Terms of Service

Effective Date: August 29, 2026

1. Introduction & Acceptance

Welcome to ellivian.com (“we,” “us,” or “our”), an AI-powered educational content generation platform provided by Ellivian Inc., a company registered in Ontario, Canada.

By accessing, registering for, or using our services (the “Service”), you (“you” or “User”) agree to be bound by these Terms of Service (“Terms”).

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS WHERE PERMITTED BY LAW. PLEASE READ THEM CAREFULLY.

If you do not agree to these Terms, you must strictly stop using the Service.

2. Eligibility (Age Limitation)

The Service is strictly intended for individuals who have reached the age of majority in their jurisdiction of residence (18 years old in Ontario/Quebec, 19 in some other provinces).

By using the Service, you represent and warrant that:

1. You are at least the age of majority in your jurisdiction.
2. You have the legal capacity to enter into a binding contract.
3. You are not a minor. If we discover that a user is under the age of majority, we will immediately terminate the account and delete all associated data in compliance with our Privacy Policy.

3. The Service & AI Disclaimer

ellivian.com uses Artificial Intelligence (AI) to generate educational content, audio narration, and quizzes based on user inputs.

3.1 No Guarantee of Accuracy (“Hallucinations”)

You acknowledge that AI models may occasionally produce incorrect, misleading, or biased information (“Hallucinations”). We do not guarantee the accuracy, completeness, or historical correctness of any course, audio, or quiz generated by the Service.

• User Responsibility: It is your sole responsibility to review and fact-check all AI-generated content before publishing, sharing, or relying on it for educational purposes.
• Educational Use Only: The Service is for informational and educational aids only and should not replace professional advice or accredited educational curriculums.

3.2 Service Availability

We use third-party providers (e.g., OpenAI, Google, Microsoft Azure, ElevenLabs) to power our AI generation, text-to-speech, and hosting features. We cannot guarantee 100% uptime and are not liable for interruptions caused by these third-party APIs.

3.3 Third-Party Links, Experts & Sponsorships

The Service may contain links to third-party websites, advertisers, or allow connections with Subject Matter Experts (SMEs).

• No Endorsement: We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services.
• Independent Experts: Any tutors, consultants, or SMEs found via the Service are independent contractors and are not employees or agents of Ellivian Inc.
• No Professional Advice: Communications with Experts are for educational support only. They do not constitute professional legal, financial, or medical advice.
• Release of Liability: You agree that Ellivian Inc. is not responsible for any loss or damage arising from your dealings with such third parties. You engage with them at your own risk.

3.4 Compliance, Legal, HR & Safety Content (No Accreditation)

The Service can generate content on regulatory, compliance, human resources, health & safety, and similar subject matter (for example, workplace harassment, DEI, WHMIS/OHS, privacy, or anti-money-laundering topics). You expressly acknowledge and agree that:

• Not Accredited or Certified: Unless a specific course is expressly marked as accredited by a named accrediting body, no content generated or supplied through the Service is accredited, certified, approved, or endorsed by any government, regulator, standards body, or professional association. Completion of a course does not confer any legally recognized certification, licence, or credential.
• Not Legal, HR, Medical or Safety Advice: All content is provided for general informational and training-support purposes only. It is not legal advice, HR advice, medical advice, or a professional safety assessment, and it does not create a solicitor-client or other professional relationship.
• Jurisdictional Variance: Compliance obligations differ by country, province, state, industry, headcount, and over time. Content may reflect general principles that are inaccurate, incomplete, or out of date for your jurisdiction or circumstances.
• Mandatory Human Review: Before you deliver, distribute, assign, or rely on any compliance-related content, you must have it reviewed and approved by qualified legal counsel or a qualified compliance professional. You are solely responsible for determining whether the content satisfies any training obligation applicable to you or your organization.
• No Assurance of Compliance: We make no representation or warranty that use of the Service, or of any content it produces, will satisfy any statute, regulation, standard, audit, insurance requirement, or contractual training obligation, or that it will prevent, defend, or mitigate any claim, investigation, penalty, or lawsuit.

3.5 Turnkey Course Packages & Professional Services

Where we prepare, curate, bundle, or deliver courses on your behalf (including SCORM, xAPI, or similar exportable packages, whether generated automatically or with our assistance), those deliverables are supplied on the same “AS IS” basis and are subject to Section 3.4 in full.

• Acceptance by Review: Deliverables are provided as drafts for your review. Your distribution, deployment to an LMS, or assignment of a deliverable to any learner constitutes your acceptance that you have reviewed and approved it as fit for your purpose.
• You Are the Employer/Publisher: As between you and us, you are the party responsible to your learners, employees, regulators, auditors, and customers for the content you distribute. We are a content-generation tool and supplier only, and we do not assume any of your legal, regulatory, or employer obligations.
• Technical Compatibility: We do not warrant that any exported package will function in every LMS, player, or version, or that it will remain compatible following third-party updates.

