Elevista Connect Terms of Service

These Terms of Service (the "Terms") govern your access to and use of Elevista Connect (the "Service"), including our website, applications, and related software and services, provided by Elevista, LLC ("Elevista," "we," "us," "our"). By creating an account, clicking "I agree," or using the Service, you agree to these Terms.

If you use the Service on behalf of an entity, you represent that you have authority to bind that entity, and "you" means that entity.

1) Definitions

• "Account" means the account you register to access the Service.
• "Authorized Users" means individuals you permit to use the Service under your Account.
• "Customer Data" means data, content, and materials submitted to the Service by you or your Authorized Users, including communications content if applicable.
• "Documentation" means our published user guides and help content.
• "Order" means your self-serve checkout selection, plan choice, or any ordering flow that references these Terms.
• "AUP" means the Acceptable Use Policy posted for the Service and incorporated by reference.

2) Eligibility and Account Registration

You must be at least 18 years old to use the Service.

You agree to:

• Provide accurate Account information.
• Keep your Account information current.
• Keep login credentials confidential.
• Be responsible for all activity under your Account.

Notify us promptly of any unauthorized use.

3) The Service

3.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Documentation for your internal business purposes during your subscription term.

3.2 Restrictions

You will not, and will not allow others to:

• Reverse engineer, decompile, or attempt to discover source code or underlying systems (except where prohibited by law).
• Copy, modify, or create derivative works of the Service.
• Resell, sublicense, or provide the Service to third parties as a service bureau.
• Bypass security, access controls, or usage limits.
• Use the Service to build a competing product or to publish benchmarks without our written consent.

3.3 Changes to the Service

We may update or modify the Service over time, including adding, removing, or changing features. We may also discontinue features. If a change materially reduces core functionality of a paid plan, we will use reasonable efforts to provide notice.

4) Roles and Administration

The Service may support roles such as Owner, Admin, and Viewer.

• The Owner controls the Account and may designate Admins.
• Admins may manage Authorized Users and settings as permitted by the Service.
• Viewers have read-only or limited access as configured.
• You are responsible for all actions taken by your Authorized Users, including any Owner or Admin actions.
• We may rely on instructions from the Owner (and Admins where applicable) for Account administration.

5) Customer Data

5.1 Ownership

As between you and Elevista, you own Customer Data. We do not claim ownership of Customer Data.

5.2 Your Responsibilities

You represent and warrant that:

• You have all rights and permissions needed to submit Customer Data.
• Your Customer Data and use of the Service comply with applicable law and the AUP.
• You will provide all required notices and obtain all required consents for communications (including calls and SMS) and any transcription or analysis you enable.

5.3 Processing, Hosting, and Subprocessors

We process Customer Data to provide, secure, and improve the Service, prevent misuse, and comply with law.

We may use service providers (subprocessors) to help deliver the Service, such as hosting, analytics, communications, and transcription providers. Our subprocessors may change over time.

5.4 Data Retention and Deletion

• Active Accounts: We retain Customer Data according to our operational needs and the retention practices of our hosting and service providers.
• After Termination: We will make Customer Data available for export for a reasonable period (typically 30 days) after termination, unless legally prohibited or technically infeasible.
• After that period, we may delete or anonymize Customer Data from our systems and instruct our service providers to do the same, subject to their retention cycles, backups, and legal requirements.
• Some data may persist in backups for a limited time.

If you need a specific retention schedule (for example, 7 years), you must configure your own exports and archiving.

6) AI, Transcription, Calls, and SMS (If Enabled)

The Service may support calling, SMS, transcription, and AI-generated outputs.

You agree that:

• AI outputs and transcriptions may be inaccurate.
• You will verify outputs before relying on them.
• You are responsible for consent, recording laws, and communications compliance (including TCPA and carrier rules).

We do not provide legal advice through the Service.

7) Third-Party Services

The Service may integrate with third-party services. Your use of third-party services is subject to their terms. We are not responsible for third-party services, including outages or data handling outside our control.

8) Fees, Plans, Billing, and Taxes

8.1 Plans

We offer self-serve subscription plans that may include:

• Month-to-month subscription
• Annual subscription
• Lifetime plan (limited offer)

Plan features and pricing are described at checkout or in the Service.

8.2 Monthly and Annual Subscriptions

• Monthly plans bill monthly and renew automatically each month until canceled.
• Annual plans bill annually and renew automatically each year until canceled.

You can cancel renewal in your billing settings. Cancellation stops future renewals. It does not retroactively refund amounts already paid, except where required by law or expressly stated by us.

