Additional Service Terms

Updated: January 19, 2026

The following terms apply only to the corresponding Services if and when purchased or used by Client. These Service-Specific Terms supplement the applicable Agreement between D2L and Client and may be updated by D2L from time to time. If Client has separately negotiated terms for a specific product or service set out below, those negotiated terms will prevail in the event of any conflict. Otherwise, in the event of a conflict between these Service-Specific Terms and the Agreement, these Additional Service Terms will control solely with respect to the relevant Service.

Terms by D2L Service

Partner Products & Services (Resold by D2L)

H5P Terms of Service

These terms of service (“Terms”) govern Client’s access to and use of the H5P suite of interactive content tools and services (the “H5P Services”) made available by D2L, whether used on a standalone basis or in connection with any D2L product or service. These Terms set out amendments and supplements to the existing agreement between D2L and Client (the “Agreement”) with respect to security, data residency, and support applicable to the H5P Services.

By using the H5P Services, Client agrees to the terms set out in this Addendum. Except as stated herein, all other terms of the Agreement remain unchanged. These Terms apply exclusively to the H5P Services described above and do not modify or limit D2L’s obligations to Client for other Services under the Agreement.

1. Security. D2L will maintain commercially reasonable and industry standard administrative, physical, and technical safeguards to protect the security, privacy, and integrity of Client Data stored, processed, or accessed in H5P Services. Client acknowledges that H5P Services do not currently have other independent security or privacy certifications (e.g., ISO 27001, ISO 27017, ISO 27018, ISO 27701, TX-RAMP, FedRAMP, etc), except for a SOC 2 Type II report. As a result, D2L does not represent that H5P Services have obtained relevant certifications against the independent security standards described in the Agreement.
2. Data Residency. Client understands and agrees that: (a) the hosting, processing, and storage of data in the H5P Services, including Client Data, may occur in facilities located outside of the Client’s jurisdiction and (b) D2L may use H5P Group AS (“H5P”), a wholly owned subsidiary company of D2L, incorporated in Norway (registration number 912 282 910) having its registered office at Strandgata 9, 9008 Tromsø to deliver or provision the Services, including to process Client Data and personal information.
3. Generative AI Services. Certain Services under the Agreement may include functionalities that can make predictions, recommendations, decisions, generate text, images, or other media through the use of artificial intelligence models (“D2L Generative AI Services”). Client acknowledges and agrees to terms and conditions set out at https://www.d2l.com/legal/d2l-generative-ai-services-terms/ as they relate to D2L Generative AI Services under the Agreement.

In the event of a conflict between these Terms and the Agreement, these Terms shall control for matters relating to H5P Services. All other provisions of the Agreement remain in effect.

D2L Generative AI Services Terms

These terms govern the use of all functionalities that can make predictions, recommendations, decisions, generate text, images, or other media through the use of artificial intelligence models (“D2L Generative AI Services”). These terms supplement and, in the event of conflict, prevail over any conflicting terms in the Agreement with respect to D2L Generative AI Services.

Use Limitations

1. If D2L has a reasonable basis to believe that Client’s use of D2L Generative AI Services, or Client data submitted to D2L Generative AI Services (“Client Input”), is inconsistent with the terms of this Agreement, D2L may limit, restrict, or terminate a Client’s access to or use of D2L Generative AI Services. Notwithstanding the foregoing, Client understands and agrees that D2L is under no obligation to monitor Client’s use of the D2L Generative AI Service or the Client Input.
2. D2L prohibits the use of D2L Generative AI Services for generating any text, images, or other media (“Output Content”) that inflicts harm on individuals or society, or for any illegal or harmful activity, including but not limited to: (a) child exploitation or harm; (b) hateful, harassing, or violent content; (c) malware or fraudulent activity; (d) activities that pose high risk of physical or economic harm; (e) violations of privacy; (f) unauthorized practice of law or provision of tailored legal or financial advice without qualified review; (g) medical diagnosis or treatment advice; (h) adult content or dating services; or (i) high-risk government decision-making.
3. Client shall not represent that the Output Content was human generated when it was not.
4. D2L does not filter, remove, or depersonalize personal information from Client Input. Client is solely responsible for ensuring that Client Input complies with all applicable privacy and data protection laws, and that Client has obtained all necessary rights, permissions, and consents to process any personal information through the D2L Generative AI Services.
5. Client understands and acknowledges that generative artificial intelligence models may produce text, images, and other media that is inappropriate and/or inaccurate. Client is solely responsible for reviewing, validating, and determining the appropriateness of all Output Content before use, publication, or distribution. Client agrees that it will use all reasonable means to validate all Output Content for accuracy, appropriateness, and compliance with applicable laws and regulations. Client assumes all risk and liability associated with its use of Output Content.
6. Client warrants it has sufficient rights in Client Input and that such Client Input does not infringe third-party intellectual property rights. Except to the extent (i) Client is prohibited by applicable law from providing indemnification, or (ii) third-party infringement claims are attributable to D2L intellectual property including D2L-provided prompts, Client agrees to indemnify and hold D2L harmless against third-party claims related to Client Input or Output Content generated from the D2L Generative AI Services.
7. Client may not: (a) reverse engineer, decompile, or extract the weights of the underlying AI models; or (b) use the Services for web scraping or similar data extraction methods.
8. Client acknowledges and agrees that Client Input (and its associated Output Content) may be processed and/or stored outside of Client’s hosting jurisdiction country.

