The Instructional Kitchen Terms of Service
These terms of use are entered into by and between You and The Write Mixx (” Company”, “we” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Thewritemixx.com including any content, functionality, and services offered on or through Thewritemixx.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use our programs. By using our programs or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.thewritemixx.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the programs on this website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
PRIVACY
Your use of the Website is also subject to the company's Privacy Policy. Please review this policy which also governs the Website, informing users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
DISCLAIMER
Your use of the Website is also subject to the Company's Disclaimer. Please review our Disclaimer which also governs the Website and informs users of limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend any service or material we provide on the Website at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources accessed or downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website, including but not limited to using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session and use caution when accessing your account from a public or shared computer so that others are not able to view, record, or access your password or other personal information.
We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
INTELLECTUAL PROPERTY AND PROHIBITED USE
You are granted a non-exclusive, non-transferable, revocable license to access and use this Website and the resources available for download in accordance with our Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, alter, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, or any of the resources available for download from the Website. The Company content on this Website is not for sale. You agree that you do not have any ownership rights in any protected content and will use the content solely for your individual use. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, logo, slogan, and all related names, logos, product and service names, and slogans are trademarks of the Company or its affiliates or licensors. No marks are to be used without the prior written permission of the Company.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. More detailed information can be found in the Disclaimer.
ACCURACY AND PERSONAL RESPONSIBILITY
The Company has taken every precaution to ensure the information provided on this Website and resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional familiar with your situation.
By using this Website, you accept personal responsibility for any results stemming from your personal actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use or non-use of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plans or policies suggested or recommended on this Website. More detailed information is outlined in the Disclaimer.
NO GUARANTEE OF RESULTS
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides copywriting, creative strategy, and branding services, as well as educational and informational resources intended to help users of this Website succeed. You recognize your ultimate success or failure is the result of your own effort, your situation, and other circumstances beyond the control or knowledge of the Company.
Every outcome is different. The results obtained by others, whether clients of the Company or associates who apply any principles found in the Website is not a guarantee that you or any other person will obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all notices, agreements, disclosures, and other communications that we provide electronically through the Website or email satisfy any legal requirement that communications be in writing.
We are happy to communicate with you via email, providing several places on this Website where you may do so. Any correspondence via electronic communication does not create a contractual or business relationship between you and the Company. Our Privacy Policy outlines the steps we take to ensure your communications are confidential, but we guarantee the security of those communications and cannot guarantee that we will not be required to disclose such communications as a result of a court order.
USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, links to Company social media, Company blog comment section, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
The Company does not claim ownership of any materials you provide to the Website or post, upload, input, or submit.
All User Contributions must comply with the content standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
No compensation will be paid with respect to the use of your User Contribution herein. The Company is under no obligation to post or use any User Contribution you may provide and may remove any User Contribution at any time in the Company's sole discretion. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
LINKS TO THIRD-PARTY WEBSITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
USE OF TEMPLATES AND FORMS
The Company provides templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use these templates and forms for your personal or private business use. Except for the reasons provided, you acknowledge and agree that you have no right to reproduce, distribute, modify, alter, create derivative works of, enhance, or exploit any templates or forms in any manner except for modifications in completing the templates and/or forms for your personal, authorized use.
By purchasing or downloading these templates or forms, you agree that the templates or forms purchased or downloaded may only be used by you for your personal or business use and may not be sold or redistributed without the express written permission of the Company.
USE OF PAID PROGRAMS, COURSES, AND ASSOCIATED MATERIALS
The Company provides varied programs, courses, and associated materials for sale on this Website. With your purchase, you are granted a limited, personal, non-exclusive, non-transferable license to use our programs, courses, and associated material (collectively the "Programs") for your personal or private business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, alter, edit, copy, reproduce, create derivative works of, enhance, or exploit any of the Programs in any way.
By ordering and participating in the Programs, you agree that the Programs purchased or downloaded may only be used by you for personal or private business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in the Programs, you agree that you shall not create any derivative work based on said Programs and you shall not offer any competing products or services based upon any information contained in the Programs.
USE OF FREE DOWNLOADABLE RESOURCES AND CONTENT
The Company provides a host of resources and content on this Website which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our ("Free Resources") provided in exchange for that email address for your own personal or private business use. You acknowledge and agree that you have no right to modify, alter, edit, copy, reproduce, create derivative works of, enhance, or exploit any of these Free Resources in any way.
