Legal

Terms of Service

Effective June 9, 2022

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of Alelo Inc.’s (“Alelo,” “we,” “us,” “our”) website at alelo.com (the “Corporate Site”), your access to and use of our Enskill educational platform (the “Enskill Platform,”), your engagement with our content, and/or your use of any of our products or services (collectively, the “Service”). 

IF YOU REGISTER, APPROVE, OR CONSENT TO REGISTRATION OF ANY ACCOUNT BELONGING TO AN INDIVIDUAL UNDER 18 (A “STUDENT USER”) YOU REPRESENT AND WARRANT THAT (I) YOU ARE SUCH STUDENT USER’S PARENT OR LEGAL GUARDIAN, OR YOU ARE AUTHORIZED TO ACT AS THE AGENT FOR THE STUDENT USER’S PARENT OR LEGAL GUARDIAN, AND (II) YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH STUDENT USER. We offer the Service to you and your Student User(s), as applicable, under these Terms.

This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these terms and your agreement to all of its terms and conditions on your own behalf and on behalf of your Student User(s). If you do not agree to all of these terms, you are not authorized to use the Service and you must promptly cease using it.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below.  Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

  1. Your Access to the Service
  2. Permitted Use and Restrictions
  3. Privacy
  4. Accounts
  5. User Recordings
  6. Idea Submissions
  7. Intellectual Property Rights
  8. Third-Party Sites and Services
  9. Notice for California Residents Pursuant to California Civil Code Section 1789.3
  10. Indemnity
  11. Warranty Disclaimer
  12. Limitation of Liability
  13. Termination
  14. Communication Between Us
  15. Governing Law
  16. Dispute Resolution
  17. Other Important Terms
  18. Changes to These Terms
  19. Contact Information

  1. Your Access to the Service
    1. Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur. 
    2. Your Device. Alelo is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
    3. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

  2. Permitted Use and Restrictions
    1. License Grant. Subject to the terms and conditions of these Terms, Alelo hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
    2. Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Alelo in its sole discretion.
    3. Eligibility. In order to access and use the Service or register an account you must be an individual at least 18 years of age and able to enter into legally binding contracts. If you are under 18 years of age, you may only use the Service with the involvement, supervision, and approval (including, where applicable, verifiable consent) of a parent or legal guardian or a person authorized to act as an agent for the parent or legal guardian. 
    4. Investigations. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 13 (Termination) below.
    5. Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Alelo has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

  3. Privacy
    1. These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

  4. Accounts
    1. Enskill Accounts. To use certain features of the Services, including the Enskill Platform, you may be required to create an Enskill account and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. If you register, approve, or consent to the registration of any Student User, you represent and warrant on your behalf and on behalf of such Student User(s), that all information you or the Student User provides is true, accurate, current, and complete and all such information will be maintained and updated to keep such information true, accurate, current, and complete. You acknowledge that Alelo may, but is not obligated to, make inquiries, either directly or indirectly (such as through third parties), to validate your or any Student User’s registration information. 
    2. Account Security. Maintaining account security is very important. You and any Student User are solely responsible for maintaining the confidentiality of account passwords. You agree to notify Alelo immediately if you become aware of any unauthorized use of your password or your account or any Student User’s password or account.
    3. Account Sharing and Transfers. Accounts are registered to individuals personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You and any Student User(s) may not share accounts with, or disclose account passwords, to anyone else.
    4. Account Termination. Alelo may terminate your account and/or any Student User account(s) at any time for any reason or no reason, including if: (i) Alelo determines that you are or the Student User is (A) in breach of or otherwise acting inconsistently with these Terms or (B) engaging in fraudulent or illegal activities or other conduct that may result in liability to Alelo; (ii) Alelo determines it is required by law to terminate your account and/or the Student User’s account; or (iii) Alelo decides to stop providing the Service or critical portions of the Service. When terminating an account, Alelo may delete the account and the information in it. You and your Student User(s) have no ownership rights to your accounts.

  5. User Recordings
    1. Some functionality of Alelo’s Services depends upon recording speech into a Device. This feature may use the Microsoft Bing Speech, the Google Cloud Speech, or Apple Speech APIs to perform speech recognition. When you use the speech recognition feature, the things you say will be recorded and sent to Microsoft, Google, and/or Apple in order to convert what you say into text, to process your requests, and to provide the Service to you. Alelo also uses speech recordings to improve the speech recognition functionality in other Alelo products and services. 
    2. If you have provided your consent to participate in research, we may share speech recordings with research organizations for research purposes. When you agree to participate in research, personal information that could directly identify you (such as your name, email address and username) will be removed or changed before the speech recordings are provided to the research organizations. In addition, the research organizations may only use the speech recordings for research purposes and may not otherwise disclose or sell the speech recordings. Any research results will be aggregated and/or deidentified before they are disclosed or publicly released. 

