Plex Systems, Inc. (“Plex”) makes education services software and programs (“Education Services”) such as its All Access Pass subscription service (“AAP”) and Boot Camp training (“Boot Camp”) for the benefit of Authorized Users (as defined below) from customers and qualified partners (each, a “Customer”) that subscribe to Plex’s proprietary web-based ERP software platform (“PLEX”) and/or are enrolled in the Plex Partner Program. This Education Services Acceptable Use Policy (“Education Services Policy”) governs the terms and conditions for the Education Services provided by Plex to Customers and their Authorized Users who access or use the Education Services.
Requirements Before Using Education Services
The following are requirements for Customers and their employees or service providers (each, an “Authorized User”) before accessing, using, registering and/or attending, as applicable, any of the various Education Services programs:
- Customer must have a current subscription for access to and use of PLEX.
- Customers must subscribe to AAP and/or purchase the quantity of seats sufficient for the desired number of their Authorized Users to attend Boot Camp (“Boot Camp Seats”).
- Authorized Users must create an account (“Authorized User Account”) by going to the Plex Education Portal at https://education.plex.com.
- To attend Boot Camp, Authorized Users must first select and register for a Boot Camp session by visiting the Boot Camp Registration Site.
- Within the Plex Education Portal, the Authorized User must agree to accept the terms and conditions of this Education Services Policy. By clicking on the checkbox next to “I agree to the terms and conditions of the Education Services Acceptable Use Policy,” the Authorized User is acknowledging his/her understanding and acceptance of this Education Services Policy which shall be incorporated by reference into the subscription agreement between Customer (or its Affiliate) and Plex covering Customer’s access to and use of PLEX (as amended, modified or replaced from time to time, the “Subscription Agreement”).
Registration for Education Services
- Once an Authorized User has created an Authorized User Account, he/she may register to access AAP courses.
- Authorized Users wishing to attend Boot Camp must also register through the Boot Camp Registration Site and should carefully read the terms in the Boot Camp section below.
- Boot Camp Seats. The number of Customer’s Authorized Users permitted to attend Boot Camp cannot exceed the quantity of Boot Camp Seats purchased by Customer for its Authorized Users under the terms of its Subscription Agreement. Boot Camp Seats not purchased at the time of Customer’s initial subscription to PLEX under a Subscription Agreement may subsequently be purchased by Customer as a separate transaction pursuant the terms of the Subscription Agreement. Standard rates in effect at the time of purchase shall apply and, subject to the terms of Customer’s Subscription Agreement, any rates or discounts applicable to prior purchases of Boot Camp Seats will not be applicable to such subsequent purchases.
- Period for Use of Boot Camp Seats. All Boot Camp Seats must be used within one (1) year of the date of purchase after which such Boot Camp Seat shall automatically expire (“Boot Camp Seat Expiration Date”) and neither Customer nor any Authorized User will be permitted to use such Boot Camp Seat. Customer will be required to purchase another Boot Camp Seat if it desires to have an Authorized User attend Boot Camp.
- Pre-Registration. Authorized Users must pre-register to attend Boot Camp through the Boot Camp Registration Site at least two (2) business days prior to the day the Boot Camp initial session is scheduled to take place. Drop-ins who show up on the day of the initial Boot Camp session without having pre-registered at least two (2) business days prior may not be admitted for attendance at Boot Camp. Plex has the sole and absolute discretion to admit or deny admission to any Authorized User who did not register through the Boot Camp Registration Site at least two (2) business days prior to the day of the initial Boot Camp session and Plex shall not be liable to any Authorized User or Customer for not admitting such Authorized User in such circumstances.
- Cancelation by Authorized User. Authorized Users who cannot attend a Boot Camp session for which they registered must cancel their registration through the Boot Camp Registration Site at least ten (10) business days in advance of the scheduled Boot Camp session to avoid cancelation fees. Cancellations received by Plex after 5:00 P.M. Eastern Time will be considered received on the following business day.
- Cancelations received by Plex through the Boot Camp Registration Site at least ten (10) business days prior to the day of the initial Boot Camp session for which an Authorized User is registered will receive a 100% credit to be applied towards enrollment at a future Boot Camp (through the Boot Camp Registration Site) held within ninety (90) days of the date of the Boot Camp for which such Authorized User’s registration was canceled.
