Service Platform Terms and Conditions

1. Definitions

The following terms have the meanings set forth below when used in these Terms:

• "Company" means Elevated Environments LLC, a Delaware limited liability company, operating under the DBA name "Elevated Students" ("Elevated," "Elevated Students," "we," "us," or "our").
• "Account Holder" means the parent or legal guardian who creates and holds an Elevated Students account and is responsible for the account, including payment. Also referred to as "you" and "Parent."
• "Student" means a teen aged 13 to 17 whom an Account Holder authorizes to participate, or a Student who has reached the age of 18 and continues to use the Services.
• "Authorized User" means an Account Holder, a co-parent, a Student, and any other individual the Account Holder authorizes to access the account.
• "Platform" means the Elevated Students software-as-a-service platform, including the parent portal, the student portal, assessments, the Living Portrait, "Growth Path," AI agents, voice features, coaching support tools, and related services.
• "Services" means the Living Portrait service and portal access, the Coaching Marketplace, and any Elevated Programs offered from time to time.
• "AI Development Coach" means the automated developmental coaching and guidance features of the Platform, including the AI agents. The AI Development Coach is software provided by Elevated. A coach engaged through the Coaching Marketplace is an independent human professional and is not a feature of the Platform.
• "Family Data" means all personal information about the Account Holder, Students, and family that is provided to, generated within, or otherwise processed through the account.
• "Fee Schedule" means the pricing and billing terms published by Elevated at the time of enrollment, as updated in accordance with Section 4.
• "Terms" means these Service Platform Terms and Conditions, together with the Privacy Policy and any applicable order or Fee Schedule, each as updated from time to time.

2. Eligibility and Accounts

2.1 Account Holder Eligibility

You must be at least 18 years old and the parent or legal guardian of the Student (or the Student themselves, if 18 or older) to create an account. By creating an account, you represent that the information you provide is accurate and that you have the authority to authorize the participation of any Student you add.

These Terms may also be accepted during onboarding, before an account is created, where you ask Elevated for a personalized Development Snapshot. In that case the provisions that apply to you are those governing your use of the Platform and its outputs, your representations and authority, data and privacy, the disclaimers and limitation of liability, and dispute resolution. The provisions governing accounts, Student authorization, fees, and subscriptions apply once you create an account.

2.2 Students Aged 13 to 17

The Platform is intended for students aged 13 and older. A Student aged 13 to 17 may participate only after the Account Holder has authorized that Student and consented to the collection and use of the Student's personal information. We use age verification (such as a date-of-birth or grade-level field with a hard block) and do not permit accounts for children under 13.

2.3 No Children Under 13

You may not use the Platform to create an account for, or provide the personal information of, any child under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected such information, we will delete it.

2.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at security@elevatedstudents.ai of any unauthorized use. You may authorize a co-parent or the Student to access the account; you remain responsible for use of the account by anyone you authorize.

3. Parental Authorization, Student Assent, and the Age-18 Transition

3.1 Parental Authorization

By authorizing a Student aged 13 to 17, you represent that you are the Student's parent or legal guardian (or otherwise have authority to provide this authorization), and you consent, on the Student's behalf and your own, to Elevated's collection, use, and processing of the Student's and family's personal information as described in these Terms and the Privacy Policy. This includes the generation of developmental assessments and observations, discovery insights for the Student, coaching recommendations for you, and, where an advisor or coach is engaged, advisory recommendations.

3.2 Student Assent

After your authorization, the Student will be asked to review age-appropriate terms and to agree to provide their personal information and to Elevated's use of it to deliver the Services. The Student's assent supplements, and does not replace, your authorization.

3.3 Scope of Agreed Use

Both the Account Holder and the Student agree that Family Data may be used to deliver the full scope of the Services, which may include adolescent and student development, college and future planning and college application support, developmental assessments, coaching recommendations for parents, discovery insights for students, and advisory recommendations for an engaged advisor or coach. AI agents (an AI discovery agent for students, an AI coaching agent for parents, and an AI assistant agent for advisors) support these functions.

