Terms and Conditions

1. What Elena Does

Elena is a workforce intelligence platform that helps organizations define, evaluate, and learn from workforce decisions.

Depending on your subscription, configuration, available features, and connected data, Elena may help with:

• Company, Manager, and Job DNA definition
• Job and success-profile analysis
• Candidate, resume, and eligibility evaluation
• Company, manager, and role-alignment scoring
• Interview, decision-reasoning, and recommendation support
• Placement, promotion, retention, and outcome analysis
• Reports, dashboards, search, and conversational analysis
• Other workforce-intelligence features made available over time

Some features may be in beta, early access, limited release, or subject to change.

2. Who May Use Elena

You may use Elena only if you are authorized to do so. If you submit information, create an account, or connect Elena to an organization’s systems, you represent that:

• You are authorized to act for that organization
• You have permission to provide information and connect applicable data sources
• You have the right to grant requested permissions
• Your use complies with organizational policies and applicable law
• Information you provide is accurate and complete

If you are a consultant, recruiter, contractor, service provider, or other third party using Elena for an organization, you represent that you have proper authority to do so.

3. Accounts and Access

You are responsible for activity through your account and within your organization’s Elena workspace or engagement.

You agree to keep credentials secure, use strong authentication where available, promptly remove users who should no longer have access, notify us of suspected compromise, and ensure only authorized people access Elena.

We may suspend or restrict access if we reasonably believe an account is compromised, misused, used unlawfully, or creates risk to Elena, customers, individuals, or third-party systems.

4. Connected Systems and Permissions

Elena may connect to authorized applicant tracking, recruiting, human resources, assessment, CRM, productivity, analytics, storage, or other business systems.

By connecting a system, you authorize us to access, collect, process, store, analyze, and display information from that system as needed to provide the Services. Depending on the integration, this may include candidate and employee records, resumes and applications, job and requisition information, interviews and assessments, decisions and feedback, organizational information, workforce outcomes, and activity or audit metadata.

You are responsible for reviewing requested permissions and ensuring they are appropriate. Disconnecting an integration may reduce or disable functionality.

5. Customer Data

“Customer Data” means information, files, records, metadata, profiles, configurations, prompts, outputs, and other materials submitted to, uploaded to, generated through, or made available to Elena through authorized systems. Customer Data includes Company, Manager, and Job DNA responses; job descriptions; resumes; evaluations; decision reasoning; feedback; and workforce outcomes.

You retain ownership of Customer Data. You grant Elena a limited right to process Customer Data as needed to provide and improve the Services, authenticate users, operate integrations, generate profiles and recommendations, provide support, monitor security and reliability, comply with law, and enforce these Terms.

We do not sell Customer Data.

6. Privacy

Our handling of personal information is described in our Privacy Policy. By using Elena, you agree that we may process personal information in accordance with these Terms and that Policy.

If you use Elena for an organization, you are responsible for providing required notices and obtaining required consents or other lawful bases from candidates, employees, contractors, managers, customers, vendors, or other people whose information may be processed.

Do not submit or connect information unless you have the right to do so.

7. Workforce Decisions and Recommendations

Elena may provide profiles, comparisons, scores, rankings, confidence indicators, explanations, recommendations, reports, alerts, or suggested next steps related to candidates, roles, managers, organizations, placements, retention, and other workforce matters.

These outputs are advisory. You are responsible for reviewing them, considering relevant context, providing meaningful human oversight, and making final decisions.

Unless expressly agreed in writing, Elena does not make final hiring, promotion, termination, compensation, disciplinary, legal, compliance, or other high-impact decisions for you. Elena is not a substitute for professional judgment or legally required processes, and we are not responsible for actions taken by your users, administrators, integrations, or third-party systems.

8. AI, Conversational, and Diagnostic Features

Elena may include AI-assisted, machine-learning, conversational, classification, summarization, evaluation, recommendation, search, or diagnostic features.

These features may be incomplete, contain errors, misinterpret information, omit relevant context, produce outputs requiring human review, and depend on the quality and completeness of available data.

