Acadea Terms of Service

ACADEA TERMS AND CONDITIONS OF SALE – SERVICES
Last updated: 3rd December 2020
Background
These Terms and Conditions explain the basis under which the Service Provider will provide the Services to the Client for the price described at clause 4.

The Client should read these Terms and Conditions carefully to make sure that they understand what is agreed.

1. Definition
In these Terms and Conditions, the following words and phrases have the following meanings:

‘Client’ the person or company buying the Services
‘Confirmation of Acceptance’ the Service Provider’s confirmation that the Client’s order has been accepted and a binding agreement has been formed for the supply of the Services
‘Parties’ the Client and the Service Provider
‘Party’ either one of the Client or the Service Provider
‘Service Provider’ the person or company selling the Services; contact details at the end of these Terms and Conditions
‘Services’ the services that the Client is purchasing
‘Terms and Conditions’ this document detailing the rights and responsibilities of the Parties
2 SERVICES
2.1 The Service Provider is under a legal duty to supply the Services using reasonable care and skill.

2.2 The Services will be performed so far as reasonably practicable, at such time or times as the Service Provider shall decide. Any times, dates or periods given by the Service Provider for provision of the Services are estimates only. The Service Provider will make reasonable efforts to comply with any such time estimates, and will perform the Services within a reasonable time. However, time is not of the essence in respect of the Service Provider’s performance of the Services.

3 ORDERING
3.1 By ordering Services from the Service Provider, the Client makes an offer to buy the Services for the price given by the Service Provider. There is no binding contract between the Parties at the time when the order is made.

3.2 The Client will confirm the purchase of the Services in the Service Provider's website. This Confirmation of Acceptance is the Service Provider’s acceptance of the order made by the Client. When the Confirmation of Acceptance is received, there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Services that are included in the Confirmation of Acceptance.

4 PRICE AND PAYMENT
4.1 The Client must make payments in accordance with any schedule agreed with the Service Provider. GST (if applicable) will be charged at the rate prevailing at the time that payment is due.

4.2 Where an estimate of the total price has been provided by the Service Provider, the final price for the Services may be higher or lower than the estimate. Circumstances where the price may be different from an estimate include, but are not limited to:

4.2.1 the Services taking longer to complete than could have reasonably been anticipated;

4.2.2 the Client making any changes to the Services after the price is agreed; or

4.2.3 changes to the prices charged by any of the Service Provider’s suppliers.

4.3 Without prejudice to any other legal right or remedy:

4.3.1 if any agreed payment is not received by the Service Provider by the due date, they can charge interest on the outstanding sum or sums. Interest will be charged at 4% per annum above the Central Bank of Australia base rate, accruing daily from the due date until payment is made;

4.3.2 if the amounts not paid to the Service Provider when due total 10% or more of the total value of the Services, the Service Provider is entitled to suspend the performance of any remaining Services until the outstanding payments are made; and

4.3.3 the Client will not refuse to pay any amount which is owed to the Service Provider where there is only a minor or inconsequential defect or error in the performance of the Services.

4.4 Refund policy and money-back guarantee:

4.4.1 The Service Provider is happy to provide the Client with a full refund of the purchase price during the refund period as associated with the Service or Product purchased.

4.4.2 The refund period is 7 days from the date of purchase unless stated otherwise.

4.4.3 The Service Provider reserves the right right to limit, suspend, or terminate your account if the Client seeks refunds for an obnoxious number of purchases. The value of obnoxious number is under the discretion of the Service Provider.

4.4.4 To seek refund, the Client shall send an email to support@acadea.io within the refund period.

4.4.5 The Service Provider reserves the right to deny a refund if we suspect any fraudulent activity or abuse of the money back guarantee policy.

4.4.6 This money back guarantee is subject to local laws and regulations, and any disputes arising from it shall be governed by the applicable laws of the jurisdiction in which the purchase was made.

4.4.7 Any unauthorized sharing, copying, or distribution of the course content may void the eligibility for a refund.

5 CLIENT’S RESPONSIBILITIES
5.1 The Client shall co-operate fully with the Service Provider in the performance of the Services. Co-operation shall include, but is not limited to:

5.1.1 responding promptly and properly to any correspondence, request, query or communication from or on behalf of the Service Provider;

5.1.2 promptly providing any information, documentation, instruction, support or other assistance as the Service Provider reasonably requires;

5.1.3 promptly making any space, resources or facilities available as may reasonably be required by the Service Provider; and

5.1.4 paying any and all sums due on time.