By downloading these Free Resources, you agree that these Free Resources may only be used by you for personal or private business use and may not be sold or redistributed without the express written consent of the Company.
By downloading these Free Resources, you agree that you shall not create any derivative work based on said Free Resources and you shall not offer any competing products or services based upon any information contained in the Free Resources.
GUEST SPEAKERS AND WRITERS
The Company shares content via guest blogs, interviews, and podcasts. The Company does not control or investigate the information and accuracy of the information provided by these third parties and cannot guarantee the authenticity of statements made by guests.
Individuals appearing as guest speakers or writers on podcasts or other media by the Company agree to transfer all intellectual property rights they may have in those interviews or writings to the Company and further provide a license to any rights they are unable to assign.
CANCELLATION/REFUND POLICIES
The Company wants you to be completely satisfied with your purchases, in addition to applying the knowledge and strategies outlined in the offerings. You must demonstrate you have attempted to complete and implement those strategies without success. To meet this requirement, you must submit all work outlined in the terms and conditions of the program you request a cancellation or refund for.
Once it has been determined you are entitled to a cancellation or refund pursuant to this policy, the Company will promptly issue a refund notice to the payment processor. The Company does not control payment processor timelines and cannot expedite any refunds.
Any refunds or cancellations of purchases made shall immediately terminate any and all licenses granted for you to use the materials provided to you under these Terms of Use or any other agreement. You shall immediately cease using all materials associated with the programs and destroy all copies of the information provided to you, including without limitation: audio recordings, video recordings, forms, templates, documents, slide shows, membership areas, social media groups for paying members and other resources.
CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
DISCLAIMER OF WARRANTIES
The Company makes no warranties regarding the operation or performance of this Website. Furthermore, there are no representations or warranties of any kind, express or implied to the information, materials, content, programs, documents, products, books, or services included on or throughout this Website. To the fullest extent of the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incour as a result of using this Website.
The information, software, products, and services available on this Website may include typographical errors or inaccuracies from time to time. Changes are added periodically. The Website may be changed or improved by the Company or its providers at any time.
The Company and its providers make no representations on the reliability, availability, timeliness, suitability, and accuracy of the products, services, software, information, or graphics within the Website for any purpose. To the maximum extent permitted by applicable law, all such information, products, services, software, and graphics are "as is'' without warranty or condition of any kind. The Company and its providers disclaim all warranties and conditions with regard to this information, services, products, software and graphics, including all implied warranties or conditions of fitness for certain purposes, merchantability, title, and non-infringement.
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company's products and services.
At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and the administration of the arbitration.
Any cause of action or claim you may have to arise out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently disbarred.
INTERNATIONAL USERS
This Website is controlled, operated and administered from the Company's offices located in the United States. If accessing this Website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company's content accessed through this Website in any country or in any manner prohibited by any applicable laws, regulations, or restrictions.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right at its discretion to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to our Arbitration statement. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NO PARTNERSHIPS, ETC.
You agree that no partnership, joint venture, agency relationship, or employment exists between you and the Company as a result of this agreement or use of the Website. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement lessens the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Write Mixx regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
CONTACT US
The Write Mixx, Inc. welcomes feedback, comments, and questions on our Terms and Conditions. You may send correspondence to:
The Write Mixx, 3122 Mahan Drive, Ste. 801-238, Tallahassee, FL 32308
Heights Platform Terms of Service
1.
Introduction
Thank you for visiting our Site and/or using
Heights, an app designed to allow you to build and manage your own online education program. Please
read these Terms of Service and our Privacy Policy carefully, as you must
agree to them as amended in order to have our permission to use our Site
and Service.
2.
Definitions
Throughout this Agreement, we may use
certain words or phrases, and it is important that you understand the
meaning of them. The list is not all-encompassing and no definition
should be considered binding to the point that it renders this Agreement
nonsensical:
“Agreement” means these Terms of
Service;
“App” refers to our Heights app, which provides a platform for creating and managing online education programs;
“Heights” refers to our company, known
as “Velora Studios, LLC”; our Site; our Service; our App; or a combination
of all or some of the preceding definitions, depending on the context in
which the word is used;
“Service” refers to the services that we
provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or
offline;
“Site” refers to our website, www.heightsplatform.com;
“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;
“Program” refers to the account created by a User in which they will use our Service and build their education content.
