Terms of service

These terms govern your use of the Ellerna website and platform (the “Service”), provided by Mindtris (“Mindtris”, “we”, “us”) of Vancouver, British Columbia, Canada. By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

If you accept these terms for an organization, you confirm that you have authority to bind it, and “you” includes that organization. These terms apply to everyone who uses the Service, including owners, location admins, teachers, staff and families.

Ellerna is a cloud platform for childcare centres, schools, learning centres and enrichment providers. It includes programs and enrollment, attendance, family communication, documents, billing and payments, scheduling and reports. We improve the Service over time and may add, change or remove features. We will give reasonable notice before a change that materially reduces the Service you pay for.

You must give accurate information when you create an account and keep it up to date. Keep your password and sign-in codes private; you are responsible for activity under your account. Tell us promptly at support@ellerna.com if you suspect unauthorized use.

Owners and location admins are responsible for who they invite, the roles they give, and removing access when someone leaves their organization.

Organizations decide what information about children, families and staff they keep in Ellerna. You are responsible for having the authority and consent you need to collect and share that information, including photos, for keeping it accurate, and for meeting the privacy, childcare licensing and other laws that apply to your programs. Ellerna supports your records; it does not replace your own legal or regulatory obligations.

You agree not to use the Service unlawfully or in a way that could harm it or other people. In particular, you will not:

• try to access accounts, organizations or information you are not authorized to see;
• interfere with or disrupt the Service, or test its security without our written permission;
• upload malicious code or content that is unlawful, harmful or infringes someone else’s rights;
• misuse information about children, families or staff, or violate their privacy;
• copy, resell, reverse engineer or decompile the Service, except where the law allows it.

New organizations start on the Free plan. Paid plans are billed monthly in advance, in US dollars, by card through Stripe. Current plans and limits are on the pricing page. You are responsible for any taxes that apply.

Fees are non-refundable except where the law requires otherwise. We will give at least 30 days’ notice of a price increase before it applies to you. If a payment fails and is not resolved, we may move your organization to the Free plan or limit access to paid features.

Tuition payments. Organizations can invoice families for tuition through Ellerna, and families pay by card through Stripe. The organization sets its own tuition, fees and refund terms and is responsible for them.

You keep ownership of the information and files you and your users put into Ellerna (“Your Content”). You give us a limited permission to host, copy, process and display Your Content only to provide, secure and improve the Service for you. Our handling of personal information is described in our privacy policy.

The Service, including its software, design, text, logos and the Ellerna name, belongs to Mindtris and is protected by intellectual property laws. These terms do not give you any rights to them other than the right to use the Service as described here.

You may stop using the Service at any time, and owners can change or cancel a paid plan from Settings. We may suspend or close an account that breaches these terms or puts the Service or other users at risk. Where reasonable, we will tell you first and give you a chance to fix the problem.

We work hard to keep Ellerna available and accurate, but the Service is provided “as is” and “as available”. To the extent the law allows, we do not promise that it will be uninterrupted or error-free, or that it will meet every requirement of your programs.

To the maximum extent permitted by law, Mindtris is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from or related to your use of the Service.

To the maximum extent permitted by law, our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the 12 months before the claim arose.

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction over any dispute about these terms or the Service, unless the law requires otherwise.

We may update these terms. The “Last updated” date at the top shows when they last changed. If a change is significant, we will tell organizations through Ellerna or by email before it takes effect. Continuing to use the Service after that means you accept the new terms.

Ellerna by Mindtris, Vancouver, British Columbia, Canada. Email support@ellerna.com.