5.2 If the Client does not comply fully and properly with their responsibilities under this clause, the Service Provider may, without prejudice to their legal rights:

5.2.1 charge the Client for any costs or expenses thereby reasonably incurred; or

5.2.2 suspend the provision of the Services until such time as the Client complies, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.

6 RIGHT TO CANCEL
6.1 The Client has the right to cancel the Services anytime.

6.2 To exercise the right to cancel, the Client must cancel their subscription from their account dashboard in the Service Provider's website. The Service Provider may send a cancellation notice of confirmation to the Client upon receiving the cancellation request.

7 EFFECTS OF CANCELLATION
7.1 If the Client cancels under these Terms and Conditions, the Service Provider may reimburse any payments received from the Client to the extend where the Australian Consumer Law (ACL) permits.

7.2 Should the Client cancel the Service, the Client will retain access to the Service until the end of the Service billing cycle at the time of cancellation. The Service provider will not provide any refund for the remaining time in the Service billing cycle at the time of cancellation.

7.3 The Service Provider will make the reimbursement without undue delay, and not later than 30 days unless otherwise stated, after the day on which the Service Provider is informed about the Client’s decision to cancel.

7.4 The Service Provider will make the reimbursement using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of the reimbursement.

8 CLIENT’S RIGHTS
8.1 If the Service Provider fails to carry out the Services with reasonable care and skill or within a reasonable time, the Client has the right to request the Service Provider re-performs the relevant part of the Services. Any such request can only be made by the Client if it is still possible for the Service Provider to supply the Services to the required standard. Any such repeat performance will be carried out at no cost to the Client, within a reasonable time and without causing significant inconvenience to the Client.

8.2 If repeat performance under this clause is not possible, cannot be or has not been carried out within a reasonable time, or cannot be or has not been carried out without causing significant inconvenience to the Client, the Client has a right to a price reduction up to 100% of the price.

8.3 Where a price reduction is due under this clause, any refund due to the Client shall be paid within 14 days of the Service Provider agreeing that the Client is entitled to one. Any refund will be made by the same means of payment that the Client used, unless expressly agreed otherwise between the Parties. The Service Provider will not charge any fee for any such refund.

9 SUB-CONTRACTORS
9.1 The Service Provider can, at its absolute discretion, choose to retain or instruct sub-contractors to carry out the Services in whole or part.

10 AGENCY OR PARTNERSHIP
10.1 Nothing in these Terms and Conditions is intended to or does imply any partnership, fiduciary relationship, joint venture, agency or any other relationship between the Parties, save as provided for in these Terms and Conditions.

11 LIABILITY AND INDEMNITY
11.1 Nothing in these Terms and Conditions seeks to limit the liability of the Service Provider for fraudulent acts or omissions, death or personal injury caused in connection with the provision of the Services, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.

11.2 Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.

11.3 Subject to the rest of this clause, the Service Provider’s total liability to the Client will not, in any circumstances, exceed the total amount of the price payable by the Client.

11.4 In the event that the Client or their servants or agents breach these Terms and Conditions, or are negligent in their actions, the Client will, to the fullest extent permitted by law, indemnify the Service Provider against any liability, loss, claim, damage, expense suffered by the Service Provider as a result.

12 PROPERTY AND INTELLECTUAL PROPERTY
12.1 Any property or intellectual property rights in any material owned by the Service Provider shall belong to the Service Provider and the Client shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.

12.2 Any property or intellectual property rights in any material owned by the Client shall belong to the Client and the Service Provider shall not cause or permit anything to endanger those rights or title, or permit, assist or encourage others to do so.

12.3 This clause is subject to the right of the Parties to use any such material so far as is reasonably required to carry out the agreed Services.

12.4 The Client warrants that any material, whether comprising documents, data, records or any other materials, that it provides to the Service Provider does not infringe the intellectual property rights of any non-Party. The Client agrees to indemnify the Service Provider against any loss, damage, cost, expense or claim of any kind that may arise as a result of such an infringement.

13 CONFIDENTIALITY
13.1 The Parties will use their best endeavours to keep confidential any confidential information relating to the other Party that is provided or otherwise accessed in the performance of the Services. Neither Party shall disclose any confidential information without the consent of the other Party, except to comply with an order of a court of competent jurisdiction or if required in connection with legal proceedings relating to these Terms and Conditions.