“Student” refers to a person who signs up to use the Program which the User has created;
“You” refers to you, the person who is
entering into this Agreement with Heights.
3. Corporate
Information
Heights is owned and operated by Velora
Studios, LLC, a Limited Liability Company formed and doing business in the
State of Delaware, and registered with the Delaware Department of State’s
Division of Corporations under File Number 4658163. Any legal
documents to be served or other queries should, unless otherwise provided
or required by this Agreement, our Privacy Policy, or any provision of any
applicable law, be sent via certified mail to:
Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States
4. Heights’
Purpose
Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.
5.
Eligibility
In order to use our Service, you must meet a
number of conditions, including but not limited to:
- You must not be in violation of any
embargoes, export controls, or other laws of the United States or other
countries having jurisdiction over this Agreement, Heights, and
yourself. For example, if the Office of Foreign Assets Control
prohibits conducting financial transactions with nationals, residents,
or banks of your country, you must not use our Service.
- You must be at least 13 years of age
in accordance with the Children’s Online Privacy Protection Act.
If you live in a jurisdiction other than the United States and your
jurisdiction has a higher minimum age to use our Site or Service
without parental consent, then you must be at least that
age.
- You must sign up for only one account
(this includes, but is not limited to, a prohibition on repeatedly
signing up for different accounts to take advantage of more than one
free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
- You must provide us with personal
information, payment information, and other information that we deem
necessary to provide you with our Service.
- You must be authorized by the holder
of any payment method to use their account for the purposes of signing
up for our Service.
6.
Disclaimer
Heights provides its Service on an as-is
basis and, notwithstanding any other statements or examples given on our
Site or elsewhere, makes no representations as to how Heights can be
best used by any specific User or Student. You agree that you bear the sole
responsibility of determining whether the Heights App is suitable for
your use, and that Heights shall not be liable for any losses which
result from the use of our Service.
7. Rules of
Use
Once you have met our eligibility criteria
described above and paid the appropriate fee to Heights as a User, or signed up under a User's Program as a Student, you will be
provided with access to our Service. Although you have met the
preliminary requirements to use our Service, there are certain additional
rules which apply before, during, and subsequent to your registration with
Heights. You must not:
- Violate the laws of the United States,
its states, or any foreign political entity having jurisdiction over
this Agreement, whether or not the foreign political entity is a
country or a subdivision (such as a state or province) or municipality
(such as a city, town, county, or region) of a foreign
country.
- Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
- Be fraudulent or negligent when making
payments to us (such as by using someone’s credit card without
authorization, or using a card which you know will have the payment
reversed for any reason).
- Infringe on anyone’s intellectual
property rights, defame anyone, impersonate anyone, or otherwise
violate the rights of a third party.
- Hack, crack, phish, SQL inject, or
otherwise compromise, or attempt to compromise the security or integrity of the Heights Site,
Service, App, or its Users’ computers.
- Scrape data or scan the Site, Service, or App.
- Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
- Do anything else which, at the
discretion of Heights, could harm the safety or legal interests of
Heights or any third party, including but not limited to other
Users or Students.
Fair Use Policy for Unlimited Uploading and Bandwidth:
Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students).
This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control)
is higher than 99% of Users on our App in any calendar month, we may, in our discretion,
charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.
Public Community Areas
Users who create a Program may enable certain community discussion areas or channels as publicly visible. By posting any text, images, video, or other content (“User Content”) in these publicly accessible areas, you acknowledge:
- Visibility & Indexing: Your User Content may be viewed without an account and may be indexed by search engines or archived by third parties. Heights cannot control and is not responsible for how third parties may use or further disseminate publicly visible User Content.
- Future Changes in Visibility: A User may switch a channel’s visibility from private to public (or vice versa) at any time. If you post information when a channel is private, and the User later makes it public, that content may become visible to non-logged-in visitors.
- No Expectation of Privacy: You should not share private or sensitive information in any area that may become public. Once publicly visible, Heights makes no guarantee of complete removal from external caches, archives, or search results even if you or the channel owner delete the original post.
- Moderation: Each User (i.e., the owner of the Program) primarily manages moderation of their own community discussions. Heights reserves the right, but not the obligation, to remove or disable access to content that violates this Agreement or applicable law. However, Heights is not liable for how a User chooses to moderate or not moderate their Program’s community posts.
