Terms of Service

Welcome to Ascendia. These Terms of Service ("Terms") govern your access to and use of Ascendia's website, services, and products. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you agree to:

• Comply with these Terms of Service
• Be bound by our Privacy Policy and Cookie Policy
• Accept any updates or modifications to these Terms
• Be of legal age to enter into a binding agreement

2. Description of Services

Ascendia provides AI-powered eLearning content creation services, including but not limited to:

• Content Development: Creation of training courses, learning pathways, and educational materials
• AI-Assisted Design: Automated instructional design powered by artificial intelligence
• Consultation Services: Expert instructional design guidance and support
• ROI Calculator: Tools to analyze training investment returns
• WCAG Compliance: Accessibility-compliant content creation
• Platform Integration: SCORM 1.2/2004 and xAPI compliant content

3. Account Registration and Security

Account Creation

To access certain features, you must create an account by providing:

• Accurate, current, and complete information
• A valid email address
• Company and contact details

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

4. User Obligations and Conduct

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems
• Use our services for any fraudulent or deceptive purposes
• Interfere with or disrupt the integrity of our services
• Reverse engineer, decompile, or disassemble our software
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute our services without authorization

5. Intellectual Property Rights

Our Content

All content, features, and functionality of Ascendia's platform, including but not limited to:

• Software, text, graphics, logos, and images
• AI algorithms and processing methods
• Templates, frameworks, and design systems
• Trade names, trademarks, and service marks

Are owned by Ascendia and are protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain all rights to content you provide to Ascendia. By uploading content, you grant us:

• A limited license to process and create eLearning materials
• Permission to use AI to enhance and develop your content
• Rights to display your content within the services you've purchased

We do not:

• Claim ownership of your content
• Use your content to train public AI models
• Share your proprietary information with third parties without consent

Deliverables

Upon full payment, you receive:

• Full ownership of custom eLearning content we create for you
• Rights to use, modify, and distribute your content
• Source files and editable versions (where applicable)

6. Payment Terms

Fees and Billing

• Service Fees: Prices are as quoted in your service agreement
• Payment Methods: We accept credit cards, ACH transfers, and invoice payments
• Invoicing: Invoices are due within 30 days unless otherwise agreed
• Late Payments: Late fees may apply for overdue invoices
• Taxes: Prices do not include applicable taxes, which are your responsibility

Refund Policy

• First Lesson Free: No charge for initial lesson creation
• Project Deposits: Non-refundable after work has commenced
• Dissatisfaction: We offer revisions to ensure satisfaction before final payment
• Cancellation: Must be requested in writing; fees apply based on work completed

7. Service Level and Availability

We strive to provide reliable, high-quality services. However:

• Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free access
• Scheduled maintenance may temporarily affect availability
• We reserve the right to modify or discontinue services with notice

8. Confidentiality

Both parties agree to:

• Maintain confidentiality of proprietary information
• Use confidential information only for authorized purposes
• Protect confidential information with reasonable security measures
• Return or destroy confidential information upon request

9. Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed with professional care and skill
• Deliverables will meet WCAG 2.2 accessibility standards
• Content will be SCORM 1.2/2004 and xAPI compliant (where applicable)

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Specific learning outcomes or business results

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Ascendia shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for losses resulting from unauthorized access to your account
• We are not responsible for third-party services or content

11. Indemnification

You agree to indemnify and hold Ascendia harmless from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use of our services
• Content you provide to us
• Your violation of any third-party rights

12. Term and Termination

Term

These Terms remain in effect while you use our services.

Termination by You

• You may terminate your account at any time by contacting us
• Outstanding invoices remain due upon termination
• You may request export of your data before termination

Termination by Us

We may terminate or suspend your access immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to our systems or other users

Effect of Termination

Upon termination:

• Your access to services will cease
• Outstanding fees become immediately due
• We may delete your account data after a retention period
• Provisions that by nature should survive will continue (e.g., indemnification, limitations of liability)

13. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us to seek informal resolution of the dispute.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in [Your Location].

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending email notifications (for significant changes)

Your continued use of services after changes constitutes acceptance of the modified Terms.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Ascendia.

Severability

If any provision is found to be unenforceable, the remaining provisions will continue in full force.

Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control.