Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are an agreement between you and Nuvola Networks, Inc. ("Nuvola", "we", "us"). They cover the Nuvola training platform and every academy site on it, our marketing sites (nuvola-networks.com and nuvolaacademy.com), the Nuvola iPhone app, and related services (together, the "Services"). Training providers that run their sites on Nuvola are called "academies".

By creating an account, signing in, buying anything, or otherwise using the Services, you agree to these Terms. If you don't agree, don't use the Services. If you use the Services for an agency or other organization, you confirm that you are allowed to accept these Terms for it.

If your agency or organization has a separate signed agreement with Nuvola, that agreement controls where it conflicts with these Terms.

2. Changes to these terms

We may change these Terms. The changed Terms take effect when we post them here, and the date at the top shows the latest version. For material changes, we will also tell you by email or with a notice in the Services. If you keep using the Services after a change takes effect, you accept the changed Terms.

3. Privacy

Our Privacy Policy explains how we handle your information, including reporting your completed training to licensing bodies and sharing your training records with the agency that manages your training. It is part of these Terms.

4. Your account

• You must be at least 18 and able to enter into a binding agreement.
• Give accurate, current, and complete information, including your name and any license number such as your TCOLE PID, and keep it up to date. If information is false or we reasonably suspect it is, we may suspend or close the account.
• One person per account. Your account and your training records belong to you alone. Don't share your sign-in, take a course for someone else, or let anyone take a course for you. Shared accounts put the wrong person's training on a license record, so we may suspend or close them and void the affected completions.
• Keep your password secure. You are responsible for activity under your account until you tell us it has been misused and change your password.
• Provide reasonable proof of identity if we ask for it, for example to resolve a records or billing question.

5. Memberships and subscriptions

• Some academies offer memberships that include access to a catalog of courses. Plans are billed monthly or annually, in advance, through our payment processor, Stripe.
• Automatic renewal: a membership renews at the end of each billing period and your payment method is charged, until you cancel.
• Cancelling: cancel any time with Manage subscription in your account, which opens the Stripe billing portal. Cancel before your next billing date to avoid the next charge. You keep access until the end of the period you already paid for. We don't give partial refunds for unused time.
• Failed payments: if a renewal payment fails, Stripe retries it and emails you so you can update your card. If the payment still fails after the retries, the membership ends.
• What a membership includes can change as courses are added, updated, or retired.
• Your agency may have different subscription terms agreed with Nuvola. Contact support to confirm your terms.

6. Agency and organization seats

• Agencies and organizations can buy seats or course credits for their people by card or by invoice. Seats are activated once payment is received, unless we agree otherwise in writing.
• The agency's administrators assign and remove seats, enroll their people in courses, and can see the training records for the training they manage.
• Quotes and invoices state their own price, quantity, term, and payment terms. If an invoice goes unpaid, we may suspend the seats it covers.
• When an agency removes your seat or its subscription ends, your access through that agency ends. Training you already completed stays on your record.

7. Payments, pricing and refunds

• Prices are shown when you buy. All payments are processed by Stripe or another payment processor we choose. You authorize us, through the processor, to charge your payment method for what you buy and for each renewal.
• You confirm that you are allowed to use the payment method you provide.
• We may change prices. A price change for an existing membership takes effect at a later renewal, and we will tell you before it does. We may offer promotions to some customers. A promotion doesn't change your existing price unless it is offered to you.
• Refunds: payments are non-refundable, except where the law requires a refund or we decide to give one (for example, for a billing error). Ask for a refund by contacting support.
• You are responsible for any taxes on your purchases, and on any payments you receive through the Services. You are also responsible for reasonable costs of collecting amounts you owe and don't pay, including collection fees and attorneys' fees.

8. Courses, completion and credit

• To complete a course, you must meet all of its requirements, such as every module, the time required, and a passing score on its exams.
• Licensing bodies such as TCOLE decide which courses count toward a license or requirement, and how much credit they earn. A course listing describes the credit a course is intended to earn, but we can't guarantee that a licensing body will accept it.
• When a course is set up for it, we report your completion to the licensing body for you. You are responsible for keeping your license number correct and for checking that your training appears on your official record.
• Certificates and transcripts reflect the records in the Services. We may correct or void a record that is wrong, or one that was earned in violation of these Terms, such as by account sharing or cheating.
• Some courses, or parts of courses, must be completed in person. An online course doesn't replace a requirement that the law or your licensing body says must be met in a classroom.

9. Acceptable use

You agree to use the Services only for lawful purposes. You agree not to:

• share an account, take a course or exam for someone else, or use answer keys, scripts, or other tools to get credit without doing the work;
• copy, record, download, scrape, resell, or redistribute courses, exams, or other content, except as these Terms allow;
• infringe anyone's intellectual property, publicity, or privacy rights;
• send or store unlawful, fraudulent, or harmful material, or use the Services to harass or annoy anyone;
• try to get into accounts, systems, or data you aren't allowed to access, or interfere with or harm the Services or their networks;
• remove copyright or other proprietary notices.

10. Our content and your license

The Services and their content, including courses, exams, videos, narration, text, graphics, and software, belong to Nuvola, the academies, or their licensors, and are protected by copyright and other laws. As long as you follow these Terms, we give you a limited, personal, non-exclusive, non-transferable license to access and use the content you have access to, for your own training and not for commercial use. You can't sublicense it. Except for this license, these Terms give you no rights in our content or in our intellectual property, either directly or by implication.

