Terms & Conditions for Elavo AI

1. Acceptance of Terms

By accessing or using Elavo AI (“Elavo AI,” “we,” “our,” or “us”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the platform or services.

These Terms constitute a legally binding agreement between you and Elavo AI regarding your use of the Services.

2. Description of Services

Elavo AI is an AI-native services platform that provides business automation tools and services including, but not limited to:

• AI-powered messaging (SMS/MMS, email, web chat, and social messaging)
• Automated scheduling and calendar management
• Social media marketing automation
• AI-generated customer engagement tools
• Lead follow-up and communication automation
• CRM and workflow integrations
• Business communication and marketing tools
• Payment processing integrations and customer payment collection tools

Services may evolve, change, or be discontinued at any time without prior notice.

Social Media & Third-Party Platform Integrations

Elavo AI may integrate with third-party platforms and services including, but not limited to:

• Meta Platforms services including Facebook and Instagram
• TikTok
• Google services including Gmail, Google Calendar, Google Search Console, Google Analytics, and related APIs
• Third-party payment processors
• CRM, scheduling, and communications providers

By connecting third-party accounts to Elavo AI, you authorize Elavo AI to access, store, transmit, and process data from those services solely for the purpose of providing the Services.

You acknowledge that:

• Your use of third-party platforms remains subject to their respective terms, conditions, privacy policies, and developer requirements
• Elavo AI does not control or guarantee the availability of third-party services
• Third-party integrations may change, become unavailable, or require additional permissions at any time

3. Account Responsibilities

You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality and security of your account credentials
• Be responsible for all activities occurring under your account
• Promptly notify Elavo AI of any unauthorized use or suspected security breach

You are solely responsible for ensuring your use of the Services complies with all applicable laws, regulations, and industry standards.

4. Messaging & 10DLC Compliance

By providing your phone number, you consent to receive SMS messages from Elavo AI or businesses using the platform.

Messaging Terms

• Message frequency varies
• Message and data rates may apply
• Messages may include conversational, transactional, marketing, and promotional content
• Consent is not a condition of purchase

Opt-Out Instructions

You may opt out at any time by replying:

• STOP to unsubscribe
• HELP for assistance

Compliance Requirements

Elavo AI and its users agree to:

• Only send messages to individuals who have provided explicit consent
• Maintain records of opt-in consent
• Comply with applicable carrier regulations, CTIA guidelines, TCPA requirements, and all messaging laws

Failure to comply with messaging regulations may result in immediate suspension or termination of Services.

5. User Responsibilities

If you use Elavo AI to communicate with customers, prospects, or users, you agree to:

• Obtain clear and verifiable consent before sending messages
• Not send spam or unsolicited communications
• Not use the platform for illegal, deceptive, fraudulent, or misleading activities
• Comply with all applicable laws including:
  • TCPA
  • CAN-SPAM
  • GDPR (where applicable)
  • CCPA (where applicable)
  • Consumer protection and advertising laws

You are solely responsible for:

• The content you publish or distribute
• Marketing campaigns
• Customer communications
• Data collection practices
• Consent management

6. Payments, Billing & Subscription Terms

Subscription Billing

Elavo AI services are billed on a recurring subscription basis. By subscribing, you authorize Elavo AI and its payment processors to charge your payment method for all applicable fees, taxes, recurring charges, and usage-based fees.

Subscriptions may include:

• Monthly or annual recurring billing
• Add-on features
• Usage-based messaging or communication fees
• Premium integrations or services

Automatic Renewal

Unless canceled prior to the renewal date, subscriptions automatically renew for successive billing periods.

You authorize Elavo AI to automatically charge your payment method until cancellation.

Free Trials

Elavo AI may offer free trial periods. At the conclusion of a trial, your subscription may automatically convert to a paid subscription unless canceled before the trial ends.

Payment Processors

Elavo AI uses third-party payment processors to securely process payments.

By submitting payment information, you agree to the applicable payment processor’s terms and privacy policies.

Elavo AI does not store full payment card information unless expressly stated.

Customer Payment Processing Services

Elavo AI may provide functionality that enables users (“Subscribers”) to accept, process, facilitate, or manage payments from their own customers through integrated third-party payment processors.

