These BetterCloud Training Program Terms of Use (the “Terms”) govern your access to and use of BetterCloud’s (“We” or “Us”) Training Program (defined below). By purchasing a seat or seats for the Training Program, or attending a Training Session (defined below), you (“You”) agree to these Terms, so please read them carefully. If You are purchasing a seat on behalf of someone else, or attending on behalf of a company, You represent that You have authority to do so and bind such person or company to these Terms, in which case “You” and “Your” shall also refer to them. These Terms include by reference BetterCloud’s Privacy Policy.

Please note that the Terms are separate from and independent of the Main Subscription Agreement, or any other similar agreement, between You and Us related to Our provision of products and/or services to You.

Terms Last Updated: August 27, 2020

1. The BetterCloud Training Program

1.1 Training Program
The BetterCloud Training Program, including the applicable Training Session(s) and Training Materials (together, the “Training Program”) is designed by Us to teach You certain skills and training with respect to Your use of the BetterCloud platform. Each of Our currently available training courses (each, a “Training Course”) will be provided to You in the manner described in the applicable course description training session at the times and dates designated by Us (“Training Session”).

Training Course Descriptions:

Administrative Fundamentals: BetterCloud Administrator Fundamentals training will explore and provide training around the basic capabilities of BetterCloud platform that are designed to allow you to serve as your organizations BetterCloud Administrator. This Training Course will be provided online with a live instructor. This course will be provided over a two-full day period. You must attend the Training Session on both days to complete the course.
The following deliverables and outcomes will be completed as part of the Service, subject to the terms herein:

1.2. Training Sessions, Training Materials, and the Training Lab
Subject to Your payment of the training fees for each applicable seat, if applicable, You will be permitted to register for a seat in an available Training Session. Please note seats are limited and will be provided on a first-come, first-served basis. We will provide You with additional information regarding the Training Sessions. Following Our confirmation of Your registration, a seat in the Training Session will be allocated to You. You may receive training materials for the applicable Training Course (the “Training Materials”).

For the duration of the applicable Training Session only, we may grant You with limited access to Our BetterCloud platform for training purposes only (“Training Lab”). The Training Program does not provide You with a valid subscription to any of the BetterCloud products or services. You are allowed to retain a single copy of the Training Materials for Your own internal use, and are not permitted to copy, modify, resell, distribute, share or make available the Training Materials or Training Lab to any third parties or other individuals.

Upon the completion of the entire Training Session, You will receive a certificate of attendance and completion for the applicable Training Session. You permit Us to disclose whether or not You completed the Training Session to third parties, if We are asked about the status of Your completion of any Training Session, or include such information in a searchable list.

1.3 Non-BetterCloud Applications
The Training Program may contain components designed to interoperate with third party SaaS applications. To use such components, You may be required to obtain access to such third party SaaS applications from their providers, and may be required to grant Us access to Your account(s) on such applications.

1.4 Training Session Restrictions and Code of Conduct
Each training seat is purchased on a per attendee basis and can only be used by one individual. Please note that we may ask You to present to Us a valid government-issued picture identification to confirm Your identity. Your registration for a Training Session is non-transferable without Our written permission. You are not permitted to record, capture, or distribute the Training Session or any portion or aspect of the Training Session, including the Training Materials or the Training Lab. You are not permitted to allow other individuals to view or access the Training Session, Training Lab, or Training Materials without Our permission.

We have a ZERO TOLERANCE POLICY for harassment of any kind. If You witness any such behavior, please notify Our representative immediately, and We will investigate it. We reserve the right to refuse admission to a Training Session, or to require a person to leave an active Training Session without a refund, if any person behaves in a disorderly, disruptive, harassing, vulgar, obscene, indecent, defamatory, hateful or otherwise offensive manner (including conduct consisting of disparaging statements or opinions regarding race, gender, gender identity and expression, ethnic background, age, sexual orientation, disability, physical appearance, body size, religion or lack thereof, or technology choices), as determined by Us in Our sole discretion.

1.5 Rescheduling or Cancellation by You
If You are unable to attend and wish to transfer Your registration to another individual at Your company, please contact CTE@bettercloud.com at least one (1) day prior to the scheduled Training Session and include Your contact information and the contact information of the person You wish to transfer Your registration to. We will do Our best to accommodate Your request.

If You are unable to attend the Training Session on the designated date and time, You may reschedule Your attendance for another Training Session date and time at any time, through the training session management platform, up to 48 hours prior to the first day of the Training Session in order to be eligible to reschedule your attendance for another Training Session.

