Terms of Service
Terms of Service
Effective Date: October 23, 2024
Last Updated: October 23, 2024
1. Agreement to Terms
Welcome to Eleve Automation ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at eleveautomation.com (the "Site") and our AI receptionist services (the "Services").
By accessing our Site or purchasing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Site or use our Services.
Business Information:
Business Name: Eleve Automation
Location: Destin, FL 32451
Contact Email: elevemaxxing@gmail.com
2. Services Provided
Eleve Automation provides custom AI receptionist services, including but not limited to:
24/7 automated call answering and handling
Appointment booking and scheduling
Lead management and customer inquiry handling
Integration with client phone systems (via Twilio)
Ongoing AI training and optimization
Performance analytics and reporting
Our mission is to future-proof businesses by automating calls, bookings, and leads so our clients can lead their markets instead of chasing them.
3. Service Agreement and Booking Process
3.1 Consultation and Custom Quotes
All Services are provided on a custom basis. Pricing is determined after an initial consultation where we assess your specific business needs. We do not offer standardized pricing or free trials. A demonstration may be provided upon request.
3.2 Service Agreement
Upon agreement to proceed, you will receive a Service Agreement outlining:
Scope of services
Installation fee (one-time)
Monthly service fee
Service timeline
Terms and conditions specific to your engagement
Services commence only after you sign the Service Agreement and submit the required installation fee payment.
3.3 Payment Terms
Installation Fee: A one-time setup fee is due within 5-7 business days of invoice date. Setup begins upon receipt of payment and signed agreement.
Monthly Service Fee: Billed monthly in advance via bank transfer (ACH). Payment is due on the same day each month as specified in your Service Agreement.
Accepted Payment Methods: Bank transfer (ACH). Payment details will be provided in your invoice.
Late Payments: A late fee of $50 will be applied to payments received more than 10 days past the due date. Service may be suspended if payment is more than 15 days overdue.
4. Refund and Cancellation Policy
4.1 No Refunds
All fees are non-refundable. Once payment is received for installation fees or monthly service fees, no refunds will be issued under any circumstances. This includes but is not limited to:
Change of mind
Dissatisfaction with service
Business closure
Technical issues or service interruptions
Non-use of the service
4.2 Service Cancellation
You may cancel your monthly service at any time by providing 30 days' written notice to elevemaxxing@gmail.com. Your service will continue through the end of your paid billing period. Monthly fees for the current billing period are non-refundable.
No cancellation fees apply, but you must fulfill the 30-day notice requirement and complete payment for any outstanding invoices.
4.3 Company-Initiated Termination
We reserve the right to terminate service immediately if:
Payment is more than 30 days overdue
You violate these Terms of Service
You engage in fraudulent or illegal activities
You misuse or abuse our Services or support team
In such cases, no refunds will be issued for fees already paid.
5. Service Delivery and Timeline
5.1 Implementation Timeline
Standard implementation takes approximately 7-14 business days from the date of your onboarding call, depending on the complexity of your business requirements. We will provide you with a specific timeline in your Service Agreement.
5.2 Service Availability
We strive to provide 99% uptime for our AI receptionist services. However, we do not guarantee uninterrupted service and are not liable for temporary service interruptions due to:
Scheduled maintenance
Third-party service provider issues (Intercom, Twilio, etc.)
Internet or telecommunications outages
Force majeure events
5.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to clients. We will work with you to minimize disruption to your business operations.
6. Client Responsibilities
6.1 Information Accuracy
You are responsible for providing accurate, complete, and current information about your business, including:
Business hours and contact information
Services offered and pricing
Frequently asked questions and answers
Staff directory and call routing preferences
Any changes to the above information
The accuracy and effectiveness of your AI receptionist depend on the quality and completeness of the information you provide.
6.2 Timely Updates
You must notify us promptly of any changes to your business information, services, hours, or policies so we can update your AI receptionist accordingly. Failure to provide updates may result in your AI providing incorrect information to callers.
6.3 Cooperation
You agree to:
Participate in onboarding calls and review sessions
Provide timely feedback during setup and testing
Grant necessary access to your phone system for integration
Respond to our communications within a reasonable timeframe
6.4 Compliance
You are responsible for ensuring your use of our Services complies with all applicable laws and regulations, including but not limited to:
Telephone Consumer Protection Act (TCPA)
Health Insurance Portability and Accountability Act (HIPAA) - if applicable
State and federal privacy laws
Recording consent laws in your jurisdiction
7. Intellectual Property Rights
7.1 Company Property
All content, features, and functionality on our Site and within our Services, including but not limited to text, graphics, logos, software, and AI technology, are owned by Eleve Automation or our licensors and are protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to use our Services for your internal business purposes during your subscription period. This license terminates upon cancellation of your service.
