Elev8 Amplify Marketing

Effective Date: 9/24/2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR AI MARKETING PLATFORM AND SERVICES.

1. ACCEPTANCE OF TERMS

By accessing or using Elev8 Amplify Marketing's services ("Services"), including our AI-powered conversational agents, marketing automation platform, and related tools, you agree to these Terms of Service ("Terms"). If you're using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. SERVICES DESCRIPTION

Elev8 Amplify Marketing provides:

• AI-powered conversational voice and chat agents

• Marketing automation and lead generation tools

• CRM integration and management

• 24/7 autonomous booking and customer engagement

• Email and SMS marketing automation

• Analytics and reporting dashboards

• Custom AI training for business-specific needs

3. ACCOUNT REGISTRATION

To use our Services, you must:

• Be at least 18 years old

• Provide accurate, complete information

• Maintain security of your credentials

• Notify us of unauthorized access

• Be responsible for all account activity

4. SUBSCRIPTION AND BILLING

Subscription Terms:

• Monthly or annual billing cycles available

• Automatic renewal unless cancelled

• Price changes with 30-day notice

• No refunds for partial periods

Payment Terms:

• All fees in USD unless specified

• Taxes additional where applicable

• Late payments subject to 1.5% monthly interest

• Service suspension for non-payment after 7 days

5. ACCEPTABLE USE POLICY

You agree NOT to:

• Violate any laws or regulations

• Infringe intellectual property rights

• Transmit spam or unsolicited communications

• Interfere with service operations

• Attempt unauthorized access

• Use Services for illegal or harmful purposes

• Misrepresent AI agents as human operators

• Violate CAN-SPAM, TCPA, or similar laws

6. AI SERVICES SPECIFIC TERMS

AI Agent Usage:

• You must clearly disclose AI usage to end-users

• You're responsible for AI agent outputs in your business context

• We don't guarantee 100% accuracy of AI responses

• You must review and approve automated workflows

• Training data you provide must be lawful to use

Data Processing:

• We process data according to your instructions

• You maintain ownership of your business data

• We may use anonymized data for improvement

• You're responsible for obtaining necessary consents

7. INTELLECTUAL PROPERTY

Our Property:

• All platform technology, AI models, and branding

• Improvements and derivatives of our Services

• Documentation and training materials

Your Property:

• Your business data and content

• Custom configurations and workflows

• Customer lists and relationships

License Grant:

• We grant you a limited, non-exclusive license to use Services

• You grant us license to process your data per these Terms

8. DISCLAIMERS AND WARRANTIES

Services provided "AS IS" without warranties of:

• Merchantability or fitness for purpose

• Uninterrupted or error-free operation

• Complete accuracy of AI outputs

• Compatibility with all systems

We DO warrant:

• Commercially reasonable security measures

• Substantial conformity with documentation

• Professional service delivery

9. LIMITATION OF LIABILITY

We are NOT liable for:

• Indirect, consequential, or punitive damages

• Lost profits or business opportunities

• Damages exceeding fees paid in last 12 months

• Third-party actions or content

Exceptions:

• Gross negligence or willful misconduct

• Death or personal injury

• Violations of applicable law

10. INDEMNIFICATION

You agree to indemnify us against claims arising from:

• Your use of Services

• Violation of these Terms

• Infringement of third-party rights

• Your business operations

• End-user interactions with AI agents

11. TERMINATION

Either party may terminate:

• For convenience with 30 days notice

• Immediately for material breach

• Immediately for insolvency/bankruptcy

Upon termination:

• Access ends immediately

• Data available for export for 30 days

• Fees remain due and payable

• Survival of applicable provisions

12. MODIFICATIONS

We may modify these Terms:

• With 30 days notice for material changes

• Immediately for legal compliance

• Continued use constitutes acceptance

13. GOVERNING LAW

These Terms are governed by:

• Laws of Texas, USA

• Without regard to conflict of laws

• Disputes resolved in Texas courts

14. DISPUTE RESOLUTION

Resolution process:

1. Good faith negotiation (30 days)

2. Mediation (if agreed)

3. Binding arbitration (JAMS rules)

4. Small claims court exception

15. GENERAL PROVISIONS

• Entire Agreement: These Terms supersede prior agreements

• Severability: Invalid provisions don't affect others

• No Waiver: Must be in writing to be effective

• Assignment: We may assign; you need consent

• Force Majeure: No liability for circumstances beyond control

16. CONTACT INFORMATION

Elev8 Amplify Marketing

Legal Department

Email: [email protected]

Phone: 972-433-5673