3.4 The Age-18 Transition

When a Student reaches the age of 18, the Student becomes an adult user. At that point, the authorizations and data-use terms previously agreed to continue to apply, and the Student's participation and the sharing of the Student's information within the account continue on the same terms, unless the Student notifies Elevated directly at privacy@elevatedstudents.ai that they wish to change their authorization, assume sole control of their account, restrict a Parent's access, or delete their information. We will provide the now-adult Student with information about these choices at or around the time they turn 18. Continued use of the Services by a Student after turning 18 constitutes the Student's own acceptance of these Terms.

4. Subscriptions, Fees, and Billing

4.1 Offerings and Pricing

The Services are offered as described on our website and in the Fee Schedule in effect at the time of enrollment. As of the effective date of these Terms, the Living Portrait is offered free of charge. Elevated may in the future introduce a limited free-trial window (for example, 30 days), after which continued access to the Living Portrait is offered on a paid subscription basis (for example, a monthly or annual plan). The Coaching Marketplace, where available, offers a separate paid engagement with an independent coach (for example, a set number of meetings per year). Any Elevated Programs are described and priced separately if and when offered.

4.2 Free Trial and Auto-Conversion

If a free trial is offered, we will disclose the length of the trial, the price that applies after it, and how to cancel, before the trial begins. Unless you cancel before the trial ends, your subscription will convert to a paid subscription at the then-current rate, and billing will begin. You may cancel during a trial at no cost through your account settings.

4.3 Billing and Payment

By providing a payment method, you authorize Elevated to charge all fees due to that payment method on a recurring basis until you cancel. Fees are due in advance at the start of each billing period. You are responsible for maintaining a valid payment method and for any applicable taxes. Elevated uses third-party payment processors and does not store full payment card information.

4.4 Auto-Renewal and Cancellation

Paid subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel. You may cancel at any time through your account settings or by contacting support@elevatedstudents.ai. Cancellation of a monthly plan takes effect at the end of the current monthly period; cancellation of an annual plan to prevent renewal must be received before the end of the current annual term. Consistent with applicable automatic-renewal laws, we will provide clear disclosure of renewal terms, obtain your affirmative consent to auto-renewal, and provide an easy online cancellation method. No refund is provided for the current period except where required by applicable law.

4.5 Price Changes

Elevated may change fees or the Fee Schedule. For subscribers, changes take effect at the start of the next billing period following at least 30 days' notice (for annual plans, before the next annual renewal). Continued use after a price change takes effect constitutes acceptance of the new fees.

4.6 Coaching Fees, Payment, and Refunds

Human coaching is a separate premium engagement delivered by independent coaches, not by Elevated, and each coach sets their own fee. When you engage a coach through the Platform, the coach's fee is shown to you as the coach's own separate charge, distinct from any Elevated subscription or platform fee. Elevated provides the automated AI advising in the Living Portrait as its own service, and the human coaching is a separate engagement between you and the independent coach, who determines how the coaching is delivered.

Your coaching fee is earned as sessions are delivered. Sessions you have received are not refundable. A session that was reserved and made available to you, but that you chose not to attend, may be treated as delivered under a cancellation policy that we disclose to you, for example for late cancellations or missed sessions. Amounts held for sessions that were neither delivered nor reserved are unearned, and if you cancel or do not complete a package those amounts are returned to you. We disclose the cancellation and refund terms clearly at the point of purchase.

Where Elevated collects a coach's fee on the coach's behalf, your payment is collected in advance and held by our third-party payment processor, and the coach's share is released to the coach by the processor as sessions are delivered. Neither Elevated nor the coach retains coaching fees for sessions that were not delivered or reserved; those amounts are returned to you. Elevated does not take custody of these funds in its own accounts while they are held pending delivery; they are held by the processor. Any Elevated subscription or platform fee is separate from the coaching fee and is governed by Sections 4.4 and 4.5.