1.6 Rescheduling or Cancellation by Us
We reserve the right to change or cancel the dates and times of the Training Sessions, and/or the Training Session content.

We will use reasonable efforts to notify You of such changes in a timely manner. If we cancel a specific Training Session, the fees associated with that Training Session will be applied to a future Training Session. If We discontinue the Training Program or the applicable Training Course, We will issue You a refund of Your prepaid training fees in a reasonable manner.

1.7 Term
You must commence or complete the Training Session within one (1) year of Your purchase of the applicable training seat for the Training Program. Your failure to do the foregoing will result in Your forfeiture of the training fees and the right to schedule a Training Session.

2. Privacy

Information related to how we collect, process, and use the personal information You submit to Us as part of Your registration for the Training Program is included in Our BetterCloud’s Privacy Policy. We will use this information to keep You updated on information related to the Training Program, such as scheduling the Training Sessions. By registering for or attending the Training Program, You allow us to disclose Your personal information to Our subprocessors, who help us organize and provide the Training Program and Our products and services (as updated from time to time and we shall notify You of such changes by updating these Terms).

Sub-Processors	Contact Details	Subject Matter of the Processing
EdInvent Inc. (Accredible)	www.accredible.com 800 West El Camino Real, Suite 180 Mountain View, CA 94040	Digital credentials to validate attendance and completion of training courses

Such third parties may have their own privacy policies that apply to their processing of Your personal information. You should review their policies.

3. Payment Terms

You agree to make payments for the fees associated with the Training Program, if applicable, in a timely manner and in accordance with Our reasonable instructions either during the registration process or as mutually agreed upon by the parties in writing. You agree that Your registration fees are non-cancellable and non-refundable, except as set forth in these Terms. Please note that we may use a third party to process such payments, as may be listed in Section 2. You are responsible for all taxes associated with Your participation in the Training Program.

4. Intellectual Property

We retain all rights, title, and interest in and to the BetterCloud Training Program, Training Materials, Training Lab, the “BetterCloud” name, and the BetterCloud logo, and Our products and services. You grant to Us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into Our services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the Training Program and/or Our products or services.

5. Assumption of Risk, Disclaimers and Limitation of Liability

To the maximum extent permitted by applicable law, We disclaim any and all representations and warranties, whether express, implied, statutory, or otherwise, related to the Training Program. The Training Program is provided “as-is”. We have no obligations to provide any support or maintenance for the Training Program or Our Products or services based on Your participation in the Training Program.

Please note that attendance and/or completion of the Training Session does not guarantee the actual performance of any individual, and You are strictly prohibited from making any such statements.

To the maximum extent permitted by applicable law, Our maximum aggregate liability, for all damages, losses and causes of action in connection with the Training Program, whether in contract, tort (including negligence) or otherwise, will be the amount of the Training Program fees, if any, paid by You. We shall not be responsible for, liable for, and no reimbursement will be issued to You for any damages, costs, or losses incurred, directly or indirectly, as a result of any modifications or cancellations for any reason, except as set forth in these Terms.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

6. Force Majeure

In the event of a force majeure event (including but not limited to natural or public disaster, government regulation or shutdown, venue construction, travel-related problems, inclement weather, labor controversy, civil disturbance, acts or threats of terrorism, armed conflict, CDC or WHO advisories, or similar reasons beyond Our reasonable control), We reserve the right, in Our sole discretion, to cancel, reschedule, or modify the Training Program, including the date, time, training medium, and content.

7. Miscellaneous

We reserve the right to modify or amend these Terms at any time in Our sole discretion by posting the revised Terms on Our website. Your attendance and participation in the Training Program will constitute Your acceptance of the revised Terms. Sections 1, 2, 4, 5, 7, and any other section which by its nature survive, will survive the expiration of these Terms. These Terms apply only between You and Us and do not confer any rights to any third party. These Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws rules. The exclusive venue and jurisdiction for any and all disputes, claims and controversies arising from or relating to these Terms shall be the state or federal courts located in New York County, New York. In the event that any provision of these Terms conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of these Terms shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. These Terms and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or communications with respect to the subject matter hereof, including any Master Subscription Agreement, reseller or similar agreements previously executed by the parties.

8. Contact Us

If You have any questions or concerns about these Terms, please feel free to email Us at CTE@bettercloud.com.