  6. Idea Submissions
    1. We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
    2. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

  7. Intellectual Property Rights
    1. Trademarks. The Alelo name and logo and Enskill name and logo are trademarks and service marks of Alelo. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
    2. Ownership. You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Alelo, and are protected by intellectual property laws. You acknowledge and agree that Alelo, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Alelo has designated as confidential, and you agree not to disclose such information without Alelo’s prior written consent. Nothing posted on the Service grants a license to any Alelo trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel, or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Alelo. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

  8. Third-Party Sites and Services
    1. The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
    2. These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

  9. Notice for California Residents Pursuant to California Civil Code Section 1789.3
    1. Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

  10. Indemnity
    1. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

  11. Warranty Disclaimer
    1. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
    3. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
    4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

  12. Limitation of Liability
    1. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ALELO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
    3. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
    4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ALELO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ALELO’s GOVERNING LAW PROVISION SET FORTH BELOW.
    5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

  13. Termination
    1. We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason.
    2. Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
    3. On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3, 7, and 10-17 will survive any termination or expiration of these Terms.

  14. Communication Between Us
    1. If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us as indicated in Section 19 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

  15. Governing Law
    1. These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). You and Alelo agree that, except as otherwise provided below, the state and federal courts located in the County and City of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Alelo shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

  16. Dispute Resolution
    1. Concerns. Most user concerns can be resolved quickly by contacting us at the contact details in Section 19 (Contact Information).
    2. Arbitration Procedures. In the event your concern cannot be resolved informally, you and Alelo agree that, except as provided in Section 16(e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 16 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

      Except as otherwise set forth in Section 16(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Alelo will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Alelo may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

      IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

    3. Location. The arbitration will take place in the County and City of Los Angeles, California unless the parties agree to video, phone, or internet connection appearances.
    4. Limitations. You and Alelo agree that any arbitration shall be limited to the Claim between Alelo and you individually. YOU AND ALELO AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
    5. Exceptions to Arbitration. You and Alelo agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
    6. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
    7. Severability. You and Alelo agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 16(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16(e) is found to be illegal or unenforceable then neither you nor Alelo will elect to arbitrate any Claim falling within that portion of Section 16(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County and City of Los Angeles, California, United States of America, and you and Alelo agree to submit to the personal jurisdiction of that court.

  17. Other Important Terms
    1. Assignment. The rights granted to you under these Terms may not be assigned without Alelo’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    2. Severability. Except as otherwise provided in Section 16(g), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
    3. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 16(f), the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
    4. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Alelo of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
    5. Equitable Remedies. You acknowledge and agree that Alelo would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    6. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Alelo with respect to the Service and supersedes any and all prior agreements between you and Alelo relating to the Service.
    7. Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

  18. Changes to These Terms
    1. We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice

  19. Contact Information
    1. If you have any questions or comments relating to the Service or these Terms, please contact us at the information below.

      Alelo Inc.
      2390 Las Posas Rd., Unit C
      P.O. Box 454
      Camarillo, CA 93010, USA
      DPO@alelo.com

Privacy Policy

Effective May 27, 2021

Alelo Inc. (referred to as "Alelo," "we," "us," "our") respects your privacy and values your trust. We are committed to ensuring that the personal information stored by our systems is suitably protected and used appropriately. The purpose of this Privacy Policy is to inform you of the treatment and handling of information that we may learn about you from using our Enskill educational platform (the "Enskill Platform"), our corporate website alelo.com (the "Corporate Site," and together with the Enskill Platform, our "Sites"), your engagement with our content, and/or by use of any of our services (collectively, the "Service"). If you have any questions regarding this information or our privacy practices, please see the section entitled Contact Information at the end of this Privacy Policy.

Section 8 of this Privacy Policy addresses Alelo's collection, treatment, and handling of information that we may learn about from children under 13.


Agreement to Terms

Information We Collect

Cookies

How We Use Your Information

How We Share Your Information

How We Store and Safeguard Your Information

Your Privacy Choices

Children's Privacy

Additional Disclosure for European Union (EU) and United Kingdom (UK) Residents

Third-Party Links

Effective Date and Changes to This Privacy Policy

How to Contact Us


Agreement to Terms

If you do not agree with the terms of this Privacy Policy or our Terms of Service, then you should immediately discontinue use of the Service without providing us any personally identifiable information.