3.6 Bring Your Own Key (BYOK)

The Service may allow you to supply your own third-party AI provider API keys (“BYOK”).

• Your Account, Your Costs: All usage charges, rate limits, quotas, and overages incurred on your keys are solely your responsibility. We are not liable for any charges, throttling, suspension, or termination imposed by the provider.
• Provider Terms: You represent that your use of your keys through the Service complies with the applicable provider’s terms of service and acceptable use policies.
• Key Handling: You are responsible for the security, rotation, and revocation of your keys, and for promptly revoking any key you believe to be compromised. We store and transmit keys using commercially reasonable safeguards but provide no warranty against unauthorized access.
• Output Variability: Content produced through BYOK depends on models, versions, and settings outside our control. Sections 3.1 and 3.4 apply to that content without limitation.

4. User Accounts & Security

To access certain features, you may be required to register an account via OAuth (Google, GitHub, etc.) or email.

• Shadow Accounts: If you start a course as a guest, we may create a temporary “Shadow Account” linked to your email to save your progress. You agree that we may store this data to facilitate your future registration.
• Security: You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorized use of your account.

5. Intellectual Property (Ownership)

5.1 Your Content (Input)

You retain ownership of any text, files, or data you upload to the Service (“User Input”). You grant us a worldwide, royalty-free license to process this Input solely for the purpose of generating your requested content.

5.2 AI-Generated Content (Output)

Upon full payment of applicable fees (if any), we assign to you all rights, title, and interest in the output generated by the Service for your specific inputs (e.g., the generated audio files and text).

• License to Us: You grant ellivian.com a perpetual, non-exclusive license to host, display, and perform this content on our platform to provide the Service to the users of ellivian.com.

5.3 Platform Rights

We retain all rights to the underlying software, code, algorithms, site design, and “Look and Feel” of the Service. You may not reverse engineer or copy our source code.

6. Prohibited Activities

You agree not to use the Service to:

1. Generate content that is illegal, hate speech, sexually explicit, or defamatory.
2. Attempt to “jailbreak” or manipulate the AI to bypass safety filters.
3. Scrape, collect, or harvest data from other users.
4. Reverse engineer the Service to build a competitive product.

Violation of this section will result in immediate ban without refund.

7. Payment & Refunds

• Fees: Some features are paid (e.g., “Lifetime Deals”, “Subscriptions”). You agree to pay all fees associated with your plan.
• No Refunds on Used Tokens: Due to the direct cost of AI generation, we do not offer refunds for “credits” or “tokens” that have already been used to generate content.
• Subscription Cancellation: You may cancel your subscription at any time. You will retain access until the end of the current billing cycle.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING THE CONSUMER PROTECTION ACT OF QUEBEC):

1. “AS IS” Basis: The Service is provided “AS IS” without warranties of any kind, express or implied.
2. Liability Cap: In no event shall Ellivian Inc. be liable for any indirect, incidental, special, or consequential damages (including loss of data or profit). Our total cumulative liability to you shall not exceed the amount you paid to us in the 12 months preceding the claim.
3. AI Output: We are specifically not liable for any errors, omissions, or damages resulting from your use of AI-generated content.
4. Compliance Outcomes: Without limiting the foregoing, we are not liable for any fine, penalty, sanction, adverse audit finding, regulatory action, employment or labour claim, human-rights complaint, workplace injury, or any other loss arising from the content, adequacy, currency, or delivery of any compliance, HR, safety, or regulatory training obtained through the Service, whether generated by you or supplied by us.
5. Essential Basis: You acknowledge that the fees charged for the Service reflect this allocation of risk, and that we would not provide the Service on these terms without it.

9. Indemnification

You agree to defend, indemnify, and hold harmless Ellivian Inc., its officers, directors, employees, contractors, and suppliers from and against any and all claims, demands, actions, investigations, liabilities, damages, penalties, losses, and costs (including reasonable legal fees) arising out of or related to:

1. Your User Input, or any content you generate, modify, distribute, publish, sell, or assign to learners using the Service;
2. Your use of, or reliance on, any compliance, HR, safety, or regulatory content, including any claim by an employee, learner, customer, regulator, auditor, or third party that such training was inaccurate, inadequate, discriminatory, or non-compliant;
3. Your breach of these Terms or of any applicable law, regulation, or third-party right (including any AI provider’s terms under Section 3.6); and
4. Any failure by you to obtain the legal or professional review required under Section 3.4.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of that claim. This Section survives termination of your account.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada.

• Dispute Resolution: Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts located in Montreal, Quebec.

11. Contact Us

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

Ellivian Inc. Email: support@ellivian.com Address: Ontario, Canada