Elenqa Terms of Service

Effective Date: September 12, 2025

1) Introduction and Definitions

These Terms of Service ("Terms") govern access to and use of the Elenqa platform (the "Service"), provided by Boundless Friends Corp. ("Boundless," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms.

  • Service: The Elenqa website and applications for AI‑assisted oral assessment and debate.
  • Institution: A school, district, university, tutoring business, or other organization that provisions educator and student access.
  • Educator: An instructor, teacher, tutor, or administrator using the Service for instruction.
  • Student: An end user completing assignments issued by an Educator/Institution.
  • Assignment: A prompt, rubric, schedule, and settings configured by an Educator.
  • Attempt: A Student’s work session, which may be saved as a draft or submitted as a finalSubmission for grading.
  • Recording: Audio captured during an Attempt. Transcript means text derived from a Recording.
  • Student Data: Personally identifiable information about Students plus Recordings, Transcripts, Submissions, grades, and feedback created in the context of school activities.

2) Who may use the Service

You must be at least 18 years old to create an Educator account. Student accounts may be used by individuals under 18 only with Institution or parental consent, and solely for educational purposes. By inviting or onboarding Students, the Institution represents it has all required permissions and consents (including any applicable COPPA and FERPA obligations in the U.S. or similar laws elsewhere).

3) Accounts and security

Provide accurate information, keep credentials confidential, and promptly notify us of suspected compromise. You are responsible for all activity under your account. Institutions may control and administer accounts for their members.

4) Acceptable use

You agree not to:

  • Violate laws; harass, threaten, or harm others; or submit unlawful content.
  • Record anyone without required notice/consent under applicable law or school policy.
  • Interfere with fairness features (e.g., attempt limits, timers) or circumvent controls.
  • Reverse engineer, probe, or disrupt the Service or its infrastructure.
  • Upload malware or attempt to access data you do not own or have rights to access.

AI outputs may be incorrect or inappropriate in some contexts. Use professional judgment. Educators retain final grading authority.

5) Content ownership and licenses

You retain ownership of content you submit or create in the Service, including prompts, Assignments, Attempts, Submissions, Recordings, Transcripts, grades, and feedback (collectively, "User Content"). You grant Boundless a worldwide, non‑exclusive license to host, process, transmit, and display User Content solely to operate the Service, provide support, secure the Service, comply with law, and as directed by the Institution. We do not sell User Content or use Student Data for advertising.

Unless an Institution explicitly opts in, we do not use Student Data to train our or third‑party generalized AI models. We may use de‑identified, aggregated data to improve reliability and safety of the Service.

6) Recording notice and consent

By starting an Attempt, you acknowledge and consent to audio recording and transcription for educational purposes, including review by Educators and administrators at your Institution. Do not record or share sensitive personal information not needed for the assignment. Elenqa does not create or use "voiceprints" for identity verification or biometric profiling.

Institutions control retention of Recordings and Transcripts and may configure deletion windows. If no setting is configured, our defaults are: Recordings retained up to 180 days; Transcripts/grades retained for the life of the account unless deletion is requested by the Institution. See the Privacy Policy for details.

7) Student Data; School Official role (FERPA)

When an Institution uses the Service for students, Boundless acts as a "school official" with a legitimate educational interest under FERPA. Student Data remains under the control of the Institution. We use Student Data only to deliver and improve the Service for the Institution, and not for targeted advertising. Requests by parents or eligible students to access, correct, or delete Student Data should be directed to the Institution.

8) Third‑party providers

The Service uses third‑party processors for hosting, storage, authentication, and AI processing, including providers such as Vercel (hosting), Railway (backend hosting), Supabase (database, auth, storage), and OpenAI (speech and language processing). Your use of the Service authorizes these sub‑processors to handle data on our behalf to operate the Service. We remain responsible for their compliance with our written instructions.

9) Beta features and changes

Some features may be offered as beta or pre‑release. They are provided "as is" and may change or be discontinued. We may modify the Service or these Terms to reflect changes in features or law. We will provide notice of material changes via email or in‑product notice. Your continued use after the effective date constitutes acceptance.

10) Suspension and termination

We may suspend or terminate access for violations of these Terms, suspected fraud, security risk, or to comply with law. Institutions may terminate accounts they administer. Upon termination, we will delete or return institution‑controlled data per the Privacy Policy and applicable data processing commitments.

11) Intellectual property

The Service, documentation, and underlying technology are owned by Boundless or its licensors and are protected by intellectual property laws. Except for rights expressly granted, no license is implied. Do not copy, modify, or create derivative works from the Service.

12) Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT AI OUTPUTS OR SCORES ARE ERROR‑FREE.

13) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BOUNDLESS NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE GREATER OF: (A) AMOUNTS PAID BY THE INSTITUTION TO USE THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) $100.

14) Indemnification

You will defend, indemnify, and hold Boundless harmless from claims arising out of your misuse of the Service, violation of law, or infringement of rights of others.

15) Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflicts of law. Except where prohibited by law or where a different venue is required by an Institution agreement, disputes will be resolved by binding arbitration on an individual basis (no class actions) in Austin, Texas, or by virtual proceedings.

16) Contact

Boundless Friends Corp.

Contact us via the in‑app “Contact Support” or “Privacy Request”.