Effective Date: June 1, 2026
These Terms and Conditions (“T&C” or “Terms”) govern access to and use of all services provided by Smart Buildings Academy, LLC, an Arizona limited liability company (“SBA,” “we,” “us,” or “our”). By accessing or using any SBA service, you agree to be bound by these Terms.
These Terms are organized as follows:
When you access any SBA service, the General Terms (Sections 1-21) and the service-specific Part applicable to that service apply together. If you access both Training services and a Platform Application, all parts apply. If there is a conflict, the service-specific Part controls for that service only, to the extent of the conflict.
If you do not agree to these Terms, do not access or use the Services.
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Sections 1-21 apply to all SBA services and all users.
“Authorized User” means an individual employee, contractor, candidate, student, manager, or administrator authorized by a Customer to access a Platform Application under the Customer’s account.
“Confidential Information” means non-public information disclosed by SBA, including business methods, pricing, course structures, training frameworks, internal processes, instructor materials, Platform Application content, and any non-public Materials.
“Customer” means a business entity purchasing access to one or more Platform Applications under an Order Form.
“Customer Data” means information submitted to the SBA Platform by or on behalf of a Customer or Authorized Users, including user names, email addresses, employer information, job titles, assessment answers, scores, completion status, IP address, and login activity.
“Documentation” means user instructions, guides, onboarding materials, or other documentation provided by SBA relating to the Services or any Platform Application.
“Materials” means all SBA content and resources made available through the Services, including videos, live sessions, recordings, slides, text, assessments, quizzes, templates, worksheets, graphics, downloads, Platform Application content, Reports, and any related documentation.
“Order Form” means a proposal, order form, statement of work, quote, or other ordering document that identifies the Platform Application(s) licensed to a Customer, the applicable fees, and any other transaction-specific terms.
“Platform” means all SBA websites, learning management systems, portals, SaaS applications, and any other digital systems and environments used to access or deliver the Services, including Platform Applications.
“Platform Application” means a specific software-as-a-service application within the SBA Platform that a Customer is licensed to access under an Order Form (for example, SBA Assess).
“Application Terms” means application-specific terms, disclaimers, or requirements applicable to a particular Platform Application, as set forth in an exhibit or addendum incorporated into the applicable Order Form.
“Purchasing Entity” means any employer, organization, agency, or other entity purchasing, reimbursing, sponsoring, or providing access to Training or Consulting services for one or more Users.
“Reports” means outputs, results, analyses, ratings, gap analyses, dashboards, or other data generated through a Platform Application for or on behalf of a Customer.
“SBA Learn” means SBA’s hosted learning management system through which enrolled Users access training courses, self-paced modules, quizzes, and related course Materials. SBA Learn is part of the Platform.
“Services” means collectively all training courses, Workforce Development programs, consulting, Platform Applications, and related resources provided by SBA.
“Subscription Term” means the initial subscription period and any renewal period stated in the applicable Order Form.
“User” means an individual accessing Training or Consulting services.
By accessing, registering for, purchasing, enrolling in, attending, or using any SBA service, you confirm you are legally able to enter into this agreement and you agree to these Terms.
Acceptance by electronic means-including website access, account creation, checkbox acceptance, course enrollment, or execution of an Order Form-constitutes a legally binding agreement.
If you are using the Services on behalf of a Purchasing Entity or as a Customer, you represent you have authority to bind that entity, and “you” includes both you and the entity.
All Services, Materials, Platform Applications, and Platform components are owned by SBA or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
No ownership rights are transferred to you. All rights not expressly granted are reserved by SBA.
SBA owns and retains all right, title, and interest in and to all Platform Applications, including software, assessment content, scoring logic, role profiles, frameworks, methodologies, Reports, templates, Documentation, processes, improvements, modifications, derivative works, and all related intellectual property.
Reports generated through a Platform Application are owned by SBA and licensed to Customers for internal business purposes as described in Part B.
You and any Purchasing Entity or Customer agree to maintain SBA Confidential Information in strict confidence and to use it only as necessary to receive the Services as intended.
You must not disclose Confidential Information to any third party without SBA’s prior written consent. You may share Confidential Information only with employees, contractors, advisors, or representatives who need to know and are bound by confidentiality obligations at least as protective as these Terms.
Confidentiality obligations do not apply to information that you can demonstrate is: (a) publicly available through no fault of yours; (b) rightfully received from a third party without restriction; or (c) independently developed without use of SBA Confidential Information.
