Terms of Service

Last updated: April 19, 2026

1. Definitions

• "Service" means the Xpresso Learning learning management platform, including the website, applications, APIs, and associated content provided by us.
• "Organization" means a business, non-profit, or other entity with an account on the Service.
• "Org Admin" means a user with administrative permissions over an Organization.
• "Learner" means a user enrolled under an Organization for the purpose of consuming training content.
• "Content"means training material hosted on the Service, including SCORM packages, videos, quizzes, and Xpresso Learning's own library courses.

2. Eligibility and accounts

You must be at least 16 years old to create an account. You are responsible for keeping your login credentials confidential and for all activity on your account. Notify us immediately if you suspect unauthorized access.

Org Admins are responsible for the conduct of Learners under their Organization and for ensuring that the Learners' personal information was collected lawfully and with appropriate consent before being added to the Service.

3. Subscriptions and billing

Plans and pricing

The Service offers a Free tier and three paid tiers (Tier 1, Tier 2, Tier 3). Current pricing, seat caps, and features are listed on the Pricing page. All prices are in Canadian dollars (CAD) unless stated otherwise and exclude applicable taxes.

Trials

Paid-tier subscriptions include a 21-day free trial. During the trial you will not be charged. Unless you cancel before the trial ends, your card (if on file) will be charged automatically at the end of the trial. If no payment method is on file, the subscription will be cancelled and your Organization will revert to the Free tier.

Auto-renewal

Monthly and annual subscriptions renew automatically at the end of each billing period. You can cancel at any time through the in-app billing portal or by contacting support.

Seat overage

If your Organization exceeds its tier's seat cap (excluding the Free and Tier 3 tiers, which hard-cap at their limits), additional seats are billed monthly at the per-seat overage rate listed on the Pricing page, starting 7 days after you first exceed the cap.

Refunds

Subscription fees are non-refundable except where required by law. If you cancel, you retain access through the end of your current billing period.

Taxes

Prices are exclusive of applicable sales tax (GST, HST, PST, QST). If we are required to collect tax on your subscription, it will be added to your invoice.

Failed payments

If a payment fails, we may suspend paid-tier features until the outstanding balance is paid. You will receive email notifications of any payment failure.

4. Acceptable use

You may not use the Service to:

• Upload or distribute content that is illegal, infringing, harassing, hateful, or malicious
• Upload SCORM packages or other files that contain malware, trackers, or cryptocurrency miners
• Attempt to gain unauthorized access to another Organization's data or to our infrastructure
• Circumvent seat limits, trial periods, feature gates, or payment obligations
• Resell, sublicense, or white-label the Service without our written agreement
• Scrape, mirror, or systematically extract data from the Service except via features we provide
• Use the Service to send spam or solicit users outside your Organization

We may suspend or terminate accounts that violate these rules without notice.

5. Content and intellectual property

Xpresso Learning content

Courses authored and published by Xpresso Learning (the "Xpresso Learning Catalog") remain our intellectual property. Your subscription grants your Organization a non-exclusive, non-transferable licence to deliver this content to your Learners during the term of your subscription. You may not download, copy, redistribute, or resell this content.

Your content

Content you upload — SCORM packages, videos, documents, quiz questions, custom courses — remains owned by you. By uploading, you grant us a limited licence to host, serve, and display that content to your Learners for the duration of your subscription. You are responsible for ensuring you have the rights to upload the content and that it complies with applicable law.

Trademarks

"Xpresso Learning" and our logo are our trademarks. You may not use them without our written permission except as needed to reference the Service in accordance with these Terms.

6. Data ownership and portability

Your Organization retains ownership of learner records, progress, certificates, and uploaded content. CSV exports are available from the admin dashboard. Upon request, we will provide a complete data export within 30 days.

7. Service availability

We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. Scheduled maintenance will be announced where practical. No formal SLA is included with standard subscriptions; Tier 3 customers may negotiate a written SLA.

8. Warranty disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of information. We do not warrant that the Service will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or related to these Terms or the Service is limited to the amount you paid us in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data.

10. Indemnification

You agree to indemnify and hold Xpresso Learning harmless from any claims, losses, or damages arising from (a) your or your Learners' use of the Service, (b) content you upload, or (c) your violation of these Terms or applicable law.

11. Term and termination

These Terms remain in effect while you use the Service. You may cancel at any time. We may suspend or terminate your account for material breach of these Terms, non-payment, or if required by law.

On termination or cancellation, your access to paid features ends, but learner records and uploaded content are retained as described in our Privacy Policy.

12. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. Any dispute arising from these Terms or your use of the Service will be resolved in the courts of Ontario, and you consent to the personal jurisdiction of those courts.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to account holders at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Xpresso Learning
330 Burnhamthorpe Rd W
Mississauga, ON, Canada
mik@xpressolearning.com