Terms of service

Welcome to edunext! Please read these Terms of Service and our Privacy Policy before registering on our Open edX platform as a service or using the edunext websites and online services. These Terms of Service and the Privacy Policy constitute agreements (the “Agreement”) between you and edunext. By using the Sites, and accepting the Terms of Service when entering the webpage, you agree and legally commit to comply with the Agreement, whether or not you are a registered user. If you do not understand or do not wish to comply with the terms of the Agreement, you should not use the Sites associated with edunext services.

Table of Contents

1. Acceptance of Terms and Conditions

By accessing and accepting the verification mechanisms that pops up when entering the webpage to use the Open edX platform provided by edunext, the user expressly agrees and commits to comply with these Terms and Conditions.

2. Registration and Accounts

2.1. The user is responsible for providing accurate and up-to-date information during the registration process.

2.2. The user may register for a LITE or NIMBUS account without requiring the signing of a formal contract.
2.3. Edunext reserves the right to suspend or cancel accounts in case of false information or breach of these terms.
2.4. By creating a LITE or NIMBUS account, you are gaining access to publish web content on edunext servers; therefore, you agree to be responsible for your own use of the Site and your User Contributions. “User Contributions” include all content that you submit, post, or distribute on the Site, whether by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads.
2.5. To fully participate in the Sites, you must provide your name, an email address, and a user password to create user accounts (“User Account”). You agree not to disclose or share access or login information of your User Account with third parties for any reason.
2.6. When setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You ensure that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

 

We care about the confidentiality and security of your personal information. Please refer to our Privacy Policy for more information on the information we collect about you and how we use that information.

3. Proper Use

3.1. The user agrees to use the platform ethically and legally.

3.2. Reproduction, unauthorized distribution, modification, or any other unauthorized use of platform content is prohibited.

3.3. As a condition for using edunext services, you will not use the Sites in a manner intended to damage, disable, overload, or harm any edunext server or the network connected to any edunext server, nor interfere with the use and enjoyment of the Site by any other party.

3.4. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to any edunext server through hacking, password mining, or other means.

3.5. You may not obtain or attempt to obtain any material or information stored on the Sites, their servers, or associated computers through any means not intentionally made available through the Sites.

 

3.6. The following actions are strictly prohibited on the Sites:

 

 

  • Posting defamatory, harassing, or threatening content.
  • Posting content discussing illegal activities with the intent to carry them out.
  • Posting content that infringes on another’s intellectual property, including but not limited to, copyright or trademark rights.
  • Posting profane, pornographic, obscene, indecent, or illegal content.
  • Deceptive advertising or any form of offensive commercial solicitation.
  • Dissemination of viruses, trojans, worms, time bombs, corrupted files, malware, spyware, or any similar software that may damage the operation of another person’s computer or property.
  • Posting content that contains intentionally inaccurate information or is posted with the intent to deceive others.
  • Forgery or attempting to forge your identity while using the Sites.

4. Over Quota Policy

4.1. Users must comply with the Over Quota Policy established in the attached document.

5. Intellectual Property Rights and Copyrighted Content

5.1. All intellectual property rights related to the Open edX platform are owned by edunext or its licensors.

5.2. The user has no right to reproduce, distribute, or unauthorized use edunext’s intellectual property.

5.3. We reserve the right to remove or disable content alleged to infringe copyright and to terminate accounts of repeat infringers.

5.4. By posting content on the Sites, you affirm, represent, and warrant that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the content, and that the submission of your content will not infringe or violate the rights of any third party. You, and not edunext, are solely responsible for your content and the consequences of publishing or disclosing it.

5.5. While enjoying a free trial account (LITE), by submitting or distributing your content, you grant edunext a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid, royalty-free, irrevocable, and unlimited right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, sublicense, and otherwise use your User Contributions, in whole or in part, in any form and in any format and through any media channel (known or developed in the future). Once services are upgraded to any paid account, edunext expressly acknowledges that all information, text, and graphics, as well as designs and learning content related to the provision of services under this agreement, are the exclusive property of the customer. The customer will also be solely responsible for any potential infringement of third-party intellectual property rights arising from the misuse of digital resources on the customer’s site and within the customer’s courses.

