Elephant End User License Agreement (EULA)
Updated: 10.9.2025
This End User License Agreement (“Agreement”) governs your use of the Elephant AI Coursebuilder provided by Elephant Technologies GmbH, Hardenbergstr. 38, 10623 Berlin, Germany (“Elephant”, “we”, “us”). By signing up for an account (including a free trial), you accept this Agreement, our General Terms & Conditions (Annex 1), and our Data Processing Agreement (Annex 2).
1. Free Trial
1.1 Trial Period.
New customers are entitled to a 14-day free trial starting on account creation.
1.2 Prolongation.
Elephant may, at its sole discretion, extend the Trial if there is a likelihood of entering into a paid contract.
1.3 Scope.
During the Trial you may create and publish courses within fair use limits. Certain premium features (including SCORM export and permanent download of courses) are disabled until you convert to a paid plan.
1.4 End of Trial. At the end of the Trial:
You may check out directly via the payment link in your account;
You may be guided through the purchasing process by Elephant; or
If you do not convert, your tenant will be deactivated/closed.
1.5 Data Handling.
Upon closure of a Trial account, Elephant will delete Customer data in accordance with §6 and Annex 1/2 (latest within three months).
2. License and Ownership
2.1 License Grant.
During the Trial and any paid Subscription, Elephant grants you a non-exclusive, non-transferable right to access and use the Service.
2.2 Customer Content.
You remain remain the exclusive owner of (i) all content and data submitted in connection with their use of the software, and (ii) all results of their use of the software (including, without limitation, all generated content) and all related intellectual property rights (including, without limitation, copyright) ("the Data").
2.3 Restrictions during Trial.
You may not download courses as SCORM or other portable formats until you subscribe to a paid plan.
3. Subscription and Payment
3.1 Conversion.
Paid use begins either (a) when you self-checkout via payment link or (b) when you enter into a purchasing process with Elephant and sign our Order Form.
3.2 Billing.
Subscriptions are billed in advance (monthly or annually). Unless cancelled, subscriptions renew automatically.
3.3 Refunds.
Fees are non-refundable, except where required by law or in case of Elephant’s uncured material breach.
4. Termination and Suspension
4.1 Trial End.
Accounts not converted to a paid subscription at Trial expiry may be suspended or deleted.
4.2 Termination.
Either Party may terminate with immediate effect for material breach.
4.3 Data Return.
You may export your content during your active term. After termination, Elephant will delete remaining data no later than three months.
5. Service Availability and Support
5.1 Trial.
Availability targets and SLA penalties do not apply during Trial.
5.2 Paid Plans.
For subscriptions, Elephant guarantees 99.5% availability and rectification times as defined in Annex 1 §13.
5.3 Support.
Email/ticket support is provided within business hours.
6. Liability and Warranties
6.1 Elephant is liable only for intent, gross negligence, or damages to life, body, or health.
6.2 For slight negligence, liability is limited to essential obligations and capped at three times the monthly fee.
6.3 Elephant is not liable for inaccuracies in AI-generated outputs or course materials, except in cases of gross negligence.
7. Governing Law
This Agreement is governed by German law, with exclusive jurisdiction in Berlin.
Annexes
Annex 1: General Terms & Conditions (scope of use, renewals, SLA, liability, governing law).
Annex 3: Description of the Affected Persons
Annex 4: TOMs
Annex 5: Subprocessors.