Upon request, you agree to return or destroy SBA Confidential Information in your possession, except to the extent retention is required by law.
During the term of a Purchasing Entity’s or Customer’s access to any SBA service and for twelve (12) months thereafter, the Purchasing Entity or Customer agrees not to directly or indirectly solicit for employment, engagement, or contract any SBA employee, instructor, trainer, consultant, or contractor who (a) provided Services, instruction, consulting, support, or account management to the Purchasing Entity or Customer, or (b) became known to the Purchasing Entity or Customer in connection with the Services.
General solicitations not specifically targeted to SBA personnel-such as broadly distributed public job postings-do not violate this section so long as they are not directed at SBA personnel and do not specifically encourage SBA personnel to apply.
The Purchasing Entity or Customer acknowledges that a breach of this section may cause harm that is difficult to quantify, and SBA may seek injunctive relief in addition to other remedies available at law.
You agree not to use the Services to:
SBA may investigate suspected violations and may suspend or terminate access.
Except as expressly permitted in writing by SBA, you and any Purchasing Entity or Customer must not, and must not allow any third party to:
Injunctive Relief. You acknowledge that unauthorized use, copying, or disclosure of SBA Materials or proprietary content may cause irreparable harm for which monetary damages may be inadequate. SBA may seek injunctive or other equitable relief, in addition to any other remedies available at law, without the requirement of posting bond or proving actual damages.
The Services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, SBA disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability.
SBA does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any content is complete, current, or accurate for any specific application, employment outcome, safety condition, or regulatory requirement.
To the maximum extent permitted by applicable law, SBA and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, business, or other intangible losses, arising from or related to the Services, even if SBA has been advised of the possibility of such damages.
SBA's total aggregate liability for any claim arising under these Terms will not exceed the amounts paid by you to SBA for the specific Services or applicable Platform Application that is the subject of a dispute or a basis for SBA's alleged liability during the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations in this section apply regardless of the legal theory, whether in contract, tort, negligence, strict liability, warranty, statute, or otherwise. Some jurisdictions do not allow certain exclusions or limitations, so these limitations apply to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless SBA and its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
SBA may collect and use personal information in accordance with SBA’s Privacy Policy, which is incorporated by reference into these Terms.
SBA may send Users and Authorized Users operational emails related to accounts, access, course updates, and support. Marketing communications may be subject to opt-out options where required by law.
Where a Purchasing Entity sponsors access to Training services, SBA may share enrollment status, completion status, and progress reporting with the Purchasing Entity as reasonably necessary for administration of the program, consistent with the Privacy Policy and applicable law.
Where a Customer has contracted for Platform Application access, SBA may share Reports and Customer Data with the Customer’s designated administrators and managers as described in Part B and SBA’s Privacy Policy.
All fees are exclusive of applicable sales, use, value-added, or similar taxes, duties, or governmental charges. SBA may collect and remit taxes as required by law. You are responsible for all applicable taxes related to your purchase or use of the Services, excluding taxes based solely on SBA’s net income.
SBA is not liable for failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, power or internet outages, governmental actions, cloud provider outages, cyberattacks, or other unforeseen events beyond SBA’s reasonable control.
SBA may suspend or terminate access at its discretion for conduct that violates these Terms, threatens the security of the Platform, harms SBA or other users, involves nonpayment, or involves prohibited sharing or misuse.
Upon termination, all licenses granted under these Terms end immediately.
Sections that by their nature should survive termination will survive, including Intellectual Property and Ownership, Prohibited Uses, Confidentiality, Non-Solicitation, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and all data retention provisions.
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law rules.
Training and Consulting Services. For disputes arising from or related to Training or Consulting services under Part A, exclusive venue and jurisdiction will be in the state or federal courts located in or serving Yavapai County, Arizona, and the parties consent to personal jurisdiction there.
SBA Platform Applications. For disputes arising from or related to Platform Applications under Part B or any Order Form, the parties agree to resolve such disputes by binding arbitration as described in Section 42, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or unauthorized access to systems or data.
The parties agree that any court proceeding permitted or arising under or out of these Terms will be brought exclusively in the state or federal courts located in or serving Yavapai County, Arizona, and each party consents to personal jurisdiction and venue in those courts.
SBA may amend these Terms from time to time by posting updated terms on the Platform or providing notice to you. Continued use of the Services after the effective date of updated terms constitutes acceptance of the updated terms, except as limited below for existing Platform Application Order Forms.
If a change materially reduces your rights, SBA will provide additional notice as required by applicable law.