- Cancelations not received by Plex through the Boot Camp Registration Site or received less than ten (10) business days prior to the day of the initial Boot Camp session for which an Authorized User is registered will receive a 50% credit to be applied towards enrollment at a future Boot Camp (through the Boot Camp Registration Site) held within ninety (90) days of the date of the Boot Camp for which such Authorized User’s registration was canceled. If for any reason the fees for enrollment at such canceled registration were not paid in advance by Customer, Customer will be charged a fee equal to fifty percent (50%) of the full Boot Camp fee which may be invoiced by Plex in accordance with its standard invoicing practices for such Education Services.
- Cancelation by Plex. Plex may cancel Boot Camp for any reason, including, without limitation, for low number of registrants, weather, illness, or any other situation beyond Plex’s control. If Plex cancels a scheduled Boot Camp session, Plex will attempt to notify Authorized Users registered for such Boot Camp at least one (1) week prior to the scheduled day of the initial Boot Camp session. Customers will receive a 100% credit to be applied towards enrollment at a future Boot Camp (through the Boot Camp Registration Site) held within one hundred eighty (180) days of the date of the canceled Boot Camp or the Boot Camp Seat Expiration Date, whichever is later.
- Boot Camp Fees Non-Refundable. All fees associated with purchasing Boot Camp Seats and other fees associated with registration and enrollment for Boot Camp are non-refundable. If eligible, Customer will be permitted to apply the approximate value of the Boot Camp Seat (based on the amount paid at the time of purchase) towards registration and attendance at a future Boot Camp session within the applicable period specified by Plex which shall be in full satisfaction of Plex’s obligations for Customer’s rights to use the purchased Boot Camp seat. Except as described in the preceding sentence, Plex shall have no obligation to issue, apply or pay any credits, refunds (full or partial) or other amounts towards or in exchange for any Boot Camp Seat or any Boot Camp session (or portion thereof) that is not used (i) due to Customer’s or an Authorized User’s cancelation (other than as permitted under any applicable cancellation terms above) or failure to attend for any reason; or (ii) prior to the applicable Boot Camp Seat Expiration Date, as described above. Plex shall have no liability to Customer, any Authorized User or any third party for any damages, losses, claims or amounts, associated with Plex’s cancelation of any Boot Camp or expiration of any Boot Camp Seat, including, without limitation, any amounts for costs, fees, payments, refunds, penalties or expenses associated with travel to or from a Boot Camp location.
- Boot Camp Attendance. All Authorized Users must attend each Boot Camp session in its entirety. No substitutions of classes, sessions or other Authorized Users (or attendees) will be permitted. Boot Camp Seats are not transferable or assignable (except in connection with the assignment of the Subscription Agreement as provided therein).
- Boot Camp Course Content and Materials. All materials provided by Plex during Boot Camp are considered Plex Property (as defined below) for use solely in Customer’s internal business and by the Authorized User for Boot Camp training in association with the use of PLEX. No portion of a Boot Camp session or any materials provided in connection therewith may be recorded, copied, duplicated, re-created or distributed without the prior written consent of Plex.
All Access Pass (AAP)
- Use Restrictions. AAP provides Authorized Users with access to self-paced courses through the Plex Education Services platform at https://education.plex.com. Only Authorized Users who are employed by or provide services to a Customer with a current, valid subscription to AAP may access or use AAP courses. Access to and use of the AAP are subject to the limitations and restrictions in the Education Services Account, Limitations on Use of Educational Services, and Ownership of Plex Property sections below.
- Plex Accredited Implementation Specialist (PAIS). Plex offers Plex employees and those of its partners the opportunity to become an Accredited Implementation Specialist (PAIS).
- The PAIS designation is an acknowledgment by Plex of an individual’s satisfactory knowledge and comprehension of the core tenets of PLEX.
- Obtaining PAIS demonstrates the ability to effectively support a PLEX customer implementation project using recognized best practices.
- PAIS achievement illuminates an individual’s ability to implement and understand the fundamental operations of PLEX.
- PAIS Requirements. To be eligible for PAIS and recognized as a Plex Accredited Implementation Specialist, a Plex employee or Plex partner:
- Must have 6 or more months of experience working with the PLEX software and shadowing/supporting PLEX implementations; and
- Pass a PAIS Exam administered by Plex.
- PAIS Exam. PAIS Exams are only offered and administered by Plex. An Authorized User registering for the exam will have 7 days to start the exam from the time of purchase or it will expire from the AAP Course Library and will no longer be available for use.
