Terms of Service

Agreement to Terms

These Terms apply to all visitors, users, teachers, students, and others who access or use the Service. Teachers who create accounts on behalf of students represent that they have the authority to bind those students to these Terms.

Description of Service

ELL Speak is an educational platform for K-5 teachers and English Language Learners. It provides speaking and listening activities, classroom tools, progress tracking, and related features.

Accounts and Responsibilities

Teachers create and manage student accounts, are responsible for account security, and must comply with applicable laws including COPPA. Students access the platform through teacher-assigned credentials.

Prohibited Activities

• Violating any applicable laws or regulations
• Using the Service for unauthorized commercial purposes
• Attempting to gain unauthorized access to the Service or another account
• Uploading malicious code or interfering with the Service
• Using automated means to access the Service without permission
• Circumventing security features of the Service
• Bullying, harassing, or intimidating other users

User Content and Student Recordings

You retain ownership of content you submit. You grant ELL Speak the limited rights needed to store and provide the Service. Student recordings are educational records and are handled according to our Privacy Policy and COPPA Notice.

Disclaimers and Limitation of Liability

The Service is provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, timely, secure, error-free, or meet every specific requirement. To the extent permitted by law, our total liability will not exceed the amount you paid us in the twelve months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless ELL Speak and its owners, operators, employees, and affiliates from claims arising from your use of the Service, violation of these Terms or third-party rights, uploaded content, or failure to obtain proper parental consent.

Privacy & COPPA Compliance

Our collection and use of personal information is governed by our Privacy Policy and COPPA Notice, which is incorporated into these Terms by reference.

Termination and Data Deletion

We may terminate or suspend an account immediately for a breach of these Terms. Upon termination, the right to use the Service ceases.

• All student accounts and associated data linked to a terminated teacher account will be permanently deleted within 30 days of account closure.
• Student voice recordings are deleted within 30 days of the associated student account being removed.
• Teachers may request immediate deletion by contacting us at privacy@ellspeak.com.

Data Breach Notification

If a security breach affects student personal information, ELL Speak will:

• Promptly investigate and contain the breach
• Notify affected teachers via email within 72 hours of becoming aware of a confirmed breach involving student data
• Provide a description of the type of data involved, the likely consequences, and the measures taken or proposed to address the breach
• Cooperate with applicable state and federal notification requirements

Teachers are responsible for notifying parents in accordance with their school or district policies.

Changes to Terms

We may modify these Terms. For material revisions, we will provide at least 30 days' notice before the new terms take effect. Continued use after the effective date means you agree to the revised Terms.

Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law provisions. If any provision is unenforceable, the remaining provisions remain in effect.

Contact Us

For questions about these Terms, please use the contact form. For privacy-related inquiries, email privacy@ellspeak.com.