For Platform Application customers, material changes to these Terms will apply to renewals and new Order Forms unless otherwise agreed in writing. Material changes will not modify an existing Order Form or the then-current Subscription Term for a Platform Application unless the Customer affirmatively agrees to the change or the applicable Order Form expressly permits the change.
You may not assign or transfer these Terms or any rights under them without SBA’s prior written consent. SBA may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. A party’s failure to enforce any provision is not a waiver of the right to enforce it later.
These Terms, together with any Order Forms, Application Terms, exhibits, addenda, statements of work, or written documents explicitly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements on the same subject.
In the event of a conflict: (1) an Order Form controls for that specific transaction, to the extent of the conflict; (2) applicable Application Terms control for the applicable Platform Application, to the extent of the conflict; and (3) these Terms apply otherwise.
Order Forms and agreements may be executed electronically and in counterparts, each of which is deemed an original and all of which together constitute one instrument.
Notices under these Terms must be provided in writing and delivered by email, personal delivery, nationally recognized overnight courier, or certified mail to the contact information stated in the applicable Order Form.
All notices to SBA, including notices of cancellation or non-renewal, must be sent to the SBA notice contact listed in the applicable Order Form. If no SBA notice contact is listed in the Order Form, notices to SBA must be sent to:
Smart Buildings Academy, LLC
Attn: Legal Notices
1563 Via Linda Ln
Prescott, AZ 86301
Email: support@smartbuildingsacademy.com
A notice will be deemed given when received, except that email notices will be deemed given on the first business day after transmission if no delivery failure or bounce-back message is received.
You are responsible for sending notices, including cancellation and non-renewal notices, to the correct notice address or email address identified in the applicable Order Form or these Terms.
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Sections 22-29 apply to Training Courses, Workforce Development programs, and Consulting services, and to SBA Learn. These sections supplement the General Terms and, in the event of a conflict, control over the General Terms for these services.
SBA offers remote live and remote self-paced training courses, Workforce Development programs, and consulting services for building automation, HVAC, controls, and related industry professionals. These services are delivered through the Platform using instructor-led sessions, pre-recorded content, assessments, and related Materials.
Subject to these Terms and payment of applicable fees, SBA grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and Materials solely for your internal professional development and, if applicable, the internal business purposes of the Purchasing Entity during the access term.
You may take personal notes for your own internal use. You may also create internal work instructions, internal SOPs, and internal documentation for the Purchasing Entity, provided such items do not include verbatim copies of the Materials beyond minimal excerpts necessary for internal reference, and provided they are not shared outside the Purchasing Entity.
In addition to the prohibited uses in Section 7, the following are prohibited in connection with Training and Consulting services:
Unless otherwise specified in writing by SBA, each purchase grants one (1) year of access to the applicable Materials for the registered User only.
Access is granted solely to the individual User registered at the time of purchase and may not be shared, transferred, sublicensed, or reassigned without SBA’s prior written consent. Each Authorized User account must be tied to a named individual’s email address.
If a User leaves the Purchasing Entity, access does not automatically transfer to another individual. SBA may suspend or terminate access if account sharing, credential misuse, unauthorized access, or other prohibited activity is detected.
SBA may record live sessions for quality assurance, training, and on-demand access purposes.
By participating in live sessions, you consent to being recorded to the extent your audio, video, chat messages, screen name, or shared content may be captured.
You may not record, reproduce, or redistribute live sessions or recordings without SBA’s prior written consent. This restriction applies to all recording methods, including screen capture software and third-party tools.
Completion of any course or program does not constitute professional certification, licensure, or authorization to perform regulated work unless explicitly stated in writing by SBA.
SBA makes no guarantees regarding employment outcomes, job placement, promotions, compensation, performance improvements, compliance outcomes, or safety outcomes resulting from use of the Services.
Assumption of Risk. The Services are educational in nature only and do not constitute site-specific safety training, job hazard analysis, lockout/tagout instruction, electrical safety training, or regulatory compliance training unless explicitly stated in writing by SBA. Users and Purchasing Entities are solely responsible for: (a) compliance with applicable federal, state, and local laws, regulations, and codes, including OSHA and equivalent authorities; (b) providing appropriate supervision, PPE, safety procedures, and job-specific training; and (c) verifying the qualifications, competency, and authorization of any person applying the training in real-world environments. Users acknowledge that building automation, HVAC, electrical, and controls-related work may involve inherently hazardous conditions and agree they assume all risks associated with applying knowledge or techniques obtained through the Services.
