Retraining Pain Ltd Terms of Service

RETRAIN, REFRAME & RECOVER ONLINE COURSE

STANDARD TERMS & CONDITIONS

Background
These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which You can purchase access to our Retrain, Reframe & Recover self-paced online course (the Course). Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase access to the Course. If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase access to the Course.
1. Definitions and Interpretation
In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the online account through which You will be given access to the Course Materials;
“Agreement” means the agreement between You and Us pursuant to which We shall provide access to the Course to You, on the terms set out in these Standard Terms & Conditions;
“Commencement Date” means the date of the Order Confirmation;
“Confidential Information” means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the Course. Confidential Information may include (but is not limited to) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, trading or know-how, and includes any Course Materials, whether the disclosure of information is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015 who enters into a contract for purposes wholly or mainly outside the purposes of any business;
“Course” means the Retrain, Reframe & Recover self-paced online course, access to which is provided by Us to You under the terms set out in these Terms & Conditions;
“Course Materials” means any and all materials which We may provide to You or to which You may have access as a result of Your participation in the Course;
“Data Protection Legislation”
means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data;
“Fees” means the fees payable by You for access to the Course in accordance with Clause 6;
“Intellectual Property Rights” means:
(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(c) rights in or in relation to Our Confidential Information;
(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and
(e) the right to sue for past infringements of any of the foregoing rights;
“Order” means Your order for access to the Course;
“Order Confirmation” means Our acceptance and confirmation of Your Order;
“Our Site” means our website at www.retrainingpain.co.uk;