13.2 The Parties’ obligations under this clause shall continue after the termination or completion of the Services unless or until the information concerned becomes public knowledge or is otherwise in the public domain through no fault of the Party bound to keep it confidential under this clause.

14 AMENDMENT AND TRANSFER OF RIGHTS
14.1 These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.

14.2 The Service Provider is permitted to assign or transfer any rights or obligations under these Terms and Conditions, or subcontract the same for performance to a third party. The Client is not permitted to assign or transfer any rights or obligations under these Terms and Conditions without the prior written permission of the Service Provider.

15 SEVERANCE
15.1 If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, they will be severed from the remainder. The Terms and Conditions which are left will remain valid and enforceable.

16 THIRD PARTIES
16.1 For the purposes of the Australian Contract Law, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.

17 CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES
17.1 Neither Party shall be liable for any delay or failure to do anything under these terms and conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include – but are not limited to – industrial action, lock out, trade dispute, power failure, internet outage, fire, natural disaster or outbreak of war. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.

17.2 If the circumstances referred to in this clause continue for a period of longer than 7 days, either Party can end the contract by giving 14 days’ notice in writing to the other. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.

18 ENTIRE AGREEMENT
18.1 These Terms and Conditions and the Confirmation of Acceptance taken together are the entire agreement between the Service Provider and the Client and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

19 WAIVER
19.1 Any failure or delay by the Service Provider in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of these Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.

20 GOVERNING LAW AND JURISDICTION
20.1 These Terms and Conditions shall be governed by and construed in accordance with Australian law and the courts of Australia will have exclusive jurisdiction in relation to them.

21 COMPLAINTS
21.1 In the event of a complaint of any nature the Service Provider can be contacted using the details below.

22 CONTACT DETAILS
22.1 The Service Provider is Acadea of 5283, 354 Burnley Street, Richmond VIC 3121 Australia and can be contacted at support@acadea.io. In circumstances where the Client is required to contact the Service Provider in writing, they can email them at support@acadea.io.

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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. 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: March 17, 2025

Acadea Privacy Policy

Privacy Policy
Last Updated 3rd December 2020
Acadea is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

1. ABOUT THIS PRIVACY AND COOKIES NOTICE
a. The website https://learn.acadea.io (the Site) is operated by Acadea (“we”, “us”, “our”), a business entity in Australia under ABN 59370057322.

b. We are committed to protecting your privacy and complying with our data protection obligations under the Australian Privacy Act 1988 (the Privacy Act), Privacy Amendment (Notifiable Data Breaches) Act 2017 (the NDB 2017), the General Data Protection Regulation 2016/679 (the GDPR) and any other applicable Australian legislation (together, Data Protection Law).

c. When you interact with us or use the Site, we act as the data controller of your personal data. This means that we are responsible for processing your personal data and deciding how to use it. This privacy and cookies notice explains the types of personal data we may collect about you when you interact with us, why we collect it, what we use it for and what rights you have over that data.

d. Personal data is any information about an identifiable person. Processing is anything we do with your personal data, including using, storing, sharing and deleting it.

This notice was last updated on the date shown at the top. We may change this notice at any time by posting an updated version on the Site and will make reasonable efforts to bring any material changes to your attention. You may wish to check it before using the Site as any changes will be effective from the date that they are made.

2. CONTACT INFORMATION
2.1 If you have any concerns or would like further information about our use of data or this notice in general, you can contact us at email: support@acadea.io.

3. WHAT INFORMATION DO WE COLLECT?
3.1 We collect, store and use the types of personal data set out in the table at the end of this notice.

4. HOW WILL WE USE YOUR PERSONAL DATA?
4.1 We will use your personal data for the purposes set out in the table at the end of this notice.

4.2 We profile our customers so that we can find out more information about their purchase preferences and market the most relevant products to them. To do this, we compile a profile of information on you which includes your age, gender, Internet Protocol address, device used, purchase history, pages you visit and how you respond to direct marketing communications.

4.3 Subject to paragraph 8.5, you have the right to object to profiling activities where these are carried out for the purposes of direct marketing, for our legitimate interests or for a task which is in the public interest.

