Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and J&S Software Services Ltd ("Company", "we", "us", "our") governing your access to and use of the Viizard Virtual Learning System Suite ("Viizard VLSS", "the Platform", "our Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must not use our Services.

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and the organisation.

2. Definitions

In these Terms, the following definitions apply:

• "Platform" means the Viizard VLSS website, applications, and all related services
• "Services" means all features, tools, and functionality provided through the Platform
• "Educator" means a user who creates and delivers courses on the Platform
• "Learner" means a user who enrols in and completes courses on the Platform
• "Organisation" means a business, institution, or other entity that uses the Platform for training purposes
• "Course" means any educational content, training materials, or learning experiences created and delivered through the Platform
• "Content" means all text, images, videos, audio, documents, assessments, and other materials uploaded to or created on the Platform
• "Concurrent Learner Slots" means the number of learners who can be actively enrolled in courses at any given time under an Educator's subscription
• "CDF" means Course Design Framework, the Platform's course creation tools
• "CDP" means Course Delivery Panel, the Platform's course management and automation system
• "PDP" means Personal Development Portfolio, a learner's public profile displaying their credentials and achievements
• "Certificate" means a digital credential issued upon course completion

3. Eligibility

To use our Services, you must:

• Be at least 16 years of age (or the age of majority in your jurisdiction, whichever is higher)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using our Services under applicable laws
• Provide accurate and complete registration information

If you are under 16, you may only use our Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

Educators must additionally:

• Be at least 18 years of age
• Have the right to create and distribute the content they upload
• Comply with all applicable laws regarding the sale of educational services

4. Account Registration

4.1 Account Creation

To access most features of our Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

4.2 Account Approval

Educator accounts are subject to approval within 24 hours. We reserve the right to refuse or revoke access at our discretion if we believe you have violated these Terms or if your use poses a risk to our Platform or other users.

4.3 Account Types

Educator Accounts: Enable course creation, learner management, payment collection, and analytics access.

Learner Accounts: Enable course enrolment, progress tracking, certificate collection, and portfolio management.

Organisation Administrator Accounts: Enable user management, training assignment, compliance tracking, and reporting for organisational accounts.

4.4 One Account Per Person

You may maintain only one account of each type. We may terminate duplicate accounts without notice.

5. Description of Services

Viizard VLSS is a virtual learning platform that enables educators to create, deliver, and monetise online courses, and enables learners to develop skills and earn verifiable credentials.

5.1 Core Features

• Course Design Framework (CDF): Tools for creating courses with multiple content types, assessments, and automated workflows
• Course Delivery Panel (CDP): Automated course delivery with time-date relational scheduling, drip content, and learner progress tracking
• Live Teaching: Integrated WebRTC video conferencing for live sessions, webinars, and one-to-one coaching
• Assessment Tools: Quizzes, assignments, practical assessments, and TACIT feedback system
• Payment Processing: Integrated Stripe and PayPal for course sales (Educators retain 100% of revenue)
• Personal Development Portfolio (PDP): Public portfolio pages for learners displaying verified credentials
• Certificate Issuance: Automated certificates with QR code verification
• Analytics: Comprehensive reporting on course performance and learner engagement

5.2 Service Availability

We aim to provide reliable service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features with reasonable notice where possible. Scheduled maintenance will be communicated in advance.

6. Educator-Specific Terms

6.1 Course Creation Responsibilities

As an Educator, you are solely responsible for:

• The accuracy, quality, and legality of your course content
• Ensuring you have all necessary rights to use and distribute your content
• Providing accurate course descriptions and setting appropriate expectations
• Responding to learner enquiries in a timely manner
• Issuing certificates only for genuine course completions
• Complying with all applicable consumer protection and advertising laws

6.2 Revenue and Payments

Viizard operates on a subscription model where Educators pay for concurrent learner slots, not per-learner fees. You retain 100% of the revenue from course sales.

• Payments from learners are processed through Stripe or PayPal
• Funds are deposited directly to your connected payment account
• You are responsible for all applicable taxes on your earnings
• You must establish and communicate your own refund policy to learners

6.3 Refund Policies

You must establish a clear refund policy for your courses and honour it. If you fail to provide refunds in accordance with your stated policy or applicable consumer protection laws, we may intervene and process refunds on your behalf.

6.4 Learner Data

You will have access to learner data including names, email addresses, progress, and assessment results. You agree to:

• Use this data only for educational purposes related to your courses
• Protect learner data in accordance with applicable data protection laws
• Not sell, share, or misuse learner data
• Delete learner data upon request where legally required

6.5 Relationship with Viizard

You are an independent contractor, not an employee, agent, or partner of Viizard. You are responsible for your own taxes, insurance, and compliance with applicable laws.