You agree not to rely on AI-assisted outputs as the sole basis for an employment or other high-impact decision. You are responsible for validating outputs and using them lawfully, fairly, and consistently with applicable organizational policies.

9. Retention, Exports, and Backups

Elena may support data retention, export, reporting, or integration features. Unless expressly stated in a written agreement, Elena is not your organization’s official backup, disaster-recovery, legal-hold, records-retention, human-resources recordkeeping, or compliance archive system.

You are responsible for maintaining required source records and backups, complying with retention and legal-hold obligations, validating exports, and ensuring official employment records are maintained in appropriate systems.

We are not responsible for data loss caused by misconfiguration, third-party behavior, deleted source data, expired credentials, unavailable APIs, user action, or failure to maintain appropriate records or backups.

10. Acceptable Use

You agree not to use Elena to:

• Violate any law or regulation or infringe another person’s rights
• Access, provide, or connect systems or data without authorization
• Make unlawfully discriminatory employment decisions
• Upload unlawful, harmful, malicious, deceptive, or unnecessary sensitive content
• Bypass security controls or probe Elena without written permission
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with Elena or create unreasonable load or risk
• Build a competing product or commercially exploit Elena without authorization
• Misrepresent outputs as guaranteed findings, certifications, legal conclusions, or independently validated employment decisions

We may suspend or terminate access for violations of this section.

11. Third-Party Services

Elena depends on third-party hosting, intake-processing, authentication, analytics, form-security, communications, integration, data, and AI service providers. We do not control those services.

Third-party services may change, restrict, degrade, suspend, or terminate functionality. You are responsible for your accounts, licenses, permissions, configurations, and relationships with third-party services.

Elena is not responsible for third-party outages, API or permission changes, data inaccuracies, rate limits, security incidents, billing issues, or behavior outside our control.

12. Subscriptions, Trials, and Payment

Access to some Services may require a paid subscription. Pricing, billing periods, renewal terms, usage limits, minimum fees, and included features may be described in an order form, service agreement, invoice, checkout page, or other written agreement.

Trials, pilots, beta programs, and early-access periods may have limited functionality, duration, support, usage, integrations, or data retention.

Unless otherwise agreed in writing, fees are due under the presented billing terms, are non-refundable, and exclude applicable taxes. We may suspend access for non-payment and update pricing for future periods with reasonable notice.

If these Terms conflict with a signed order form or other written agreement, the signed agreement controls for the conflicting item.

13. Beta and Early Access Features

Features labeled or treated as beta, pilot, preview, early access, experimental, or limited release may be changed, limited, disabled, or discontinued at any time. They may be less reliable and may not receive the same support, availability, or retention commitments as generally available features.

You use beta and early-access features at your own risk.

14. Availability, Support, and Changes

We aim to provide a reliable service but do not guarantee uninterrupted, error-free, or continuous availability. We may maintain, update, improve, limit, suspend, or discontinue parts of Elena.

Support may be provided through email, product interfaces, documentation, or other available channels and may be prioritized by severity, subscription level, customer status, or other reasonable criteria.

15. Security

We use reasonable administrative, technical, and organizational safeguards designed to protect Elena and Customer Data, but no system is perfectly secure.

You are responsible for securing your accounts and devices, managing access, reviewing integration permissions, protecting credentials, maintaining secure connected-system configurations, and promptly notifying us of suspected unauthorized access.

If we become aware of a security incident involving Customer Data, we will notify affected customers as required by applicable law or written agreement.

16. Confidentiality

Each party may receive non-public business, technical, financial, product, security, customer, pricing, roadmap, operational, workforce, or data-related information that a reasonable person would understand to be confidential.

Each party will use the other party’s confidential information only as needed to perform under these Terms and will protect it using reasonable care.

Confidentiality obligations do not apply to information that is publicly available without fault, already known without restriction, independently developed without using confidential information, lawfully received without restriction, or required to be disclosed by law or legal process.