Information We Collect

The information we may collect from you depends on your interaction with our content and, in particular, whether you use our Enskill Platform or visit our Corporate Site. We have described the information we collect from each of the Enskill Platform and our Corporate Site below.

You are not required to provide all of the personal information identified below to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests, allow you to register for the Enskill Platform, or provide you with promotional notice that we believe you may find valuable.

Information collected as part of the Enskill Platform

If you use our Enskill Platform, we may collect the following categories of information (a) directly from you (such as when you create an account, send communications to us, or complete surveys); (b) from the device and browser that you use to access the Enskill Platform, or (c) from cookies:

  • Identifiers. We may collect your name, email address, and account username and password.
  • Education Information. We may collect the name of the educational institution in which you are enrolled, the class in which you are enrolled, and your student identification number.
  • Audio Recordings and Inferences from Those Recordings. We may collect recordings of your speech for educational purposes, including to assess your performance and mastery of course learning objectives and to customize your educational plan.
  • Device Information. We may collect information from the device you use to access our Sites. This information may include online identifiers, IP address, browser and device type, and geolocation information.
  • Interaction with the Enskill Platform. We may collect information concerning your interaction with the Enskill Platform, including when you access the platform, which pages you visit, and your activity on the platform.

Information collected as part of our sales and marketing efforts, including through our Corporate Site

If you use our Corporate Site, we may collect the following categories of information (a) directly from you (such as when you request a product demonstration or otherwise send communications), (b) from the device and browser that you use to access our Corporate Site, or (c) from cookies:

  • Identifiers. We may collect your name, email address, and phone number.
  • Device Information. We may collect online identifiers, IP address, browser and device type, and geolocation information.
  • Interaction with our Corporate Site. We may collect information concerning your interaction with our Corporate Site, including when you access the site and which pages and content you view.

Cookies

A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional or analytical (as discussed in more detail below).

Cookies on our Sites are generally divided into the following categories:

  • Strictly Necessary Cookies. These are required for the operation of our Sites. They include, for example, cookies that enable you to log into password-protected portions of the Sites. These cookies are session cookies that are erased when you close your browser.
  • Functional Cookies. These improve the functional performance of our Sites and make it easier for you to use them. For example, cookies are used to remember that you previously visited the Sites and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for us to use during your next visit to one of our Sites. You can delete these cookies as detailed below.
  • Analytical/Performance Cookies. These allow us to recognize and count the number of users on our Sites and allow us to understand how such users navigate through our Sites (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Sites work, for example, by ensuring that users can find what they are looking for easily. We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/ and http://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics' collection and use of data generated by your use of the Site by going to https://tools.google.com/dlpage/gaoptout.

You can prevent the use of certain cookies by modifying your internet browser settings, typically under the sections "Help" or "Internet Options." If you disable or delete certain cookies in your internet browser settings, you may still access our Sites, however, you might not be able to access or use important functions or features of our Sites, and you may, for example, be required to re-enter your log-in details.

Do-Not-Track Signals

At this time, Alelo does not recognize automated browser signals regarding tracking mechanisms, which may include "do-not-track" instructions.


How We Use Your Information

We collect and use your personal information for the following purposes:

  • Provide the Enskill Platform and tailor the educational experience to you;
  • Provide services requested by or reasonably anticipated within the context of our relationship with you;
  • Manage your account, including tracking your username and password and learning history;
  • Manage our relationship with you and respond to your inquiries and requests;
  • Provide relevant promotional materials and other marketing;
  • Administer promotions, events, or surveys;
  • Assess the effectiveness of our social media programs;
  • Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible; and
  • Comply with legal and regulatory obligations.

How We Share Your Information

Alelo may share your personal information with the categories of third parties below.

  • Our subsidiary, Alelo TLT, LLC;
  • Service providers, including companies that host our Sites, IT outsourcing providers, speech recognition and speech-to-text processing providers, customer relationship management system providers, marketing providers, and web analytics providers;
  • If you use the Enskill Platform in connection with a course at an educational institution, we may share information from our Enskill Platform with your instructor and/or the educational institution in which you are enrolled.
  • If you have provided your consent to participate in research, we may share speech recordings with research organizations for research purposes.
  • Advisers and financial institutions, including legal, tax, auditors, risk and compliance, notaries, and business continuity support services;
  • Where permitted by applicable law, with third parties in connection with a corporate restructuring, sale, transfer, or assignment of assets or business merger, divestiture, or other changes to the company's control or financial status;
  • Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive, (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

How We Store and Safeguard Your Information

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. Unfortunately, the transmission of information via the Internet is not completely secure. Although we make commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your information as it is transmitted to us. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.


