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These Terms of Use ("Terms") were updated on March 2nd, 2021.
More TOB Courses are created to guide you to an empowered place so that you can make decisions that are right for you. And to assure that we provide you the best, most secure experience we can, we created these Terms. These Terms help to protect you and us ("The Overwhelmed Brain") and apply to all your activities on the More TOB Courses website, any More TOB Courses mobile applications, our APIs, and other related services (“Services”).
We also provide details regarding the processing of personal data of our students and instructors in our Privacy Policy.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with More TOB Courses through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You need an account for all activities on this platform. Do not share your username or password with anyone. You are responsible for all activity associated with your account. If you suspect someone else is using your account, contact us. You must have reached the age of consent for online services in your country to use More TOB Courses.
You need an account for most activities on this platform, including purchasing and enrolling in a course. The Overwhelmed Brain uses the online service Heights Platform to deliver the More TOB Courses course material. When setting up and maintaining your account, you must provide and continue to provide a valid email address. You do not have to provide your real name as you are allowed anonymity in the courses and message boards.
You assume complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. Guard your password.
You may not transfer your account to anyone nor use anyone else’s account. If you request access to an account not owned by you, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of a user's death, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may need to validate your identity to confirm that you are indeed the owner of your account.
You must be at least 18 years of age to create an account on More TOB Courses and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live and you'd like to set up an account, a parent or guardian can open the account and help you enroll.
If you are below this age of consent to use online services, you may not create a More TOB Courses account. If we discover that you have created an account that violates these rules, we hold the right to terminate your account.
You can have your account deleted at any time. Simply contact us if you have trouble deleting your account.
When you enroll in a course, you will have lifetime access to the course you purchased and the associated message board. Do not transfer or resell your course to anyone. We grant you lifetime access, except when we must disable the course because of legal or policy reasons.
Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, More TOB Courses grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services.
All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a The Overwhelmed Brain authorized representative. This also applies to content you can access via any API.
We reserve the right to revoke access to a course at any point in time in the event where we decide or are obligated to disable access due to legal or policy reasons.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable students to see pricing in other currencies.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, the payment systems we use (PayPal and Stripe) are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. More TOB Courses works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
More TOB Courses or our partners may offer coupon codes to students. Coupon codes can be applied during checkout to receive added value or a discount on the price of a course, product, or service.
These coupon codes, as well as any promotional value linked to them, may expire if not used within the period specified in your More TOB Courses account. Coupon codes offered by More TOB Courses may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Coupon codes offered by a partner are subject to that partner’s refund policies.
You can only use More TOB Courses for lawful purposes. You’re responsible for all the content that you post on the Heights Platform platform. Please use respect and kindness when conversing on the message board with other students. Also, stay within the law and respect the intellectual property rights of others. If you violate these terms, your account can be removed. If you think someone is infringing your copyright on this platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.
We may terminate or suspend your permission to use this platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Like other platforms where people can post content and interact, there can be risks involved where people can post content that is not in the best interest of other students.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. More TOB Courses has no responsibility to keep such content from you but we will do our best to moderate the content we see on the message boards. We will also delete any content that is flagged by students to be inappropriate and may subsequently terminate the account of students that continue to post inappropriate material.
By enrolling in courses that pertain to your emotional well-being, you are choosing to assume all risks voluntarily, including any psychological risk you may be exposed to. The course material often asks you to reflect and process information that could be difficult or painful, so it's important that you have access to professional assistance if and when needed. Professional assistance can include a medical or psychological doctor, coach, or other mental health and well-being specialist. You assume full responsibility for the choices you make before, during, and after your enrollment in a course. The course creator, The Overwhelmed Brain, and More TOB Courses will do their best to guide you through processes through the curriculum and occasionally on the message board, but it is your responsibility to secure a professional that can help you if you require immediate and/or one on one assistance with a mental, emotional, or psychological issue.
When you interact on the message boards, you must be careful about the types of personal information that you share. We cannot control what students do with the information they obtain from other students on the platform. Due to the anonymous nature of the message boards, you should not share your email or other personal information about yourself for your own safety.
We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of other students on the platform.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
You do not have permission to tamper without authorization our Services, including the website, present or future apps and services, our logos, API, code, and content.