17. Intellectual Property

Elena and its software, designs, workflows, evaluation logic, interfaces, documentation, trademarks, models, systems, content, and related technology are owned by Elena or its licensors.

These Terms do not transfer Elena intellectual property to you. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from Elena unless authorized in writing.

You may use Elena only as permitted by these Terms and your applicable subscription or agreement.

18. Feedback

If you provide feedback, suggestions, ideas, requests, bug reports, or recommendations about Elena, you grant us the right to use them without restriction or compensation. We may use feedback to improve Elena and develop or modify products and services.

19. Aggregated and De-Identified Data

We may use aggregated, anonymized, or de-identified information derived from the Services to improve Elena, understand usage, monitor performance, develop benchmarks, train or evaluate systems, and improve product functionality.

We will not use aggregated or de-identified information in a way that identifies you, your organization, or an individual.

20. Compliance

You are responsible for using Elena in compliance with laws, regulations, contracts, policies, and industry obligations applicable to your organization, including:

• Employment, anti-discrimination, and automated employment decision laws
• Candidate, employee, and workplace privacy laws
• Data-protection, confidentiality, and security obligations
• Notice, consent, audit, and human-review requirements
• Contractual restrictions governing third-party data and systems
• Records-retention, export-control, sanctions, and industry-specific requirements

Elena does not provide legal, employment, HR, compliance, accounting, or financial advice.

21. Indemnification

You agree to defend, indemnify, and hold harmless Elena and our officers, directors, employees, contractors, affiliates, and agents from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of Elena
• Your Customer Data or connected systems
• Your violation of these Terms or applicable law
• Your lack of authority to provide data or connect a system
• Workforce decisions or actions submitted, approved, or performed by your users or administrators
• Disputes involving your candidates, employees, contractors, clients, vendors, customers, or service providers

22. Disclaimers

Elena is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim express and implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and reliability.

We do not warrant that Elena will be uninterrupted or error-free; identify every qualified candidate, concern, bias, risk, or relevant factor; produce outputs that are always accurate, complete, current, fair, or appropriate; satisfy every legal, audit, HR, or compliance requirement; keep third-party integrations available; or make Customer Data recoverable unless expressly agreed in writing.

You are responsible for reviewing, validating, and deciding how to use Elena outputs.

23. Limitation of Liability

To the fullest extent permitted by law, Elena will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including loss of data, business, revenue, opportunity, reputation, or the cost of substitute services.

To the fullest extent permitted by law, our total liability for a claim related to Elena or these Terms will not exceed the amount paid to us for the Services during the twelve months before the event giving rise to the claim. If you use Elena for free, in beta, in early access, or during a no-cost trial, our total liability will not exceed one hundred U.S. dollars.

These limitations apply regardless of legal theory and even if we have been advised of the possibility of damages.

24. Suspension and Termination

You may stop using Elena at any time. We may suspend or terminate access if you violate these Terms, fail to pay amounts due, create risk to Elena or others, appear to have a compromised account, exceed agreed limits, or if law or a third-party provider requires restriction.

When access terminates, your right to use Elena ends. We may retain or delete Customer Data under our Privacy Policy, applicable law, and written agreements. You are responsible for exporting information you need before termination unless a written agreement states otherwise.

25. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice by email, product notification, website update, or another reasonable method.

Continued use after updated Terms become effective means you accept them. If you do not agree, you must stop using Elena.

26. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

Any dispute arising from or related to these Terms or Elena will be brought exclusively in the state or federal courts located in Cook County, Illinois, unless another venue is required by applicable law or agreed in writing. Each party consents to the jurisdiction of those courts.

27. Miscellaneous

These Terms, together with any applicable order form, service agreement, privacy policy, or other written agreement, make up the entire agreement between you and Elena regarding the Services.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

If a provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. There are no third-party beneficiaries unless expressly stated.

28. Contact

Questions about these Terms can be sent to:

ElenaIQ™
Email: hello@elenaiq.com