7. Learner-Specific Terms

7.1 Course Enrolment

When you enrol in a course:

• You are entering into a direct agreement with the Educator
• You agree to the Educator's specific terms, pricing, and refund policy
• Access periods and completion requirements are set by the Educator
• Your progress and assessment results will be visible to the Educator

7.2 Payment for Courses

Payment for courses is made directly to Educators through our integrated payment processors (Stripe/PayPal). Viizard does not take a commission on course sales. Refund requests should be directed to the Educator in accordance with their refund policy.

7.3 Personal Development Portfolio (PDP)

Your PDP is a public profile page (viizard.com/p/username) that displays your completed courses, certificates, and achievements. By default:

• Your name, profile photo, and completed credentials are publicly visible
• Employers and others can verify your certificates using QR codes
• You can control some privacy settings in your account

Your PDP remains accessible for credential verification even after account deletion, unless you request complete deletion (which will invalidate your certificates).

7.4 Academic Integrity

You agree to complete all coursework and assessments honestly. Cheating, plagiarism, or misrepresenting your work will result in certificate revocation and potential account termination.

7.5 Course Content Use

Course content is licensed to you for personal, non-commercial use only. You may not copy, distribute, modify, or share course content without the Educator's explicit permission.

8. Organisation-Specific Terms

8.1 Organisation Accounts

Organisations using Viizard for employee training or member education agree to additional terms:

• Designated administrators may manage user accounts and assign training
• You are responsible for your users' compliance with these Terms
• You must have appropriate authority to enrol individuals on their behalf

8.2 Custom Branding

If you use custom branding features, you must ensure your branding complies with all applicable trademark and intellectual property laws. You grant us a limited license to display your branding within the Platform.

8.3 Data Processing

Where your use of the Platform involves processing personal data of your employees or members, you act as the data controller and we act as a data processor. We will enter into a Data Processing Agreement upon request.

8.4 Compliance and Reporting

The Platform provides compliance tracking and reporting features. You are responsible for determining what training is required for your organisation and ensuring completion. We provide the tools but do not guarantee regulatory compliance.

9. Payment Terms

9.1 Subscription Pricing

Educator subscriptions are based on concurrent learner slots—the number of learners who can be actively enrolled at any time. This allows you to teach unlimited learners per year while paying a fixed monthly or annual fee.

• Pricing tiers and features are displayed on our Pricing page
• All features are available at all tiers; only capacity differs
• Prices are in GBP and exclude VAT where applicable

9.2 Free Trial

New Educators may be eligible for a 14-day free trial with limited learner slots. No payment information is required to start. At the end of the trial, you must subscribe to continue using the Platform.

9.3 Billing

• Subscriptions are billed monthly or annually in advance
• Payment is due on the same date each billing period
• We use Stripe for subscription billing
• Failed payments may result in service suspension

9.4 Upgrades and Downgrades

You may upgrade your plan at any time. Upgrades are processed within 24 hours and billed pro-rata. Downgrades take effect at the end of your current billing period.

9.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial periods, except where required by law.

Annual subscriptions may be eligible for a pro-rata refund within the first 30 days if you have not actively used the Platform.

9.6 Price Changes

We may change our prices with at least 30 days' notice. Price changes will apply to your next billing period. Founding cohort members may have price-lock guarantees as specified in their agreement.

10. Intellectual Property

10.1 Our Intellectual Property

The Platform, including its design, features, functionality, code, trademarks, and documentation, is owned by J&S Software Services Ltd and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer or attempt to extract source code
• Use our trademarks without written permission
• Remove any proprietary notices

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms.

10.2 Your Intellectual Property

Educators: You retain full ownership of the course content you create and upload. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and distribute your content as necessary to provide our Services.

Learners: You retain ownership of any original work you submit (assignments, projects, etc.). By submitting work, you grant the Educator and us a license to view, assess, and store it as necessary for the course and credential verification.

10.3 Copyright Complaints

We respect intellectual property rights. If you believe content on our Platform infringes your copyright, please contact us at [INSERT EMAIL] with details of the alleged infringement. We will investigate and take appropriate action in accordance with applicable law.

