Elephant Terms and Conditions

1. Introduction: Welcome to Elephant!  These terms and conditions (Terms) apply to anyone that uses Elephant.  These Terms are a contract between you and us, so please read them carefully.
2. Who we are: We are Elephant Global Limited.  Our address is C/-Monteck Carter, Unit 5, 15 Accent Drive, East Tamaki, Auckland, 2013, New Zealand.  You can contact us about these Terms by emailing info@designimpact.net.nz.
3. How Elephant works: Elephant is a service that empowers you to protect and enhance your experience watching content online.  We do this by filtering what you watch on YouTube while using the Elephant app, based on settings chosen by your Admin (this is the person that looks after your account, e.g. a caregiver, school or workplace).  We also let Admins see what other users in their herd are watching and searching for, and how they respond to content, so that the Admin can keep an eye on their users, and make sure that users in their herd are protected and don’t see content that isn’t suitable.  Our filters are additional to YouTube’s own parental controls, and only filter out the types of content that your Admin selects for you, so we can’t promise that you will never see something that you don’t want to see while you’re using Elephant.  However, we are always trying to improve the service, based on the feedback you give.
4. Service limitations: When you use Elephant, you still are responsible for your own viewing and supervising others in your care.  We recommend using Elephant together with other parental controls and classification settings that are available to you.  We classify and filter content based on our own classification method (and the settings your Admin chooses), not any particular legal framework.  Also, because we rely on machine learning, and feedback from Admins and users in order to classify content, we can’t promise that the service will filter out absolutely everything in a particular category or operate without errors.  If you see something that you think has been incorrectly classified on Elephant, please flag it, and we will try to review it and correct any issues within a reasonable time.  We also might give tips or suggestions for how to talk about certain issues or types of content with other people in your herd, or for how to manage certain health conditions that may be triggered after and/or while watching content.  These tips and suggestions are not medical advice, and you should ALWAYS talk to your doctor about health conditions, rather than relying on Elephant.
5. Subscribing to Elephant: You must be at least 18 to subscribe to Elephant (although individual users of a subscription may be under 18 – see clause 6 below).  When you subscribe, you will be asked to create an account, and to provide some information and pay your first month’s fees.  See our Privacy Policy for more details about how we treat your personal information.  Our subscription runs on a monthly basis, starting on the date you pay your first monthly fee.  The subscription auto-renews each month (and we will take another payment each month in advance) until you cancel.  Our fees are generally non-refundable, except where required by applicable law.
6. Admins and users: You must be at least 18 to be made an Admin for your herd.  Only Admins can invite or set up other people to use Elephant.  Individual users (that aren’t Admins) may be any age.
7. Cancelling a subscription: If you are the person that set up your herd’s subscription, you can cancel it at any time in your account settings.  Cancellation will take effect at the end of the subscription period in which you cancel.
8. Your account: If you are the person in your herd that subscribed to Elephant, you must keep your contact details up to date, so we can get in touch with you.  For all users, it’s also important that you keep your username and password private.  If you think someone is using your login details on Elephant, please let us know.
9. Your obligations: Whenever you use Elephant (whether you are an Admin or a user) you must always:
   1. follow any guidelines or instructions that we include in the app about how to use Elephant;
   2. where you use Elephant to watch content from a third party service (e.g. YouTube), comply with that third party’s terms and conditions;
   3. not interfere with Elephant or our app, or with anyone’s IT or communication systems;
   4. always comply with all applicable laws, including applicable privacy law (where it applies to you);
   5. not infringe our or anyone else’s rights;
   6. only post feedback that is accurate, responsible and appropriate. You must not post any feedback that could be seen as “trolling”, that would affect or interfere with the accuracy of our filtering engine (e.g. deliberately inaccurate feedback), or feedback that is unlawful, harmful, harassing, defamatory, offensive, threatening, obscene, infringing, or otherwise inappropriate. If we become aware of any such feedback, we may remove it, and (if we think it is necessary), prevent you from posting further feedback on Elephant.
   7. if you are an Admin, make sure that users in your herd are aware of how you are monitoring their online activity, and discuss any concerning viewing or other behaviour that you see with the user in an appropriate way;

Also, if you’re an Admin, you will see some extra features on Elephant that other users do not have, like tools that let you see what other users in your herd have been doing on Elephant, and that let you post more detailed feedback about content you see.  You must use these features appropriately and responsibly.