Intellectual Property

9. Client owns all Client Input. D2L will not use Client Input to train, retrain the underlying generative artificial intelligence models.
10. As between D2L and Client, Client owns all Output Content, subject to the following: (a) Output Content from D2L Generative AI Services may not be unique and similar or identical outputs may be generated for other users; (b) Client’s rights in Output Content (including ownership thereof) may not be enforceable against third parties who independently generate similar or identical content; and (c) Client is solely responsible and liable for any use, publication, or distribution of Output Content and any claims arising therefrom.
11. D2L and its third-party suppliers (under confidentiality obligations) may temporarily store Client Input and Output for debugging and to monitor for abusive or harmful uses.

Warranties

12. D2L warrants that the D2L Generative AI Services will perform materially in accordance with the applicable documentation and that D2L will maintain commercially reasonable security measures to protect Client Data processed through the Services. However, due to the inherent nature of generative artificial intelligence technology, D2L makes no warranties regarding the accuracy, reliability, completeness, or appropriateness of any Output Content generated by the D2L Generative AI Services. D2L DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO OUTPUT CONTENT. D2L’s liability for any breach of the limited warranty set forth in this section is subject to the limitation of liability provisions in the Agreement.

Termination

13. D2L may terminate or suspend Client’s access to the D2L Generative AI Service if D2L’s third-party generative AI service provider(s) terminate, suspend, or materially limit the services they provide to D2L, making it impracticable or impossible for D2L to continue providing the D2L Generative AI Service to Client. D2L will provide Client with as much advance written notice as reasonably practicable under the circumstances, but in no event less than 15 days’ notice unless the third-party provider’s termination or suspension prevents D2L from providing such notice. If D2L terminates Client’s access to the D2L Generative AI Service as set out in this section, D2L shall remit to Client a prorated (to the date of termination) reimbursement of any pre-paid fees for such D2L Generative AI Service.

Fees

14. Free or Trial Offerings
    • D2L may make certain D2L Generative AI Services available to Client at no additional charge (e.g., as part of a trial or pilot offering). Client’s use of such free offerings must be reasonable and not excessive. D2L may, in its sole discretion, determine what constitutes excessive use and limit Client’s access accordingly.  Notwithstanding Section 12 above, D2L assumes no liability for Client’s use of the D2L Generative AI Services during such free or trial offerings.
15. Paid Offerings of the D2L Generative AI Services
    • For paid D2L Generative AI Services, Client is entitled to the number of AI Generations specified in the applicable Order. If Client exceeds this allocation during a contract year, D2L may limit Client’s access to the D2L Generative AI Services.

General

16. Any obligations which by their nature are intended to survive under these terms, shall survive termination or expiration of these terms or the Agreement. Except as set out in these terms, all other terms of the Agreement remain in full force and effect.

Terms of Use for External Data Support 

These terms of use (“Terms”) are entered into by and between the D2L entity (“D2L”) and the Client entity identified in the Agreement (“Client”). These Terms modify the existing Agreement between D2L and Client (the “Agreement”) solely with respect to the External Data Support feature as described below and apply for the duration of Client’s subscription to or use of Performance+. All other terms of the Agreement remain in full force and effect. 

1. External Data Support 

D2L offers External Data Support (“External Data Support”) as part of its Analytics Builder tool within the Performance+ package. External Data Support enables Client to upload, connect to, and store external data (“External Data”) within Analytics Builder and to analyze such data in conjunction with Brightspace Data Sets. Client may make resulting analyses and dashboards available to non-learner users (e.g., instructors, administrators). 

If Client connects External Data Support with third-party services or data connectors, D2L does not guarantee or assume responsibility for the functionality, security, or compliance of any such third-party services or connectors used in connection with External Data Support.  

2. Client Responsibilities 

Client is solely responsible for: 

1. the accuracy and quality of any External Data it uploads, connects to, analyzes, or stores in Analytics Builder; 

2. compliance with all applicable laws and regulations, including but not limited to privacy and data protection laws, including complying with any right to erasure or right to be forgotten request, and Client’s internal policies; and 

3. refraining from uploading sensitive data, including but not limited to credit card information, social security numbers, passwords, or other data classified as sensitive under applicable law or industry standards (e.g., PCI-DSS, HIPAA). 

3. SPICE Usage Limits 

SPICE (Super-fast, Parallel, In-memory Calculation Engine) is the high-performance, in-memory engine used by certain features within Analytics Builder, including the External Data Support feature. These features may automatically leverage SPICE to perform advanced calculations and quickly serve data to users. D2L allocates up to 1 GB of SPICE usage per 100 users as set out on the applicable Order Form as part of Analytics Builder within the Performance+ package. Clients may monitor their monthly SPICE usage within Analytics Builder. If a Client exceeds its allocated SPICE usage without purchasing additional capacity during the contract year, D2L may charge USD $2 per GB over the limit, plus reasonable administrative fees. If overages persist or grow significantly, D2L reserves the right to restrict access to authoring capabilities (e.g., create new analysis and dashboards) within Analytics Builder after providing customer with advance notice of such overage and a reasonable opportunity to remediate. 

