Mythics/SpearMC ERP Training Terms & Conditions

Last updated September 22, 2026

Application. These Terms apply to all public or private training delivered virtually or in person by Mythics, LLC or any affiliate identified in the applicable Order (collectively, “Provider”).

1. Scope and Orders

These Training Services Terms and Conditions (“Terms”) govern the training services described in an applicable quote, order form, statement of work, registration, or other ordering document accepted by Provider (each, an “Order”). The Order and these Terms form the agreement for the applicable training (“Agreement”).

2. Registration, Attendance, and Customer Responsibilities

Customer is responsible for identifying authorized attendees and ensuring that each attendee satisfies stated prerequisites and complies with these Terms. Customer is responsible for breaches of these Terms by its employees, contractors, agents, and other attendees.

Customer understands and agrees that public training may be recorded and subsequently used by Provider at will.

Customer and attendees are responsible for their own computers, software, internet connectivity, travel, lodging, facilities, security access, accessibility needs, and other participation requirements unless the Order expressly states otherwise. Provider is not responsible for interruption or reduced training quality caused by systems, connectivity, facilities, equipment, or circumstances outside Provider’s reasonable control.

3. Training Materials and Intellectual Property

“Training Materials” means all course content, presentations, slide decks, handouts, exercises, labs, demonstrations, documentation, recordings, software, examples, assessments, and other materials made available in connection with the training.

Provider, the applicable original Cloud Services Provider (CSP), or another licensor retains all right, title, and interest in and to the Training Materials, including all intellectual property rights. No ownership right is transferred to Customer or any attendee.

4. Use Restrictions; No Train-the-Trainer Rights

Except with Provider’s prior written authorization, Customer and attendees may not: (a) copy, reproduce, modify, translate, adapt, or create derivative works from Training Materials; (b) record, photograph, video record, webcast, livestream, transcribe, or otherwise capture a training session; (c) publish, distribute, transmit, upload, post, display, sell, license, sublicense, disclose, or make Training Materials available to any other person; (d) use Training Materials to train, certify, instruct, educate, advise, or provide services to another person or entity; (e) use Training Materials to develop a competing course or offering; or (f) remove or obscure any proprietary notice.

Attendance does not provide train-the-trainer, redistribution, public-performance, or commercial-use rights. Each person who wishes to use Training Materials must be an authorized attendee unless Provider agrees in writing.

5. OEM and Third-Party Content

Training may include CSP or third-party content, software, documentation, or intellectual property. Such items remain the property of their respective owners and are subject to applicable license terms, use restrictions, certification rules, program requirements, and other owner-imposed conditions.

To the extent Provider is authorized to provide publicly available CSP training or materials, Provider passes through only the rights made available by the applicable CSP or third party. No broader right or license is granted. Customer and attendees must comply with applicable CSP and third-party requirements, and Provider is not liable for their violation of those requirements.

6. Disclaimer of Warranties

Training is provided for informational and educational purposes. Unless the Order expressly states otherwise, completion does not constitute certification, accreditation, qualification, or endorsement by Provider, an CSP or any other organization.

Provider does not warrant or guarantee that an attendee will achieve a particular business, educational, technical, employment, certification, examination, implementation, performance, or operational result, or become proficient in any subject.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRAINING SERVICES AND TRAINING MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RESULTS. PROVIDER DOES NOT WARRANT THAT TRAINING WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR CUSTOMER’S OR AN ATTENDEE’S PARTICULAR PURPOSE.

7. In-Person Training; Safety and Assumption of Risk

Participation in in-person training is voluntary. Customer is responsible for attendee conduct and compliance with applicable health, safety, security, site, and facility requirements. Attendees are responsible for their travel arrangements and personal property and assume the ordinary risks associated with travel to and participation in in-person training.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER IS NOT LIABLE FOR PERSONAL INJURY, ILLNESS, DEATH, THEFT, LOSS OF PROPERTY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO TRAVEL TO OR PARTICIPATION IN IN-PERSON TRAINING, EXCEPT TO THE EXTENT FINALLY DETERMINED TO HAVE BEEN CAUSED BY PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE TRAINING SERVICES, TRAINING MATERIALS, OR AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID TO PROVIDER FOR THE SPECIFIC TRAINING GIVING RISE TO THE CLAIM. THIS LIMIT APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

9. Scheduling, Changes, and Cancellation

Provider may reasonably substitute instructors, modify course content, change facilities or delivery format, postpone, reschedule, or cancel training due to enrollment levels, instructor availability, safety concerns, OEM requirements, or other operational needs.

If Provider cancels paid training and does not offer a reasonable replacement, Customer’s sole remedy is a refund of fees paid to Provider for the cancelled training. Provider is not responsible for travel, lodging, wages, lost time, or other costs incurred by Customer or attendees. Any Customer cancellation, substitution, or rescheduling rights must be stated in the applicable Order or Provider’s then-current written cancellation policy.

10. Force Majeure

Provider is not liable for delay, interruption, rescheduling, cancellation, or failure to perform caused by circumstances beyond its reasonable control, including natural disaster, severe weather, fire, epidemic, pandemic, labor dispute, civil disturbance, war, terrorism, governmental action, transportation disruption, utility failure, internet or telecommunications outage, facility unavailability, instructor illness or unavailability, or an OEM or third party’s action, restriction, or cancellation. Provider may reschedule affected training or offer an alternative delivery method without further liability.

11. Confidentiality

Neither party is required to disclose confidential information during training. If Customer or an attendee chooses to disclose confidential or sensitive information in a public session, Provider has no obligation to prevent other attendees from accessing or using that information. In a private session, any confidentiality obligations must be set forth in a separate written agreement signed by the parties.

12. Government and Public-Sector Customers

If Customer is a federal, state, local, tribal, territorial, educational, or other governmental entity and applicable law prohibits or limits a provision of these Terms, that provision applies only to the maximum extent permitted by applicable law. Any unenforceable provision will be deemed modified only to the minimum extent necessary to comply with applicable law, without affecting the remaining provisions.

13. Order of Precedence; Customer Terms

These Terms govern the training services and supersede inconsistent or additional terms in any Customer purchase order, registration form, procurement document, portal, invoice instruction, or other Customer document, unless an authorized representative of Provider expressly accepts the conflicting term in a signed writing. Provider rejects additional or conflicting Customer terms.

14. General

Customer may not assign the Agreement without Provider’s prior written consent. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. A waiver must be in writing and applies only to the specific instance waived. Sections concerning intellectual property, restrictions, disclaimers, liability, and other provisions that by their nature should survive will survive completion or termination of the training.

The governing law and dispute provisions in an existing written master agreement between Customer and Provider apply. If no such agreement exists, the applicable Order should identify governing law and venue.

Acceptance. By submitting an Order, registering for, accessing, or participating in training, Customer and each attendee acknowledge these Terms, subject to any mandatory requirements of applicable law