10. Changes: We may make changes to Elephant, to our fees, or to these Terms, from time to time.  We may also cancel or phase out certain features or services.  We will give affected subscribers notice (by email, or notification in the app) where we think the change may have a negative impact on a significant portion of affected subscribers (Major Change).  We may not give notice of changes that happen in the ordinary course of things, such as minor updates/upgrades, or changes that we think will have a neutral or positive impact on affected subscribers.  If you are unhappy with any Major Change we have made, you may choose to cancel your subscription.
11. We may cancel or suspend: We may cancel a subscription without reason at any time by written notice, or notification in the app to the subscriber.  We may also immediately cancel a subscription, or suspend a user’s account or access to Elephant (without limiting our other rights) if:
    1. it is reasonably necessary for operational, technical or security reasons;
    2. we have reasonable grounds to believe that the relevant subscription or account has been used in breach of these Terms, or fraudulently or unlawfully; or
    3. your subscription fees are not paid in full by the due date.
12. Liability: Nothing in these Terms affects your rights under mandatory provisions of applicable law that cannot be excluded.  However, except for liability under those laws (and other liability that cannot legally be limited), your total liability to us and our total liability to you (whether in contract, tort including negligence, under statute, in equity or otherwise) in connection with Elephant and/or these Terms will not be greater than:
    1. NZD100 for any event or series of related events; and
    2. NZD500 for all events in a 12 month period.

This liability cap will not apply to either of our fraud, intentional breach or intentional damage, or any intellectual property infringement or criminal activity by you.

13. IP:
    1. All intellectual property and other rights in Elephant’s services and app (and the systems behind them) belong to us or our licensors. However, all audio-visual content you view using Elephant is owned by the content platform (e.g. YouTube) or its licensors (and we don’t control or assert any rights over that content).
    2. If you are an authorised Elephant user or Admin, we grant you a limited licence to download the Elephant app and use the features and functionality of the Elephant service (in the manner that they are provided to you) for the sole purpose of monitoring, filtering and safeguarding your own viewing and (if you are an Admin) the viewing of other authorised users in your herd. We do not grant you any other licence.
    3. You must not, and you must not attempt, or assist, authorise, enable or permit anyone else, to:
       1. access any of our services, features or functionality without permission;
       2. copy, adapt, play or show in public, or communicate to the public, any part of our app or services; otherwise redistribute, resupply, reverse-engineer, decode, decompile, reformat or interfere with any part of our app or services; or
       3. remove, circumvent, or interfere with any of the authentication, security, encryption, or other technologies used in relation to our app or services.
       4. We do not control the content that is available on YouTube. If you see audio-visual content on Elephant that you think infringes someone’s IP rights, you must use the tools available on YouTube to report it.

14. Technical limitations: We are always trying to improve Elephant, but we can’t promise that it will always be available or error free, or that faults will always be corrected, especially because we rely on third parties, including our other users, the internet, and various other networks and services.  If you notice a fault, please let us know, and we’ll see what we can do about it.  But please be aware that:
    1. Elephant’s performance will depend on what kind of device and connection you have, and what else is running on your device at the time;
    2. we will have maintenance windows where Elephant may not be available;
    3. although we use industry-standard security tools, the internet is never completely secure and we can’t completely guarantee security;
    4. we are not responsible for third party outages, or any other cause or event beyond our reasonable control.
15. General:
    1. These Terms are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand courts.
    2. We may at any time assign the services or these Terms to a third party, so long as this does not materially affect your rights. You must not assign or transfer your rights or obligations under these Terms without our prior written consent.

Last updated September 2020.