5. Acceptable Use

You agree to use the Platform only for lawful, personal, family purposes and in accordance with these Terms. You may not:

• Use the Platform for any purpose other than your own family's use, or resell or provide access to third parties;
• Use the Platform to compile, assemble, or store information about another person beyond your own account of your own experience with them, or input another person’s contact details, images, or records;
• Provide personal information of any individual under 13, or of any person without appropriate authority to do so;
• Reverse engineer, decompile, or attempt to derive the source code or underlying models of the Platform;
• Access the Platform through automated means (bots, scrapers) or attempt to extract data in bulk outside supported export features;
• Upload unlawful, harmful, infringing, or abusive content, or attempt to gain unauthorized access to any account or our systems;
• Rely on the Platform as a substitute for professional medical, mental health, clinical, legal, or financial advice;
• Use the Platform in any way that violates applicable law.

6. Family Data and Privacy

6.1 Our Role

In providing the Services directly to families, Elevated acts as a business and data controller with respect to Family Data. Our collection, use, and protection of Family Data is described in our Privacy Policy at elevatedstudents.ai/privacy-policy, which is incorporated into these Terms by reference.

6.2 Your Representations

You represent that you have the authority to provide the Family Data you enter and to authorize any Student you add, and that the information you provide is accurate to the best of your knowledge.

6.3 Rights Requests

You may access, correct, or delete Family Data as described in the Privacy Policy, and may ask Elevated for a copy of the source information you provided, using in-portal tools where available or by contacting privacy@elevatedstudents.ai. Elevated’s own derived analysis and platform metadata are proprietary and confidential to Elevated and are not included. For a minor Student, the Account Holder may exercise these rights; when a Student reaches 18, the Student may exercise them directly as described in Section 3.4. As the account holder and legal guardian, a Parent may also request the Student's underlying records, including original documents and transcripts, and Elevated intends to notify the account when it discloses that information, as described in the Privacy Policy.

6.4 De-identified Data; No AI Model Training

Elevated may use de-identified and aggregated data that cannot reasonably identify any individual for product and service improvement, including improving the Platform, the portal, the assessments, and the quality of the guidance the Services provide. De-identified data is not subject to the obligations applicable to Family Data. Elevated does not build, train, or maintain its own AI models, and does not use Family Data to train any AI model. Elevated uses third-party AI providers to deliver features such as its AI agents, and those providers are contractually prohibited from using Family Data to train or improve their own models.

6.5 Advisors and Coaches as Independent Controllers

Where you engage an advisor or coach through the Platform, that advisor or coach is an independent professional responsible for their own advice and acts as an independent data controller of the information they collect and hold to serve you. Elevated is not responsible for the advisory or coaching content the advisor provides. Elevated and the advisor share your information only as authorized by you and only to serve you, under a data sharing agreement between them, and you may also enter a separate agreement directly with the advisor.

7. Voice Sessions and Recording Consent

The Platform uses voice features, including AI-guided intake conversations and, for coaching, voice-enabled or recorded sessions. Sessions facilitated through the Platform may be recorded to generate transcripts and summaries. We provide an automated in-session notification at the start of a recorded session. For any session involving a minor Student, the Account Holder consents to recording on the Student's behalf as part of onboarding or before the session. Recording laws vary by state; by agreeing to these Terms and enabling voice features, the Account Holder and Student consent to recording as described here and in the Privacy Policy. Recording is part of the voice feature and cannot be separately declined. Where a non-voice option such as text chat is available for a given interaction, you may use it; some features may require voice and may be unavailable without it.

8. AI Outputs and No Professional Advice

The Platform generates data-derived analytical indicators, including assessments, portraits, developmental and behavioral observations, discovery insights, coaching recommendations, and AI agent responses. These outputs support family and coaching decisions, including guidance about a user’s own relationships and communication with the people in their life. They are not clinical assessments, psychological evaluations, diagnoses, medical or mental health treatment, family therapy, or licensed professional advice of any kind, and they do not guarantee any particular outcome.

