ELPS Online Helper

Last Updated: November 16, 2025

1. Overview

These Terms of Use ("Terms") govern your access to and use of the ELPS Online Helper web application ("Service" or "App"), operated by Enabling Learning, LLC ("we," "us," or "our"). The Service is a free educational tool designed to assist educators in accessing English Language Proficiency Standards (ELPS) and generating educational content.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

The ELPS Online Helper is a free web application that provides:

• Access to 2026 ELPS (English Language Proficiency Standards) reference materials
• Proficiency Level Descriptors (PLDs), accommodations, strategies, and language patterns
• AI-powered generation of lesson plans and tutoring session plans
• Tools for creating and saving student profiles (using auto-generated pseudonyms)
• Integration with TEKS (Texas Essential Knowledge and Skills) objectives

The Service is provided free of charge. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. User Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

The Service is intended for use by educators, administrators, and educational professionals. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction.

4. Account Registration

While some features of the Service are available without registration, certain features require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information as necessary
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5. AI-Generated Content - Critical Disclaimers

By using AI-generated features of the Service, you acknowledge that you understand these limitations and agree to use AI-generated content at your own risk and with appropriate professional oversight.

6. FERPA and Student Data Privacy

By using the Service, you represent and warrant that you have the authority to use the Service in compliance with FERPA and all applicable privacy laws, and that you will not enter any real student names or PII into the Service.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Enter real student names or personally identifiable information (PII) into the Service
• Use the Service in any way that violates FERPA, COPPA, or other applicable privacy laws
• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction (including but not limited to copyright laws)
• Transmit any worms, viruses, or any code of a destructive nature
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
• Use the Service to harass, abuse, or harm others
• Submit false or misleading information

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice, for any violation of these Terms.

8. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Enabling Learning, LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes. This license does not include the right to:

• Reproduce, distribute, or create derivative works of the Service
• Use the Service for commercial purposes without express written permission
• Remove any copyright, trademark, or other proprietary notices

ELPS standards, TEKS objectives, and other official educational standards referenced in the Service are the property of their respective owners (e.g., Texas Education Agency). We do not claim ownership of these standards.

9. User-Generated Content

You retain ownership of any content you create, upload, or generate using the Service (including lesson plans, student profiles, and notes). However, by using the Service, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of providing the Service to you.

You are solely responsible for your content and represent that:

• Your content does not violate any third-party rights (including copyright, trademark, or privacy rights)
• Your content does not contain real student names or PII
• Your content complies with all applicable laws and regulations
• You have the right to submit the content to the Service

We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or inappropriate.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties that the results obtained from the Service will be accurate or reliable
• Warranties regarding the accuracy, completeness, or usefulness of any information provided by the Service
• Warranties that AI-generated content is accurate, appropriate, or suitable for your purposes

We do not guarantee that the Service will meet your requirements or that any errors in the Service will be corrected. We may remove the Service for indefinite periods of time or cancel the Service at any time without notice.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENABLING LEARNING, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to:

• Loss of profits, revenue, data, or use
• Loss or damage resulting from your use of AI-generated content
• Loss or damage resulting from FERPA or privacy law violations
• Loss or damage resulting from errors, inaccuracies, or omissions in the Service
• Loss or damage resulting from service interruptions or termination

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Enabling Learning, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including FERPA, privacy rights, or intellectual property rights)
• Your use of AI-generated content
• Your entry of real student names or PII into the Service

13. Termination

You may terminate your account at any time by deleting your account through the Service or by contacting us. Upon termination, your right to use the Service will immediately cease.

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, we may delete your account and all associated data. We are not obligated to retain your data after termination.

14. Changes to the Service and Terms

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We reserve the right to update, change, or replace any part of these Terms by posting updates on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the state and federal courts located in Texas.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. Entire Agreement

These Terms constitute the entire agreement between you and Enabling Learning, LLC regarding your use of the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Use, please contact us at:

Enabling Learning, LLC
Email: info@enablinglearning.com
Website: www.enablinglearning.com