5. HOW DO WE SHARE YOUR PERSONAL DATA?
5.1 When we share personal data, we do so in accordance with Data Protection law. We may share certain personal data:

5.1.1 with employees, contractors, consultants or advisers, To facilitate sales and for general commercial purposes.;

5.1.2 with parties who provide products or services to us, such as, user analytics, email services, payment processing, advertising, user notification and feedback functionality etc;

5.1.3 with government or quasi-governmental organisations, law enforcement and other regulatory authorities or third parties when required or permitted by law, including but not limited to in response to court orders, for the prevention and detection of crime and to protect intellectual property and any other legal rights;

5.1.4 if the Company or part of the business is sold, transferred or integrated with another business, with our advisers, a prospective purchaser, a prospective purchaser’s advisers or the new owner of the Company to facilitate the process; and

5.2 We may also provide third parties with aggregated but anonymised information and analytics about our customers. Before we do so we will make sure that it does not identify you.

5.3 In some cases, when we share personal data, it will involve the transfer of that personal data to countries outside the EEA which have different data protection standards to those which apply in the EEA.

5.4 Where we transfer personal data outside the EEA we will ensure that there are adequate safeguards to protect your privacy rights under Data Protection Law.

6. USE OF COOKIES AND SIMILAR TECHNOLOGIES
6.1 We and our third-party service providers use cookies and similar technologies to collect information about, and relevant to, your usage of the Site. Cookies are small text files that are stored on your computer when you visit the Site. It is standard practice to use cookies to make your experience better when using a website.

6.2 We use the following categories of cookies and similar technologies on this Site:

6.2.1 Strictly necessary cookies: These cookies are essential to enable you to move around the Site and use its features. Without these cookies, services you have asked for (such as remembering your login details or the items you placed in your basket) cannot be provided.

6.2.2 Analytics cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often, what searches you perform and if you get error messages from web pages. Information these cookies collect can be used to improve how the Site works.

6.2.3 Customization cookies: These cookies allow the Site to remember choices you make (such as your user name) and provide enhanced, more personal features. These cookies cannot track your browsing activity on other Sites.

6.2.4 Security cookies: These cookies form part of our security features, for example, by helping us detect malicious activity or violations of our terms of use.

6.2.5 Social media cookies: These cookies allow you to share your activity on the Site on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for information regarding how their cookies work.

6.2.6 Targeting or advertising cookies: These cookies record your visit to the Site, the pages you have visited and the links you have followed. We use this information to make our Site and the advertising displayed on it more relevant to your interests. [We may also share this information with third parties for this purpose.

6.3 When you visit the Site for the first time (and periodically after that), we will request your consent to the setting of all cookies other than strictly necessary cookies.

6.4 You can delete existing cookies and disable some or all types of cookies in future if you wish. To disable some or all types of cookies, you will have to change the settings on your browser. If you change your mind, you can enable cookies again at any time. Disabling cookies on your browser may stop the Site from working properly.

6.5 To find out more about cookies please visit www.allaboutcookies.org.

7. THIRD PARTY LINKS
7.1 This Site contains links to other websites over which we have no control. We are not responsible for and do not review or endorse the privacy policies or practices of other sites which you choose to access from this Site. We encourage you to review the privacy policies of those other sites, so you can understand how they collect, use and share your personal information.

8. YOUR RIGHTS
8.1 We respect your rights to privacy and will respond to requests for access or control over information about you in accordance with Data Protection Law. We may require you to verify your identity before we take any action.

8.2 Depending on the reason we have your personal data, you have a right to:

8.2.1 access the personal information we hold about you (commonly known as subject access);

8.2.2 request that we correct or complete personal information we hold about you that is inaccurate or incomplete;

8.2.3 request that we erase your personal information in some circumstances, or object to our processing it as detailed at paragraph 8.5;

8.2.4 restrict how we use your personal information, in certain circumstances;

8.2.5 request that we provide you with copies of your personal information in a machine-readable format or transfer it across different services; and

8.2.6 where we have asked for your consent to process your data, to withdraw this consent.

8.3 These rights are limited in some situations under Data Protection Law – for example, where we can demonstrate that we are under a legal obligation to process your data.

8.4 If you wish to exercise any of these rights, please contact us using the details in paragraph 2.1 above.

8.5 Your right to object

You have a right to object to our processing of your personal data and ask us to stop doing so. If we are processing your personal data or direct marketing purposes (which includes profiling to the extent that it is related to such direct marketing) and you object to this, we will stop processing your personal data immediately. If our processing of your personal data is in the public interest or pursuant to our legitimate interests and you object to this, we will stop processing your personal data unless we have compelling reasons which override your interests, or our use of your personal data is for the establishment, exercise or defence of legal claims.