Developmental observations and recommendations, whether generated by AI or provided by a coach or other person, may be incomplete, wrong, or inaccurate. You are responsible for how you use them, together with your own knowledge of your teen and, where applicable, your coach's judgment. Students who use the student portal and its AI agents are likewise responsible for how they use the outputs. Elevated does not provide medical, mental health, clinical, educational, legal, or financial determinations. If a Student is in crisis or you have concerns about their safety, contact a qualified professional or emergency services immediately.

The Services are designed on the assumption that you review observations and recommendations, validate key assumptions before you act on them, monitor and adjust your own actions as you work with the Services, and provide feedback on outcomes. On request or on its own, the Service can surface questions to help you validate assumptions and proposed actions before you rely on them. The Services support your decisions; they do not make them for you, and they do not replace your judgment or, where applicable, your coach's professional judgment.

9. Coaching Recommendations and Coaching Services

Coaching recommendations may be provided in two ways. First, Elevated may deliver coaching recommendations to Parents directly in the portal as part of the Services. Second, where a family engages a coach through the Coaching Marketplace, a personal coach (a human), who is an independent professional, works with the Parent and Student across the developmental practices the Student needs, supported by the Platform, and provides their own coaching and advisory recommendations. These may be in addition to Elevated's portal recommendations. Coaching is developmental and educational in nature and is not therapy, counseling, medical care, or mental health treatment. Scheduling, meeting cadence, and scope are as described at the time of engagement. Where you engage a coach or advisor, you contract with that coach or advisor directly for their services, as described in Section 6.5, even if Elevated collects payment on their behalf.

10. Intellectual Property

10.1 Platform Ownership

Elevated and its licensors own all right, title, and interest in the Platform, including all software, AI models, features, assessments, workflows, and documentation. These Terms do not transfer any ownership of Platform intellectual property to you. All rights not expressly granted are reserved.

10.2 Your Content

You retain ownership of the information and content you submit. You grant Elevated a limited, non-exclusive license to store, process, and display your content solely as necessary to provide the Services to you.

10.3 Feedback

If you provide feedback or suggestions about the Platform, you grant Elevated a perpetual, irrevocable, worldwide, royalty-free license to use it without obligation to you. Providing feedback is voluntary.

11. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ELEVATED MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ELEVATED IS NOT A LICENSED EDUCATIONAL CONSULTANT, PSYCHOLOGIST, PHYSICIAN, THERAPIST, OR FINANCIAL ADVISOR, AND DOES NOT PROVIDE MEDICAL, MENTAL HEALTH, CLINICAL, EDUCATIONAL, OR FINANCIAL ADVICE, EVALUATION, OR DIAGNOSIS. ELEVATED MAKES NO REPRESENTATION THAT USE OF THE PLATFORM WILL RESULT IN ANY PARTICULAR STUDENT OUTCOME. PLATFORM OUTPUTS ARE DATA-DERIVED ANALYTICAL INDICATORS INTENDED TO SUPPORT FAMILY AND COACHING DECISIONS AND DO NOT CONSTITUTE CLINICAL ASSESSMENTS, PSYCHOLOGICAL EVALUATIONS, OR DIAGNOSES OF ANY KIND. PLATFORM OUTPUTS, INCLUDING AI-GENERATED OUTPUTS, MAY CONTAIN ERRORS OR INACCURACIES, AND SHOULD NOT BE RELIED ON WITHOUT YOUR OWN JUDGMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING LOSS OF DATA OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVATED'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO ELEVATED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted by applicable law. Nothing in these Terms limits or excludes liability for a party's fraud, gross negligence, or willful misconduct, for a data breach caused by Elevated, or for any liability that cannot be limited or waived under applicable law, including statutory damages available to a consumer under a data-breach right of action (such as the damages provided under California Civil Code section 1798.150). The monetary caps in this section do not apply to any of these.