11. Instructor and academy content

Instructors and academies can submit lesson plans, course materials, recordings, and other content ("Course Materials"). The Instructor Portal shows the instructor program's terms, including how instructors are paid, and you accept them when you join. Those program terms apply to your participation in the program, together with these Terms.

• You keep ownership of your Course Materials.
• You give Nuvola a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, which we may sublicense, to host, store, copy, reformat, translate, adapt (including to build an online course from your materials), display, distribute, market, and sell your Course Materials through the Services, in any media now known or later developed.
• You confirm that you created your Course Materials or have the rights needed to share them, that they are accurate, and that they don't infringe anyone's rights or break the law.
• We may review, edit, decline, or remove any Course Materials.

12. AI features

Ask Nuvola and other AI features generate answers automatically. They can be incomplete, out of date, or wrong.

• AI answers are training help. They are not legal advice and don't replace your agency's policy, your supervisor, your legal counsel, or official rules. Before relying on any answer about the law, licensing, or credit, check it against the official statute, rule, or licensing body.
• Something an AI feature or a support reply tells you doesn't change these Terms, your price, or your records, and doesn't promise a refund.
• AI-built course content is reviewed by people before it is published.

13. Feedback

If you send us suggestions or ideas, whether or not we asked for them, you agree that they aren't confidential. You also give us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable license, which we may sublicense, to use them for any purpose without paying you.

14. Third-party services and links

The Services link to and work with services we don't control, such as Stripe, licensing body systems, and other websites. Your dealings with those third parties are between you and them, and their own terms may apply. We aren't responsible for their content, products, or services.

15. Copyright complaints

We respect intellectual property rights. If you believe content on the Services infringes your copyright, follow the steps in our DMCA Copyright Policy.

16. Suspension and termination

We may suspend, restrict, or close your account or access to the Services, without notice, if you violate these Terms, if we must for legal or security reasons, or as otherwise allowed by these Terms. We aren't liable to you or anyone else for ending access because of a violation of these Terms. You may stop using the Services and ask us to close your account at any time. Sections that by their nature should survive termination will survive, including those on licenses you gave us, payment, disclaimers, limitation of liability, indemnification, and disputes.

17. Disclaimers

The Services, courses, and all content are provided "as is" and "as available". To the fullest extent the law allows, Nuvola disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't promise that the Services will be secure, timely, uninterrupted, or error-free; that they will work with any other hardware, software, or system; that they will meet your requirements; that stored data will be accurate or reliable; that errors will be corrected; or that the Services are free of viruses or other harmful components.

The Services rely on the internet and electronic communications, which can be delayed or fail. We aren't responsible for delays, delivery failures, or other damage caused by those problems.

18. Limitation of liability

To the fullest extent the law allows, Nuvola and its licensors will not be liable to anyone for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, profits, use, or other economic advantage, arising out of or in any way connected with the Services, including the use of or inability to use the Services, reliance on any content or AI answer, or any relationship or transaction with a third party, even if we have been told such damages were possible.

19. Indemnification

You agree to defend, indemnify, and hold harmless Nuvola, its licensors, and their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from all claims, costs, damages, losses, liabilities, and expenses, including attorneys' fees, arising from (a) your violation of these Terms or any law, (b) your violation of anyone else's rights, or (c) your use or misuse of the Services.

20. Governing law and disputes

These Terms, and any dispute about them or the Services, are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Except as described below or otherwise agreed, any claim or dispute you have against Nuvola must be resolved only in a state or federal court in Travis County, Texas, and you agree to the personal jurisdiction of those courts.

Arbitration option for smaller claims. For a claim where the total award sought is less than $10,000 (not including claims for injunctive or other equitable relief), either party may choose to resolve it through binding arbitration that doesn't require anyone to appear in person, using an established alternative dispute resolution provider both parties agree on. The arbitration will be conducted by phone, online, or on written submissions only, as chosen by the party who starts it. No party or witness has to appear in person unless both parties agree. A judgment on the award may be entered in any court with jurisdiction.

A violation of these Terms may cause Nuvola irreparable harm for which money damages are not enough. In that case, Nuvola may seek injunctive or other equitable relief, in addition to its other remedies.

21. Notices and electronic communications

You agree to receive notices, agreements, disclosures, and other communications from us electronically, by email to the address on your account or by a notice in the Services. These satisfy any legal requirement that a communication be in writing. A notice we email is treated as given 12 hours after we send it. A notice we mail is treated as given 48 hours after mailing. You can send notices to us at the address in Contact us. Your notices count as given when we actually receive them.

22. General terms

• Entire agreement: these Terms, the Privacy Policy, and any terms they refer to are the entire agreement between you and Nuvola about the Services. They replace all earlier understandings, except for a separate signed agreement as described in section 1.
• Severability: if a court finds part of these Terms unenforceable, that part is limited only as much as needed, and the rest stays in effect.
• No waiver: if we don't enforce a provision right away, we haven't waived it. A waiver of one provision isn't a waiver of any future obligation.
• Changes must be in writing: no statement, consent, or waiver by Nuvola, including from support staff or an AI feature, changes these Terms unless it is in a signed writing from you and an authorized officer of Nuvola. This doesn't limit our right to update these Terms as described in section 2.
• Assignment: we may assign these Terms, in whole or in part, at any time. You may not assign them without our written consent, and any attempt to do so is void.
• Events beyond our control: we aren't liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, war, terrorism, riots, government action, fire, floods, accidents, network or infrastructure failures, strikes, or shortages.

23. Contact us