11. User Content

11.1 Content Standards

All content you upload, create, or share on the Platform must comply with these standards. Content must not:

• Infringe any third-party intellectual property rights
• Contain false, misleading, or deceptive information
• Be defamatory, obscene, offensive, or hateful
• Promote illegal activities or violence
• Contain malware, viruses, or harmful code
• Violate any applicable laws or regulations
• Harass, bully, or discriminate against any person or group

11.2 Content Review

We do not pre-screen content but reserve the right to review, edit, or remove any content that violates these Terms. We are not responsible for user-generated content and do not endorse any opinions expressed by users.

11.3 Content Removal

If we remove your content, we will notify you with reasons unless prohibited by law. You may appeal content removal decisions by contacting us.

12. Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Impersonate any person or entity
• Use the Platform for any fraudulent or deceptive purpose
• Interfere with or disrupt the Platform or servers
• Attempt to gain unauthorised access to any systems or accounts
• Use automated systems (bots, scrapers) without permission
• Harvest or collect user information without consent
• Send spam or unsolicited communications
• Circumvent any security or access controls
• Resell or redistribute access to the Platform
• Issue fraudulent certificates or credentials
• Cheat on assessments or submit work that is not your own
• Use the Platform to compete with us
• Engage in any activity that could harm our reputation

13. Certificates and Credentials

13.1 Certificate Issuance

Certificates are issued by Educators upon course completion according to their criteria. Viizard provides the technology for certificate generation and verification but does not accredit courses or guarantee any outcome.

13.2 Verification System

Each certificate includes a unique QR code and verification URL. Third parties (employers, institutions) can verify:

• The learner's name
• The course completed
• The completion date
• The issuing Educator

13.3 No Guarantee of Recognition

Certificates issued through Viizard are not academic degrees or accredited qualifications unless specifically stated by the Educator. Recognition by employers, institutions, or professional bodies is not guaranteed.

13.4 Certificate Revocation

Certificates may be revoked if:

• They were obtained through fraud or academic dishonesty
• The learner violated these Terms
• The Educator requests revocation for valid reasons

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Educators who access learner data must comply with all applicable data protection laws, including UK GDPR. Organisations requiring a Data Processing Agreement should contact us.

15. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Platform will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or quality of any content
• Warranties regarding the results or outcomes of using the Platform

We do not endorse, guarantee, or assume responsibility for any courses, content, or conduct of Educators or other users. Your dealings with Educators are solely between you and them.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the exclusions above may not apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• Our total liability for any claims arising from these Terms or your use of the Platform shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) £100

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless J&S Software Services Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your content or courses
• Any dispute between you and a learner or Educator

We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence.

18. Termination

18.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription (if applicable) through account settings
• Contacting us to request account deletion

Before termination, Educators should:

• Export any content or data you wish to keep
• Inform active learners and complete any outstanding obligations
• Understand that issued certificates will remain verifiable

18.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• We are required to do so by law
• Your conduct poses a risk to other users or our Platform
• You fail to pay subscription fees after notice
• Your account shows no activity for an extended period

Where possible, we will provide notice and an opportunity to remedy the breach before termination.

18.3 Effect of Termination

Upon termination:

• Your right to access the Platform immediately ceases
• We may delete your account and content after a reasonable period
• Provisions that by their nature should survive (intellectual property, liability, indemnification, governing law) will continue in effect
• Certificates already issued will remain verifiable
• You remain liable for any fees incurred before termination

19. Dispute Resolution

19.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us and attempt to resolve any dispute informally. Most concerns can be resolved through our support channels.

19.2 Mediation

If we cannot resolve a dispute informally within 30 days, either party may propose mediation through a mutually agreed mediator. Mediation costs will be shared equally.

19.3 Legal Proceedings

If mediation fails, either party may pursue legal remedies in accordance with the Governing Law section below.

19.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief for intellectual property infringement or to prevent imminent harm.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of Scotland, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the Scottish courts, unless you are a consumer with a right under applicable law to bring proceedings in your local courts.

Consumer Rights: If you are a consumer, nothing in these Terms affects your statutory rights under applicable consumer protection laws, including the Consumer Rights Act 2015.

21. Changes to Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• For material changes, we will notify you by email or prominent notice on the Platform at least 30 days before they take effect
• Your continued use after changes take effect constitutes acceptance
• If you do not agree to changes, you must stop using the Platform and may terminate your account

We encourage you to review these Terms periodically.

22. Contact Information

For questions about these Terms, please contact us:

J&S Software Services Ltd
[INSERT ADDRESS]
Scotland, United Kingdom

Email: [INSERT EMAIL, e.g., legal@viizard.com]
General Enquiries: Contact Form

We aim to respond to all enquiries within 5 working days.

General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Platform.

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.

No Third-Party Rights: These Terms do not create any rights for third parties except as expressly stated.