TERMS OF USE (Website, App & Services)
Effective Date: September 16, 2025
Company: Elevia Academy LLC – 13340 SW 32nd St, Miami, FL 33175, USA.
1) Acceptance & Overview
By accessing ____________________, creating an account, enrolling a child, or attending any class, you agree to these Terms and our incorporated policies (Privacy Policy, Community Classroom Rules, Copyright DMCA Policy). If you do not agree, do not use the Services. We may update these Terms; material changes will be posted with a new effective date.
2) Who May Use the Services
Parents Guardians (18+) create manage accounts, enroll students, pay, and provide consents. You represent you are the student’s parent or legal guardian and will supervise the student’s use.
Students Minors receive limited access: view class calendar, join live Zoom classes (camera may be required per class rules), and view teacher posted materials. No student to student messaging, forums, or social features.
3) Services & Technology Stack
Elevia delivers live online classes via Zoom; materials appear in a custom app; GoHighLevel (GHL) supports parent CRM and subscriptions; Firebase may support community if needed. Class recordings are available for 10 days, then archived deleted consistent with our retention schedule.
4) Accounts, Security & Parent Responsibilities
Keep credentials confidential; you are responsible for all activity under your account. Provide accurate information and update promptly. Ensure the student has a safe learning space, appropriate device, a stable internet connection, and adult supervision.
5) Classroom Conduct & Safety
Follow teacher instructions; do not share links or disrupt classes.
Recording by participants is prohibited. Elevia may record classes for educational operations, quality assurance, or limited catch up viewing by enrolled families, consistent with our Privacy Policy and minors protections.
Do not harass, bully, or dox others. No hate speech, sexual content, illegal activity, or dangerous conduct.
User Content. Parents Guardians and Students may upload limited classwork You grant Elevia a non-exclusive, royalty free license to use such content solely to operate the Services for your enrolled Student(s). Do not upload content you lack rights to share.”
If a class includes physical activity (e.g., movement, fitness, dance), you acknowledge inherent risks and agree to provide a safe area, appropriate supervision, and medical clearance when needed. Elevia is not a healthcare provider and does not provide medical, psychological, or therapeutic advice.
6) Subscriptions, Billing & Trials
Recurring billing: Plans renewed automatically until canceled. You authorize recurring charges to your chosen payment method.
Free trials intro offers convert to paid unless canceled before the trial ends. We may refuse or revoke promotions to prevent abuse.
Price changes will take effect in the next billing cycle with prior notice for recurring plans.
Chargebacks: You agree not to make fraudulent or improper chargebacks; we may suspend accounts during disputes.
7) Cancellations, Rescheduling & Refunds
Cancel anytime effective at the end of the current period; partial period refunds are not provided unless required by law or under a published guarantee.
Missed classes: We may offer replays (if available within the 10 day window) or rescheduling options at our discretion. Recordings are not guaranteed.
If Elevia cancels a class, we will reschedule or credit your account.
Refund method & processing fees: Where a refund is issued, the refund amount may be reduced by any non-refundable third party payment processing fees charged to us on the original transaction, to the extent permitted by law and applicable card network rules. We will not deduct these fees if the refund is due to our error or our cancellation. Any deduction will not exceed the actual non-refundable fees incurred. Refunds are returned to the original payment method within _____ business days.
8) Communications; Email & SMS (TCPA)
By providing your contact information, you consent to receive service and account messages. Marketing messages are sent to parents guardians only; reply STOP to opt out of SMS at any time. Message data rates may apply. We honor one to one consent rules for telemarketing texts under recent FCC updates.
9) Acceptable Use
You will not: (a) copy, record, rebroadcast, or redistribute class content; (b) bypass security; (c) upload malware; (d) impersonate others; (e) mine data; (f) use the Services for unlawful purposes.
10) Intellectual Property; Limited License
Elevia (and its licensors) own all content and software. We grant enrolled families a limited, personal, non transferable, revocable license to use materials for the enrolled student’s learning. No resale or public display. Feedback you submit may be used without restriction.
Publicity & Media Release
Elevia conducts live online classes that may include audio, video, and screen content transmitted through our classroom platform(s). These sessions may be recorded solely to support instruction, quality assurance, and limited catch-up viewing for currently enrolled families. Operational class recordings are not public, are accessible only within the service, and are typically available for approximately ten (10) days before archival or deletion pursuant to our retention schedule. Participants may not download, copy, record, or redistribute class recordings. This operational recording practice is part of the Services and is further described in our Privacy Policy.
