These Terms of Service ("Terms") govern your access to and use of opalLMS, the learning platform operated by opalLMS Inc. ("opalLMS", "we", "us"). By creating an account or otherwise using the platform, you agree to be bound by these Terms.
1. Acceptance
By creating an account, installing the opalLMS mobile app, or otherwise accessing the platform, you represent that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
2. Your account
You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use. We may suspend or terminate accounts that violate these Terms, the Acceptable Use Policy, or applicable law.
3. Content you upload
You retain ownership of the courses, media, and other content you upload to opalLMS ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, cache, and display Customer Content solely to operate the platform and deliver it to your learners. We do not claim ownership of your Customer Content.
4. Our intellectual property
The opalLMS platform, including software, trademarks, templates, and documentation, is owned by opalLMS Inc. and protected by intellectual property laws. Nothing in these Terms transfers ownership of our intellectual property to you.
5. Fees and payment
Paid plans are billed in advance on a monthly or annual basis. Fees are charged in USD unless otherwise stated and are non-refundable except as described in our Refund Policy. We may update pricing with at least 30 days notice; the new price applies at your next renewal.
6. Free trial
Paid plans include a 14-day free trial with no credit card required. At the end of the trial, your workspace reverts to the free tier unless you select a paid plan. You can cancel anytime during the trial at no charge.
7. Suspension and termination
We may suspend or terminate your access for non-payment, breach of the Acceptable Use Policy, or when required by law. You may cancel at any time from the admin dashboard; cancellation takes effect at the end of the current billing cycle. We will make your Customer Content available for export for 30 days after termination.
8. Warranties and disclaimers
opalLMS is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.
9. Limitation of liability
To the maximum extent permitted by law, opalLMS's aggregate liability arising out of or related to these Terms will not exceed the fees you paid to us in the 12 months preceding the claim. We will not be liable for indirect, consequential, or punitive damages.
10. Indemnification
You agree to indemnify and hold opalLMS harmless from claims arising out of your Customer Content, your breach of these Terms, or your violation of applicable law.
11. Governing law
These Terms are governed by the laws of the jurisdiction in which opalLMS Inc. is incorporated. Any dispute will be resolved in the courts of that jurisdiction, subject to mandatory consumer-protection laws that may apply in your country of residence.
12. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or in-app notice at least 30 days before they take effect. Continued use of the platform after that date constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms? Email legal@opallms.com.
Questions about this document? Email legal@opallms.com. For general support, see the help centre.