This document outlines the legal terms and conditions that apply to all products, tools, templates, resources, and materials developed and distributed by the Elaren Discretionary Trust, acting through its corporate trustee, Elaren Global Pty Ltd (collectively referred to as "Elaren", "we", "our" or "us").
By accessing or using any part of the Elaren™ system, including the Clarity Always™ suite and related trademarks, you agree to these terms and our Privacy Policy (www.elaren.com/privacy).
1. Intellectual Property and Use Licence
All Elaren™ content, including templates, frameworks, visuals, prompts, guides, and systems, is protected by copyright, trademark, and Australian intellectual property law.
You are granted a non-transferable, non-exclusive licence for personal or internal organisational use only.
You may not:
• Reproduce, share, or redistribute content outside your licensed team or organisation.
• Modify, adapt, rebrand, or incorporate any part of Elaren™ intellectual property into external systems, platforms, or deliverables.
• Use our materials in any way that competes with, mimics, or substitutes for Elaren™ offerings.
• Present Elaren™ content as your own or imply endorsement without written permission.
IP Enforcement Procedures:
• Notice and takedown procedures for unauthorised use.
• Graduated response system (warning, suspension, termination).
• Right to disable access immediately for serious breaches.
• Cooperation with law enforcement for criminal infringement.
Fair use, fair dealing, or similar exceptions under applicable copyright law are not restricted by these terms.
2. Commercial Use and Licensing
To use Elaren™ materials with clients, across business units, or within commercial products or services, a commercial licence is required. Contact support@elaren.com for licensing terms and pricing.
Commercial use includes:
• Client consulting engagements.
• Training delivery for external parties.
• Inclusion in paid services or courses.
• Use across multiple legal entities.
• Any revenue-generating application.
Boundary clarifications:
• Sharing with business partners requires a commercial licence.
• Use by contractors or consultants must be covered under your licence scope.
• Merger or acquisition scenarios require written approval for licence transfer.
• Franchise or subsidiary use requires separate licensing per legal entity.
Unauthorised commercial use constitutes breach of contract and copyright infringement, and may result in damages including actual losses, profits gained from infringement, and reasonable legal costs. In cases where actual damages are difficult to quantify, liquidated damages may apply as determined by applicable law.
3. Professional Advice Disclaimer
Elaren™ materials are designed for internal planning, team alignment, and communication support. They do not constitute:
• Legal advice.
• Human resources, industrial relations, or employment law guidance.
• Psychological, therapeutic, or clinical recommendations.
• Business coaching, executive consulting, or professional advisory services.
Any tools, scripts, examples, or prompts are general in nature and do not consider your specific circumstances. You must seek appropriate professional advice before making legal, personnel, or organisational decisions based on Elaren™ content.
Elaren™ is not liable for any outcomes related to actions taken using our coaching, reflection, or development resources. You use these materials at your sole discretion and risk.
If you receive written or verbal responses from Elaren coaching support channels, including email or digital platforms, those responses are general in nature and should not be relied upon as personalised advice.
4. User Responsibility and Compliance
You are solely responsible for ensuring that your use of Elaren™ tools complies with:
• Commonwealth, state, and territory employment laws.
• Anti-discrimination, privacy, and data protection regulations.
• Internal workplace policies, codes of conduct, and review processes.
Elaren™ tools must not be used as legal evidence or relied upon in disciplinary, grievance, or formal HR proceedings without review by a qualified legal or HR professional.
5. AI Use and Sensitive Data Handling
Some Elaren™ tools include optional prompts for use with generative AI platforms. By using AI with our tools, you agree that:
Your responsibilities:
• You must not enter any personal, sensitive, or legally protected information into AI platforms unless you have confirmed that the system complies with all applicable data privacy laws and your organisation's internal data policies.
• You must redact any personally identifiable, sensitive, or confidential information before entering it into any AI platform unless full compliance has been verified.
• You are responsible for configuring your AI tools to meet relevant security and regulatory standards, including but not limited to the Privacy Act 1988, GDPR, and other applicable privacy legislation.
• You must verify AI platform compliance with applicable privacy laws.
• You must ensure appropriate data processing agreements are in place.
• You must configure AI tools for appropriate data retention and deletion.
• You must monitor AI outputs for accuracy and appropriateness.
• You must maintain records of AI use for compliance purposes.
You also warrant that AI-generated outputs derived from our materials will not violate third-party rights or laws, including but not limited to defamation or copyright.
Elaren™ does not store, access, or process any data submitted to third-party AI platforms. We disclaim all liability for AI platform security, data handling, or output accuracy.
You acknowledge that data entered into generative AI platforms may be retained by those providers and could be subject to legal discovery or subpoena, even if deleted.
6. Prohibited Uses
You may not:
• Deliver Elaren™ materials to clients without a valid commercial licence.
• Sell, repackage, or publicly distribute any part of our content.
• Use the tools in contexts that are defamatory, misleading, unlawful, or deceptive.
• Use behavioural prompts or scripts without adapting them to reflect respect, safety, and inclusion.
7. Refunds and Consumer Rights
Due to the digital and instantly accessible nature of our products, all sales are final unless otherwise stated on the relevant product page, except for:
• Technical issues preventing access (must be reported within 14 days).
• Material non-conformity with product description.
• Rights under applicable consumer law.
We may provide implementation assistance at our sole discretion for technical issues. Contact support@elaren.com for assistance.
Australian Consumer Law: Despite our refund policy, you retain statutory rights under the ACL for defective goods or services. These cannot be excluded by contract.
International consumers: Consumer protection rights in your jurisdiction may provide additional remedies.
8. Dispute Resolution and Governing Law
These terms are governed by the laws of South Australia, Australia. Any disputes, claims, or proceedings arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts of South Australia, except where required by mandatory consumer protection laws to be resolved in the user's local jurisdiction.
