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Elwyn AI - Terms and Usage Policy

Last updated: 2025-Feb-20

1. Introduction

Welcome to Elwyn.ai! These Terms and Usage Policy ("Terms") govern your access to and use of the Elwyn.ai platform, including all related websites, applications, services, and tools (collectively, the "Platform"). By accessing or using the Platform, you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Description of Elwyn.ai

Elwyn.ai is an AI-powered platform designed to empower individuals and businesses to improve their communication skills through AI-driven assessments, training, and coaching. The Platform offers features including, but not limited to:

  • AI Coaching Mode
  • Elwyn Studio (for creating custom scenarios and assessments)
  • Personalized learning experiences
  • Data-driven insights

3. Account Registration and Use

  • Eligibility: You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are 18 years of age or older.
  • Account Creation: To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Elwyn.ai immediately of any unauthorized access to or use of your account.
  • Permitted Use: You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Platform complies with all applicable laws, rules, and regulations.

4. Data Privacy and Usage

  • Data Collection: Elwyn.ai collects and processes various types of user data, including:
    • Personal Information: Name, email address, contact information, and other information provided during registration or use of the Platform.
    • Usage Data: Information about your use of the Platform, such as the features you use, the content you access, and the time you spend on the Platform.
    • Assessment Data: Data generated from your use of the AI-powered assessments, including responses to questions, performance metrics, and feedback.
  • Data Usage: Elwyn.ai uses your data for the following purposes:
    • To provide and improve the Platform.
    • To personalize your learning experience.
    • To analyze usage patterns and trends.
    • To communicate with you about the Platform and related services.
    • To comply with applicable laws and regulations.
  • Data Security: Elwyn.ai takes reasonable measures to protect your data from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure.
  • Data Sharing: Elwyn.ai may share your data with third-party service providers who assist us in providing the Platform. These service providers are contractually obligated to protect your data and to use it only for the purposes for which we disclose it to them. Elwyn.ai will not sell your personal data to third parties.
  • Data Retention: Elwyn.ai will retain your data for as long as necessary to provide the Platform and to comply with applicable laws and regulations.

5. Content Ownership and Rights

  • Elwyn.ai Content: The Platform contains content owned by Elwyn.ai, including but not limited to text, graphics, logos, images, software, and AI models (the "Elwyn.ai Content"). Elwyn.ai Content is protected by copyright, trademark, and other intellectual property laws. You may not use Elwyn.ai Content without our express written permission.
  • User-Generated Content: You may be able to create content on the Platform, such as custom scenarios and assessments (the "User-Generated Content"). You retain ownership of your User-Generated Content.
  • License to User-Generated Content: By creating User-Generated Content on the Platform, you grant Elwyn.ai a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User-Generated Content in connection with the Platform.
  • Content Responsibility: You are solely responsible for your User-Generated Content and the consequences of posting or publishing it. You represent and warrant that your User-Generated Content does not infringe the rights of any third party.

6. User Responsibilities and Conduct

  • Prohibited Activities: You agree not to engage in any of the following prohibited activities:
    • Using the Platform for any illegal or unauthorized purpose.
    • Interfering with or disrupting the operation of the Platform.
    • Attempting to gain unauthorized access to the Platform or its systems.
    • Transmitting viruses or other malicious code.
    • Collecting or harvesting any information about other users.
    • Using the Platform to create or disseminate content that is defamatory, libelous, harassing, abusive, obscene, or otherwise objectionable.
    • Reverse engineering, decompiling, or disassembling any part of the Platform.
  • Compliance with Laws: You are responsible for complying with all applicable laws, rules, and regulations in your use of the Platform.

7. Payment and Subscription Terms

  • Pricing: The pricing for the Platform is described in the Pricing & Partnerships page. Elwyn.ai reserves the right to change its pricing at any time.
  • Subscription: Access to certain features of the Platform may require a subscription. Subscriptions are typically billed on a recurring basis (e.g., monthly or annually).
  • Payment: You agree to pay all fees and charges associated with your subscription in a timely manner.
  • Cancellation: You may cancel your subscription at any time. However, you will not be entitled to a refund for any unused portion of your subscription.
  • Free Trials: Elwyn.ai may offer free trials of the Platform. The terms of any free trial will be specified at the time of offer.

7.1 Subscription Cancellation Policy

A. How to Cancel

  • Users can cancel their subscription through:
    • The account settings page on Elwyn.ai
    • Emailing our support team at support@elwyn.ai
    • Contacting their assigned account manager (for Enterprise accounts)
  • Cancellation requests must be submitted at least 10 business days before the next billing cycle

B. Effect of Cancellation

  • Upon cancellation:
    • Access to the Platform continues until the end of the current billing period
    • No partial refunds are provided for unused portions of the current billing period
    • All data and content will remain accessible until the end of the billing period
    • Users can download their data within 7 days after the subscription ends
    • After 7 days, user data may be deleted or anonymized according to our data retention policy

C. Enterprise Subscriptions

  • Enterprise customers must provide written notice of cancellation 30 days before the end of their current term
  • Early termination fees may apply as specified in the Enterprise Agreement
  • Custom content and configurations will be archived for 90 days after subscription end date

D. Free Trial Cancellations

  • Users may cancel their free trial at any time during the trial period
  • If cancelled during the trial period:
    • No charges will be applied
    • Access continues until the end of the trial period
  • If not cancelled before the trial period ends:
    • The account automatically converts to a paid subscription
    • Standard billing begins according to the selected plan

E. Refund Policy

  • Standard subscriptions: No refunds for partial months or unused periods
  • Annual subscriptions: Pro-rated refunds may be considered on a case-by-case basis
  • Exceptions:
    • Technical issues preventing service access
    • Billing errors
    • Other circumstances as determined by Elwyn.ai management

F. Account Status After Cancellation

  • Read-only access to personal data for 7 days post-cancellation
  • Option to reactivate account within 14 days of cancellation
  • After 90 days:
    • Account permanently deactivated
    • Data handled according to our data retention policy
    • Reactivation requires new account setup

G. Cancellation Due to Terms Violation

  • Elwyn.ai reserves the right to cancel subscriptions for:
    • Violation of these Terms
    • Abuse of the Platform
    • Non-payment
    • Other violations as determined by Elwyn.ai
  • In case of cancellation due to violations:
    • Immediate access termination may occur
    • No refunds will be issued
    • Legal action may be pursued if necessary

H. Price Changes and Plan Modifications

  • Users will be notified of any price changes at least 30 days in advance
  • Users may cancel without penalty if they do not agree to price changes
  • Plan downgrades:
    • Take effect at the start of the next billing cycle
    • May result in loss of features or capacity
    • Subject to any minimum term commitments

I. Communication

  • All cancellation requests will be acknowledged within 14 business days
  • Users will receive email confirmation of:
    • Cancellation request receipt
    • Effective cancellation date
    • Final access date
    • Data retention period
    • Reactivation options

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELWYN.AI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

IN NO EVENT SHALL ELWYN.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, EVEN IF ELWYN.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELWYN.AI'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO ELWYN.AI IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Elwyn.ai, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the Platform or your breach of these Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of Indonesian Government.

12. Modifications to Terms

Elwyn.ai reserves the right to modify these Terms at any time. We will post any changes to these Terms on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms.

13. Termination

Elwyn.ai may terminate your access to the Platform at any time, with or without cause.

14. Contact Information

If you have any questions about these Terms, please contact us at support@elwyn.ai.