Terms of Service

1. Acceptance of Terms

By accessing or using Eleve ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including Educational Institutions, coaches, students, parents, and administrators.

2. Service Description

Eleve provides a learning management platform designed for action sports organizations and educational institutions. The Service includes:

• Student progress tracking and skill assessment tools
• Video recording and feedback capabilities
• Communication features between coaches, students, and families
• Reporting and analytics for educational purposes
• Administrative tools for managing programs and users

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice to active users.

3. User Accounts and Responsibilities

3.1 Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.2 Educational Institution Responsibilities

Educational Institutions using Eleve are responsible for:

• Obtaining necessary consents from parents/guardians for student participation
• Managing user access and permissions within their organization
• Ensuring staff members use the Service in accordance with these Terms
• Complying with applicable educational privacy laws (FERPA, COPPA, etc.)
• Maintaining appropriate supervision of student accounts

3.3 Acceptable Use

You agree NOT to:

• Violate any applicable laws or regulations
• Upload inappropriate, offensive, or harmful content
• Impersonate another person or entity
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with the proper functioning of the Service
• Use the Service for any commercial purpose without authorization
• Scrape, copy, or download content without permission

4. Data Processing Agreement

For Educational Institutions, student data processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference.

The DPA defines:

• The roles and responsibilities of the Institution (Data Controller) and Eleve (Data Processor)
• How student data is collected, processed, and protected
• Security measures and breach notification procedures
• Data retention and deletion policies
• Compliance with FERPA and COPPA requirements

View the complete Data Processing Agreement →

5. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information.

Read our Privacy Policy →

Key privacy commitments:

• We do not sell, rent, or trade student information
• We use encryption to protect data in transit and at rest
• We process student data only for educational purposes
• We comply with FERPA, COPPA, and applicable state privacy laws

6. Content Ownership and License

6.1 User Content

You retain all ownership rights to content you upload to the Service ("User Content"), including videos, comments, and other materials. By uploading User Content, you grant Eleve a limited license to:

• Store and display User Content as necessary to provide the Service
• Share User Content with authorized users within your Educational Institution
• Process and optimize User Content for platform performance

This license terminates when you delete User Content or terminate your account, except for content shared with other users (which remains accessible to them) and backups retained for disaster recovery.

6.2 Eleve Content

The Service itself, including its design, features, software, and documentation, is owned by Eleve and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7. Limitation of Liability

7.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar issues transmitted through the Service by any third party
• Any errors or omissions in any content or for any loss or damage incurred from use of content

7.3 Liability Cap

IN NO EVENT SHALL ELEVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO ELEVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

7.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

8. Indemnification

8.1 User Indemnification

You agree to indemnify, defend, and hold harmless Eleve, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any User Content you upload or share through the Service

8.2 Educational Institution Indemnification

Educational Institutions additionally agree to indemnify Eleve for claims arising from:

• Failure to obtain necessary consents from parents/guardians or students
• Improper disclosure or use of student data by the Institution's staff
• The Institution's failure to comply with FERPA or other applicable privacy laws
• Educational decisions made using data from the Service

9. Service Boundaries and Disclaimers

9.1 Educational Purpose

Eleve is a technology platform designed to support educational and athletic training programs. We do not:

• Provide educational instruction or coaching services directly
• Make educational decisions on behalf of institutions
• Guarantee any specific educational outcomes or student progress
• Certify or credential students, coaches, or institutions

9.2 User-Generated Content

Eleve is not responsible for:

• The accuracy, quality, or appropriateness of User Content
• Monitoring or moderating all content uploaded by users
• Interactions between users outside our platform
• The professional qualifications of coaches or staff using the platform

While we may remove content that violates these Terms, we are under no obligation to pre-screen or monitor all content.

9.3 Third-Party Services

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of any third-party services.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at support@tryeleve.com. Upon termination, you will lose access to the Service and your User Content will be handled according to our data retention policies.

10.2 Termination by Eleve

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Pose a security or legal risk to Eleve or other users
• Fail to pay any applicable fees (for paid services)

10.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We will make User Content available for export for 30 days (for Educational Institutions)
• After 30 days, User Content may be permanently deleted
• Provisions of these Terms that should survive termination (including indemnification and limitation of liability) will continue to apply

11. Changes to These Terms

We may revise these Terms from time to time. Material changes will be communicated to active users via email at least 30 days before they take effect.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Service.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions.

12.2 Dispute Resolution

In the event of a dispute, you agree to first contact us at support@tryeleve.com to attempt to resolve the matter informally. If a dispute cannot be resolved within 30 days, parties agree to negotiate in good faith to reach a mutually acceptable resolution.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Eleve regarding the Service.

13.2 Severability

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

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14. Contact Us

If you have questions about these Terms of Service:

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