5.6. Copyright owners who believe their material has been infringed on the Site should contact edunext’s designated copyright agent at contact@edunext.co.

 

The notice should include:

 

 

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or the subject of infringing activity. You must include enough information for us to locate the material (e.g., URL, IP address, computer name).
  • Information for us to contact the complaining party (e.g., email address, phone number).
  • A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or its authorized agent.
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITY

THE SITES AND ANY INFORMATION, CONTENT, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED TO TRIAL SUBSCRIBERS OR LITE ACCOUNT USERS “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

 

Edunext DOES NOT WARRANT THAT THE SITES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, NOR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

YOUR USE OF THE SITES, AND THE CONTENT AND SERVICES OBTAINED OR THROUGH THE SITES, IS AT YOUR OWN RISK. YOUR ACCESS OR DOWNLOADING OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA ARISING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS OF SERVICE.

 

Links to Other Sites. The Site may include links to sites maintained or controlled by others. Edunext is not responsible and does not routinely review, approve, inspect, or endorse the content or use of any products or services that may be offered on these sites. If you decide to access linked third-party websites, you do so at your own risk.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT edunext SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT, STATUTE, OR OTHER LAW.

 

IN PARTICULAR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, edunext SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER edunext HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN DATA AVAILABILITY).

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6. Trademarks

6.1. The edunext trademark, Trademarks, and Service Mark are trademarks. It is not permitted to use this Trademark, or any variation of it, without the prior written consent of the owner, for promotional purposes, or in any way that deliberately or inadvertently suggests or gives the appearance of a relationship with or endorsement by this institution, at its sole discretion.

 

6.2. Nothing contained on the Site should be construed as a grant, by implication, estoppel, or otherwise, of any license or right to use any Trademark displayed on the Site without the written permission of the owner of the respective Trademark.

7. Privacy and Security

7.1. User information will be subject to the edunext Privacy Policy.

7.2. Edunext is committed to implementing reasonable security measures to protect user information.

8. Support and Included Services

8.1. The customer agrees to the support times stipulated according to the selected plan.

8.2. The services included in the selected plan are detailed on the edunext website with public access through the following link and may be subject to changes according to platform updates.

9. Payment Commitment:

9.1. By selecting a monthly or annual payment plan, the customer commits to making the corresponding payments according to the agreed terms.

  • Due date: 30 days
  • Accepted payment methods:
    • Nimbus: PayPal, or bank transfer in case of manual upgrade
    • Stratus and Cirrus: bank transfer to Banco de Bogotá Miami or Banco de Bogotá
  • Payment currency: COP for nationals, USD, EUR, or GBP according to customer billing instructions.

9.2. Conditions for plan changes:

  • Upgrade: The customer can easily access the services offered by edunext in the different subscriptions available.
  • Downgrade: When the customer has subscribed to any of the Nimbus category services, there is no possibility of reverting to Lite. If the customer requests cancellation, the information stored in the cloud will be lost upon suspending the services.

9.3. Additional fees: Only applicable during Over Quota policies and conditions.

9.4. Early payment discount: Not applicable.

9.5. Refund policy:

You can review our Refund Policy for Nimbus plans here.

9.6. Price adjustments: Subject to review by top management. Terms and conditions apply.

9.7. In case of payment default, the customer expressly authorizes the generation of a debt report, which will be recorded in the relevant credit bureaus or before any competent entity. Likewise, in case of non-payment, the corresponding late fees will be applied.

10. Consequences of Non-Payment:

10.1. Non-payment may result in the temporary suspension of the account until the payment delay is resolved.

10.2. Edunext reserves the right to impose partial or total access blocks to the platform or data stored in the LMS, Studio, and the Control Center.

10.3. Edunext reserves the right to apply additional fees for late payments.

 

10.4. Blocking Policy

 

Insufficient Funds

Options are offered, such as placing the account in an “On Hold” status for one month, allowing access to consultations while catching up with the debt. This option only applies with the commitment that the customer keeps their account with us and brings their accounts payable up to date.

 

Late Payment Alert

The Late Payment Alert is activated when a customer has not responded or made the corresponding payment for their subscription in advance payment mode.

 

  • If automatic billing cannot be completed due to insufficient funds, outdated payment information, or other issues, edunext will notify the customer immediately.
  • An email notification will be sent to the address provided by the customer in their account, detailing the reason for the failed automatic billing.
  • Edunext will grant a grace period of 30 calendar days for the customer to update payment information or resolve any issues related to billing.

 

Payment Alternative Rejection

If the customer rejects all options, the total account suspension will proceed, deactivation in the Control Center, and the opening of a ticket in Zoho for the total cancellation action by the Customer Experience leader.

11. Account Reactivation:

11.1. Once the customer has resolved the non-payment issue and updated the necessary information, edunext will proceed to reactivate the account.

11.2. Account reactivation may take up to 48 hours on business days, during which the customer may experience service interruptions.

12. Plan Upgrade Policy:

12.1. Customers have the option to upgrade their plan at any time to a higher capacity plan, either by switching from a free plan to a paid plan or upgrading to a plan with greater capacity within the paid options.

12.2. The customer can request a plan upgrade through the edunext platform or do it themselves from the Control Center.

12.3. The additional cost associated with the upgrade will be calculated according to the prevailing rates at the time of the upgrade request.

13. Upgrade Process:

13.1. Once the customer requests or performs the plan upgrade, edunext will review the request and notify the customer of any changes to the payment terms.

13.2. The plan upgrade will take effect in the next billing cycle. It is recommended to make the change considering the billing cycle.

13.3. Customers can cancel or change their upgrade request before it takes effect.

13.4. After acquiring a paid plan, the customer cannot revert to using a FREE account with the same license. They can register for a new free account and cancel the paid account.

14. Prorated Payments:

14.1. In the case of an upgrade during the execution of the services of the last payment cycle, additional charges or credits will be prorated based on the remaining duration of the current billing cycle and will be reflected in the next invoice.

15. Service Pauses for the Contracted Service:

15.1. The customer can schedule a pause in their service for up to 3 consecutive months, provided that they provide notification at least 8 business days in advance, confirming the service pause date and the reactivation date. This will ensure that no respective charges are applied during the pause period. Please note that this option limits user access to the platform.

 

15.2. All customers have the right to temporarily suspend their plan (Nimbus, Stratus, and Cirrus), and the suspension only applies to services with a single annual payment; services with payments for periods less than 12 months or annual payments made in installments are not eligible for temporary suspension.

 

15.3. Customers can request the temporary suspension of their plan for a minimum period of 30 days and a maximum period of 90 days in a continuous period.

 

15.4. During the suspension, the customer’s data and courses will be preserved according to the time they have been continuously active before the suspension.

 

If the customer has been continuously active for:

 

  • Less than 6 months: Data and courses will be preserved for the same suspension period.
  • Between 6 months and 1 year: Data and courses will be preserved for a period equal to double the suspension time.
  • More than 1 year: Data and courses will be preserved for a period equal to triple the suspension time.

 

15.5. In the case of monthly payment accounts, the actions described in section 9. Payment Commitment will apply. Once the established payment period has elapsed, the account will be subject to suspension. It is important to note that after the grace period for payment, the data associated with the account will be archived, and the permanent suspension process will begin.

 

Suspension implies that the contents of the account will be preserved for an additional period of 90 days. After this period, the account will be permanently deleted, and the user will need to create a new account to continue using our services.

 

15.6. Suspension Limit: Customers can request to suspend their plan up to a maximum of two times per year.

16. Changes to the Terms and Conditions:

16.1. Plan upgrades may be subject to changes in the terms and conditions, and the customer will be notified of any modifications before the upgrade takes effect. He must expressly accept the modifications through the same conformation mechanism. If he does not accept the new Terms, he will not be able to utilize the Sites associated to edunext services.

17. Updates and Modifications:

17.1. Edunext reserves the right to make updates and modifications to the platform, notifying users, as necessary.

18. Limitation of Liability:

18.1. Edunext is not responsible for direct or indirect losses or damages arising from the use of the platform.

19. Dispute Resolution:

19.1. Disputes will be resolved through good faith negotiations before resorting to legal proceedings.

20. Account Termination:

20.1. Edunext reserves the right to terminate accounts in case of non-compliance with these terms.

20.2. If you no longer wish to continue with your account, you can terminate your participation at any time by making the respective request through the enabled support channels. The rights granted to you under these Terms and Conditions will terminate upon the termination of the contract or the account deletion request.

21. Applicable Law:

21.1. In the absence of the formal subscription of a contract named “Stratus” or “Cirrus,” these terms and conditions shall apply.

21.2. These Terms and Conditions are governed by the laws of Colombia.

22. Definition of QUOTAS vs consumption

For all cases, the term Monthly Active Users (MAU) will be understood as the number of users who, during a calendar month, performed actions on at least one piece of content in any of the courses.

 

The term ‘Overquota’ applies when a client exceeds the limit of allowed users by a percentage defined by edunext for a specified period, which is determined by the contracted plan type and the established billing period.

 

Below is a reference table where you can find your billing plan, specifying:

 

  • Period: corresponds to the billing time
  • Quota: represents the quantity of MAU allowed within the billing and usage period.

23. Monthly Active Users (MAU) and User Limit:

Monthly Active Users (MAU) refers to the number of users who access and actively participate in the content of any of the courses in your account during a specific month. The user limit varies based on the type of account:

 

  • Free Account: The MAU limit is 49 users.
  • Account with Monthly Payment: The MAU limit is specified in the contract.
  • Account with Annual Payment: The MAU limit is specified in the contract.

24. Exceeding the User Limit:

If the client exceeds the MAU limit defined for their account, edunext may take measures to address the overuse of the account, including restricting access to the service. The actions taken will vary based on the account type, the exceeded limit, and the MAU level.

 

We want you to be aware of what happens when you exceed the number of contracted users. If your NIMBUS account exceeds the contracted user limit by 15%, edunext will take steps to address the overuse of the account. Please note that once this 15% threshold is reached, the corresponding charges will apply to all users exceeding the contracted limit.

*If your contracted MAU range is not included in the above table, please contact the support team for any questions regarding your account’s overquota.

 

Once the limit is exceeded, if your account is:

For any of the cases, the client will always have access to the advisory service from our Customer Experience and Business Support teams on how to optimize platform usage and/or perform the corresponding upgrade.

 

If a NIMBUS account exceeds its MAU limit, edunext reserves the right to:

 

  • Send notifications to the client informing them of the overuse and offering options to pay for additional users or adjust the plan.
  • If the client does not take action to resolve the overuse, edunext reserves the right to temporarily suspend the account until the issue is resolved.

25. Plan Upgrades

Customers have the option to upgrade their plan at any time to accommodate a higher number of Monthly Active Users. At which time, edunext will provide details about the available plans and corresponding fees.

26. Acceptance of the Policy

By creating an account on the Open edX platform through edunext and accepting its Terms and Conditions, the client explicitly agrees to this OVERQUOTA policy. It is the client’s responsibility to read and understand this policy before accepting the Terms and Conditions and using the platform.

 

The purpose of this policy is to establish clear and fair rules for the use of the platform, ensuring that clients adhere to the agreed terms and conditions and preventing service interruptions due to overuse. The contract and usage rules are accepted by the client at the moment they provide their explicit authorization to create or request the creation of their account. The policy remains essential for establishing clear and fair rules for the use of the platform.

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