The agreement for using Eluency.

These Terms of Service (“Terms”) govern access to and use of Eluency, including eluency.com, the teacher web application, Android and iOS applications, student study experiences, application programming interfaces, notifications, emails, and related services (collectively, the “Service”).

Eluency is operated by Eluency, based in Toronto, Ontario, Canada (“Eluency,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Additional terms imposed by Apple, Google, Stripe, or another distribution or payment platform may apply to downloads or purchases made through that platform.

2.1 Teacher accounts

A teacher, tutor, parent, guardian, school representative, or other authorized educator may create a teacher account. If you are under the age of majority where you live, you confirm that a parent or legal guardian has consented to your use of the Service.

You agree to provide accurate information, protect your credentials, use supported authentication methods responsibly, and notify Eluency promptly if you believe your account has been compromised.

2.2 Account responsibility

You are responsible for activity performed through your account and for ensuring that anyone you authorize to use organizational features has appropriate permission. You may not sell, transfer, or share personal login credentials in a way that bypasses Eluency access controls.

Eluency is a teacher-controlled language-teaching platform. Depending on plan, platform, and release availability, the Service may include:

• Teacher tools on web, Android, iPhone, and iPad for lessons, tests, students, assignments, notifications, and results.
• Student lessons, practice activities, teacher follow-ups, and graded tests through mobile and browser experiences.
• Vocabulary, examples, images, selected conjugations, learning objectives, estimated duration, PDF attachments, and lesson audio.
• Manual entry, pasted lists, PDF, spreadsheet, and CSV import, and optional AI-assisted content tools.
• Progress, attempts, completion, question-level results, vocabulary signals, XP, streaks, goals, mistake review, and resume functionality.
• Lesson-pack discovery and teacher-curated content where available.

Features can differ by device, operating system, account role, plan, region, app version, or release stage. We may add, change, suspend, or retire features. We will provide reasonable notice when a material change significantly affects active users where practical or legally required.

4.1 Your content

You retain ownership of lessons, vocabulary, tests, prompts, images, documents, audio, and other material you submit or create (“Your Content”). You grant Eluency a limited, non-exclusive licence to host, process, reproduce, and transmit Your Content only as reasonably necessary to provide, secure, support, and improve the Service.

You are responsible for having the rights and permissions needed to upload and use Your Content, including copyrighted course material, images, recordings, and personal information.

4.2 AI-assisted tools

When you intentionally use an AI feature, teacher-submitted prompts, curriculum text, or selected file content may be processed by an AI service provider. Do not submit student personal information, confidential records, or material you are not permitted to share. AI output may be inaccurate, incomplete, or unsuitable. You must review it before using or assigning it.

4.3 Content removal

You may remove supported content through the dashboard or app. Removal from active application systems is subject to limited security, legal, billing, email, and provider-backup retention described in the Privacy Policy.

A teacher or other authorized profile owner creates and controls each student profile and provides its access code. A student does not create an Eluency password or separate billing account.

A student profile may include a teacher-provided name, optional contact email, assigned content, progress, answers, scores, attempts, completion, learning signals, follow-ups, engagement progress, and an optional notification token. Additional details appear in the Privacy Policy.

The teacher, school, parent, or guardian is responsible for having the authority and any consent required to create a profile, provide content, and use student results, particularly when the student is a child. Do not add unnecessary personal information.

Students are not charged by Eluency for opening teacher-assigned work.

6.1 Plans and availability

Eluency offers a Free plan with one active student profile. Standard is currently presented as a planned monthly tier with capacity for up to 30 student profiles, and organization plans are scoped separately. Current price, availability, capacity, and included features are shown on the Pricing page and may change before a plan becomes available for purchase.

6.2 Existing and future subscriptions

Where web subscriptions are enabled, payment is processed by Stripe and may renew automatically according to the checkout disclosure until cancelled. Purchases made through Apple, Google, or another app marketplace are billed, renewed, cancelled, and refunded under that marketplace’s applicable rules.

Eluency does not store full payment-card numbers. Taxes may be added based on location and applicable law.