Independent of the operational recordings described above, you may choose to grant Elevia permission to use image, voice, likeness, biographical details you provide, and statements/testimonials from you or your student (collectively, “Media”) for public facing purposes such as our website, social media, digital or print advertising, press releases, case studies, brochures, webinars, and investor or partner presentations. Granting this publicity authorization is voluntary and not a condition of enrollment or service access for your student.
If you opt in to publicity use, you grant Elevia a worldwide, royalty free, sublicensable, transferable license to use, reproduce, distribute, publicly display and perform, adapt, edit for clarity/length, and create derivative works from the Media in any format or medium now known or later developed, for the purposes described above. You acknowledge that: (i) Elevia may edit or combine the Media with other content in a manner that remains truthful to the underlying events; (ii) Elevia has no obligation to use the Media; and (iii) no compensation is due for such uses. If the Media depicts a minor, you represent that you are the child’s parent or legal guardian with full authority to grant the rights described here. Elevia does not intentionally publish a child’s full name, precise location, or sensitive personal information for marketing purposes. Where practicable, Elevia seeks to avoid uniquely identifying information about a child in publicity materials unless you have expressly provided it for that purpose.
You may revoke your publicity authorization at any time by emailing ___________________ or _____________________ with subject line “Revoke Media Release,” identifying the student and the specific media, if known. Revocation is prospective and will not require the recall or removal of materials already produced, distributed, or in third-party control; however, Elevia will remove the Media from its own websites and social media profiles within a commercially reasonable time (normally within 30 days) after verifying your request. Operational classroom recordings used inside the service are governed by the operational practice above and by our Privacy Policy and retention schedule.
Live, remote classes may capture brief, incidental appearances or background audio video from other participants’ environments. You agree to take reasonable steps to reduce inadvertent disclosure. Elevia prohibits participants from making their own recordings and may remove content that violates classroom rules.
Use of the Media does not imply your endorsement of any product or service. To maintain timely publication, you waive any right to inspect or approve finished versions that use the Media, provided that Elevia will use the Media in a manner consistent with this clause and the Privacy Policy.
To the extent permitted by law, you waive any “moral rights” you may have in the Media as used by Elevia under this clause. You release and discharge Elevia and its affiliates from any claims arising out of authorized publicity uses of the Media, including claims for defamation or violation of rights of publicity or privacy, except where such claims arise from Elevia’s willful misconduct or violation of applicable law.
Nothing in this clause authorizes Elevia to “sell” or “share” children’s personal information or to engage in targeted advertising to children; Elevia does not do so. The operational recording practice and the optional publicity authorization are distinct. Refusing or revoking publicity authorization will not affect access to the Services.
11) Third Party Services
We rely on third party platforms (Zoom, GHL, Firebase) and payment processors. Their availability and terms may affect your experience; we are not responsible for third party outages or terms.
12) DMCA Copyright Policy
If you believe content infringes your copyright, send a notice to our DMCA Agent (see Section 27) with all elements required by 17 U.S.C. §512(c)(3). We may remove content and terminate repeat infringers. We maintain a registered DMCA Agent with the U.S. Copyright Office’s online directory.
13) Privacy; Children’s Privacy; Global Privacy Controls
Your use is subject to our Privacy Policy. For children under 13, we obtain verifiable parental consent before collecting, using, or disclosing personal information, and we delete when no longer reasonably necessary (see Privacy Policy). We honor browser Global Privacy Control (GPC) signals where required for opt out of sale sharing.
14) Disclaimers
The Services are provided “AS IS” and may be impacted by internet variability and third party platforms. We disclaim all warranties to the maximum extent permitted by law (merchantability, fitness, non-infringement, error free or uninterrupted service, or results).
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVIA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100, WHICHEVER IS GREATER).
16) Indemnity
You agree to defend, indemnify, and hold Elevia harmless from claims arising out of your misuse of the Services or breach of these Terms.
17) Export & Sanctions Compliance
You will not use the Services in violation of U.S. export control and sanctions laws (EAR, OFAC programs) or allow access by embargoed countries or blocked persons.
18) Beta Features & Changes
We may test or modify features and discontinue components without liability. Beta features are provided “as is” with no warranties.
19) Force Majeure
We are not responsible for failures caused by events beyond our reasonable control (outages, natural disasters, strikes, war, changes in law).
20) Governing Law; Venue; Arbitration; Class Waiver
Law Venue: Florida law (without conflicts rules); venue Miami Dade County for non- arbitrable claims.
Binding arbitration (AAA Consumer Rules); English; Miami, FL.
20.1 Agreement to Arbitrate. You and Elevia Academy LLC d/b/a “Elevia” (“Elevia,” “we,” “us,” or “our”) agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and Elevia (collectively, “Disputes”) will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), except that either party may bring an individual action in small claims court if the claim is within that court’s jurisdiction. This means you waive the right to a jury trial and to participate in a class action.
