At TraineryHCM, protecting your personal information is a core responsibility. We are committed to maintaining transparency, safeguarding your data, and ensuring your information is handled securely and responsibly across our platform.
Last Updated: July 15, 2026
These Terms of Use govern access to and use of the Trainery.ai platform and related services made available by Trainery One, LLC ("Trainery One," "we," "us," or "our"). By accessing or using the platform, you agree to these Terms on behalf of yourself and the organization you represent ("Customer").
If you have entered into a separate Master Services Agreement or other written agreement with Trainery One governing your use of the platform ("Governing Agreement"), that Governing Agreement takes precedence over these Terms in the event of any conflict. These Terms apply to the extent not superseded by a Governing Agreement.
"Platform" means the TraineryHCM software-as-a-service application and any related tools, features, and documentation made available by Trainery One.
"Customer Data" means all data, content, and information submitted to or processed through the Platform by Customer or its Authorized Users.
"Authorized Users" means Customer's employees, contractors, and agents who are permitted to access the Platform under Customer's account.
Trainery One grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the applicable subscription term solely for Customer's internal business purposes.
Customer is responsible for ensuring that all Authorized Users comply with these Terms. Customer is responsible for all activity that occurs under its account.
Customer agrees not to: reverse engineer, decompile, or disassemble the Platform; use the Platform to develop a competing product or service; resell or sublicense access to the Platform; use the Platform in violation of applicable law; upload content that infringes third-party intellectual property rights; or introduce malicious code or security vulnerabilities into the Platform.
As between Customer and Trainery One, Customer retains all rights, title, and interest in and to Customer Data. Trainery One acquires no ownership rights in Customer Data. Trainery One will process Customer Data solely to provide and support the Platform and as described in our Privacy Policy. Trainery One will not use Customer Data to train machine learning models or for purposes unrelated to providing the Platform to Customer without Customer's prior written consent.
Trainery One may collect and use aggregated, anonymized data derived from Platform usage for product improvement, benchmarking, and analytics purposes, provided such data does not identify Customer or any individual Authorized User.
Customer represents that it has all necessary rights to submit Customer Data to the Platform and that doing so does not violate any applicable law or third-party rights.
Trainery One owns all rights, title, and interest in and to the Platform, including all software, features, functionality, and improvements. Nothing in these Terms transfers any intellectual property rights to Customer.
Customer owns all rights in and to Customer Data. Nothing in these Terms transfers any rights in Customer Data to Trainery One beyond what is expressly stated in Section 3.
Each party may have access to the other party's confidential information. Each party agrees to protect the other's confidential information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Neither party will use the other's confidential information except as necessary to fulfill its obligations under these Terms.
Confidential information does not include information that is publicly available through no fault of the receiving party, independently developed without reference to the disclosing party's information, or required to be disclosed by law or regulation.
Trainery One maintains commercially reasonable administrative, physical, and technical safeguards to protect Customer Data. Trainery One's platform is hosted on AWS infrastructure, which maintains SOC 2 Type II certification.
In the event of a confirmed security incident affecting Customer Data, Trainery One will notify Customer without undue delay and, in any event, within 72 hours of confirming the incident.
A current list of Trainery One's authorized subprocessors is available upon request.
Trainery One will use commercially reasonable efforts to make the Platform available in accordance with its Service Level Agreement, available at TraineryHCM.ai/service-level-agreement.
Trainery One may update or modify the Platform from time to time. Trainery One will provide reasonable advance notice of any modifications that materially reduce core functionality during an active subscription term.
Features designated as "beta," "early access," or "preview" are provided as-is and are not subject to the availability commitments in the Service Level Agreement.
Fees for Platform access are set forth in the applicable Order Form or Statement of Work. Unless otherwise stated, fees are due annually in advance.
Invoices not paid within 30 days of the due date will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Trainery One may suspend Platform access for accounts more than 60 days past due after providing written notice and a 10-day opportunity to cure.
These Terms remain in effect for the duration of Customer's subscription term as set forth in the applicable Order Form or Statement of Work.
Either party may terminate these Terms for material breach if the breaching party fails to cure such breach within 30 days of written notice.
Trainery One may suspend or terminate Customer's access immediately if Customer violates Section 2 (prohibited uses), engages in conduct that poses a security risk to the Platform or other customers, or fails to pay fees after the cure period in Section 8.
Upon termination, Customer will have 60 days to export Customer Data from the Platform. Following that period, Trainery One may delete Customer Data in accordance with its data retention policies. Trainery One will certify deletion in writing upon request.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TRAINERY ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR A GOVERNING AGREEMENT.
TRAINERY ONE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. TRAINERY ONE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SUBPROCESSORS EXCEPT TO THE EXTENT TRAINERY ONE FAILS TO MAINTAIN THE SECURITY STANDARDS SET FORTH IN SECTION 6.
NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE TWELVE MONTHS PRECEDING THE CLAIM.
THE FOLLOWING ARE NOT SUBJECT TO THE LIABILITY CAP ABOVE: DAMAGES ARISING FROM A PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS; DAMAGES ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; CUSTOMER'S OBLIGATION TO PAY FEES DUE; AND DAMAGES ARISING FROM A CONFIRMED SECURITY BREACH DIRECTLY AFFECTING CUSTOMER DATA, FOR WHICH TRAINERY ONE'S LIABILITY WILL NOT EXCEED THE LIMITS OF ITS THEN-CURRENT CYBER LIABILITY INSURANCE POLICY.
Trainery One will defend Customer against any third-party claim alleging that the Platform, as used in accordance with these Terms, infringes a third party's intellectual property rights, and will pay damages finally awarded in connection with such claim.
Customer will defend Trainery One against any third-party claim arising from Customer Data, Customer's misuse of the Platform, or Customer's violation of applicable law, and will pay damages finally awarded in connection with such claim.
The indemnified party must provide prompt written notice of any claim, cooperate reasonably at the indemnifying party's expense, and permit the indemnifying party sole control of the defense and settlement, provided no settlement may impose obligations on the indemnified party without its prior written consent.
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any legal action arising under these Terms shall be brought in the state or federal courts located in Wake County, North Carolina.
Where Customer has entered into a Governing Agreement specifying a different governing law or venue, the Governing Agreement controls.
These Terms, together with any applicable Governing Agreement, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements.
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
Trainery One may update these Terms from time to time. Material changes will be communicated to active customers with at least 30 days' advance notice. Continued use of the Platform following the effective date of the updated Terms constitutes acceptance.
Questions about these Terms may be directed to support@trainery.one or 800-397-5215.
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