“Platform” means the online platform through which We may release any Course Materials to You from time to time;
“Us” or “We” means Retraining Pain Ltd, a company registered in England & Wales under company number 12711973 with its registered office at Heritage Exchange, 70 Plover Road, Lindley, Huddersfield, West Yorkshire HD3 3HR; and
“You” means the person to whom We shall provide access to the Course under the Agreement.
2. How the Agreement is formed
2.1 Our Site and the Platform will guide You through the process of placing Your Order.
2.2 No part of Our Site or the Platform constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase access to the Course, subject to these Standard Terms & Conditions, which We may accept. Our acceptance is indicated by sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.
2.4 We shall provide access to the Course to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.
2.5 The Agreement shall come into force on the Commencement Date and shall continue until it is terminated earlier in accordance with Clauses 9 – 11 (the Term).
3. The Course
3.1 The Course is only available to persons who are over the age of 18 and are Consumers.
3.2 A description of the Course appears on Our Site and the Platform. We shall make all reasonable efforts to ensure that the general description of the Course which appears on Our Site and the Platform corresponds to the actual Course that will be provided to You. However, We reserve the right to update and/ or change the precise nature and contents of the Course from time to time, at Our sole discretion.
3.3 We shall make the Course available to You on the terms set out in these Standard Terms & Conditions. If you choose not to access the Course Materials, You will not be entitled to any refund of Fees.
3.4 When You place an Order, You will be required to expressly acknowledge that You understand that Course Materials will be made available to You immediately You enter into the Agreement, and that once You access or download them, You will lose any right You would otherwise have under Clause 9 to cancel the Agreement.
3.5 We expect You to satisfy yourself that the Course will meet Your needs. We do not make any guarantee that You will obtain a particular outcome or result from the Course. Decisions as to whether and how to incorporate the principles covered in the Course are Yours alone, and results for each Course participant are different depending on a number of factors which are outside Our control. You understand that any testimonials provided on Our Site and Our marketing communications do not and are not intended to represent or guarantee that You or any other Course participant will receive the same or similar results.
3.6 While the persons engaged by Us to provide the Course include clinical psychologists and physiotherapists, in the context of this online Course, they are acting as educators and coaches rather than clinical practitioners. The Course content draws on their professional expertise but does not constitute individual medical or therapeutic treatment. We (and the persons engaged by Us to provide the Course) cannot provide personalised clinical care, diagnosis, or treatment through this Course format, and it is not intended to take the place of direct medical or therapeutic care. We do not prescribe or provide medical services, or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body through this Course. Participants requiring individual assessment, diagnosis, or treatment should seek care from appropriate medical or therapeutic professionals. Any changes in medication or treatment should be discussed with a medical professional, and You should not discontinue any prescription medicine or treatment without first consulting the prescribing medical professional.
4. Our obligations
4.1 In providing the Course to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the pain rehabilitation course provider industry in the United Kingdom. If we breach these terms, You may be entitled to a refund under Clause 10.1 or 10.2.
4.2 We shall ensure that any persons engaged by Us to provide the Course to You have the requisite skills and experience to provide that Course.
4.3 We will make every reasonable effort to provide the Course in a timely manner. In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone Your access to any Course Materials. We shall use all reasonable endeavours to resolve any such issues. However, We shall not be liable for any delay in the provision of the Course or Course Materials due to technical issues or circumstances outside Our control.
4.4 Our obligations to You under the Agreement are limited to providing access to the Course. Any request You may make for additional advice or assistance outside the scope of the Course described on Our Site shall not be included in the Fees. We may at Our sole discretion decline to deal with any such request. If We do agree to deal with any such additional request under this Clause 4.4, We may impose an additional charge for Our time. Any such charge will be agreed with You in advance.
4.5 For further information on Your rights as a Consumer, please contact Your local Citizen’s Advice Bureau.
5. Your obligations
5.1 Your Account will be accessed by entering a user ID and a password (together, the Log In Details). You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person. If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at admin@retrainingpain.co.uk.
5.2 You understand and acknowledge the importance of Our Confidential Information and Intellectual Property to Our business. You accordingly warrant and undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 7 and 8 below.
5.3 We reserve the right to suspend or terminate Your access to the Course and/ or the Course Materials if You materially breach the provisions of this Clause 5 or any of the other provisions of the Agreement. If We suspend or terminate Your access under this Clause 5.3, no refund shall be due to You in respect of the Fees (or any part of them).
6. Course Fees
6.1 In consideration for Us providing access to the Course to You, You agree to pay the Fees in accordance with this Clause 6.
6.2 The Fees for the Course shall be the Fees displayed on Our Site at the time of Your Order, and are payable via the payment gateway on Our Site.
6.3 Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.
