Developing New Horizons LMS - Terms of Service
"Administrator"means an Authorized User assigned by Customer with certain administrative responsibilities over Customer’s account, as specified in the interface of the Services.
"Affiliate"means any entity that, directly or indirectly, controls, is under common control with, or is controlled by a party. "Control" refers to the power to direct or cause the direction of the management or policies of such entity, whether through beneficial ownership of voting securities, by contract, or otherwise.
"Authorized User"means Customer’s and/or Customer’s Affiliates’ employee, contractor, agent, or any other individual authorized by Customer to access and use the Services via Customer’s account. Customer is responsible for Authorized Users’ compliance with this Agreement.
"Customer Delivered Course"means a course that Customer makes available, presents, or administers to Authorized Users.
"Customer Course Store Course"means a course and related materials that Customer requests to make available to third parties via the LMS Course Store.
"Documentation"means user guides, online help, training materials, and other documentation provided to Customer regarding use of Services.
"Effective Date"means the first date that Customer accesses the Services.
"Instructor"means an Authorized User assigned by Customer with instructional responsibilities over Customer’s account, as specified in the interface of the Services.
"LMS Services"means services and materials related to structuring and presenting online courses for Authorized Users, including Developing New Horizons’ proprietary course content.
"LMS Course Store"means the online Course Store site operated as part of the Service where Customer Course Store Courses and related materials may be promoted and made available to other users.
"Order"means an ordering document entered into by and between Developing New Horizons and Customer.
"Portal"means the website address assigned and/or designated by Developing New Horizons to Customer to access the Services.
"Services"means Developing New Horizons' hosted, internet-accessible learning management solution service made available to Customer via the Portal.
"Supplier" or "we"means Developing New Horizons Inc, a Florida-based company with its registered office in the United States.
The Services provided by Developing New Horizons include:
(a) the LMS Services; and
(b) the LMS Course Store (as defined in the LMS Course Store Terms), along with additional content or features made available periodically.
Subject to Customer’s compliance with these terms, Developing New Horizons grants Customer a non-exclusive, non-assignable, limited right to access and use the LMS Services solely for Customer’s internal business operations. Customer may choose between Developing New Horizons’ standard free plan or paid features, including a Subscription. If purchasing a Subscription, Developing New Horizons will use commercially reasonable efforts to provide access in accordance with the Service Level Agreement available on its website. Unless Customer’s pricing plan includes chat support, technical support is solely available via email to Customer’s designated account administrator.
Customer may request to make a Customer Course Store Course available to third parties via the LMS Course Store, subject to the terms outlined in the Developing New Horizons Course Store Terms. These terms are incorporated by reference.
Customer must register for an account to access portions of the Services. Customer agrees that the information provided during registration is accurate and will be kept up to date. Customer is responsible for maintaining the confidentiality of its account and password and accepts responsibility for all activities under the account. Sharing passwords or authentication credentials with unauthorized third parties is prohibited. If Customer suspects unauthorized account access, they must notify Developing New Horizons immediately.
Customer may authorize up to the maximum number of Authorized Users as set forth in the applicable Order. Each user subscription corresponds to a unique Authorized User who must maintain the security of their account credentials. Shared logins are not permitted. Developing New Horizons may audit Customer’s compliance with subscription limits and usage once per year with 10 days' written notice.
Customer may charge Authorized Users to access Customer Delivered Courses. Customer is solely responsible for administering and operating courses, supporting participants, ensuring compliance with intellectual property laws, and maintaining appropriate content standards.
Customer may include a separate End User License Agreement ("EULA") for Authorized Users. Developing New Horizons is not responsible for any EULA or agreements between Customer and its users.
Customer shall not:
Developing New Horizons reserves the right to disable access for violations of these restrictions.
Customer agrees to:
Developing New Horizons determines pricing and reserves the right to update fees periodically. Any fee changes will be communicated in advance. Unless otherwise stated, fees are non-refundable.
7.2. AuthorizationCustomer authorizes Developing New Horizons or a third-party payment processor to charge all applicable fees to the payment method on file.
7.3. Subscription ServicesSubscriptions automatically renew unless canceled before the next billing cycle. Refunds for early termination are subject to cancellation fees. If a subscription is not renewed, Customer's account may revert to the free version, potentially resulting in data loss.
7.4. Delinquent AccountsFailure to pay fees may result in suspension or termination of access to Services.
Developing New Horizons retains all rights to the Services and its components. Feedback provided by Customer may be used by Developing New Horizons to improve its offerings.
Each party agrees to maintain the confidentiality of the other’s proprietary information. Confidentiality obligations survive termination of this Agreement.
Developing New Horizons is not liable for indirect, incidental, or consequential damages. The maximum liability for any claim is limited to the amount paid by Customer in the previous 12 months or $100, whichever is greater.
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles. Disputes shall be resolved in the courts located in Florida.
By accessing or using the Services, Customer agrees to these Terms of Service.
Welcome to Developing New Horizons (the “Website”). By accessing and using our Website, you agree to comply with and be bound by the following terms and conditions. If you do not agree with these terms and conditions, please refrain from using our services.
Your use of the Website is also governed by our Privacy Policy, which can be found in the privacy policy link in our footer. Please review this document to understand our practices concerning data collection and how we protect your privacy.
By using our Website, you acknowledge that you have read, understood, and agreed to these terms and conditions