13. Indemnification

You agree to defend, indemnify, and hold harmless Elevated and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your provision of personal information without appropriate authority or consent; (c) your misuse of the Platform; or (d) your violation of applicable law. You are not required to indemnify Elevated for any claim to the extent it arises from Elevated's own acts or omissions, including Elevated's negligence, its violation of applicable law, or any data breach or unauthorized disclosure of personal information caused by Elevated or its service providers.

14. Term, Termination, and Data Handling

14.1 Term

These Terms apply from the date you create your account and continue while your account is active.

14.2 Cancellation and Termination

You may cancel at any time as described in Section 4.4. Elevated may suspend or terminate your account for material breach (including non-payment or providing data without authority), if required by law, or if your use poses a security or legal risk, with notice where practicable.

14.3 Data Export and Deletion

Following termination, your account will remain accessible in a read-only state for 30 days. Elevated will then delete your account and associated Family Data from active systems, unless retention is required by law. A copy may remain in an encrypted backup until that backup expires in the ordinary course of Elevated’s backup cycle, and Elevated does not restore deleted information to active use. You may ask Elevated for a copy of the source information you provided at any time, including after your account is closed. Elevated will confirm deletion upon written request.

15. Dispute Resolution and Arbitration

Please read this section carefully. It affects how disputes are resolved.

15.1 Informal Resolution

Before initiating arbitration, the parties agree to attempt to resolve any dispute through good-faith negotiation for 30 days after written notice describing the dispute.

15.2 Binding Arbitration

Except as provided below, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its applicable rules, before a single arbitrator, seated in Salt Lake County, Utah (proceedings may be conducted remotely). Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, scope, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court, and not the arbitrator, decides whether the class action waiver in Section 15.3 is enforceable.

15.3 Class Action Waiver

All proceedings shall be conducted on an individual basis. Neither party may bring a claim as a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a claim, that claim shall be severed and litigated in court while all other claims proceed in arbitration.

15.4 Your Right to Opt Out of Arbitration

You may opt out of this arbitration agreement (Sections 15.2 and 15.3) by sending written notice to legal@elevatedstudents.ai within 30 days after you first accept these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

15.5 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek emergency injunctive relief in court to prevent irreparable harm. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Nothing in these Terms deprives you of the protection of any mandatory consumer-protection provisions of the law of the state where you reside that cannot be waived by agreement; to the extent any such provision applies, it prevails over any conflicting provision of these Terms. The Federal Arbitration Act governs Section 15.

16.2 Changes to These Terms

Elevated may amend these Terms by posting an updated version and providing notice to the email associated with your account. Material changes take effect 30 days after notice unless you cancel during that period. For material changes, we may require you to re-accept the Terms through a click-through. Continued use after an amendment takes effect constitutes acceptance.

16.3 Assignment

You may not assign these Terms without Elevated's prior written consent. Elevated may assign these Terms, in whole or in part, without notice to or consent from you, to an affiliate or subsidiary or to a successor entity in connection with a merger, acquisition, asset sale, corporate restructuring, reorganization, financing, change of control, or sale of all or substantially all of its assets or business. These Terms bind and benefit the parties and their respective successors and permitted assigns.

16.4 Entire Agreement; Severability; Waiver; Force Majeure

These Terms, with the Privacy Policy and any Fee Schedule or order, are the entire agreement between you and Elevated regarding the Platform and supersede prior agreements on this subject. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder continues in force. No failure to enforce a provision is a waiver. Neither party is liable for delays caused by events beyond its reasonable control.

16.5 Notices and Contact

Notices to Elevated should be sent to legal@elevatedstudents.ai or by mail to Elevated Environments LLC, 7533 S Center View Ct #5889, West Jordan, UT 84084. Elevated will send notices to the email associated with your account.