8.3 Lifetime Plan (First 100 Customers)

If offered at checkout, the "Lifetime" plan:

• Is available only to the first 100 customers who complete purchase (as determined by our records).
• Provides access to the Service for as long as we continue to make the Service generally available.
• Does not guarantee that any specific features, integrations, or pricing tiers will exist forever.
• Does not include any SLA.
• May be subject to reasonable usage limits and the AUP.

If we discontinue the Service entirely, your sole remedy is that we stop charging you (which will feel underwhelming if you already paid, but it is how lifetime plans work in real life).

8.4 Payment Authorization

You authorize us (and our payment processors) to charge your payment method for fees, taxes, and applicable renewals.

8.5 Price Changes

We may change pricing for new purchases and renewals. If we change pricing for your plan, we will provide notice before your next renewal where required.

8.6 Taxes

Fees exclude taxes. You are responsible for applicable taxes, except taxes on our net income.

8.7 Refunds

Fees are non-refundable except where required by law or expressly stated in writing by Elevista.

9) No SLA and Support

No SLA applies unless we explicitly agree in writing.

We may offer support channels and response targets as a courtesy, not a contractual guarantee.

10) Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that a reasonable person would understand to be confidential.

Each party will:

• Use Confidential Information only to perform under these Terms.
• Protect it with reasonable care.
• Not disclose it except to contractors who need to know and are bound by confidentiality.

Confidential Information excludes information that is public, independently developed, or rightfully received without confidentiality obligations.

11) Security

We maintain reasonable administrative, technical, and organizational measures designed to protect Customer Data. You are responsible for:

• Securing Account credentials.
• Managing Authorized User access.
• Configuring settings appropriately for your compliance needs.

12) Intellectual Property

We and our licensors own all rights in the Service and Documentation.

If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without compensation.

13) Suspension and Termination

13.1 Suspension

We may suspend access if:

• You violate the AUP or these Terms.
• Your use creates a security risk or materially harms the Service.
• We are required by law.
• Your payment is past due (subject to notice where required).

13.2 Termination by You

You may stop using the Service at any time. You may cancel renewals in your billing settings.

13.3 Termination by Us

We may terminate if you materially breach and do not cure within a reasonable period, or immediately for serious violations (including AUP violations).

13.4 Effect of Termination

Upon termination:

• Your license ends.
• Access ends.
• Data handling follows Section 5.4.

14) Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant uninterrupted or error-free operation. We do not warrant that AI outputs or transcriptions are accurate.

15) Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
• Our total liability arising out of or related to the Service or these Terms will not exceed the amounts you paid to Elevista for the Service in the 12 months before the event giving rise to the claim (or $100 if you have not paid any amounts).

Some jurisdictions limit these exclusions, so they may not fully apply.

16) Indemnification

16.1 By You

You will defend, indemnify, and hold harmless Elevista and its personnel from claims arising from:

• Customer Data.
• Your use of the Service in violation of these Terms or the AUP.
• Your communications activity (calls, SMS), including lack of required consent.
• Your violation of law.

16.2 By Us

We will defend and indemnify you from third-party claims that the Service infringes a US patent, copyright, or trademark, if you:

• Promptly notify us.
• Let us control the defense and settlement.
• Cooperate reasonably.

We have no obligation for claims arising from Customer Data, third-party services, modifications, or use not in accordance with these Terms.

17) Dispute Resolution, Arbitration, and Class Action Waiver

17.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt informal resolution.

17.2 Binding Arbitration

Except for carve-outs below, disputes will be resolved by binding arbitration, not court, on an individual basis.

17.3 Class Action Waiver

You and Elevista agree to bring claims only in an individual capacity and not as a class or representative action.

17.4 Carve-Outs and Courts

Either party may seek injunctive or equitable relief in court for IP protection or to stop unauthorized access or security breaches.

For those court actions, venue and jurisdiction are:

• Connecticut Superior Court, Judicial District of Middlesex
• U.S. District Court for the District of Connecticut

17.5 Governing Law

Connecticut law governs these Terms, without regard to conflict of law rules.

18) Compliance and Prohibited High-Risk Use

You may not use the Service for:

• HIPAA-regulated PHI unless we sign a Business Associate Agreement.
• Emergency services, dispatch, or life-critical decisions.
• Illegal activity.

19) Notices

Legal notices to Elevista:

We may notify you via the Service, email, or posting in-app.

20) Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice. Continued use after the effective date means you accept the updated Terms.

21) Miscellaneous

• Assignment: You may not assign these Terms without our consent. We may assign in connection with a corporate transaction.
• Entire Agreement: These Terms and any Order are the complete agreement about the Service.
• Severability: Unenforceable provisions are modified to the minimum extent needed; the rest remains effective.
• Waiver: Failure to enforce is not a waiver.
• Force Majeure: Neither party is liable for delays outside reasonable control.