All fees for Training and Consulting services are due in full at the time of purchase unless otherwise agreed in writing by SBA.
Except where required by law or explicitly stated in writing by SBA, all purchases are non-refundable.
Unauthorized chargebacks or payment disputes may result in immediate suspension or termination of access. SBA reserves the right to recover costs associated with chargebacks, including administrative fees, collection costs, and reasonable attorneys’ fees to the extent permitted by law.
29.1 Description. SBA Learn is SBA’s hosted learning management system through which enrolled Users access training courses, self-paced modules, quizzes, and related course Materials. SBA Learn is part of the Platform and is the primary delivery environment for the Training services described in Part A.
29.2 Account Creation and Credentials. SBA Learn accounts are issued to registered Users upon enrollment. Each account is personal and non-transferable. Users are responsible for maintaining the confidentiality of their SBA Learn login credentials and for all activity that occurs under their account. Users must promptly notify SBA of any suspected unauthorized access to their SBA Learn account.
29.3 Course Progress, Scores, and Completion Data. SBA Learn tracks and records each User’s course progress, quiz scores, module completion status, and overall course completion. This data is associated with the User’s individual account.
Where a Purchasing Entity has sponsored access, designated managers within the Purchasing Entity may view the course progress, quiz scores, module completion status, and overall course completion status of Users they manage, as permitted by the Purchasing Entity’s account configuration on SBA Learn. Managers do not receive administrative control over User accounts; their visibility is limited to status and results data as described in this section. SBA may provide Purchasing Entities with progress and completion reporting for sponsored Users, consistent with Section 11 and SBA’s Privacy Policy.
29.4 Course Completion Certificates. Upon successful completion of an eligible course, SBA may issue a digital completion certificate to the User. Completion certificates:
29.5 Quiz and Assessment Integrity. Quizzes and assessments within SBA Learn courses are part of the course curriculum and must be completed independently and honestly. Sharing quiz questions, answers, or assessment content from SBA Learn is prohibited under Sections 7 and 24. Course quiz and assessment results on SBA Learn are distinct from skills assessments conducted through SBA Assess (Part B and Exhibit A).
29.6 Data Retention - SBA Learn. SBA will retain a User’s course progress records, quiz scores, and completion data for a minimum of three (3) years from the date of last course activity, unless earlier deletion is requested in writing or required by law. After expiration of a User’s access term, active access to course content will end, but SBA will use reasonable efforts to make completion records and certificates available to the User upon request during the applicable retention period.
29.7 Community and User-Generated Content. SBA Learn does not currently include discussion forums, community boards, or user-generated content features. If SBA adds such features in the future, additional terms governing user-generated content, community conduct, and content moderation will apply and will be provided to Users at that time.
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Sections 30-45 apply to SBA Platform Applications-such as SBA Assess-accessed under an Order Form. These sections supplement the General Terms and, in the event of a conflict, control over the General Terms for Platform Application services. Part B governs business-to-business relationships only.
Part B governs access to and use of SBA Platform Applications-discrete software-as-a-service products within the SBA Platform-by Customers under an applicable Order Form. Part B is intended for business-to-business use only.
Each Order Form identifies the Platform Application(s) licensed to the Customer and may incorporate Application Terms applicable to those application(s). Access rights granted under one Order Form do not extend to Platform Applications not identified in that Order Form. Accessing additional Platform Applications requires a separate Order Form or written amendment.
Subject to Customer’s compliance with these Terms and payment of all applicable fees, SBA grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable Subscription Term to access and use the Platform Application(s) identified in the applicable Order Form, solely for Customer’s internal business purposes.
Access is provided on a per-user subscription basis. Customer’s use is limited to the Platform Application(s) and number of Authorized Users stated in the applicable Order Form. Each Authorized User account must be assigned to a named individual and tied to that individual’s email address.
Customer may designate administrative users and managers who may invite, manage, remove, and review Authorized Users and related Reports, subject to the permissions available within the applicable Platform Application.
Customer is responsible for all activity under Customer’s account and for ensuring all Authorized Users comply with these Terms and any applicable Application Terms.
Authorized Users may not share login credentials, transfer accounts, allow unauthorized access, or use another person’s account. Customer may reassign user seats only during the two-week reassignment period at the beginning of each annual Subscription Term or with SBA’s prior written approval.
Customer is responsible for maintaining credential confidentiality and must promptly notify SBA of any unauthorized access or suspected security incident involving Customer’s account.
