Terms of Service

Last updated: July 2, 2026

Charter-school customers: your paid engagement is governed by the executed Master SaaS & Services Agreement (“MSA”), the FERPA Data Processing Agreement, and the NY Education Law §2-d Addendum, together with the Order Form. Those documents control over these general website Terms in the event of any difference. The summary below mirrors the MSA’s structure so you can review it quickly — the signed documents are authoritative.

1. Definitions & agreement

These Terms govern access to and use of AskElira’s websites, applications, and services (the “Services” or “Platform”, at schools.askelira.com). Capitalized terms for school customers have the meanings given in the MSA. By using the Services you agree to these Terms; if you act for an organization, you represent that you are authorized to bind it.

2. Services & subscription packages

AskElira provides an AI-powered enrollment-automation platform for NYC charter schools: a website chat widget, automated email, SMS, and voice-call outreach, enrollment-tracker automation, IEP-director notifications, and a daily ops digest. Every plan includes the complete platform — plans differ in commitment length and billing cadence only, as stated on your Order Form: Standard Annual ($14,400/year billed upfront, or $1,500/month — $18,000/year — billed monthly on the same 12-month commitment) or Seasonal($2,000/month with a 4-month minimum). The executed Order Form / MSA Exhibit A controls the rates and term that apply to your school. AskElira targets Platform availability of at least 99.0% monthly, excluding scheduled maintenance and downtime outside our reasonable control (e.g., subprocessor outages — Twilio, VAPI, Vercel, Turso — or your connectivity). Outbound voice/SMS is subject to the messaging restrictions in Section 5 and the MSA.

3. Customer obligations & accounts

You are responsible for the accuracy of your account information, safeguarding credentials, and all activity under your account. You will designate Authorized Users (your staff), provide timely access to your school website and enrollment data needed for onboarding, and use the Services only for lawful enrollment communications on behalf of your school.

4. Data privacy & security

For school customers, all handling of student and guardian data is governed by the Data Processing Agreement and NY §2-d Addendum. The school is the data controller and owner; AskElira is a FERPA processor / “school official” acting only on your instructions. We do not sell student data, use it for marketing, or use it to train AI models beyond delivering the Service. Security controls include encryption in transit (TLS 1.2+) and at rest, application-level envelope encryption (AES-256-GCM) for school system credentials, multi-factor sign-in enforced on every dashboard account including our own administrators (a password held only as a salted digest, then a single-use link emailed to that person), role-based access, security-event logging, and practices aligned to the NIST Cybersecurity Framework, plus prompt breach notification. See Legal & compliance.

5. Fees, payment & messaging

Paid plans are billed in advance (monthly, or annually with a discount) per the Order Form through our payment processor. Fees are non-refundable except as expressly provided in the MSA. Subscriptions renew for successive terms; AskElira may adjust Fees for a renewal term on at least 60 days’ written notice, and you may decline by giving notice before the term ends. Where the Services send messages (SMS, email, voice) on your behalf, you are responsible for obtaining recipient consent and complying with applicable law and carrier rules (TCPA, CAN-SPAM, CTIA). Recipients may opt out of texts by replying STOP (HELP for help). See our SMS Terms.

5a. SMS text-messaging program (charter enrollment)

AskElira Charter Enrollment Messaging. Schools using AskElira send enrollment-related text messages to guardians who opt in — seat offers, registration reminders, document checklists, deadlines, and appointment notices.

  • How guardians opt in: Guardians opt in by checking an optional, unchecked-by-default consent box on the school’s enrollment application — the online enrollment form (web form) or the paper enrollment form. Checking the box is the complete opt-in; no reply or confirmation step is required. Opting in cannot be done by text message: a guardian who texts the school’s enrollment number is sent a link to the same consent form and nothing is recorded until they complete it. Opting in is voluntary and is not a condition of enrollment, admission, or any school service; the application can be submitted without opting in.
  • Message types: Seat offer and acceptance confirmations; Registration and document reminders; Enrollment deadline notices; Appointment / open-house reminders.
  • Frequency: Message frequency varies based on your child’s enrollment stage. Automated messages and calls are sent Monday through Friday only, between 8:00 AM and 8:00 PM — in Eastern Time and in your own local time, whichever window is narrower (replies to your own messages may arrive any time). You will not receive marketing messages.
  • Cost: Message and data rates may apply, depending on your mobile carrier plan.
  • Opt out: Reply STOP to any message to unsubscribe at any time. You will receive a single confirmation that you have been unsubscribed.
  • Help: Reply HELP for help, or contact your school’s main office.
  • Carriers: Carriers are not liable for delayed or undelivered messages.

Phone numbers collected through enrollment opt-in are used only to send enrollment-related messages on behalf of the school. We do NOT sell or share mobile opt-in data or phone numbers with third parties or affiliates for their marketing purposes. No mobile information is shared for promotional or marketing purposes. See our Privacy Policy and SMS Terms.

6. Intellectual property & feedback

The Platform, including its software and branding, is owned by AskElira and protected by law; these Terms grant only the right to use the Services as permitted. You retain ownership of content and Customer Data you provide and grant AskElira a license to host and process it solely to operate the Services. Feedback you provide may be used by AskElira without obligation, and never includes your Protected Data or personally identifiable information.

7. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms. Protected Data is additionally governed by the DPA and §2-d Addendum.

8. Warranties & disclaimers

Except as expressly stated in the MSA, the Services are provided “as is” and “as available,” without warranties of any kind to the maximum extent permitted by law. AI-generated responses may be inaccurate; you are responsible for reviewing outputs before relying on them.

9. Term & termination

The term is set on your Order Form and renews unless either party gives notice. Either party may terminate for cause on a material breach not cured within 30 days of written notice, or on the other party’s insolvency. On termination, AskElira will delete or return Customer Data and Protected Data within the timeframes in the DPA and §2-d Addendum; if you terminate for AskElira’s uncured breach, prepaid unused Fees are refunded pro-rata. Provisions that by nature should survive termination do so.

10. Indemnification

Each party will indemnify the other as set out in the MSA — including AskElira’s indemnity for its material breach or third-party IP infringement, and Customer’s indemnity for its content and its violation of law (including messaging-consent laws).

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data. Each party’s aggregate liability is capped as stated in the MSA (based on the Fees paid in the period preceding the claim). Nothing limits liability that cannot be limited by law.

12. Governing law & disputes

These Terms and the MSA are governed by the laws of the State of New York, excluding its conflict-of-laws rules. The parties will attempt good-faith resolution before litigation and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York. Either party may seek emergency injunctive relief without first negotiating, to prevent irreparable harm.

13. Insurance

AskElira maintains the insurance coverage described in Section 13 of the MSA — commercial general liability and technology errors & omissions / cyber liability — and will provide a Certificate of Insurance on written request.

14. General provisions

These Terms, the MSA, the DPA, the §2-d Addendum, and the Order Form are the entire agreement for school customers and supersede prior understandings. If a provision is unenforceable, the rest remains in effect. Neither party is liable for delays caused by events beyond its reasonable control (force majeure). We may update these Terms and will revise the “Last updated” date; continued use after changes means you accept them.

15. Contact

Questions: elira@askelira.com.

See also our Privacy Policy, Legal & compliance (MSA · DPA · NY §2-d), and SMS Terms.