By using customer payment processing features, you acknowledge and agree that:

• Elavo AI is not a bank, money transmitter, payment processor, or financial institution
• Payment processing services are provided by independent third-party payment processors
• Your use of such services is subject to the applicable processor’s terms, underwriting requirements, policies, and approval processes
• You are solely responsible for your relationship with your customers and all transactions processed through your account

You represent and warrant that:

• You are authorized to conduct business and accept payments
• All payment information submitted is accurate and lawful
• You will comply with all applicable laws, card network rules, PCI-DSS requirements, anti-money laundering laws, and consumer protection regulations

You are solely responsible for:

• Customer refunds
• Chargebacks and disputes
• Taxes associated with transactions
• Product or service fulfillment
• Customer support related to transactions
• Fraud prevention and transaction monitoring

Elavo AI does not:

• Guarantee payment authorization or settlement
• Control processor underwriting decisions
• Assume liability for fraudulent transactions
• Hold or control customer funds
• Guarantee processor availability or uptime

Elavo AI reserves the right to suspend or disable payment processing functionality if:

• Fraudulent activity is suspected
• Excessive chargebacks occur
• Required compliance obligations are not met
• Requested by a payment processor, financial institution, or regulatory authority

You agree to indemnify and hold harmless Elavo AI from any claims, losses, disputes, penalties, fines, chargebacks, or liabilities arising from:

• Transactions processed through your account
• Your products or services
• Customer disputes
• Violations of payment processing rules or regulations

Failed Payments

If payment cannot be processed:

• Charges may be retried
• Account access may be suspended
• Certain features may be disabled

You remain responsible for all unpaid balances.

Refund Policy

Unless otherwise required by law or expressly stated in writing:

• Subscription fees are non-refundable
• Partial billing periods will not be prorated
• Messaging, advertising, API, and third-party fees are non-refundable once incurred

Chargebacks & Payment Disputes

You agree not to initiate chargebacks or payment disputes without first contacting Elavo AI to attempt resolution.

Fraudulent or abusive chargebacks may result in:

• Immediate suspension
• Collections activity
• Legal action where permitted by law

Taxes

You are responsible for all applicable taxes, fees, duties, and governmental assessments associated with your use of the Services.

7. Acceptable Use Policy

You may NOT use Elavo AI to:

• Send unsolicited bulk messages or spam
• Promote illegal products or services
• Engage in deceptive, fraudulent, or misleading practices
• Distribute malware or harmful code
• Violate third-party platform rules or policies
• Send prohibited or restricted content
• Harass, abuse, or threaten others

Violation of this policy may result in immediate suspension or termination.

8. Data & Privacy

Your use of the Services is governed by our Elavo AI Privacy Policy.

We implement commercially reasonable safeguards to protect your information. However, no system can guarantee absolute security.

You acknowledge that:

• Data transmitted over the internet may not be completely secure
• Third-party integrations may introduce additional risks
• You are responsible for securing your connected accounts and credentials

9. Third-Party Services

Elavo AI integrates with third-party providers including:

• Messaging providers
• Email providers
• Social media platforms
• Payment processors
• Calendar and scheduling services
• CRM systems

Elavo AI is not responsible for:

• Third-party outages
• API failures
• Account suspensions
• Policy changes
• Data loss caused by third-party services

Your use of third-party services is subject to their respective terms and policies.

10. Facebook & Instagram Integration Terms

Elavo AI may integrate with services provided by Meta Platforms including Facebook and Instagram messaging, comments, lead forms, pages, and advertising tools.

By connecting a Facebook or Instagram account:

• You represent that you are authorized to manage the account
• You authorize Elavo AI to access and manage permitted account data
• You agree to comply with Meta’s Platform Terms, Community Standards, Messaging Policies, and Developer Policies

You acknowledge that:

• Meta may revoke or limit API access at any time
• Elavo AI is not responsible for actions taken by Meta
• Advertising and engagement performance are not guaranteed

You remain solely responsible for all content and communications distributed through Meta platforms.

11. TikTok Integration Terms

Elavo AI may integrate with TikTok APIs and services for publishing, engagement tracking, messaging, and marketing automation.

By connecting your TikTok account:

• You authorize Elavo AI to access permitted TikTok functionality
• You agree to comply with TikTok’s Terms of Service, Advertising Policies, and Developer Terms

Elavo AI does not guarantee:

• Algorithmic reach
• Engagement levels
• Platform availability
• Content performance

You remain solely responsible for content published through TikTok integrations.