In addition to the general limited license in these Terms, Customer may use each licensed Platform Application to:
Customer may not use the Platform in violation of applicable law or in a manner that exceeds the scope of the applicable Order Form or Application Terms.
In addition to the prohibited uses in Section 7, the following are prohibited in connection with Platform Applications:
Certain Platform Applications are subject to additional Application Terms addressing application-specific use cases, disclaimers, and requirements. Application Terms are set forth in exhibits or addenda incorporated by reference into the applicable Order Form.
Application Terms supplement and are governed by these Terms. In the event of a conflict, Application Terms control only to the extent of the conflict and only for the applicable Platform Application.
SBA Assess Application Terms are set forth in Exhibit A below.
Customer shall pay all fees stated in the applicable Order Form. Unless otherwise stated in the Order Form, fees are invoiced annually in advance and are due within thirty (30) days from the invoice date.
For multi-year subscriptions, fees will be billed annually in advance for each year of the multi-year Subscription Term, unless the applicable Order Form states otherwise. Payment for the first year of the subscription must be received before Customer receives access to the applicable Platform Application for the first year. Payment for each subsequent year of a multi-year Subscription Term is due on the same calendar date of each following year, unless the applicable Order Form states otherwise.
All fees are non-cancellable and non-refundable except as expressly stated in the applicable Order Form or required by law.
Customer is responsible for all taxes, duties, levies, or similar governmental assessments associated with its purchase or use of any Platform Application, excluding taxes based on SBA's net income.
If Customer fails to pay any undisputed amount when due, SBA may provide notice of nonpayment. If Customer does not pay the overdue amount within thirty (30) days after the applicable due date, SBA may suspend or terminate Customer’s access to one or more Platform Applications.
Customer remains responsible for all fees incurred before suspension or termination. Suspension or termination for nonpayment does not relieve Customer of its payment obligations.
Unless otherwise stated in the applicable Order Form, the initial Subscription Term for each Platform Application is twelve (12) months.
Subscriptions automatically renew for successive renewal terms equal to the expiring Subscription Term unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term.
Customer may cancel a Platform Application subscription by providing at least thirty (30) days' written notice. Cancellation during a then-current Subscription Term will terminate future access after the applicable notice period but will not entitle Customer to a refund of prepaid fees and will not relieve Customer of payment obligations already incurred, including any true-up payment owed under this Section.
Any notice of cancellation or non-renewal must be sent in accordance with Section 21. Customer is responsible for ensuring that any cancellation or non-renewal notice is sent to the notice address or email address designated for SBA in the applicable Order Form or in these Terms.
For multi-year subscriptions, Customer's commitment applies to the full multi-year Subscription Term stated in the applicable Order Form. If Customer receives discounted pricing, waived fees, locked pricing, promotional pricing, or other commercial concessions based on a multi-year commitment and cancels, terminates, fails to renew, or otherwise does not complete the committed multi-year Subscription Term, Customer will be responsible for a true-up payment equal to the difference between the discounted or concessionary amounts paid and the standard annual fees, setup fees, or other amounts that would have applied without the multi-year commitment, unless the applicable Order Form states otherwise.
If the applicable Order Form states that a multi-year Subscription Term is non-cancellable or that fees for the full committed term are due regardless of cancellation, then Customer remains responsible for all fees for the full committed multi-year Subscription Term, in addition to any other amounts owed under these Terms.
For non-multi-year subscriptions, SBA may update pricing for any renewal term by providing notice before renewal. For multi-year subscriptions, pricing stated in the applicable Order Form remains in effect during the committed multi-year term unless the Order Form states otherwise.
Unless otherwise stated in the applicable Order Form, SBA will provide initial implementation assistance and one (1) thirty-minute platform orientation session per Platform Application.
Customer is responsible for providing timely information, identifying administrative users, assigning Authorized Users, and completing any internal setup steps required for implementation. SBA’s standard implementation timeline is approximately one (1) week after receipt of required setup information.
Custom reporting, custom integrations, custom role profiles, custom content development, data migration, professional services, or additional training are not included unless expressly stated in the applicable Order Form.
SBA will provide standard support for Platform Applications by email and support messaging during SBA’s normal support hours of 8:00 a.m. to 4:00 p.m. Central Time, Monday through Friday, excluding SBA holidays.
SBA will use commercially reasonable efforts to respond to support requests within twenty-four (24) business hours. Response times are not guaranteed resolution times. SBA does not provide a service level agreement, uptime commitment, or maintenance credit unless expressly stated in a separate written agreement signed by SBA.
