Terms of Service

Last updated December 17th, 2025

These Terms of Service ("Terms") govern your access to and use of the Enya Learning platform and its associated services (hereinafter referred to as the "Service"), provided by Enya Labs Inc. ("Enya," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms.

Marketing Communication Limitations

Enya confirms that no marketing communications will be sent to any user identified as a Minor without the explicit, verifiable consent of their parent, legal guardian, or the blanket consent provided by the School District. Student data will not be used for marketing purposes, except as required for the core functionality of the platform or with explicit, separate consent.

2. Account Creation and Registration

To access certain features of the Service, you may be required to create an account and provide certain information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Enya Labs Inc. immediately of any unauthorized use of your account or any other breach of security.

3. User Responsibilities and Obligations

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You agree not to use the Service:

In any way that violates any applicable federal, provincial, local, or international law or regulation
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate Enya Labs Inc., an Enya employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service

4. Prohibited Activities and Content

You agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service

Use the Service to upload, transmit, or distribute any content that:

Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware

5. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Enya Labs Inc., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your Web browser for display enhancement purposes
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use

6. Service Availability and Disclaimer

Enya Labs Inc. does not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

Uptime Expectations

Enya is committed to providing high availability for the Service, particularly during critical school usage periods (e.g., standard school hours in the Pacific Time Zone). Our specific uptime commitments and service credits for downtime are detailed in the separate Service Level Agreement (SLA), which is incorporated into these Terms by reference. While disclaimers remain for rare, unforeseen outages, Enya will use commercially reasonable efforts to meet the SLA commitments.

7. Modification of Service Terms

Enya Labs Inc. reserves the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

8. Termination of Service

Enya Labs Inc. may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Termination of Servcie

In the event Enya determines that a student account should be suspended or terminated, Enya will first consult with the relevant School District administrator before taking action, unless Enya reasonably determines that the account poses an immediate security threat to the Service or other users, in which case immediate action may be taken, followed by prompt notification to the School District

If you wish to terminate your account, you may simply discontinue using the Service, or notify us that you wish to delete your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Data Privacy and Security

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Enya Labs Inc. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Enya Privacy Compliance

Enya Labs Inc. assumes responsibility for compliance with applicable Canadian privacy laws regarding the student and staff data we process, including, but not limited to, the Personal Information Protection Act (PIPA), the Personal Health Information Protection Act (PHIPA) (where applicable), and relevant provincial student privacy acts (such as FIPPA in BC). Enya will implement and maintain reasonable administrative, technical, and physical safeguards to protect such data.

Enya Labs Inc. makes no warranty that:

The Service will meet your requirements
The Service will be uninterrupted, timely, secure, or error-free (subject to Section 6)
The results that may be obtained from the use of the Service will be accurate or reliable
The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

10. Limitation of Liability

In no event shall Enya Labs Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Enya Labs Inc. was advised of the possibility of such damages.

11. Indemnification

You agree to defend, indemnify, and hold harmless Enya Labs Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your content caused damage to a third party

12. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Enya Labs Inc. Enya Labs Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services linked to from the Service.

Third-Party Service Providers

Enya utilizes certain third-party service providers to deliver the core functionality of the Service. A current and explicit list of all such third-party services that process student or staff data is maintained in our Privacy Policy and/or a dedicated appendix to the School District Agreement. Enya confirms that all listed third-party services are contractually obligated to comply with the same Canadian student privacy requirements and data security standards to which Enya is bound.

You acknowledge and agree that Enya Labs Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

13. Force Majeure

Enya Labs Inc. shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, acts of God, terrorism, pandemic, or government restrictions.

14. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

For disputes involving a Canadian School District, you and Enya agree to submit to the exclusive jurisdiction of the courts located in the Province of British Columbia to resolve any legal matter arising from these Terms.

15. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.