12. Google Integration Terms

Elavo AI may integrate with Google services including:

• Gmail
• Google Calendar
• Google Search Console
• Google Analytics
• Google Maps
• Google APIs and related services

By using Google integrations:

• You authorize Elavo AI to access account data necessary to provide Services
• You agree to comply with Google Terms of Service and API policies

Elavo AI’s use of information received from Google APIs will comply with the Google API Services User Data Policy, including Limited Use requirements.

You acknowledge that:

• Google may revoke or modify API access at any time
• Certain features may require ongoing authorization permissions
• Elavo AI is not responsible for disruptions caused by Google systems or policies

13. AI-Generated Content Disclaimer

Elavo AI utilizes artificial intelligence and automation technologies to generate:

• Messages
• Marketing content
• Scheduling actions
• Recommendations
• Customer responses

You acknowledge that:

• AI-generated content may contain inaccuracies or errors
• Human review may be necessary
• Elavo AI does not guarantee business outcomes, conversions, lead generation, or revenue increases

You are solely responsible for reviewing and approving AI-generated content before publication or transmission where appropriate.

14. Intellectual Property

All software, technology, content, branding, trademarks, and intellectual property associated with Elavo AI are owned by Elavo AI or its licensors and protected by applicable intellectual property laws.

You may not:

• Copy
• Modify
• Reverse engineer
• Resell
• Distribute
• Create derivative works

without prior written consent.

15. Platform Availability & API Limitations

Elavo AI depends on third-party APIs, telecommunications providers, hosting providers, and external services.

We do not guarantee:

• Continuous availability
• Uninterrupted service
• Real-time synchronization
• Message deliverability
• Social media platform uptime

Interruptions may occur due to:

• API rate limits
• Carrier filtering
• Platform outages
• Third-party restrictions
• Scheduled maintenance

Elavo AI shall not be liable for losses resulting from third-party outages or limitations.

16. Limitation of Liability

To the maximum extent permitted by law, Elavo AI shall not be liable for:

• Lost revenue
• Lost profits
• Business interruption
• Loss of data
• Indirect damages
• Incidental damages
• Consequential damages

Your use of the Services is at your own risk.

In no event shall Elavo AI’s total liability exceed the amount paid by you to Elavo AI during the three (3) months preceding the claim.

Elavo AI shall not be liable for payment disputes, processor holds, delayed settlements, chargebacks, fraudulent transactions, or actions taken by third-party payment processors or financial institutions.

17. Termination

We may suspend or terminate access to the Services if:

• You violate these Terms
• You violate messaging regulations
• You violate platform policies
• Required by law or regulatory authorities
• Payment obligations are not met

Elavo AI may immediately suspend integrations or functionality to comply with:

• Carrier requirements
• Payment processor rules
• Meta policies
• TikTok policies
• Google API requirements
• Applicable laws

You may cancel your subscription at any time.

18. Indemnification

You agree to indemnify, defend, and hold harmless Elavo AI and its affiliates from any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the Services
• Your messaging practices
• Violations of laws or regulations
• Unauthorized use of connected accounts
• Violations of social media platform policies
• Advertising violations
• Improper collection or use of customer data
• Payment disputes, refunds, chargebacks, or processor-related claims
• Customer payment disputes
• Fraudulent transactions
• Violations of payment processing rules or regulations

19. Electronic Communications Consent

By using Elavo AI, you consent to receive electronic communications from us including:

• Billing notices
• Account notices
• Security alerts
• Legal notices
• Service announcements

Electronic communications satisfy any legal requirement that communications be in writing.

20. Beta Features & Experimental Services

Elavo AI may offer beta, experimental, or early-access features.

These features:

• May contain bugs or errors
• May change without notice
• May be discontinued at any time
• Are provided “as is” without warranties

Use of beta features is at your own risk.

21. Changes to Terms

We may update these Terms from time to time.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

22. Governing Law

These Terms shall be governed by and construed under the laws of the State of Texas, without regard to conflict of law principles.

23. Contact Information

By providing your phone number, you agree to receive SMS messages from Elavo AI. Message and data rates may apply. Reply STOP to unsubscribe.