Terms & Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the Eluency platform, including the website at eluency.com, the web application, and all related services (collectively, the “Service”).

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

These Terms apply to all users of the Service, including teachers, tutors, school administrators, and students who access practice content through a class code.

2.1 Who Can Use Eluency

Any individual may create a teacher account on Eluency. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use the Service.

Students do not create accounts. Students access practice content through a class code provided by their teacher. No personal information beyond a first name is required from students.

2.2 Account Responsibilities

When you create an account, you agree to:

• Provide accurate and complete information during registration.
• Keep your login credentials confidential and not share them with any other person.
• Notify us immediately if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

You may not transfer your account to another person without our prior written consent. Sharing login credentials with other individuals is prohibited and may result in account suspension.

Eluency is a language learning platform that enables teachers, tutors, and educators to create custom vocabulary lessons, practice exercises, and tests that their students complete through an interactive web application.

The Service includes:

• A teacher dashboard for creating and managing lessons, tests, and student groups.
• A student-facing practice application with multiple learning modes (typing, multiple choice, image-based, and listening).
• Analytics and progress tracking for teachers to monitor student performance.
• Optional AI-assisted tools for lesson and test creation.
• Class code-based student access with no student account registration required.

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will make reasonable efforts to notify users of significant changes.

4.1 Your Content

When you create lessons, vocabulary lists, tests, phrases, or other educational content on Eluency (“Your Content”), you grant Eluency a limited, non-exclusive license to store, host, display, and transmit Your Content solely for the purpose of providing the Service to you and your students.

This license exists only to enable the platform to function. Eluency will not sell, sublicense, redistribute, or make Your Content available to other users or third parties. Eluency team members may access Your Content only for the purpose of providing technical support when you request assistance.

4.2 Content Deletion

You may delete Your Content at any time through your dashboard. When you delete content or your account, that content is permanently removed from Eluency’s systems, including any associated student practice data.

4.3 Your Responsibilities

You are solely responsible for ensuring that you have the right to use all content you upload to the Service. You represent and warrant that Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

If you upload copyrighted material owned by a third party without proper authorization, you accept full responsibility for any consequences. Eluency reserves the right to remove content that we believe infringes on third-party rights.

4.4 Eluency’s Intellectual Property

The Eluency platform — including its design, code, branding, logos, and documentation — is owned by Eluency and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

Teachers are permitted to reference Eluency in their marketing materials (e.g., “I use Eluency” or screenshots of the platform) provided such use is truthful and does not imply endorsement beyond the scope of their actual use.

Students access the Eluency platform through a class code provided by their teacher. Students do not create accounts, do not provide email addresses, and do not set passwords.

The only information collected from students is a first name, which is used to identify the student within their teacher’s dashboard. No other personally identifiable information is collected from students.

Students use Eluency for free. There is no cost, subscription, or payment required from students at any time. This is a permanent feature of the platform, not a promotional offer.

Teachers are responsible for obtaining any necessary parental or institutional consent before providing students with access to the Service, particularly for students under the age of 13.

6.1 Free and Paid Plans

Eluency offers a free plan with limited features as well as paid subscription plans with additional capabilities. Details of each plan are described on our Pricing page.

6.2 Billing

Paid subscriptions are billed either monthly or annually, as selected by you at the time of purchase. All subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

Payment is processed securely through Stripe. Eluency does not store your full credit card information.

6.3 Refund Policy

• Monthly subscriptions: If you cancel, your access to paid features continues until the end of your current billing period. The remaining period will be prorated based on usage and date of cancellation.
• Annual subscriptions: Refund requests made within 30 days of purchase will be prorated based on the date of cancellation. After 30 days from the date of annual purchase, no refunds will be issued.
• Refunds are processed through the original payment method via Stripe.

6.4 Price Changes

Eluency reserves the right to change subscription pricing. Any price changes will be communicated to existing subscribers via email at least 90 days (3 months) in advance of the change taking effect. Price changes will not affect your current billing period.

6.5 Subscription Lapse

If your paid subscription expires or is cancelled, your account will be automatically transitioned to the Free plan. You will retain access to your content and dashboard, but features exclusive to paid plans will be restricted. No content is deleted when a subscription lapses.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any purpose that is illegal or prohibited by these Terms.
• Upload content that is defamatory, obscene, threatening, harassing, hateful, or that promotes violence or discrimination.
• Upload content that infringes on the intellectual property rights of any third party.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or the systems and networks connected to the Service.
• Use automated tools, bots, scrapers, or similar technology to access or extract data from the Service without our written permission.
• Resell, sublicense, or commercially exploit the Service or any content obtained through the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Service to transmit spam, unsolicited messages, or malicious software.
• Collect or harvest personal information of other users.

Eluency reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

8.1 Termination by You

You may delete your account at any time through your account settings or by contacting us at nathan@eluency.com. Upon account deletion, all of your data — including your lessons, tests, vocabulary, student records, and all associated content — will be permanently deleted from our systems. This action is irreversible.

8.2 Termination by Eluency

Eluency reserves the right to suspend or terminate your account at any time, with or without notice, for any of the following reasons:

• Violation of these Terms or any applicable laws.
• Abusive, harmful, or fraudulent conduct.
• Non-payment of subscription fees after reasonable notice.
• Activity that threatens the security, integrity, or availability of the Service.

In the event of termination by Eluency, we will make reasonable efforts to notify you via email and, where appropriate, allow you to export your content before deletion. However, in cases of severe or urgent violations, immediate termination without prior notice may be necessary.

8.3 Effect of Termination

Upon termination of your account, regardless of the reason, all data associated with your account will be permanently deleted, including Your Content and all student data. Sections of these Terms that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will remain in effect.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ELUENCY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Eluency does not warrant that:

• The Service will be uninterrupted, error-free, or available at all times.
• The Service will be free of viruses or other harmful components.
• The results obtained through the Service will be accurate or reliable.
• Any content on the Service will be complete, current, or free of errors.

Eluency is an educational tool designed to supplement language instruction. We do not guarantee any specific learning outcomes. The effectiveness of the Service depends on many factors, including how it is used by teachers and students.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELUENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE.

IN NO EVENT SHALL ELUENCY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO ELUENCY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Eluency has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Eluency and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service.
• Your Content, including any claim that Your Content infringes on the intellectual property or other rights of a third party.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any dispute between you and a student, parent, school, or other third party relating to your use of the Service.

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally by contacting us at nathan@eluency.com. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days of receiving your notice.

12.2 Mediation

If the dispute cannot be resolved informally, both parties agree to submit the dispute to non-binding mediation before pursuing any other form of dispute resolution. Mediation will be conducted in Toronto, Ontario, Canada (or remotely by mutual agreement) and the costs of mediation will be shared equally between the parties.

12.3 Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. If mediation is unsuccessful, any legal proceedings shall be brought exclusively in the courts located in the Province of Ontario, Canada, and you consent to the jurisdiction of such courts.

Eluency reserves the right to update or modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page and notify you via email.

For material changes that significantly affect your rights or obligations, we will provide at least thirty (30) days’ notice before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree with the updated Terms, you may stop using the Service and delete your account at any time.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Eluency regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

The failure of Eluency to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Eluency may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

14.5 Force Majeure

Eluency shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, internet disruptions, or pandemics.

If you have any questions about these Terms, please contact us at: