TERMS OF SERVICE

Last updated March 6, 2026

AGREEMENT TO TERMS
THE PLATFORM
ACCOUNT TYPES AND ROLES
USER REPRESENTATIONS
SUBSCRIPTIONS AND PAYMENTS
INTELLECTUAL PROPERTY RIGHTS
EDUCATIONAL CONTENT AND CONTRIBUTIONS
INSTITUTIONAL TERMS
AI-POWERED FEATURES
PROHIBITED ACTIVITIES
LTI AND API INTEGRATIONS
DIGITAL MILLENNIUM COPYRIGHT ACT
PLATFORM MANAGEMENT
ACCESSIBILITY
TERM AND TERMINATION
DATA PORTABILITY
SERVICE AVAILABILITY
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
GOVERNING LAW AND DISPUTE RESOLUTION
FORCE MAJEURE
ELECTRONIC COMMUNICATIONS
MISCELLANEOUS
CONTACT US

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an educational institution or other entity ("you"), and Immersh, LLC ("Immersh," "we," "us," or "our"), concerning your access to and use of the Immersh platform, including our website at https://immersh.com, our education application, APIs, LTI integrations, and all related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an institution or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE PLATFORM.

We reserve the right to update these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, for institutional customers, by providing at least 30 days' prior notice via email. Your continued use of the Platform after such changes constitutes acceptance of the updated Terms.

2. THE PLATFORM

Immersh is a drill-based skill platform for teaching skills through interactive video lessons and adaptive assessments. The Platform provides:

Interactive video lessons with timed actions (overlays, highlights, notation, code snippets)
Auto-graded assessments for music (theory, ear training, rhythm, notation) and code (JavaScript/TypeScript)
AI-powered lesson content generation and student learning assistance
Learning management system integration via LTI 1.3 Advantage
Single Sign-On (SAML 2.0, OIDC) and automated user provisioning (SCIM 2.0)
Instructor tools for course and assignment management
Student progress tracking, drill practice with spaced repetition, and grade passback

The Platform is designed for use by educational institutions, instructors, and students.

3. ACCOUNT TYPES AND ROLES

The Platform supports the following account types with different levels of access:

Administrator: Organization-level management including users, courses, settings, SSO, and SCIM configuration
Instructor: Creates and manages lessons, courses, assignments, and grades within their organization
Student: Completes lessons, assignments, and drills within their organization

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at help@immersh.com if you suspect unauthorized access to your account.

If your account is provisioned by an educational institution (via LTI, SSO, or SCIM), your institution's administrator may have additional controls over your account, including the ability to manage your access and view your educational records as permitted by FERPA.

4. USER REPRESENTATIONS

By using the Platform, you represent and warrant that:

You have the legal capacity to agree to these Terms.
If you are under 18, your access is provided through an educational institution that has agreed to these Terms on your behalf.
You will not access the Platform through automated means (bots, scripts, or scrapers) except through our documented APIs and LTI integration.
You will not use the Platform for any illegal or unauthorized purpose.
Your use of the Platform will comply with all applicable laws and regulations.
All information you provide is accurate and complete.

If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account.

5. SUBSCRIPTIONS AND PAYMENTS

Subscription plans

Access to certain features of the Platform requires a paid subscription. Subscription details, including pricing, features, and billing frequency, are described on our pricing page and in your order form.

Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as specified in your subscription). Payment is processed through our third-party billing and payment providers. By subscribing, you authorize us to charge your payment method on each billing cycle.

Price changes

We may change subscription pricing with at least 30 days' prior notice. Price changes take effect at the start of the next billing cycle following the notice period. If you do not agree with a price change, you may cancel your subscription before the change takes effect.

Refunds

Subscription fees are generally non-refundable. If you believe you are entitled to a refund due to a service deficiency, please contact us at help@immersh.com within 30 days of the charge. We will review requests on a case-by-case basis.

Cancellation

You may cancel your subscription at any time through the Platform or by contacting help@immersh.com. Upon cancellation, your access to paid features continues until the end of the current billing period, after which your account reverts to a free tier (if available) or becomes inactive.

Institutional billing

For institutions with custom agreements, billing terms are governed by the applicable order form or master services agreement, which supersede this section.

6. INTELLECTUAL PROPERTY RIGHTS

Immersh intellectual property

The Platform, including its source code, software, designs, graphics, and documentation, is owned by Immersh and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms.

Your intellectual property

You retain all ownership rights in the content you create on the Platform, including lessons, courses, assessments, and other educational materials. We do not claim ownership of your content.

7. EDUCATIONAL CONTENT AND CONTRIBUTIONS

License grant to Immersh

By uploading or creating content on the Platform ("Contributions"), you grant Immersh a non-exclusive, royalty-free license to host, display, reproduce, and distribute your Contributions solely as necessary to operate and provide the Platform. This license continues only for as long as your Contributions remain on the Platform, plus a commercially reasonable period to remove cached copies.