6.4 You shall be responsible for all costs You incur in connection with Your access to the Course and any Course Materials.
6.5 If the Fees are not paid in accordance with this Clause 6, We reserve the right to:
6.5.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time. Interest under this Clause 6.5.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;
6.5.2 suspend Your access to the Course and the Course Materials until payment of all outstanding Fees (together with any interest charged under Clause 6.5.1 above) is made in full; and/ or
6.5.3 terminate the Agreement, in accordance with Clause 11.1.
6.6 We make all reasonable efforts to ensure that the Fees shown on Our Site are correct at the time of going online. We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary. Changes in the Fees will not affect You if You have already entered into the Agreement.
7. Confidential information
7.1 As a result of Your participation in the Course, You may receive Confidential Information (including the Course Materials).
7.2 You undertake that You will, at all times during the continuance of the Agreement and after its termination:
7.2.1 keep confidential all Confidential Information;
7.2.2 not disclose (either directly or indirectly) any Confidential Information to any other person;
7.2.3 not use any Confidential Information other than for the purpose of Your participation in the Course and subject to the Agreement; and
7.2.4 not make any copies of, record in any way or part with possession of any Confidential Information.
7.3 The obligations contained in this Clause 7 shall survive the Agreement.
8. Intellectual property
8.1 All Intellectual Property Rights subsisting in the Course and the Course Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement shall vest in You any rights in the Course Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate).
8.2 When We provide You with access to the Course Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Course Materials for your personal use. The licence granted to You does not give You any rights in the Course Materials (including any materials that We may licence from third parties).
8.3 You may not, for the term of the Agreement and at any time after its termination:
8.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Course Materials (or any part of them) or make the Course Materials (or any part of them) available to any other person; or
8.3.2 use the Course Materials for the purposes of a business or to generate revenue (including but not limited to using the Course Materials to provide any other course, therapeutic services, training or mentoring).
8.4 If You become aware of any actual or threatened infringement of Our Intellectual Property Rights, You agree to inform Us immediately in writing.
9. ‘Cooling Off Period’
9.1 If You are a Consumer in the United Kingdom or the EU, You have a legal right to a “cooling off period” during which You can cancel the Agreement for any reason and obtain a refund (the Cooling Off Period). This Cooling Off Period begins on the day following the date on which the Agreement is entered into, and ends:
9.1.1 when You access, download or stream any Course Materials; or
9.1.2 (provided You have not accessed, downloaded or streamed any Course Materials) 14 calendar days from the date on which the Cooling Off Period begins.
9.2 If You purchase access to the Course by mistake, please inform Us as soon as possible and do not attempt to access any Course Materials. Provided You have not accessed any Course Materials since the Commencement Date, You may exercise Your right to cancel referred to in Clause 9.1 and You will receive a refund of Fees paid. If You have accessed any Course Materials after the Commencement Date, We will not be able to offer any refund and You will continue to have access to the Course Materials in accordance with the Agreement.
9.3 If You wish to exercise Your right to cancel under Clause 9.1 above, You must inform Us of Your decision within the Cooling Off Period. You may inform Us of this in any way You wish. However, for Your convenience, a sample cancellation notice is included in the Schedule to these Standard Terms & Conditions. If You cancel by email, Your cancellation is effective from the date on which You send Your cancellation. Any cancellation notice should be sent to us by email at admin@retrainingpain.co.uk.
10. Cancellation by You after the Cooling Off Period
10.1 We are under a legal duty to supply products that are in conformity with the Agreement between You and Us. As a Consumer, the Consumer Rights Act 2015 gives you certain legal rights in relation to the Programme, which are summarised below. Nothing in the Agreement will affect those legal rights.
Summary of your key legal rights as a Consumer
• The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
• If the digital content is faulty, you are entitled to a repair or a replacement.
• If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
• If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
10.2 You may also cancel the Agreement immediately and obtain a refund if You can show We were in material breach of the Agreement. For further details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.
10.3 Save for the circumstances set out in Clauses 10.1 and 10.2, You shall not be entitled to terminate this Agreement or obtain a refund.
11. Our right to terminate the Agreement
11.1 We shall have the right to terminate the Agreement immediately if You breach any of the terms of the Agreement including but not limited to:
11.1.1 Your obligations as set out in Clause 5;
11.1.2 Your obligation to pay the Fees in full and on time, in accordance with Clause 6; or
11.1.3 Your obligations in respect of the Confidential Information (Clause 7) and Our Intellectual Property (Clause 8).
11.2 If We terminate the Agreement under this Clause 11, You shall not be entitled to any refund of the Fees (or any part thereof) already paid by You as at the date of Our termination.
12. Effects of cancellation or termination
12.1 Upon termination of the Agreement:
12.1.1 any outstanding Fees due from You to Us under the Agreement shall become immediately due and payable;
12.1.2 The licence referred to in Clause 8.2 shall terminate;
12.1.3 You will cease to have access to the Course;
12.1.4 You undertake (if We so request) to destroy any soft or hard copies of the Course Materials that are in Your possession, custody or control, and to confirm to Us in writing that You have done so;