As between the parties, Customer owns Customer Data. Customer grants SBA a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, use, and analyze Customer Data as necessary to provide the Platform, generate Reports, support Customer, maintain security, and fulfill SBA’s obligations under these Terms.
SBA may use aggregated, anonymized, or de-identified data derived from Customer’s use of the Platform to improve Platform Applications, develop benchmarks, enhance training products, and support SBA’s business operations, provided such data does not identify Customer or any individual Authorized User.
As stated in Section 15, disputes arising from or related to Platform Applications, Part B, Application Terms, or any Order Form will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or unauthorized access to systems or data.
Unless otherwise agreed in writing, arbitration will take place in Yavapai County, Arizona, before a single neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Any court proceeding permitted or arising under or out of these Terms, including any proceeding to compel arbitration, enforce an arbitration award, or seek injunctive or equitable relief, will be brought exclusively in the state or federal courts located in or serving Yavapai County, Arizona, and each party consents to personal jurisdiction and venue in those courts.
SBA, Customer managers, Customer administrators, and Authorized Users may access Customer Data and Reports based on platform permissions and Customer-approved access settings. Reports are owned by SBA and licensed to Customer for Customer’s internal business purposes during and after the Subscription Term, subject to these Terms.
Customer may request deletion of Customer Data by providing written notice to SBA. Unless deletion is requested earlier, SBA may retain Customer Data and Reports for up to three (3) years after Customer’s last active use of the applicable Platform Application, unless a longer retention period is required by law or stated in the applicable Order Form.
After expiration or termination of Customer’s subscription, SBA may restrict access to the applicable Platform Application. Customer is responsible for downloading any Reports or Customer Data it wishes to retain before expiration or termination.
SBA will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, loss, misuse, or disclosure.
The SBA Platform is hosted using Microsoft Azure or other reputable cloud infrastructure providers. SBA may use subprocessors and third-party service providers to support hosting, security, analytics, communications, platform operations, payment processing, and other services related to Platform Applications.
SBA may identify subprocessors in its Privacy Policy, Security Policy, subprocessor list, or other documentation made available to Customer by URL, attachment, written reference, or upon request.
SBA may provide its Privacy Policy and Security Policy by URL, attachment, or other written reference in the applicable Order Form, proposal, website, onboarding materials, or other documentation made available to Customer.
Customer acknowledges that no SaaS platform, network, or data transmission can be guaranteed to be completely secure or error-free. Customer is responsible for ensuring it has all rights, notices, and consents necessary to submit Customer Data to the Platform.
SBA may use Customer’s name, logo, or trademarks in marketing, customer lists, case studies, press releases, or promotional materials only with Customer’s prior written approval.
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These SBA Assess Application Terms supplement and are governed by the SBA Terms and Conditions (including Part B). Capitalized terms not defined here have the meanings given in the Terms. These Application Terms apply whenever SBA Assess is identified as a licensed Platform Application in an Order Form.
SBA Assess is a SaaS skills assessment Platform Application used to assess employees, teams, students, and candidates; identify skill gaps against role profiles; generate automated skill ratings; and produce gap analyses, Reports, and related outputs.
In addition to the general permitted uses in Section 33, Customer may use SBA Assess to:
SBA Assess is an educational and skills-evaluation tool only. Assessment results, Reports, role-profile comparisons, gap analyses, skill ratings, and related outputs are intended to support training, workforce development, and skills evaluation efforts.
SBA Assess does not guarantee job performance, work quality, regulatory compliance, safety performance, employment suitability, job placement, certification, credentialing, promotion readiness, or qualification to perform work without supervision.
Customer acknowledges that SBA Assess is unproctored and automated. SBA does not independently verify whether an Authorized User completed an assessment without assistance, whether the user’s answers are accurate, or whether the results reflect real-world field performance.
Customer agrees that SBA Assess results should not be used as the sole basis for hiring, firing, promotion, compensation, discipline, credentialing, job assignment, or other employment-related decisions. Customer is solely responsible for how it uses assessment results and Reports, including compliance with employment, labor, anti-discrimination, privacy, and other applicable laws.
In addition to the general Customer responsibilities in these Terms, Customer is responsible for:
Customer and Authorized Users may not share, publish, disclose, or distribute SBA Assess assessment questions, answer keys, scoring logic, role profiles, or other SBA Assess proprietary content outside SBA Assess.