License to other users

You grant other users of the Platform a non-exclusive, royalty-free license to access and use your Contributions through the Platform as enabled by Platform features (for example, students accessing instructor-created lessons). This license does not permit use of your Contributions outside the Platform.

Institutional content ownership

When content is created within an institutional account, the intellectual property rights are governed by the agreement between the institution and its users (such as employment agreements or institutional policies). Immersh does not claim ownership of institutional content.

Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us a non-exclusive, royalty-free license to use that feedback to improve the Platform without compensation or attribution.

Content removal

You may remove your Contributions at any time. Instructors must transfer ownership of active course sections before removing content that is in use. We may remove Contributions that violate these Terms, with notice to you unless legal or safety reasons prevent it.

8. INSTITUTIONAL TERMS

This section applies when Immersh is used by or through an educational institution.

FERPA compliance

When Immersh provides services to an educational institution, we act as a "school official" under FERPA with a legitimate educational interest in the student data necessary to provide our services. We will:

Use student educational records only for the purposes authorized by the institution
Not disclose student educational records to third parties except as permitted by FERPA and our agreements
Comply with the data handling requirements described in our Privacy Policy
Notify the institution within 72 hours of confirming a breach involving student educational records

Data Processing Agreements

Institutional customers may request a Data Processing Agreement (DPA) that specifies data handling obligations, subprocessor lists, and security measures. DPAs are available upon request at privacy@immersh.com.

Institutional administrator responsibilities

Institutional administrators are responsible for:

Configuring SSO and SCIM settings correctly
Managing user access and roles within their organization
Ensuring appropriate use policies are communicated to their users
Complying with applicable laws regarding student data shared with Immersh via LTI, SSO, or SCIM

9. AI-POWERED FEATURES

The Platform includes AI-powered features provided by OpenAI:

Lesson action generation: AI can analyze video transcripts and generate lesson overlays, highlights, notation, and code snippets
AI learning assistance: Students may interact with AI for learning support

Important disclosures

AI-generated content is provided as a starting point and may contain errors. Instructors should review AI-generated lesson content before publishing.
AI responses to student questions are for educational assistance only and should not be considered authoritative academic advice.
Content submitted to AI features is processed by OpenAI under our Data Processing Agreement. Per that agreement, submitted data is not used for model training.
We do not send student names, email addresses, or other direct personally identifiable information to OpenAI.

IMMERSH MAKES NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT. YOU USE AI FEATURES AT YOUR OWN RISK.

10. PROHIBITED ACTIVITIES

You agree not to:

Access or use the Platform for any purpose other than its intended educational use
Attempt to gain unauthorized access to other users' accounts, data, or systems
Circumvent, disable, or interfere with security features of the Platform
Use the Platform to harass, abuse, or harm other users
Upload malicious code, viruses, or other harmful materials
Scrape, crawl, or use automated tools to extract data from the Platform except through documented APIs
Misrepresent your identity, role, or institutional affiliation
Use the Platform to facilitate academic dishonesty or violate your institution's academic integrity policies
Use AI features to generate content that violates these Terms or applicable law
Reverse engineer, decompile, or disassemble any part of the Platform, except as permitted by applicable law
Use the Platform to compete with Immersh or build a competing product
Share account credentials or allow others to access the Platform through your account
Submit content that infringes the intellectual property rights of others

Violation of these terms may result in account suspension or termination.

11. LTI AND API INTEGRATIONS

LTI 1.3 Advantage

The Platform supports LTI 1.3 Advantage Complete integration, including Core, Deep Linking, Assignment and Grade Services, and Names and Role Provisioning Services. When using LTI:

Your institution is responsible for configuring the LTI integration correctly
Data exchanged via LTI is governed by these Terms, our Privacy Policy, and any applicable DPA
We use industry-standard cryptographic security for LTI communication

API usage

If you access Platform functionality through our APIs, you agree to:

Use APIs only for their intended purpose
Comply with any rate limits or usage restrictions
Not share API credentials with unauthorized parties
Accept that API availability is subject to the same terms as the Platform

12. DIGITAL MILLENNIUM COPYRIGHT ACT

We comply with the Digital Millennium Copyright Act (17 U.S.C. Section 512). If you believe content on the Platform infringes your copyright, contact our designated agent:

Immersh, LLC ATTN: Legal Department (Copyright Notification) Email: legal@immersh.com

Your notice must include: (1) your electronic or physical signature; (2) a description of the copyrighted work; (3) identification of the infringing material and its location on the Platform; (4) your contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

We will promptly terminate the accounts of repeat infringers.

13. PLATFORM MANAGEMENT

We reserve the right to: (1) monitor the Platform for violations of these Terms; (2) take appropriate action against users who violate these Terms or applicable law; (3) refuse, restrict, or limit access to any content or features; and (4) manage the Platform to protect its integrity and our users.

14. ACCESSIBILITY

Immersh is committed to providing an accessible educational platform for all users, including individuals with disabilities. We comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and Section 504 of the Rehabilitation Act.