- 2 hours will be allotted for completing the exam in its entirety from the time the exam is started.
- The exam questions are a multiple-choice, divided evenly among categories that include:
- Procure to Pay
- Plan to Produce
- Order to Cash Platform
- General Concepts
- Individuals taking the PAIS Exam must comply with the PAIS Exam rules and procedures then in effect and which are subject to change from time to time in Plex’s sole and absolute discretion.
- An individual registering for and taking the PAIS Exam must certify and provide Plex with satisfactory evidence showing the identity of the individual that registered for the exam and the individual taking the exam are the same and that the exam is not being taken under a false identity or by an individual who is not the registrant.
- The exam may not be modified in any way or for any reason by the exam taker.
- The exam may not be duplicated or shared and exam takers may not collaborate, exchange or share information, or engage in any act (or omission) that could undermine the integrity of the exam or the results.
- Other than the examinee’s score for the submitted PAIS Exam (calculated as a percentage or such other basis of measurement applied by Plex in its sole discretion), Plex shall not have any obligation to provide, and examinees have no right to receive, any information regarding the questions, correct and/or incorrect answers, or other data or information about the PAIS Exam or the examinee’s individual performance (or performance relative to other examinees) on the exam.
Education Services Account
Access to the Education Services Portal and the Education Services requires each Authorized User to have a separate Authorized User Account and is password-controlled. Customer is responsible for, and will implement and use industry-standard measures to, (a) maintain the security of Authorized User Account passwords and instruct its Authorized Users as to the importance of maintaining the confidentiality of passwords and/or Authorized User identifications; and (b) prevent unauthorized access to, or use of, the Education Services, and notify Plex promptly of any such unauthorized access or use. Sharing Authorized User Account login information and access codes with other individuals or entities, whether employees or service providers of Customer or otherwise, is strictly forbidden. Customer will cause its Authorized Users to comply with the provisions of this Education Services Policy and shall be responsible and liable for the acts and omissions of all Authorized Users relating to this Education Services Policy and the Education Services.
Limitations on Use of Educational Services
Neither Customer nor its Authorized Users shall: (a) modify, copy or create any derivative works based on the Education Services; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau or otherwise make the Education Services available to any third party; (c) reverse engineer or decompile any portion of the Education Services, including any software utilized by Plex in the provision of the Education Services; (d) copy any features, functions, integrations, interfaces or graphics of the Education Services; (e) use the Education Services in violation of Laws or outside the scope of the rights granted in the Subscription Agreement or this Education Services Policy; (f) in connection with the Education Services, send or store any material that is obscene, threatening, or otherwise unlawful or tortious or violates any Laws or other party’s rights, including any privacy, publicity, import and export control, data protection, electronic communications, or anti-spamming Laws or rights; (g) send or store any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents, or programs in connection with the Education Services; (h) interfere with or disrupt performance of the Education Services or the data contained therein; or (i) attempt to gain access to the Education Services or its related systems or networks in a manner not set forth herein related to such services.
Ownership of Plex Property
The Education Services contain software and other copyrighted and proprietary products and materials of Plex or licensed to Plex from one or more of its licensors (collectively, the "Plex Property"). Subject to the limited rights expressly granted hereunder, Plex and its licensors reserve all of its and their respective right, title and interest in and to the Education Services and other Plex Property, respectively, including all patents or applications therefor, copyrights, trademarks, domain name rights, trade secret rights and all other intellectual property rights (collectively, “Intellectual Property Rights”) therein. Plex may modify or improve the Education Services and/or Plex Property at any time and Plex’s rights (including all Intellectual Property Rights) will include all enhancements, modifications, adaptations and/or derivative works therein and thereto (whether made by Plex, a third-party or jointly).
Modifications and Amendments
Plex may, at any time and in its sole discretion, amend this Education Services Policy. The revised Education Services Policy will become effective as to Customer and its Authorized Users the date that an Authorized User accesses, uses, registers or attends, as applicable, any of the Education Services following Plex’s notice that this Education Services Policy has been revised.
Authorized User Personal Data
- Headings. Headings contained in this Services Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning or interpretation of any provision of this Education Services Policy.
- Terms. Terms for which meanings are defined in this Education Services Policy shall apply equally to the singular and plural forms of the terms defined. Unless otherwise indicated, the word “including” shall mean “including, without limitation” or words of similar effect. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Subscription Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) the Subscription Agreement; and (b) this Education Services Policy.
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