Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you," "Customer") and Elevate Clients Inc. ("Company," "we," "us") and govern your access to and use of ElevateInboxes.com and any service we operate (collectively, the "Service"). By creating an account, placing an order, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

We provision Microsoft 365 Outlook mailboxes on domains you supply, configure DNS records, and prepare mailboxes for outbound email use. Specifications, pricing, and timing are described on our website and are subject to change without notice. We make no guarantees regarding deliverability, inbox placement, sender reputation, response rates, or any other outcome from your use of the Service.

2. Account; Eligibility

You must be at least 18 years old and have legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to update it as needed. We may suspend or terminate accounts at our sole discretion, including for inaccurate information, suspected unauthorized use, or any reason or no reason.

3. Acceptable use

You agree not to use the Service to: (a) send unlawful, fraudulent, deceptive, harassing, defamatory, hateful, sexually explicit, or otherwise objectionable content; (b) violate the CAN-SPAM Act, Telephone Consumer Protection Act, GDPR, CASL, or any other applicable law, regulation, or industry standard governing electronic communications; (c) impersonate any person or entity or misrepresent your affiliation; (d) send to recipient lists obtained without proper consent or through scraping, purchasing, or other prohibited means; (e) violate the terms of service of any platform integrated with our Service, including but not limited to Microsoft, registrars, and email sending platforms; (f) attempt to disrupt, reverse engineer, or gain unauthorized access to the Service; or (g) use the Service in any manner that creates risk of legal liability for us.

You are solely responsible for the content, recipients, and consequences of all messages sent using infrastructure provisioned through the Service. We are not responsible for monitoring or reviewing your messages and have no obligation to do so.

4. Suspension and termination

We may suspend or terminate the Service or your account immediately, without notice, for any reason, including but not limited to: violation of these Terms; suspected fraudulent, abusive, or illegal activity; nonpayment; deliverability incidents that we determine pose risk to our infrastructure or other customers; receipt of complaints, blacklist listings, or law enforcement requests related to your activity; or our discretion to discontinue any aspect of the Service.

Upon termination, your right to use the Service ceases. Provisions of these Terms that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.

We are not obligated to refund any fees in the event of termination for cause, and we are not liable for any loss resulting from suspension or termination.

5. Fees, billing, and cancellation

The Service is offered on a recurring monthly subscription basis. Fees are charged in advance and are nonrefundable except as required by law or expressly stated by us. By providing payment information, you authorize us and our payment processor to charge the applicable fees on a recurring basis until you cancel.

You may cancel at any time through your dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial periods. After cancellation, we will deprovision the underlying infrastructure at the end of the paid period.

We may modify pricing at any time. Pricing changes apply to subsequent billing periods following reasonable notice.

Any chargeback initiated against us may result in immediate suspension of your account, and you agree to reimburse us for chargeback fees, processing costs, and any related expenses.

6. Replacement guarantee

If a domain we provisioned becomes unable to send during the initial warm-up period due to causes that we determine, in our sole discretion, to be outside your control and not the result of your conduct or content, we may replace the domain at no additional cost. This guarantee is the sole remedy for any deliverability issue and is contingent on your compliance with these Terms. Domains made unable to send due to your content, recipient lists, sending volume, complaints, or violations of acceptable use are not covered.

7. Customer responsibilities

You acknowledge and agree that you are solely responsible for: the legality and content of all messages sent; the source and consent status of all recipient lists; compliance with all applicable laws and platform terms; rotating any credentials you provided to us after setup completes; safeguarding your dashboard login; promptly notifying us of any suspected unauthorized access; maintaining your own backup of any data you upload; and any costs, claims, or damages arising from your use of the Service.

8. Intellectual property

The Service, including all software, designs, content, trademarks, and logos (other than your data and domains), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

You retain ownership of data you submit to us. You grant us a worldwide, royalty-free, non-exclusive license to use, host, store, transmit, and process your data as needed to provide the Service, comply with law, and enforce these Terms. You represent and warrant that you have all necessary rights to grant this license.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT ANY SPECIFIC DELIVERABILITY OUTCOMES, INBOX PLACEMENT, RESPONSE RATES, OR REVENUE. YOU ASSUME ALL RISK FROM USE OF THE SERVICE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEVATE CLIENTS INC., ITS OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE LESSER OF (A) THE FEES YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You will defend, indemnify, and hold harmless Elevate Clients Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of the Service; your content, messages, or recipient lists; your violation of these Terms or any law; your violation of any third-party right, including intellectual property, privacy, or contract rights; or any dispute between you and any third party related to your use of the Service.

We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us. You will not settle any matter without our prior written consent.

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Travis County, Texas, in English. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.

If this arbitration agreement is found unenforceable, then any litigation must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction in those courts.

13. Changes to these Terms

We may modify these Terms at any time, in our sole discretion. Modifications take effect when posted unless otherwise stated. Your continued use of the Service after modifications constitutes acceptance. If you do not agree to modifications, your sole remedy is to stop using the Service and cancel your account.

14. Miscellaneous

These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign freely. Notices to you may be provided by email or by posting on the Service. Notices to us must be sent to hello@elevateclientsinc.com.

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