- User Responsibility: You are solely responsible for the content you post. You agree that you have all necessary permissions to share any personal or third-party data, and you will not hold Heights liable for any issues arising from the posting or use of such content.
8. Payment, Billing, and
Refunds
All payments are processed by our third
party payment processor, Stripe, and payment may be made to them by Visa,
MasterCard, American Express, JCB, Discover, and Diners Club cards.
All prices on our Site, unless otherwise stated, are listed in United
States dollars.
We may decide to apply varying payment plans
from time to time. For example, we may require that you pay one lump
sum for the purchase of our App, or we may rebill you on a recurring
subscription basis. In either case, payment terms and, if applicable,
rebilling periods shall be posted on our Site and are hereby incorporated
into this Agreement by reference. If two or more listed payment terms
conflict with each other, the one most beneficial to Heights shall take
precedence.
You may cancel your subscription at any
time. Refunds will be provided in full within the first thirty days
of your subscription if for any reason you are not satisfied with our
Service and notify us of your request for a refund within that time.
After thirty days beyond your initial purchase, we will not be obliged to
provide any refund, even on a pro rata basis. You may cancel your
Service at any time after the initial thirty days and you will continue to
have access to our Service until the end of the most recently paid
subscription period, if applicable.
Should payment plans change or increase
after an initial subscription, current Users will either have the option of
staying on their current plan or may be grandfathered into the new
subscription plan at their current subscription plan’s rate for a period of
one year.
Active Student limits on subscription plans for accounts created on or after January 1st, 2023:
An "Active Student" is a Student in a User's Program who is currently able to login, access at least one product, and is not marked by you as "deactivated". Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 10% above the plan limit for a single month on plans offering 5000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of 100 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
Active Student limits on subscription plans for accounts on legacy plans created before January 1st, 2023:
An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
9.
Discounts
Heights may, but is not obligated to,
provide discounts, including but not limited to an initial thirty day free
trial offer for the use of our Service. The discounts provided will
be made according to the information published on our Site, and if any
information is conflicting, the terms most beneficial to Heights shall
take effect. Discounts may not be applied to past
payments.
Heights may refuse to provide such
discounts for any reason including, but not limited to, fraud, unauthorized
accounts (such as multiple accounts being used to take advantage of a
one-time offer repeatedly), mistake on the part of our publication of
information, actual or expected financial hardship, sale of all or part of
our business, or any other reason.
10. Chargebacks, Credit Card
Cancellations, and PayPal Disputes
Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due
to a chargeback or similar reversal, Heights shall be entitled to
recover that amount from the User as liquidated damages, as well as our
reasonable attorneys’ fees, court costs and disbursements, and/or
collection agency fees required to collect these liquidated
damages.
Please note that this restriction on
chargebacks is designed to prevent fraud and keep our costs low, which
allows us to offer lower prices for our Service. Users may of course
bring disputes against us in accordance with the “Forum of Dispute”
provisions found further below.
As a User of our App, if a Student requests a refund from you, it is your responsibility to handle
this with your Student. Heights does not collect payments from your Students. Heights is not a Merchant of Record platform. Any disputes of
Student payments are between the Student, User, and the third-party payment processor the User
chooses to use. As a User with Students, it is your responsibility to have your own terms,
privacy policy, and refund policy in place and follow all applicable laws. Further, while
Heights provides email support to its Users, Heights does not offer email support to the
Students of its Users.
11. Third Party
Charges
Because Heights may be used with a
mobile device, certain third party SMS charges, data charges, and other
fees may be applied in relation to your use of our Service. You agree
that you are responsible for tracking and paying these charges, and that
Heights shall not be liable to you for such charges.
12. Limited
License
Heights is provided as licensed software
to you. When you provide the proper payment to us or otherwise meet
the requirements to use our App (such as by being eligible for a trial
offer), you are authorized to use one account for our software at the
price given. You may not distribute this software, copy it, reverse
engineer it, or otherwise tamper with it or reproduce it. Heights
reserves the right to revoke our license for our App’s use at any
time.
13. Server Maintenance and
Other Downtime
At time, Heights may have server
downtime or other Service outages for reasons including, but not limited
to, server maintenance, legal compliance, security issues, or other
business operations. You agree that we are not liable for any losses
incurred by you as a result of such downtime, and that you should have a
backup plan in place if you are relying on our Service for any purpose
which could cause a loss to you if our Service became
unavailable.