Our content is protected by copyright, trademark, and other laws of both the United States and foreign countries. You do not have permission without authorization to use the More TOB Courses name or any of The Overwhelmed Brain, Love and Abuse, or More TOB Courses trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding More TOB Courses or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the More TOB Courses platform and Services:
These Terms were created to clarify the legal relationship between us and you.
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with More TOB Courses. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are not a student but are accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
If you are reading these terms in any language other than English, the possibility for misinterpretation is present; therefore, you understand and agree that the English language will be the control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that the Heights Platform or The Overwhelmed Brain is down, either for planned maintenance or because something goes wrong with the site. It could also happen that we encounter security issues. Regardless of the reason for the downtime, you accept that you will not have any recourse against us in any of these types of cases.
The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will More TOB Courses or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
As stated before, there may be risks of using our Services, such as mental health and psychological issues that could arise. Because of this, you fully accept these risks and agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using our platform and Services.
To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the cost of the course(s) or product(s) you purchased. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that puts The Overwhelmed Brain or More TOB Courses in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Paul Colaianni, The Overwhelmed Brain, More TOB Courses and any officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by email (by us to the email associated with your account or by you to on our contact form).
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You may not assign or transfer these Terms (or the rights and licenses granted under them). Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
If there’s a dispute, we will help you resolve the issue. Most disputes can be resolved, so before seeking legal recourse, please contact us first. It is preferred to resolve all problems without going to a court of law.
If we can’t resolve our dispute amicably, you and The Overwhelmed Brain agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
All disputes must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if More TOB Courses changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing More TOB Courses written notice of such rejection by mail to The Overwhelmed Brain, LLC, 6234 Old Highway 5, Ste D9, # 2, Woodstock, GA 30188 or by email from the email address associated using our contact form, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and More TOB Courses in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and More TOB Courses reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise.
Any revised Terms shall supersede all previous Terms.
The best way to get in touch with us is to use our contact form. We’d love to hear your questions, concerns, and feedback about our Services.
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.
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.
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
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.
In order to use our Service, you must meet a number of conditions, including but not limited to:
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.
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:
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.
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:
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.
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:
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
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:
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
We may use your information to:
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.
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:
| Cookie Type | Purpose |
|---|---|
| Operation Essential | These cookies are necessary for us to provide our Service. They help to recognize your account status, protect your account security, and remember your preferences. |
| Analytics | These cookies help us to maintain and continuously improve our Service. We use this type of cookie to help improve your experience using our Service. |
| Advertising | We use these cookies to serve advertisements that we believe may be relevant to your interests, and to measure the effectiveness of these advertisements. We also may use the information provided by this type of cookie for frequency capping purposes (ie: to ensure we are not serving the same advertisement to you too many times). |
| Third Party | Subprocessors and other businesses we have contracted may use cookies for the same purposes as described above. |
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.
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.
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:
| Supplier | Data Type | Anonymized | Discarded | Archived |
|---|---|---|---|---|
| Algolia | Search queries | Yes | Automatically after ~24 hours | |
| Amazon Web Services | Media files | Yes | After trial or subscription ended | |
| Bunny | Media files | Yes | After trial or subscription ended | |
| CloudFlare | Media files | Yes | After trial or subscription ended | |
| Continually | Email, name | |||
| Continually | Browser identifiers | |||
| Google Analytics | Browser identifiers | Yes | ||
| Help Scout | Email, name | |||
| Help Scout | Browser identifiers | |||
| Heroku | Email, name | After trial or subscription ended | ||
| Heroku | Password | Bcrypt encryption | After trial or subscription ended | |
| Heroku | Account data/media files | After trial or subscription ended | ||
| Kit | Email, name | |||
| Plerdy | Browser identifiers | Yes | Automatically after 6 months | |
| Posthog | Account analytics | Yes | ||
| OpenAI | Account data | After trial or subscription ended | ||
| Rollbar | Error logs | Automatically after 30 days | ||
| Scout APM | Operation heuristics | Yes | Automatically after 30 days | |
| Sendgrid | Email, name | |||
| SparkLoop | Email, name, referral data | |||
| Stripe | Credit card data | PCI Compliant | ||
| Transloadit | Media files | Yes | Automatically after ~24 hours |
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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