20.2 Pre-Arbitration Informal Resolution. Before filing an arbitration, the complaining party must send the other a written Notice of Dispute describing the claim and relief sought. Send notices to Elevia Academy LLC, 13340 SW 32nd St, Miami, FL 33175, USA _____________________. We will attempt to resolve the Dispute informally within 30 days after receipt. If not resolved, either party may commence arbitration with the AAA.
20.3 Rules, Filing, and Forum. The AAA Rules apply and are available from the AAA. The arbitration will be conducted by a single, neutral arbitrator. Unless the parties agree otherwise, the hearing will take place in Miami-Dade County, Florida, or by video/telephone as permitted by the AAA Rules.
20.4 Governing Law; Arbitrability. This arbitration agreement is governed by the Federal Arbitration Act (FAA). The arbitrator has exclusive authority to resolve all Disputes, including those relating to interpretation, applicability, enforceability, or formation of this arbitration agreement (collectively, “arbitrability”), except that a court has authority to determine the enforceability of the class/representative action waiver in Section 20.6. 20.5 Fees and Costs. Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. For non-frivolous claims not exceeding $25,000, Elevia will pay your share of AAA fees beyond the consumer filing fee. Each party pays its own attorneys’ fees unless the arbitrator awards them under applicable law.
20.6 Class and Representative Action Waiver. Arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. The arbitrator may not consolidate claims of multiple persons or otherwise preside over any form of a representative or class proceeding. If this waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must be severed and brought in court, not arbitration.
20.7 Mass Filings. If 25 or more substantially similar arbitration demands are filed against Elevia by the same or coordinated counsel within 90 days (“Mass Filing”), the AAA may apply any supplemental mass-filing procedures it deems appropriate. Alternatively, the parties agree to a bellwether process: the AAA will administer up to 10 individual cases selected by each side (5 per side) to proceed first; remaining cases will be stayed. After the first 10 are decided, the parties will confer in good faith about mediation and resolving or batching the remainder. This provision does not waive Section 22.6.
20.8 Injunctive Relief; IP Protection. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or preserve the status quo pending arbitration.
20.9 Confidentiality. The arbitration proceedings, filings, and award will be confidential, except
to the extent disclosure is necessary to prepare for or conduct the arbitration, is required by law,
or is needed to enforce the award.
20.10 Severability; Survival. Except as stated in Section 22.6, if any part of this Section 22 is found unenforceable, the remainder remains in effect. This Section survives termination of the Terms and your use of the Services.
20.11 Opt-Out. You may opt out of this arbitration agreement by sending a written notice to __________________ within 30 days after you first accept the Terms. Your opt-out will not affect other terms.
21) Termination
We may suspend or terminate accounts for violations. Upon termination, your licenses end and you must cease use.
22) Survival
Sections on IP, Disclaimers, Liability Limits, Indemnity, Governing Law and Arbitration survive termination.
23) Severability; Entire Agreement; No Waiver
If any provision is invalid, the rest remains enforceable. These Terms (plus incorporated policies) are the entire agreement. No waiver is effective unless in writing.
24) Changes to These Terms
We may modify these Terms from time to time. When we do, we will update the “Last Updated” date and take reasonable steps to notify you of material changes (for example, by email to the account holder, in-product messages, or a prominent notice on our website) at least 14 days before the change becomes effective, unless a change is required sooner for legal, safety, or security reasons.
“Material changes” include changes that meaningfully reduce your contractual rights or expand your obligations in a non-trivial way. Administrative edits, corrections, and updates to reflect new features that do not materially affect your rights may take effect immediately upon posting.
If you do not agree to the updated Terms, you must stop using the Services and, if applicable, cancel your subscription before the effective date of the changes. Your cancellation, any access wind down, and any refunds (if available) are governed by our Cancellations, Rescheduling & Refunds section.
Renewals & pricing. For subscription plans, changes to pricing or material service terms will apply only to subsequent billing cycles and not to the then current paid term.
Dispute resolution updates. Any update to the arbitration or dispute resolution provisions will apply only prospectively to disputes arising after the effective date of the update. If we make a material change to those provisions, you may reject that change by sending written notice to [legal notice email/address] within 30 days after the new terms take effect; if you reject, the immediately prior dispute-resolution terms will continue to govern as to you.
Where a Parent or Guardian administers an account for a Student, notices to the Parent-Guardian constitute notice to the account, and the Parent or Guardian is responsible for reviewing updates and managing continued use.