#thePOSITIVE Agency Terms of Service
If you purchase in error, please contact us IMMEDIATELY for a full refund.
This does NOT apply for digital downloads as the product is unable to be retreived after it is downloaded.
We comply with the Australian Consumer Law and provide a Consumer Guarantee for a full refund if goods delivered are not of acceptable quality. For training & coaching programs, this would generally include a requirement for the participant to have completed all of the recommended actions - with the usual level of diligence expected from a business owner or manager.
NOTE: All content in this program is provided for personal use within an organisation or by an individual - NO License to re-sell or re-package and re-sell is provided. If you would like to re-sell our content, please contact us for Reseller Pricing.
We operate based in Western Australia, the juristiction for settlement of any legal claims or mediation actions will only be responded to if they are to be conducted within the Western Australian Courts system.
You can read the full Terms and Conditions for #thePOSITIVE Digital Business Agency at:
https://thepositive.com.au/terms-and-conditions/
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.
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 head 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. 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: August 31,
2023