7.3 Client Data
You retain all rights to your business information, customer data, and content that you provide to us. By using our Services, you grant us a license to use this information solely for the purpose of providing and improving our Services to you.
7.4 Restrictions
You may not:
Copy, modify, or create derivative works of our Services
Reverse engineer or attempt to extract source code
Resell, sublicense, or redistribute our Services
Remove any proprietary notices or labels
Use our Services to build a competing product
8. Privacy and Data Protection
8.1 Data Collection
In providing our Services, we collect and process:
Your business information
Call recordings and transcripts
Customer interaction data
Performance and analytics data
8.2 Data Use
We use collected data to:
Provide and maintain our Services
Train and optimize your AI receptionist
Generate performance reports and analytics
Improve our Services and technology
Comply with legal obligations
8.3 Data Security
We implement reasonable security measures to protect your data. However, no method of transmission or storage is 100% secure. We cannot guarantee absolute security of your information.
8.4 Data Retention
We retain your data for the duration of your service and for 90 days after cancellation, unless longer retention is required by law or agreed upon in writing.
8.5 Third-Party Services
Our Services utilize third-party platforms (Intercom, Twilio, etc.) that have their own privacy policies and terms. By using our Services, you acknowledge and agree to these third-party terms.
9. Limitation of Liability
9.1 Service Limitations
While we strive to provide accurate and reliable AI receptionist services, we do not guarantee that:
The AI will handle 100% of calls perfectly
All customer inquiries will be resolved without human intervention
The Service will be error-free or uninterrupted
All technical integrations will work flawlessly at all times
9.2 No Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVE AUTOMATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
Lost revenue or profits
Lost business opportunities
Lost customers or appointments
Damage to reputation
Data loss or corruption
9.3 Maximum Liability
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $500, WHICHEVER IS GREATER.
9.4 Basis of the Bargain
You acknowledge that these limitations of liability are an essential element of the agreement between you and Eleve Automation, and that we would not provide the Services without these limitations.
10. Warranties and Disclaimers
10.1 Service "As-Is"
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability
Uninterrupted or error-free operation
10.2 AI Limitations
You acknowledge that AI technology has inherent limitations and may:
Occasionally provide incorrect or incomplete information
Misunderstand customer inquiries
Require human intervention for complex situations
Need ongoing training and optimization
10.3 No Professional Advice
Our Services do not constitute professional advice (legal, medical, financial, etc.). You are responsible for ensuring compliance with all applicable regulations in your industry.
11. Indemnification
You agree to indemnify, defend, and hold harmless Eleve Automation, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Your use or misuse of our Services
Your violation of these Terms
Your violation of any third-party rights
Inaccurate or incomplete information you provide
Your failure to comply with applicable laws and regulations
Any content or data you provide to us
12. Dispute Resolution
12.1 Informal Resolution
If you have any dispute with us, you agree to first contact us at elevemaxxing@gmail.com and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.
12.2 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
12.3 Jurisdiction
Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Okaloosa County, Florida, and you consent to the personal jurisdiction of such courts.
12.4 Arbitration
If informal resolution fails, any dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Destin, Florida, or remotely via video conference.
12.5 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, and you waive any right to participate in a class action lawsuit or class-wide arbitration.
13. General Provisions
13.1 Entire Agreement
These Terms, together with your Service Agreement and any other written agreements, constitute the entire agreement between you and Eleve Automation regarding our Services.
13.2 Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a notice on our Site at least 30 days before the changes take effect. Your continued use of our Services after such notice constitutes acceptance of the modified Terms.
13.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
13.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.
13.7 Survival
Provisions that by their nature should survive termination (including payment obligations, warranty disclaimers, indemnification, and limitations of liability) shall survive the termination of these Terms.
14. Contact Information
If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:
Eleve Automation
Destin, FL 32451
Email: elevemaxxing@gmail.com
Website: eleveautomation.com
We will respond to all inquiries within 24-48 business hours.
15. Acknowledgment
BY USING OUR SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE OUR SITE OR SERVICES.
Last Updated: October 23, 2024