14. Our
Copyright
Heights expended much effort on
developing its App and ensuring that it is unique from other Apps.
Copying our App or any portion thereof could, in addition to being
prohibited generally by intellectual property law, harm our business.
You agree not to copy, distribute, display, disseminate, or otherwise
reproduce any of the information on the Site, including our App, without
receiving our prior written permission.
15. Your
Copyright
Heights must be assured that it has the
right to use the content that is uploaded using its App. Such content
may include, but is not limited to, arrangements of data by Users in which
a copyright subsides. Whenever submitting content to us through our
App, you agree that you are granting us a non-exclusive, universal,
perpetual, irrevocable, sublicensable, commercial and non-commercial right
to use the content that you submit to us for the purpose of providing you
with our Service. You warrant to us that you have the right to grant
us this right over the content, and that you will indemnify us for any loss
resulting from a breach of this warranty and defend us against claims
regarding the same.
16. Trademarks and Service
Marks
“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora
Studios icon are registered trademarks used by us, Velora Studios, LLC, to
uniquely identify our Site, Service, and business. Additionally, the
service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally
by the provisions of the Lanham Act, as well as various status prohibiting
unfair competition and the common law tort of passing off. You agree
not to use our marks anywhere without our prior written consent.
Additionally, you agree not to use our trade dress, or copy the look and
feel of our Site, App, or their design, without our prior written
consent. You agree that this paragraph goes beyond the governing law
on intellectual property law, and includes prohibitions on any competition
that violates the provisions of this paragraph, including starting your own
App or other directly or indirectly competing business.
17. Revocation of
Consent
We may revoke our consent for your use of
our intellectual property, or any other permission granted to you under
this Agreement, at any time. You agree that if we so request, you
must take immediate action to remove any usage of our intellectual property
that you may have engaged in, even if it would cause a loss to
you.
18. Copyright & Trademark
Infringement
Users must not post any information that
infringes on anyone’s copyright. We take copyright infringement very
seriously, and we have registered a Copyright Agent with the United States
Copyright Office, which limits our liability under the Digital Millennium
Copyright Act. If you believe that your copyright has been infringed,
please send us a message which contains:
- Your name.
- The name of the party whose copyright
has been infringed, if different from your name.
- The name and description of the work
that is being infringed.
- The location on our website of the
infringing copy.
- A statement that you have a good faith
belief that use of the copyrighted work described above is not
authorized by the copyright owner (or by a third party who is legally
entitled to do so on behalf of the copyright owner) and is not
otherwise permitted by law.
- A statement that you swear, under
penalty of perjury, that the information contained in this notification
is accurate and that you are the copyright owner or have an exclusive
right in law to bring infringement proceedings with respect to its
use.
You must sign this notification and send it
to our Copyright Agent at support@heightsplatform.com. Since we request
notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark
infringement, we recommend that you send us similar information to that
above in regards to any allegation of trademark infringement, and we will
address it as soon as practicable.
19. Representations &
Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS
TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR
PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT
WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT
OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR
SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE
LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE
TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR
LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY
WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING
BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT,
DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER
ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR
APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY
OF OUR APP AS IT APPLIES TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH
RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON
THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND
YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY
PAYMENT ISSUES WHICH YOU MAY HAVE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE
GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES
OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR
UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE
TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS
AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS &
WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST
PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow
us to limit our liability: Notwithstanding
any provision of these Terms, if your jurisdiction has provisions specific
to waiver or liability that conflict with the above then our liability is
limited to the smallest extent possible by law. Specifically, in
those jurisdictions not allowed, we do not disclaim liability for: (a)
death or personal injury caused by its negligence or that of any of its
officers, employees or agents; or (b) fraudulent misrepresentation; or (c)
any liability which it is not lawful to exclude either now or in the
future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT
REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING
APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF
THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE
THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY
SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR
EFFECT AS THE AFOREMENTIONED RELEASE.
20.
Indemnity
You agree to indemnify and hold us harmless
for any claims by you or any third party which may arise from or relate to
this Agreement or the provision of our service to you, including any
damages caused by your use of our website or acceptance of the offers
contained on it. You also agree that you have a duty to defend us
against such claims and we may require you to pay for an attorney(s) of our
choice in such cases. You agree that this indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and
disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim,
and you shall be liable for the damages as though we had proceeded with a
trial.