 4. Conflict with Agreement 

In the event of any conflict between these Terms and the Agreement, the Terms shall control solely with respect to External Data Support. All other provisions of the Agreement shall remain in full force and effect. 

Integrity Advocate

Integrity Advocate stores user data for 24 months from the date the data was received, unless a shorter duration is requested from the Client.

Zoom

Zoom service offered under this Order is governed by the Zoom Reseller Customer Terms of Service at: http://zoom.us/docs/en-us/EULA-terms-of-service.html. Notwithstanding anything in the Agreement, support for Zoom is set out in Zoom’s applicable terms of service.

Credly

Credly Services offered under this Order are governed by Credly’s Workforce Skills Agreement (“Terms of Services”) at: https://info.credly.com/workforce-skills-agreement. Notwithstanding anything in the Agreement, support for Credly is set out Credly’s applicable terms of service.

OpenSesame

OpenSesame service offered under this Order is governed by the OpenSesame Reseller Customer Terms of Service at: https://www.opensesame.com/legal . Notwithstanding anything in the Agreement, support for OpenSesame is set out in OpenSesame’s applicable terms of service.

YuJa

The following terms apply to the YuJa services resold by D2L; note that the Client placing an Order with D2L is referred to below as “Customer”:

(A) Non HIPAA or PCI Compliance

Customer acknowledges that YuJa Products and Services are not equipped to store personal health and finance data. Therefore, YuJa will have no liability under this Agreement for personal health or personal financial data stored in YuJa Products and Services, notwithstanding anything to the contrary herein.

(B) Additional Applicable Terms Specific to YuJa Panorama for Digital Accessibility Service.

Subject to the terms and conditions of this Agreement, YuJa will provide Customer with access to the Products and Services and hereby grants Customer a non-exclusive right to access and use the Products and Services during the Term. YuJa does not guarantee that the use of the Products and Services by Customer will ensure the accessibility of Customer’s web content or Customer’s web services or that the web content of Customer will comply with any particular web accessibility law or standard. Any information, content transformation, advice or guidance provided by the Products and Services, including without limitation the results of any website tests or content tests conducted or other advice or guidance with respect to compliance with various accessibility standards, including without limitation the web content accessibility guidelines 2.0 (WCAG 2.0 and WCAG 2.1) or laws, rules or regulations including without limitation those commonly known as the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008, applicable sections of the Communications Act of 1934 as amended by the Telecommunications Act of 1996, 251(a), the Rehabilitation Act, the Individuals with Disabilities Education Act, or their international counterparts, any or all as amended from time to time, or related laws, rules or regulations is provided solely as a courtesy and is not provided as a legal counsel or advice. Other laws, rules and regulations may apply to Customer, or Customer’s customers, or Customer’s end users depending on the nature of their products and services. YuJa expressly disclaims any implied or express warranties and any liability with respect to any information, content transformation, counsel or guidance provided.

(C) Indemnification and Limitation of Liabilities

(a) YuJa will indemnify Customer against any third-party claims in the following categories:

(i) claims alleging that YuJa’s products infringe on another party’s IP rights;

(ii) claims resulting from YuJa’s gross negligence or willful misconduct;

(iii) claims resulting from YuJa’s violation of any applicable law or regulation.

The Customer claimed against or sued by a third party must notify YuJa in writing of a claim or suit promptly and provide reasonable cooperation. YuJa shall not have any obligation under any settlement made without its written consent. YuJa will have the right to defend itself against any such claim in the court of law

(b) Except for the situations specified in clause (a) above, notwithstanding any provision in any of the contract documents, in no event will YuJa be liable for any other damages in excess of the total amount paid (and payable) to YuJa in the twelve (12) month period prior to the date of the claim, in each case whether based in contract, tort, strict liability or otherwise, and even if YuJa has been advised of the possibility of such damages. The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy and to the maximum extent permitted under applicable law.

(c) In no event will YuJa be liable for any indirect, punitive, incidental, special or consequential damages arising out of or relating to the subject matter of this Agreement (including lost profits).

Unity

Unity services offered under this Order are governed by the applicable terms and conditions for the purchased Unity offerings, available at Unity’s “Legal” webpage: Legal Information (the “Unity Terms”). For clarity, such Unity Terms shall be by and between Client and Unity. Notwithstanding anything in the Agreement, any support for Unity services is provided by Unity, only as expressly specified in the Unity Terms or as otherwise agreed to in writing between Client and Unity; except as specified therein, Unity will have no obligation to provide maintenance or support services to Client. D2L may provide limited installation and download support services with respect to the Unity services, but not technical support services.

Seesaw

Client acknowledges and agrees that its use of the Seesaw Services in this Order is governed by the Seesaw terms and conditions available at: https://issuu.com/seesawlearning/docs/d2l-customer-terms-and-conditions.