Your Privacy Choices

We offer visitors to our Corporate Site the opportunity to sign up to receive our newsletter, emails, or other marketing communications. If you signed up to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by clicking "unsubscribe" at the bottom of any Alelo marketing email. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your Enskill Platform registration and account.

If you wish to view, amend, or delete the personal information we hold about you, please contact us at DPO@alelo.com.


Children's Privacy

This section describes Alelo's collection, treatment, and handling of information that we may learn from children under 13 through their use of the Enskill Platform. Our Corporate Site is not intended for use by people under 13 years of age and we do not knowingly or intentionally gather personal information about visitors to our Corporate Site who are under the age of 13.

Collection of Information

Alelo only collects and processes personal information through the Enskill Platform from a child under 13 where that student's school, district and/or teacher has contracted with Alelo and consented to the collection of the student's information. Alelo collects and uses personal information from students under 13 solely for the educational purposes authorized by the school, district, or teacher, and not for any other commercial purpose.

Alelo collects the following information from students under 13: name, email address, account username and password, student identification number, class and/or school where the student is enrolled, the student's interaction with the Enskill Platform (including when the student access's the platform and the pages he or she visits), and speech recordings. We collect this information to determine whether the student is authorized to use the Enskill Platform, to track the student's performance and activity, and to generate reports for the student's teacher and/or school administrators.

Alelo also collects certain information from the device that is used by the student to access the Enskill Platform. This may include online identifiers, IP address, browser and device types, and geolocation information. We collect this information to determine whether the student's computer meets the minimum system requirements to run the Enskill Platform, to improve the functionality and performance of the platform, and to detect and protect against security incidents.

Sharing of Information

Alelo uses service providers, including companies that host the Enskill Platform, IT outsourcing providers, speech recognition and speech-to-text processing providers, and web analytics providers. Alelo may share information with these service providers in connection with the services they provide, and we contractually prohibit the service providers from retaining, using, or disclosing any personal information belonging to students under 13 other than as is required to provide the services. Personal information is not publicly available or available to users other than as described in this paragraph.

In the event of a corporate restructuring, sale, transfer, or assignment of assets or business merger, divestiture, or other changes to the company's control or financial status, we may disclose information to the prospective seller or buyer of such business or assets.

We may also share information with government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with a lawful request for information, as part of our cooperation in a law enforcement or similar investigation, or otherwise to protect our rights, as applicable.

Review, Access and Retention of Information

Alelo will delete students' personal information upon request and, in any event, accounts belonging to students under 13 that are inactive for 12 months are deleted. Voice recordings are deleted after 12 months.

Alelo allows teachers, schools, and/or districts to review and delete the personal information collected from their students. If you are a parent and/or legal guardian and wish to review or delete the personal information belonging to your child, please contact us at DPO@alelo.com.

If we learn we have collected personal information from a student under 13 other than pursuant to this section, or if we learn that a student under 13 has provided us personal information beyond what we requested from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this section, please contact us at DPO@alelo.com


Additional Disclosure for European Union (EU) and United Kingdom (UK) Residents

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-boarder transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.

Retention of Your Personal Information

We typically retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as otherwise needed to address tax, corporate, compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law. We retain speech audio recordings for 12 months.

Legal Basis for Processing Your Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the How We Use Your Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

  • Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
  • Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
  • Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend a legal claim.
  • Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
  • Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
  • Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing). We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise or defend a legal claim.
  • Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about our exercise the rights listed above, at any time, contact us at DPO@alelo.com with the subject line "Privacy" so that we can get your email to the right team, or log-in to your account. We will respond to you request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.


In an attempt to provide increased value to our visitors, we may choose various third-party websites (e.g., social media network) to link to within our Site. We have no control over these linked sites, each of which has separate privacy and data collection practices independent from us. As such, we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices of the content of any such websites.


Effective Date and Changes to This Privacy Policy

This Privacy Policy is effective as of the date at the top of this Policy. Alelo has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect that personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a conspicuous message either through our Sites or via an email address associated with your account informing you of the change.


How to Contact Us

If you have any questions about Alelo's Privacy Policy or our information practices, please contact us at support@alelo.com.