Ello Terms of Service

1. Introduction

Welcome to Ello! Please read these Terms of Service (the “Terms”) carefully before using the services offered by Ello Technology, Inc. (“we,” “our,” or “us,” or “Ello”), the providers and operators of the services. These Terms govern your access to, use and/or registration to our website, related websites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all our products, software or services (collectively the “Services”).

By accessing, downloading, installing, purchasing, or otherwise using the Services, you acknowledge that you have read, understood, agree with and accept to be bound and governed by these Terms. If you do not accept these Terms, then you may not use or access our Services.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, “you” and “your” also refer to that organization.
Persons under 18 years of age may use the Services only in conjunction with and under the supervision of a parent or legal guardian. By providing consent for your child's use of the Services, you agree to these Terms on their behalf.
Your purchases and/or use of the Services is not contingent upon the delivery of any future functionality or features, nor dependent on any oral or written statements regarding future functionality or features.
If you have entered into a separate written agreement with Ello for use of the Services, that agreement shall prevail over any conflicting provisions in these Terms. ‍
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. In the event of a conflict, those additional terms will govern solely with respect to the applicable feature.
ARBITRATION NOTICE: EXCEPT AS OTHERWISE PROVIDED IN THE ARBITRATION CLAUSE BELOW, DISPUTES BETWEEN YOU AND ELLO WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Description of Services

Ello provides access to an AI powered, real-time automated learning application (the “Ello App”). Our goal is to offer a high quality learning experience for children, supported by a virtual learning companion.

Note that if you access the Ello App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Ello App features may be prohibited or restricted by your network provider and not all Ello App features may work with your network provider or device.

3. Your Account

In the course of registering for or using the Services, you may be required to provide certain information, including your name, email address, phone number, valid mailing address, credit card information, child’s first name, child’s grade and reading level, child’s interest, username and password (“Credentials”). Ello handles such information with the utmost attention, care and security. Please review our Privacy Policy which sets out the terms on which Ello processes and protects your and your child’s personal information.

You are solely responsible for maintaining and protecting your Credentials and for all your account activities in connection with the Services. You agree to keep your account information accurate and up to date. You agree to immediately notify Ello if you suspect unauthorized use of your Credentials, account or any breach of security. Ello is not liable for any loss or damage resulting from your failure to safeguard your Credentials.

4. Ello Subscription - Service Fee & Payment

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION UNLESS CANCELED PRIOR TO THE RENEWAL DATE INDICATED IN YOUR ACCOUNT’S SUBSCRIPTION MANAGEMENT PAGE.

You remain solely responsible for all charges incurred through your account and payment methods. We will not be liable for any unauthorized use, including those made by your children or others, of your credit card, PayPal account, or other payment platforms in connection with the Services. You may report unauthorized use to us, and we will take commercially reasonable steps within our control to help prevent future unauthorized transactions. However, we do not guarantee reimbursement or prevention of such unauthorized transactions.

We use a third-party payment processor (currently Stripe and Apple Pay) to handle payment transactions. By submitting your payment information, you grant Ello the right to store and process your information through such third-party payment services. Ello will not be responsible for any failures by the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. We may change payment processors and transfer your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

You are responsible for payment of Service Fees, and any state and local sales taxes that apply to your purchase. If we do not collect the applicable sales tax, you are responsible for paying any applicable use taxes.

5. Content

The Services may include information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) provided by Ello or its suppliers (“Ello-Supplied Content”). While Ello strives to keep the Ello-Supplied accurate, complete, and up-to-date, Ello does not guarantee its accuracy, completeness, or timeliness. Ello may update, modify, or discontinue Ello-Supplied Content at its discretion.

You may create, link to, transmit, record, upload, publish, distribute or display information (such as data files, written text, software, music, audio files or other sounds, photographs, videos or other images) through the Services (“User Content”). You represent and warrant that you have all necessary rights to upload User Content and that such content does not infringe any third-party rights.

You are solely responsible for all User Content and any consequences of your actions (including any loss or damage which Ello may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you are responsible for the actions of associated Users and their User Content.

You shall not, and must ensure associated Users do not, knowingly use the Services to send, receive, access or disseminate any (i) material that is offensive, abusive, indecent, obscene, menacing, fraudulent, or in breach of any laws, regulations or common standards or (ii) viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any information or our systems.