8.6 We hope that we can satisfy any queries you may have about the way we process your data. However, if you have unresolved concerns you also have the right to complain to data protection authorities (in Australia, The Office of the Australian Information Commissioner ). You can call the AOIC on 1300 363 992 or go to their website: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint).

9. DATA RETENTION
9.1 Your personal data will only be kept for as long as necessary for our purposes. Specific periods are set out in the table at the end of this notice.

10. DATA PROTECTION PRINCIPLES
10.1 We process your personal data in accordance with the following principles:

10.1.1 we process your personal data lawfully, fairly and in a transparent way;

10.1.2 we collect your personal data for specified, explicit and legitimate purposes; any further processing we do is compatible with the original purposes for which for which we collected it;

10.1.3 we only process personal data which is adequate, relevant and limited to what is necessary to achieve the purpose for which it is processed;

10.1.4 we take reasonable steps to ensure that all personal data is accurate and kept up to date where necessary;

10.1.5 we do not store personal data in a form which identifies you for any longer than is necessary for the purposes of processing; and

10.1.6 we process personal data securely and in a way that protects against unauthorised or unlawful processing, accidental loss, destruction or damage.

10.2 When we ask for your personal data we will tell you whether you are required by law or contract to provide it, and what will happen if you do not provide the data.

10.3 Any request for consent to the processing of your personal data will be made directly to you and will include information about why we require the personal data and what will be done with it.

11. WHAT IS OUR LAWFUL BASIS FOR PROCESSING?
11.1 We will only process personal data when we have a lawful basis for doing that processing. The table at the end of this notice sets out the lawful basis we rely on for each type of data we process.

11.2 We will choose one of the lawful bases in the GDPR to justify how we use your personal data. These are:

11.2.1 Consent: You have given consent to the processing of your personal data for one or more specific purposes.

11.2.2 Contract: The processing is necessary for the performance of a contract with you or in order to take steps at your request before entering into a contract.

11.2.3 Legal obligation: We need to process your personal data to comply with a legal obligation.

11.2.4 Vital interests: The processing is necessary to protect the vital interests of you or another person.

11.2.5 Public interest: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of some official authority.

11.2.6 Legitimate interests: Processing is necessary for the purposes of legitimate interests pursued by us or someone else, except where such interests are overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

TABLE OF PERSONAL INFORMATION WE USE
The table below sets out detailed information about our purposes for processing, the basis for processing and the retention period for the personal data.

Category of personal data Purpose of processing Lawful basis for processing Retention period Name and contact details To send you order updates and to deliver order confirmation and for fraud prevention and detection. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Payment information To take payment and give refund and for fraud prevention and detection. We only store partial payment information from you (e.g. the last four digit of your and your paypal email address) for fraud prevention. The actual payment is stored securely by PayPal Australia Pty Ltd. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Contact history To provide customer service and support and for quality and training purposes. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Saved items in online shopping basket To sell products and services to you. Performance of contract Until you complete your order. Purchase history To provide customer service and support. Performance of contract For 10 years after purchase or until your user account is deleted. Browser, device and Site usage information To improve the Site and to protect the Site against fraud and to set default option for you, such as language, timezone and currency. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Information from linked accounts To enable you to log into the Site simply without having to create a specific account. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Responses to surveys, competitions and promotions To run the survey, competition, promotion or service and product improvement. Legitimate interest in administering and/or improving our products and services generally.
Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Customer comments and product reviews To improve our products and services, and where relevant, to establish, exercise or defend legal claims. Legitimate interest in dealing with complaints or claims. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Information generated in the course of the use of our products and services To improve and test the features and functions of our Site. Legitimate interest in maintaining our Site and improving our products and/or services generally. Performance of contract For 10 years since you last logged on to the Site or until you withdraw consent. Information collected through cookies and similar technologies To conduct and store site usage analytics, statistical and trend analysis and market research. To generate customer profiles to facilitate marketing initiative. Legitimate interest in understanding you better and to improve our Site and services provided. For 10 years since you last logged on to the Site or until you withdraw consent.

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Heights Platform Privacy Policy

We believe that privacy is important. As such, we only collect the information needed to conduct business and improve your experience. We will never sell your data and we will not share your data without your permission. Our Privacy Policy below, and our list of Subprocessors covers a list of the data we collect, how and why we use it, and where it is kept.