Accessibility features

Keyboard navigation support throughout the Platform
Screen reader compatibility for course content and assessments
Adjustable font sizes and high-contrast viewing modes
Closed captions for video lessons
Transcripts available for audio and video content
ARIA labels and semantic HTML structure for proper document structure

Accessibility accommodations

If you encounter accessibility barriers or have specific accessibility needs, please contact us at accessibility@immersh.com and we will work with you to provide reasonable accommodations. For institutional users, accessibility accommodations are typically coordinated through your institution's disability services office.

Our detailed accessibility statement is available at https://immersh.com/accessibility.

15. TERM AND TERMINATION

These Terms remain in effect while you use the Platform.

Termination by you

You may stop using the Platform and delete your account at any time. See our Privacy Policy for details on data deletion.

Termination by us

We may suspend or terminate your account if you violate these Terms, if required by law, or if your institution's contract with us ends. Where possible, we will provide notice before termination and an opportunity to export your data.

Effect of termination

Upon termination: (1) your license to use the Platform ends immediately; (2) we will delete your data in accordance with our data retention schedule described in the Privacy Policy; (3) provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will continue to apply.

Institutional termination

When an institutional agreement ends, we retain institution data for 30 days to allow data export. After 30 days, all institutional data is permanently deleted with written confirmation.

16. DATA PORTABILITY

You have the right to export your data at any time:

Individual users: Download a complete copy of your personal data in JSON format from your Profile page
Institutions: Request a full organizational data export by contacting help@immersh.com

Exported data uses standard JSON format with no proprietary encoding. The export includes:

Profile and account information
Answer attempts and assessment responses
Lesson progress and completion status
Drill practice data and performance history
Course enrollments and roles
Assignment scores and grades
AI conversation data
Owned lessons, courses, and course sections
Any other user-generated content

For detailed schema documentation and export format specifications, refer to our Data Export Documentation or contact help@immersh.com.

17. SERVICE AVAILABILITY

We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to:

Scheduled maintenance (we will provide advance notice when possible)
Infrastructure issues, software updates, or other technical reasons
Circumstances beyond our reasonable control (see Force Majeure, Section 22)

Support for individual users

Individual users have access to email support at help@immersh.com. We strive to respond to support requests within 24 business hours during business days, though response times are not guaranteed. Support hours and channels are subject to change.

For institutional customers with a Service Level Agreement (SLA), the terms of that SLA supersede this section and specify guaranteed response times, uptime targets, support channels, and hours.

18. DISCLAIMER

THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IMMERSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, IMMERSH DOES NOT WARRANT THAT: (1) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (2) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE; (3) EDUCATIONAL CONTENT CREATED BY INSTRUCTORS OR OTHER USERS WILL BE ACCURATE OR COMPLETE; OR (4) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS.

19. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IMMERSH AND ITS DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE PLATFORM.

IMMERSH'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO IMMERSH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

FOR INSTITUTIONAL CUSTOMERS WITH A SEPARATE MASTER SERVICES AGREEMENT, THE LIABILITY TERMS IN THAT AGREEMENT SUPERSEDE THIS SECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Immersh, including our officers, agents, and employees, from any loss, damage, liability, or claim arising from: (1) your use of the Platform; (2) your breach of these Terms; (3) your violation of any third-party rights, including intellectual property rights; (4) content you upload or create on the Platform; or (5) your violation of applicable law.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense.

21. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles.

Informal resolution

Before filing a formal dispute, you agree to contact us at legal@immersh.com and attempt to resolve the matter informally for at least 30 days.

Jurisdiction

If informal resolution fails, any dispute will be resolved in the state or federal courts located in Winnebago County, Illinois, and you consent to the personal jurisdiction of those courts.

Limitation on claims

Any cause of action arising out of or related to the Platform must be commenced within one (1) year after the cause of action accrues. Otherwise, the claim is permanently barred.

Institutional customers

Institutional customers with a separate Master Services Agreement may have different dispute resolution terms, which supersede this section.

22. FORCE MAJEURE

Immersh will not be liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of government, pandemics, war or terrorism, labor disputes, internet or telecommunications failures, third-party service provider outages, or cyberattacks.

23. ELECTRONIC COMMUNICATIONS

By using the Platform, you consent to receive electronic communications from us, including emails and in-Platform notifications. You agree that electronic communications satisfy any legal requirement for written communication.

24. MISCELLANEOUS

Entire agreement: These Terms, together with our Privacy Policy and any applicable order forms or institutional agreements, constitute the entire agreement between you and Immersh.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: We may assign our rights and obligations under these Terms. You may not assign your rights without our prior written consent.
No agency: These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Immersh.
Third-party beneficiaries: These Terms do not confer any rights on third parties, except that institutional customers' students are intended third-party beneficiaries of the FERPA and data protection provisions.

25. CONTACT US

For questions about these Terms:

General inquiries: info@immersh.com
Legal matters: legal@immersh.com
Support: help@immersh.com
Privacy: privacy@immersh.com

Immersh, LLC Email: info@immersh.com