Heights provides an App to its Users as a service. Heights is not a marketplace, and is not
responsible for any interactions between its Users and their Students.
21. Choice of
Law
This Agreement shall be governed by the laws
in force in the State of Texas. The offer and acceptance of
this contract are deemed to have occurred in the State of
Texas.
22. Forum of
Dispute
You agree that any dispute arising from or
relating to this Agreement will be heard solely by a court of competent
jurisdiction in the State of Texas. Specifically, where the
subject matter of a dispute is eligible for it, you agree that any disputes
shall be heard solely within the lowest court of competent jurisdiction
having the authority to hear civil matters in the State of Texas
(“Small Claims Court”).
If a dispute claims multiple claims and one
or more of those claims would be eligible to be heard by the Small Claims
Court, you agree not to bring the other claims against us and to instead
proceed within the Small Claims Court.
If you would be entitled in a dispute to an
amount exceeding the monetary jurisdiction of the Small Claims Court, you
agree to waive your right to collect any damages in excess of the monetary
jurisdiction and instead still bring your claim within the Small Claims
Court.
You agree that if a dispute is eligible to
be heard in Small Claims Court but you would be entitled to an additional
or alternative remedy in a higher court, such as injunctive relief, you
will waive your right to that remedy and still bring the dispute within the
Small Claims Court.
If you bring a dispute in a manner other
than in accordance with this section, you agree that we may move to have it
dismissed, and that you will be responsible for our reasonable attorneys’
fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any
dispute arising from or relating to this Agreement will be responsible for
the reimbursement of the successful party’s reasonable attorneys’ fees,
court costs, and disbursements.
If for any reason the provisions in this
section as to the proper forum of dispute are found to be unenforceable and
another state may have jurisdiction over such disputes, you agree that this
section shall apply as analogously as possible in that other state,
including but not limited to the requirement that the dispute be brought in
that state’s small claims court.
23. Force
Majeure
You agree that we are not responsible to you
for anything that we may otherwise be responsible for, if it is the result
of events beyond our control, including, but not limited to, acts of God,
war, insurrection, riots, terrorism, crime, labor shortages (including
lawful and unlawful strikes), embargoes, postal disruption, communication
disruption, unavailability of payment processors, failure or shortage of
infrastructure, shortage of materials, or any other event beyond our
control.
24.
Severability
In the event that a provision of this
Agreement is found to be unlawful, conflicting with another provision of
the Agreement, or otherwise unenforceable, the Agreement will remain in
force as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions of this Agreement
are deemed to conflict with each other’s operation, Heights shall have
the sole right to elect which provision remains in force.
25.
Non-Waiver
Heights reserves all rights afforded to
us under this Agreement as well as under the provisions of any applicable
law. Our non-enforcement of any particular provision or provisions of
this Agreement or the any applicable law should not be construed as our
waiver of the right to enforce that same provision under the same or
different circumstances at any time in the future.
26. Termination &
Cancellation
We may terminate your account or access as
well as access to our Site and Service to you at our discretion without
explanation, though we will strive to provide a timely explanation in most
cases. Our liability for refunding you, if you have paid anything to
us, will be limited to the amount you paid for goods or services which have
not yet been and will not be delivered, except in cases where the
termination or cancellation was due to your breach of this Agreement, in
which case you agree that we are not required to provide any refund or
other compensation whatsoever.
27. Assignment of
Rights
You may not assign your rights and/or
obligations under this Agreement to any other party without our prior
written consent. We may assign our rights and/or obligations under
this Agreement to any other party at our discretion.
28.
Amendments
We may amend this Agreement from time to
time. When we amend this Agreement, we will post the changes
here. You must read this page every time you access our Site or
Service, and if you do not agree to any changes, you must cease using our
Site and Service immediately and inform us of your non-agreement with
sufficient information to identify your account at support@heightsplatform.com so that we may disable your
account.
29. Data Processing Agreement (DPA)
If you are subject to the GDPR, UK GDPR, or Swiss data protection law and Heights processes Personal Data on your behalf as a processor, you may request
our Data Processing Agreement (including the EU Standard Contractual Clauses and, where applicable, the UK Addendum and Swiss transfer terms) by contacting
us at support@heightsplatform.com.
30. California Users and
Residents
Pursuant to California Civil Code Section
1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.
Lastly, California users are also entitled
to the following specific consumer rights notice: The Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
Last Modified: Feb 2,
2026