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. This Privacy Policy, like our Terms of Service, is an integral part of using our service, and you must completely agree to it in order to use our website and service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“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;

“Privacy Policy” refers to this Privacy Policy;

“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;

“Subprocessor” refers to an entity which processes personal data on behalf of Heights so that we can provide our Service;

“User” refers to users of our App, and general visitors to our Site;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, credit card information, IP address, time zone information, password, and any other information that we may deem relevant to provide our Service to you. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy. We will never sell your personal info to third parties, and we won’t use your name or company in our marketing materials without your permission.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

• Enhance or improve User experience, our Site, or our Service.
• Process transactions.
• Send e-mails about our Site or respond to inquiries.
• Target advertisements that we believe may be of interest to you.
• Provide you with our Service (such as by storing data of courses and lessons you create on our servers so that you may access them using the App).
• Provide support to help you improve your program and or courses within them.
• Tracking behavior metrics for improvement of our Service. Please note that although we may track User behavior (e.g., last login date and percentage of lessons completed, last lesson views, numbers of students and courses in a program), we will not store and track sensitive payment information on our servers. Payment information is instead stored by a PCI compliant third party vendor (Stripe).
• If Heights merges with or is acquired by another company. Should this ever happen, we will notify you before any personal information is transferred and becomes subject to a different policy.
• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to create a session and remember a User as they use our Site, in order to distinguish them from other Users. We also use them to remember your preferences, compile statistical data about the usage of our Site, protect against malicious usage of our Site and optimize the speed of our Site. For this reason, it is necessary that you enable cookies in your browser in order to use our Service, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system. There are four primary uses for different types of cookies we may use:

Revoking permission of certain cookies that are not operation essential for us to provide our service:

Heights uses the Facebook Conversion Tracking Pixel, a service of Facebook, Inc. (https://www.facebook.com/policy.php). This cookie is an advertising type cookie which allows us to record the results of our advertisement performance for marketing purposes. You can revoke the permission for Facebook to track this at the following link: https://www.facebook.com/ads/website_custom_audiences/

Heights uses Google Analytics, a service of Google, Inc. (https://policies.google.com/privacy?hl=en) which allows us to track visits to our website and other browser data so that we can improve your experience. Our particular use of Google Analytics keeps your IP address anonymized before Google records it. This anonymized, or masked IP address, will not be connected to any other data on Google. This is an analytics type cookie. You can prevent analysis of your browser behavior across all websites using Google Analytics by installing this browser plugin: http://tools.google.com/dlpage/gaoptout. Google Analytics Advertising Features may also use anonymized insights into your device behaviors, and you can access and or delete such data via Google's "My Activity" page.

7. Third Party Websites

Heights may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Heights, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Heights bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Heights to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. A current list of vendors is available upon request.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use the following third party services which may also store data about you:

• Anonymized: Any data that could be used to identify the data subject is scrubbed, or a specific encryption policy is used in a case where data is not anonymized.
• Discarded: Data is destroyed automatically without requiring a request by data subject
• Archived: Data can only be accessed by Heights founder.

Community Visibility

Users have the option to make certain community channels or posts publicly visible and indexable by search engines. In these public areas, you should have no expectation of privacy. Content you post or share in such areas may be viewed, copied, or otherwise shared by third parties, and we cannot control or prevent further distribution by those external parties. This includes indexing by search engines or caching on third-party websites, which may persist even if you later remove the content from our Service.

If you choose to post personal or sensitive information — whether yours or that of a third party — in these publicly visible areas, you acknowledge and represent that you have all necessary rights or consents to do so. Heights is not responsible for the use, misuse, or further distribution of content you make publicly available in these channels. If you wish to remove publicly posted content, you may do so from within your account or by contacting us. Please note, however, that removing content from our platform does not guarantee its removal from third-party caches or archives.

You authorize us to allow third party Site and App visitors to view and download data to their respective devices (not limited to mobile phones, tablets, laptops, computers), whether these third party visitors access this content via our Site, App or view and download this content via any mobile application which displays it. Without limiting generality, you understand that the ability of other parties to view information you save in our App and Site is a part of the Service we are providing to you.