You acknowledge that unauthorised use of Elaren's intellectual property would cause irreparable harm. Elaren is entitled to seek specific performance or injunctive relief without proving monetary damages.
9. Indemnity and Liability Limitations
By using Elaren™ materials, you agree to indemnify and hold harmless Elaren Global Pty Ltd, the Elaren Discretionary Trust, and their directors, officers, contractors, employees, and affiliates from any:
• Claims, damages, or losses arising from your breach of these terms.
• Legal consequences of decisions made based on our content.
• Third-party claims arising from your actions or failure to comply with these terms.
This indemnification does not apply to claims resulting from Elaren's gross negligence or wilful misconduct.
Liability limitations:
To the maximum extent permitted by law, Elaren's total liability for any claim relating to your use of the materials shall not exceed the lesser of:
• Amount paid by you in the preceding 12 months.
• $1,000 AUD.
This limitation applies to all claims, whether in contract, tort, negligence, or otherwise.
Excluded damages:
Elaren is not liable for indirect, consequential, special, or punitive damages, including:
• Lost profits or revenue.
• Business interruption.
• Reputational harm.
• Data loss or corruption.
• Emotional, psychological, or organisational harm.
Exceptions:
These limitations do not apply to:
• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Breaches that cannot be limited by law.
10. Monitoring and Enforcement
Elaren reserves the right to monitor, investigate, and enforce compliance with these terms. We may use methods including:
• Digital watermarking or access tracking.
• Footer integrity checks.
• User reporting and audit triggers.
• Manual or automated content verification.
Unauthorised use may result in:
• Suspension of access.
• Account termination.
• Legal action.
We reserve the right to report serious breaches to authorities or initiate civil proceedings to protect our IP and commercial rights.
You may report security incidents to support@elaren.com for informational purposes only. Such notification does not create any obligation for Elaren to investigate, respond, or take action regarding the incident.
11. Force Majeure
Elaren is not liable for delays, losses, or failures caused by events beyond our reasonable control, including but not limited to:
• Acts of God or natural disasters.
• Government restrictions or regulatory actions.
• Internet outages or platform disruptions.
• Cyber-attacks or data breaches.
• Pandemics or epidemics.
• Strikes or labour disruptions.
12. Notices and Communication
Notices related to this agreement must be sent to:
• To Elaren: support@elaren.com
• To you: Your registered email address
Notices are deemed received 24 hours after sending (if by email) or five business days after mailing (if by post).
13. Termination
We may suspend or terminate your licence or access to materials if you breach these terms. We may, at our sole discretion, provide notice and opportunity to remedy breaches. We reserve the right to terminate immediately for serious breaches or repeat violations.
The following clauses survive termination:
• Intellectual Property.
• Indemnity and Liability.
• Jurisdiction.
• Confidentiality and Data Protection.
Upon termination, you may be required to certify in writing that all Elaren materials have been deleted or destroyed.
14. Privacy and Data Handling
Your use of Elaren products must comply with:
• The Elaren Privacy Policy.
• Applicable data protection laws (e.g. Privacy Act 1988, GDPR, CCPA).
• Your organisation's data security protocols.
Elaren acts solely as a tool provider. Users remain the data controller for any personal information processed using our materials.
Where you use our tools with personal data, you are responsible for:
• Obtaining valid consent.
• Securing sensitive information.
• Ensuring lawful and ethical processing.
• Implementing appropriate access, storage, and deletion practices.
Users are responsible for complying with applicable data protection laws in their jurisdiction. Elaren does not act as a data controller for information processed using our tools.
Elaren is not responsible for how you use or store personal information within your own organisation or systems.
15. Confidentiality
You agree not to disclose or misuse any confidential information you access through your use of Elaren tools, including:
• Internal tool logic or system design.
• Proprietary frameworks, prompts, or templates.
• Future product features or unpublished content.
• Pricing models or roadmap items not publicly released.
This obligation survives termination of your licence.
16. Use Context Limitations
Elaren tools are not designed for:
• Formal performance management or legal proceedings.
• Workplace investigations or conflict resolution.
• Enterprise deployment without a multi-user licence.
• Use in regulated HR, medical, legal, or mental health settings.
If you choose to use our tools in such contexts, you do so entirely at your own risk and must obtain independent professional advice.
17. System Branding and Attribution
You must not remove or alter footer references, logos, branding, or framework references unless explicitly permitted in writing. We reserve the right to audit tool usage and request evidence of attribution integrity.
18. System Evolution
We continuously improve our tools. Updates may occur periodically. You are responsible for checking for the latest version and using it in accordance with the most current Terms of Use and Privacy Policy.
We may update these terms at any time. Continued use of the tools after changes constitutes acceptance. We may notify users of significant changes via email or platform alerts where reasonably practicable, but failure to receive notice does not affect the validity of updates.
19. Non-Waiver and Severability
If any provision in this document is found invalid or unenforceable, it will be severed, and the remainder will remain in full force. No failure to enforce a right constitutes a waiver of that right.
20. Definitions
• "Elaren" refers to the Elaren Discretionary Trust and its corporate trustee, Elaren Global Pty Ltd (ACN [Insert]).
• "User" or "you" means the individual or entity accessing or using our tools.
• "Commercial Use" means any use outside your own organisation or for financial gain.
• "Materials" refers to all templates, tools, guides, digital content, prompts, and systems provided by Elaren.
• "External systems" means platforms outside your licensed organisation, including but not limited to SaaS tools, LMSs, or public training programs.
21. Entire Agreement
These Terms, along with our Privacy Policy, represent the entire agreement between you and Elaren and supersede all prior agreements or representations.
22. Contact
For any questions about these terms, licensing, or permissions, contact:
