Articulate 360: Terms of Service (TOS) Changes

This article provides an informal, high-level summary of changes we made to the Articulate 360 General Terms of Service. Please take the time to carefully read and understand these Terms of Service before using the Services.

August 9, 2024

We made changes to improve clarity and address other similar nonsubstantive issues throughout the Terms of Service.

We updated language in the following definitions:

• In Sections 1.24 and 2.9, we clarified the definition of Third-Party Services.
• In Sections 2.1 and 2.13, we included language clarifying Account Information and Use of Account Information.  

We updated language related to AI Features.

• In Section 2.18, we clarified what may be an Output of AI Features.

We revised the indemnification obligations language.

• In Section 7.2, we added language to exclude any Third-Party Services used by Customers from Articulate’s indemnification obligations. 

May 31, 2024

We made changes to improve clarity and address other similar nonsubstantive issues throughout the Terms of Service.

We updated the language in definitions to provide clarity. 

• In Section 1.9, we added language to clarify the definition of Customer.
• In Sections 2.5, 2.6.2 and 2.8, we included language to emphasize the definition of “Service” to include Optional Features.  

We revised the language for beta version and trial rights.

• In Section 2.14.1, we added language to clarify that all information and features available through a Beta Version are the confidential information of Articulate unless made publicly available.  
• In Section 2.15, we included language to emphasize that trial rights are available under a one-time evaluation period, and the extension of such period is at Articulate’s sole discretion.

We added language for AI features launching in 2024.

• In Section 2.18, we added language clarifying that this provision applies to Customers.

We revised the payment language.

• In Section 4.1, we added language around automatic renewal of Customer’s Services. Outlining that Customer’s Services will automatically renew at the same number of Users in the previous Order Form unless notified of a change in users or intent not to renew at least thirty (30) days before the end of the Subscription Term.

We revised the warranties and indemnification obligations language.

• In Section 6.2, we expanded the Customer’s indemnification obligations to include their use of AI Features.
• In Section 7.2, we included language to clarify those Excluded Claims outlined. 

We revised the notice to customer language.

• In Section 16.3, we added language to clarify that unless otherwise noted, all changes to Services are effective immediately and apply to all access and use of the Services thereafter.

March 8, 2024

We made changes to improve clarity and address other similar nonsubstantive issues throughout the Terms of Service.

We updated the terms around responsible use of the Services. 

• In Section 2.4, we clarified that limitations for device activations apply at the User level.
• In Section 4.4, we added language to address Users exceeding limits in the Services. 
• In Section 7.2, we included language to clarify that Articulate’s indemnification obligations are tied to the Customer’s use of the Services. 

We added language for AI features launching in 2024.

• In Section 2.18, we added clarifying language around the use of Articulate’s new AI features. 

January 2, 2024

We made changes to improve clarity and address other similar nonsubstantive issues throughout the Terms of Service.

In Section 1, we added a “Definitions” section to share new and revised definitions.

We updated the terms around responsible use of the Services. 

• In Section 2.5, we added language to allow Articulate’s support team to provide account-related information to answer support questions.
• In Section 2.6.16, we added language to explicitly prohibit using Articulate’s services to support terrorist activities.
• In Section 2.17, we updated the disclaimer language to include responsibilities related to a User’s use of the Services.

We added language for AI features launching in 2024.

• In Section 2.6 and 2.18, we added language governing the use of  AI features. 
• In Section 7.1, we updated the disclaimer to reflect these new features.

We revised the payment and tax language. 

• In Section 4, we added language around purchasing Articulate’s products through an authorized reseller. 
• In Section 17.1, we revised the language to outline how the Australian Goods and Services Tax (GST) applies to transactions involving GST-registered and non-GST-registered customers within Australia. 

We revised the warranties and limitation of liabilities language. 

• In Section 6.1, we included a customer warranty to comply with applicable laws. 
• In Section 6.2, we expanded the customer’s indemnification obligations to include their use of the Services.
• In Section 8.2, we increased Articulate’s limitation of liability to the amount equal to the fees a customer spends in twelve (12) months preceding a claim and revised this limitation of liability to include confidentiality obligations. 
• In Section 8.4, we included a duty for both parties to mitigate damages.

We updated the termination rights and clarified the effect of termination. 

• In Section 11.3, we added Articulate’s right to terminate if a customer ceases to function as a business and/or a customer declares bankruptcy or insolvency. 

We revised the notice and precedence language. 

• In Section 16.3, we clarified the difference between legal notice and updates regarding the Services. 
• In Section 16.4, we further clarified that Articulate’s Terms of Service, or any negotiated agreement between the Parties, will take precedence over any other order documents Articulate may be asked to sign. 

March 31, 2023

We added or revised a few definitions.

• Services: In the preamble, we revised the definition “Services” to include Optional Features.
• Users: In Section 4, we added clarification and defined “users” for Articulate 360, which are words used interchangeably throughout the Terms of Service, including learners, seats, subscribers, and end users.

We changed our tax language.

• In Section 6.2, we revised the language to accurately align with our practice, including (1) that tax is only included if listed on an order and (2) taxing is based on the address either listed in the terms or the organizational address provided by customers when they sign up for the Services. 

We added Optional Features, Upgrades, and Exceeding User Limits.

• In Section 6.5, we added the definition of optional features, how to purchase, the users available during an order period, how overages or upgrades of users are handled, pricing, and the subscription renewal for these Optional Features.    

March 21, 2022

We changed the refund and renewal terms.

• Removed Section 11.3, which allowed you to terminate or cancel your annual subscription in the first thirty (30) days after you subscribe or renew for a full refund. You can still terminate for cause (for a material breach) and receive a prorated refund of your prepaid fund. You may also terminate for convenience; however, we can't provide a refund of your prepaid funds. The thirty (30) day trial allows you to fully explore Articulate 360 to make sure it's right for you and your organization.
• Modified the notice period for renewing your subscription, based on your contract. If you don't intend to renew your annual subscription, we now require 30 days' notice before your current subscription term expires (see Section 11.1). Previously, we only required 10 days. We made this change to align our terms to industry standards and our customer’s procurement procedures.

February 10, 2022

Added “videos” to our Content Files definition in Section 2.11. We did this to accommodate the addition of real content course templates and lesson templates in Rise 360.