6.3 Cancellation and refunds

Existing web subscribers can manage eligible subscriptions through the available account billing portal. Unless law requires otherwise, an initial web subscription purchased directly through Stripe may be requested for refund within seven days; renewal payments are generally non-refundable. Marketplace purchases must be handled through the marketplace that processed them.

6.4 Subscription lapse

If a paid entitlement ends, the account may return to the Free plan. Content is not intentionally deleted solely because a subscription lapses, but paid capacity and features may become unavailable until the roster or plan meets the applicable limit.

You must use Eluency lawfully and in a way that does not harm students, other users, providers, or the Service. You may not:

• Upload unlawful, abusive, exploitative, discriminatory, deceptive, or infringing material.
• Expose student access codes publicly or attempt to access a profile you are not authorized to use.
• Probe, bypass, overload, scrape, reverse engineer, or interfere with security or technical restrictions except where law expressly permits.
• Use automation to create abusive traffic, messages, accounts, AI requests, uploads, or results.
• Misrepresent scores, completion, identity, educational authority, or affiliation with Eluency.
• Use the Service for high-stakes decisions without appropriate qualified human review.

You may stop using Eluency and request account deletion through supported settings or the public account-deletion page. Active paid subscriptions must be handled before final deletion when required by the billing workflow.

We may restrict or suspend access when reasonably necessary to protect students or users, investigate abuse, comply with law, address non-payment, prevent security harm, or enforce these Terms. Where appropriate, we will provide notice and an opportunity to resolve the issue.

After account deletion, associated application data is removed from active systems subject to the limited retention described in the Privacy Policy. Provisions that by their nature should survive—such as ownership, payment obligations, disclaimers, liability limits, indemnification, and dispute terms—continue to apply.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ELUENCY DOES NOT WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ERROR-FREE, SECURE, OR SUITABLE FOR A PARTICULAR EDUCATIONAL OUTCOME.

Eluency supports teachers but does not replace professional educational judgment. AI output, automated feedback, scores, mastery signals, estimated durations, translations, and recommendations require appropriate teacher review.

To the maximum extent permitted by applicable law, Eluency and its owners, team members, contractors, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, revenue, opportunity, goodwill, or educational outcome arising from use of or inability to use the Service.

Where liability cannot be excluded, Eluency’s aggregate liability for claims relating to the Service will not exceed the greater of the amount you paid directly to Eluency during the twelve months before the event giving rise to the claim or CAD $100, unless applicable law requires a different amount.

Some jurisdictions do not permit certain exclusions or limitations, so parts of this section may not apply to you.

To the extent permitted by law, you agree to defend, indemnify, and hold Eluency harmless from third-party claims, losses, and reasonable costs arising from Your Content, your unlawful or unauthorized use of the Service, your violation of these Terms, or your infringement of another person’s rights.

Before starting formal proceedings, contact Eluency and provide a reasonable opportunity to resolve the concern informally. The parties may agree to remote mediation.

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to any mandatory consumer-protection rights, disputes will be brought in the courts located in Toronto, Ontario.

We may update these Terms as the Service, law, providers, or business model changes. The latest version and effective date will be posted here. For a material change that significantly affects existing rights or obligations, Eluency will provide reasonable advance notice through email, the Service, or another appropriate channel where required.

Continued use after updated Terms take effect constitutes acceptance where permitted by law. If you do not agree, stop using the Service and use the available deletion process.

These Terms and the Privacy Policy form the agreement between you and Eluency regarding the Service, together with any checkout or organization-specific terms that expressly apply. If part of these Terms is unenforceable, the remaining provisions continue in effect.

Failure to enforce a provision is not a waiver. You may not assign these Terms without Eluency’s consent; Eluency may assign them in connection with a reorganization, financing, sale, or transfer of the Service, subject to applicable law.

Headings are for convenience. Electronic notices and agreements satisfy writing requirements where legally permitted.

Questions about these Terms can be sent through the Contact page or by email to nathan@eluency.com.

Eluency
Toronto, Ontario, Canada

Effective and last updated: July 29, 2026