribute, publish, sell, or commercially exploit LevelUp content without permission;
Attempt to reverse engineer or interfere with LevelUp;
Introduce malware, malicious code, or other harmful material;
Use LevelUp to violate applicable laws or regulations;
Use LevelUp to infringe another person's rights;
Misrepresent your identity or organizational affiliation; or
Use LevelUp in a manner that could damage, disable, overburden, or impair the Platform or its availability to other users.

Technofocus may suspend or terminate access where it reasonably determines that these Terms or applicable policies have been violated.

18. Intellectual Property

LevelUp and its content, including but not limited to:

Courses;
Videos;
Presentations;
Text;
Graphics;
Assessments;
Labs;
Simulations;
Learning journeys;
Platform functionality;
Logos and trademarks; and
Other materials

are owned by or licensed to Technofocus or its respective licensors and are protected by applicable intellectual property laws.

Access to LevelUp does not transfer ownership of any intellectual property to you.

Subject to these Terms and your applicable access rights, Technofocus grants you a limited, non-exclusive, non-transferable, revocable right to access and use LevelUp content solely for your personal or authorized organizational learning purposes.

19. User-Submitted Content and Feedback

If LevelUp permits you to submit information, feedback, comments, responses, or other content, you retain ownership of your content to the extent you own it.

You grant Technofocus a limited right to process and use such content as reasonably necessary to:

Provide LevelUp functionality;
Deliver and evaluate learning experiences;
Provide support;
Maintain and improve the Services; and
Comply with applicable legal or contractual obligations.

You must not submit content that you do not have the right to submit or that violates applicable law or third-party rights.

20. Public or Shared Content

Where LevelUp provides forums, discussions, collaboration areas, or other features through which information may be visible to other users, you should exercise care before sharing Personal Data or confidential information.

Information voluntarily shared in public or shared areas may be visible to other authorized users.

You are responsible for the information you choose to disclose through such features.

21. Third-Party Links and Services

LevelUp may contain links to websites or services operated by third parties.

Technofocus does not control and is not responsible for third-party websites, products, services, content, or privacy practices.

Your use of third-party services may be governed by separate terms and privacy policies.

22. Availability and Changes to LevelUp

Technofocus continually updates and improves LevelUp.

We may:

Add or remove courses or learning resources;
Modify features;
Change technical requirements;
Introduce new learning or simulation functionality;
Modify integrations; or
Temporarily suspend functionality for maintenance, security, or operational reasons.

We will use reasonable efforts to maintain the availability of LevelUp but do not guarantee that the Platform will always be uninterrupted, error-free, or available.

23. Disclaimers

LevelUp is provided for learning and enablement purposes.

To the extent permitted by applicable law, Technofocus does not warrant that:

LevelUp will always be available;
Content will always be complete, accurate, or current;
Learning outcomes or assessment results will meet a particular objective; or
Third-party services will remain available or unchanged.

Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded or limited.

24. Suspension and Termination

Technofocus or the applicable sponsoring organization may suspend or terminate a user's access where:

The user's eligibility expires;
The applicable subscription or program ends;
The account becomes inactive;
The user violates these Terms;
The user engages in unauthorized or harmful activity; or
Suspension is reasonably necessary to protect LevelUp, its users, or third parties.

Upon termination or expiration of access, the user's right to access LevelUp and associated resources will cease.

Sections that by their nature should survive termination, including intellectual property, acceptable use, disclaimers, limitations of liability, governing law, and dispute provisions, will survive termination.

25. Limitation of Liability

To the maximum extent permitted by applicable law, Technofocus will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of LevelUp, including loss of data, revenue, profits, business opportunities, or goodwill.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

Where a Partner organization has entered into a separate written agreement with Technofocus governing LevelUp services, the liability provisions of that agreement will apply to the extent of any conflict with these Terms.

26. Governing Law and Dispute Resolution

These Terms are governed by the laws of Singapore, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms should first be addressed through good-faith negotiation between the parties.

If the dispute cannot be resolved through negotiation, the parties may seek mediation or pursue other remedies available under applicable law.

Nothing in these Terms prevents users located in the European Economic Area, United Kingdom, Switzerland, or another jurisdiction from exercising rights available to them under applicable mandatory law, including the right to lodge a complaint with a competent data protection supervisory authority.

27. Changes to These Terms

Technofocus may update these Terms from time to time to reflect changes to LevelUp, our Services, applicable laws, or our operational practices.

For material changes, we will provide reasonable notice through LevelUp, email, or another appropriate communication method.

The revised Terms will become effective on the date specified in the notice.

Your continued use of LevelUp after the effective date constitutes acceptance of the revised Terms, except where applicable law requires a different form of acceptance.

28. Contact and Support

For questions about LevelUp, technical assistance, or support, please contact:

LevelUp Support
Email: support@skillupwithlevelup.com

For questions regarding privacy or data protection, please refer to our Privacy Policy and contact the address specified there.