12.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
12.1.6 termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and
12.1.7 subject as provided in this Clause 12, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.
13. Our liability
13.1 Subject to the remainder of this Clause 13, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We make reasonable efforts to ensure that any Course Materials are accurate, complete and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard. We are under no obligation to update the Course Materials after they are provided to You.
13.3 The Course is intended for non-commercial use only. Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any indirect, special or consequential loss or damages.
13.4 Without prejudice to the generality of Clauses 13.1 - 13.3, all warranties and representations are excluded to the fullest extent permitted by law.
13.5 We shall not be liable if You are unable to access the Course and/ or the Course Materials for any reason that is beyond Our reasonable control.
13.6 We (and the persons engaged by Us to provide the Course) are not acting in the capacity of doctor, psychiatrist, psychologist, physiotherapist or other licensed or registered medical professional, and any advice given by Us or on Our behalf is not intended to take the place of such medical advice. We do not prescribe or provide medical services, or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any changes in medication or treatment should be discussed with a medical professional, and You should not discontinue any prescription medicine or treatment without first consulting the prescribing medical professional.
13.7 You acknowledge and agree that participating in physical movement, exercise, and therapeutic activities carries inherent risks. These risks may include, but are not limited to:
13.7.1 temporary or permanent aggravation of existing pain or symptoms;
13.7.2 muscle soreness, strain, or injury;
13.7.3 physical or emotional discomfort during or after participating in movement or therapeutic activities; and
13.7.4 potential psychological distress from engaging with pain-related thoughts and experiences.
13.8 You should:
13.8.1 consult with Your healthcare provider before beginning the Course to ensure it is appropriate for Your specific condition;
13.8.2 work within Your own physical and emotional limitations;
13.8.3 immediately stop any activity that causes unusual or severe discomfort; and
13.8.4 seek immediate medical attention if You experience any concerning symptoms.
13.9 While the Course is designed to be gentle and adaptable to different ability levels, You participate in all physical and therapeutic activities at Your own risk. We cannot and do not guarantee that participating in the Course will reduce Your pain or improve Your condition.
13.10 You represent and warrant that You have disclosed to Us any relevant medical conditions, injuries, or limitations that may affect Your participation in the Course. You agree to promptly notify Us of any changes in Your health status that may impact Your ability to safely participate in the Course activities.
13.11 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Course Fees paid by You to Us under the Agreement.
13.12 Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law, or to limit Your rights as a Consumer.
13.13 The provisions of this Clause 13 shall survive the termination or expiry of the Agreement.
14. Events outside Our control
We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control. Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.
15. Data Protection
15.1 All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Notice which is available on request or on Our Site.
15.3 By entering into the Agreement, You consent to Us holding, processing and accessing Your personal and sensitive personal data for all purposes relating to provision of the Course to You under the Agreement, in accordance with Our Privacy Notice and the Data Protection Legislation.
16. No Waiver
No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
17. Assignment, Sub-Contracting and Third Party Rights
17.1 We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to a third party who will be bound by them.
17.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
17.3 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
17.4 The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
17.5 Subject to the above provisions of this Clause 17, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
18. Severance
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
19. Entire Agreement
19.1 The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.
19.2 You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
20. Amendments to these Standard Terms & Conditions
We may revise these Standard Terms & Conditions from time to time. If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect, and provide details of how to cancel if You do not agree with them.
21. Contact details, feedback and complaints
21.1 If You wish to contact Us with general questions, You may contact Us by email at admin@retrainingpain.co.uk. For matters relating to cancellations, please see Clause 9 above.
21.2 We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that Your experience of the Course is a positive one. If You do have any complaint or issues with the Course or services provided by Us, please contact Us as soon as possible at admin@retrainingpain.co.uk. We will work collaboratively with You to resolve any such issues in a constructive way.
22. Law and Jurisdiction
22.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
22.2 As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency.


 

SCHEDULE
MODEL CANCELLATION FORM

To: Retraining Pain Ltd

I hereby give notice that I wish to cancel the Course Agreement dated [insert date] (the Agreement).

I confirm that I entered into the Agreement as a consumer, and not wholly or partly for the purposes of any business. I confirm that I have not accessed or downloaded any of the Course Materials, and understand that if I have done so, I no longer have the right to cancel the Agreement.

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date:

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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

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