9. Release of Your Information for Legal Purposes

At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, unless we are legally prevented from it, we will notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Heights since, by providing such information, you agree to receive communication from us other anyone else covered under this Privacy Policy. However, you may unsubscribe from marketing communications by clicking on the unsubscribe links in our marketing emails, or by notifying Heights that you no longer wish to receive solicitations or information and we will remove you from the database. We may still send certain transactional emails required in order to provide you notice to important alerts regarding your account in our Service.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, such as by using SSL Certificates. Your data is encrypted in transit between you and Heights for account and payment related pages. Should you be accessing our service through a custom domain (ie: a domain other than heightsplatform.com), ensure that the domain used to access our service also has HTTPS if you want your data to be encrypted throughout our entire App. We make routine, secure backups of your data, and we use multiple techniques to eliminate points of failure. We also conduct security reviews on our Service periodically and ensure that third party contractors and employees only have access to the information that is necessary for them to perform their job. However, we make no representations as to the security or privacy of your information. It is in our best interest to keep our website secure, but we recommend that you exercise precautions and use anti-virus software, firewalls, and other precautions such as not telling others your password to protect yourself from security threats. If you need to report an exploit, or you have noticed and incident with your account, please contact us at security@heightsplatform.com.

12. Security Breach Notifications

In the event that your private data are disclosed to unauthorized people (ie: hackers), Heights will send email notifications to all possibly affected parties. We may also make an announcement on our Site directly.

13. Deleted Data

We retain your personal information for the duration of our business relationship, and afterwards for as long as necessary for legitimate business purposes until you exercise your right to erase your personal information. When you request your account and personal information be deleted, we’ll ensure that nothing is stored on our servers past 30 days. Data that you choose to delete from your account while it is active will also be deleted within 30 days, though most data is deleted instantly.

14. GDPR Rights

The General Data Protection Regulation (“GDPR”) gives people under its protection certain rights with respect to their personal information collected by us on the Site. Accordingly, Heights recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:

• Right to Be Informed. This is your right to know how we will process your data, who will process it, and where it might be located.
• Right to Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• Right to Rectification. This is your right to request correction errors and updating of incomplete information.
• Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the "Right to deletion" or "Right to be forgotten"). However, if applicable law requires us to comply with your request to delete your information, fulfillment of your request may prevent you from using Heights services and may result in closing your account.
• Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed.
• Right to Object. This is your right, in certain situations, to object to how or why your personal information is processed.
• Right to Portability. This is your right to receive the personal information we have about you and the right to transmit it to another party.
• Right to not be subject to Automated Decision-Making. This is your right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, if the decision is necessary for performance of any contract between you and us, is allowed by applicable European law, or is based on your explicit consent.

Many of these rights can be exercised by logging in to our App and directly updating or deleting your account data. If you have any questions about exercising these rights, please contact us at privacy@heightsplatform.com.

15. Your California Online Privacy Rights

This section pertains only to residents of California. Heights permits residents of California to use its services. Therefore, it is the intent of Heights to comply with the California Business and Professions Code §§ 22575-22579 and the California Consumer Privacy Act of 2018 (“CCPA”). If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors.

Below are the rights you have, though these are not absolute. In certain cases we may decline your request as permitted by law.

• Information: You can request the following information about how we have collected and used your personal information during the past 12 months:
  • The categories of personal information that we have collected.
  • The categories of sources from which we collected personal information.
  • The business purpose for collecting your personal information.
  • The categories of third parties with whom we share personal information.
  • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient.
  • Whether we’ve sold your personal information, and if so, the categories of personal information received by each category of third party recipient.
• Access: You may request a copy of the personal information that we have collected about you.
• Deletion: You may ask us to delete the personal information that we have collected from you.
• Nondiscrimination: You are entitled to exercise the above rights free from discrimination.

You may contact us at privacy@heightsplatform.com with any questions or to exercise these rights listed above. We may require government identification to process your request and to confirm your residency.

16. Minors

Individuals under 13 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use our Service, please notify us immediately at privacy@heightsplatform.com and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.

17. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Heights transfers Personal Information to the United States and to multiple third party Subprocessors (List of Subprocessors). We enter into GDPR-compliant data processing agreements with each of these Subprocessors. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

18. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page. We may send out an email notification to notify you if more significant changes are made. You must read this page each time you access our Site and Service and notify us at privacy@heightsplatform.com with details sufficient to identify your account if you do not agree to the amendments, so that we may terminate your account. You may also contact us via mail with questions at:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

Last Modified: March 17, 2025