These Terms of Service ("Terms") govern your use of the ELPReady voice-based English Language Proficiency assessment service ("Service") provided by ELPReady, Inc. ("we," "our," or "us"). By using our Service, you agree to these Terms.
Plain English: ELPReady helps you assess driver English proficiency. We provide the tools; you're responsible for how you use the results in your compliance program.
1. Service Description
ELPReady provides a voice-based assessment tool designed to evaluate English language proficiency of commercial motor vehicle (CMV) drivers as referenced in 49 CFR § 391.11(b)(2). The Service includes:
- Voice-based ELP assessments delivered via web browser
- SMS or Email delivery of assessment links to drivers
- Assessment result documentation and certificates
- Fleet management dashboard and reporting
2. Important Disclaimer
ELPReady is an assessment tool, not a certification authority. Our assessments are designed to help motor carriers evaluate driver English proficiency. We do not guarantee that drivers who pass our assessment will pass a roadside inspection, nor do we guarantee regulatory compliance. Final compliance decisions remain your responsibility as the motor carrier.
3. Account Registration
To use the Service, you must:
- Provide accurate and complete registration information
- Be authorized to act on behalf of your organization
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
4. Acceptable Use
You agree to use the Service only for its intended purpose. You may not:
- Use the Service to assess individuals who are not CMV drivers
- Share assessment links with unauthorized parties
- Attempt to manipulate or falsify assessment results
- Reverse engineer or copy our assessment methodology
- Use the Service in any way that violates applicable law
5. Pricing and Payment
Pay As You Go
Assessments are charged at the rate displayed at time of purchase. Payment is due upon assessment completion.
Subscription Plans
Monthly subscriptions are billed in advance. You may cancel at any time; cancellation takes effect at the end of your current billing period. No refunds for partial months.
Free Assessments
First-time users receive 3 free assessments. Free assessments may be subject to additional terms and cannot be combined with other offers.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to our data practices as described in the Privacy Policy.
7. Intellectual Property
All content, features, and functionality of the Service are owned by ELPReady and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written permission.
8. Assessment Results
Assessment results are provided "as-is" based on the driver's verbal responses at the time of assessment. We do not guarantee:
- That results reflect a driver's proficiency under different conditions
- That passing our assessment ensures passing a DOT inspection
- That our assessment methodology matches any specific inspector's approach
9. Limitation of Liability
To the maximum extent permitted by law, ELPReady shall not be liable for:
- Any indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Regulatory penalties or fines imposed on your organization
- Damages arising from driver out-of-service orders
Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless ELPReady from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.
11. Modifications
We may modify these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.
12. Termination
We may suspend or terminate your access to the Service for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service ends immediately, but provisions that should survive termination will remain in effect.
13. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Texas.
14. Contact
Questions about these Terms? Contact us at:
Email: legal@elpready.com
Address: ELPReady, Inc.