Terms and Conditions

These Terms and Conditions ("Agreement") constitute a binding legal agreement between you ("User," "You," or "Your") and Elevates, Inc. ("Company," "We," "Us," or "Our"). By accessing and using our platform and services, you agree to be bound by these Terms and Conditions in their entirety.

Table of Contents

1. Acceptance of Terms
2. Use License
3. User Responsibilities
4. Account Registration
5. Payment Terms
6. Coaching Services
7. Intellectual Property Rights
8. User Content
9. Disclaimers and Limitations
10. Limitation of Liability
11. Indemnification
12. Third-Party Links and Content
13. Suspension and Termination
14. Dispute Resolution
15. Governing Law
16. Amendments to Terms
17. Contact Us

1. Acceptance of Terms

By accessing, browsing, and using the Elevates platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and any other policies posted on our website. If you do not agree to these terms, please do not use our services.

We reserve the right to modify these Terms and Conditions at any time. Your continued use of the platform after any modifications indicates your acceptance of the updated terms.

2. Use License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Elevates platform for personal, non-commercial purposes, subject to the following restrictions:

• You may not modify, copy, or create derivative works based on our services
• You may not rent, lease, loan, sell, or transfer the platform or services
• You may not remove or alter proprietary notices or labels on our platform
• You may not use our services for any illegal or unauthorized purpose
• You may not use the platform to compete with Elevates or offer similar services
• You may not use automated tools, bots, or scraping techniques to access our platform

3. User Responsibilities

You are responsible for:

• Compliance: Complying with all applicable laws, regulations, and these Terms and Conditions
• Account Security: Maintaining the confidentiality of your login credentials and account information
• Unauthorized Access: Notifying us immediately of any unauthorized access to your account
• Permitted Use: Using the platform only for lawful purposes and in accordance with these terms
• Content: Ensuring that any content you submit does not violate any laws or third-party rights
• Age Requirement: Being at least 18 years old and having the legal capacity to enter into this agreement

4. Account Registration

4.1 Registration Requirements

To use certain features of our platform, you must create an account. When registering, you agree to:

• Provide accurate, complete, and current information
• Update your information to maintain accuracy
• Not impersonate any other person or entity
• Not create multiple accounts without authorization
• Accept responsibility for all activities under your account

4.2 Account Responsibility

You are solely responsible for all activities that occur under your account. You agree to maintain the confidentiality of your password and not to share your account with others. Elevates is not responsible for any unauthorized use of your account.

4.3 Account Termination

You may terminate your account at any time by contacting our support team. Upon termination, we will delete or anonymize your personal information in accordance with our Privacy Policy, except where we are required to retain it by law.

5. Payment Terms

5.1 Pricing and Payment

• All prices are displayed in USD unless otherwise stated
• Prices are subject to change with notice
• You agree to pay all fees and charges incurred under your account
• Payment must be made through authorized payment methods

5.2 Billing

• We will bill you on a monthly, quarterly, or annual basis as per your selected plan
• Billing will continue until you cancel your subscription
• You authorize us to charge your payment method for all fees
• Invoices are provided electronically via your account dashboard

5.3 Subscription and Renewal

• Subscriptions automatically renew unless canceled before the renewal date
• You will receive a renewal notice prior to billing
• Cancellation must be requested through your account settings or by contacting support
• No refunds are provided for partial billing periods

5.4 Failed Payments

If payment fails, we will attempt to charge your account again. If payment continues to fail, we may suspend your account or terminate your subscription. Late payments may incur additional fees as permitted by law.

6. Coaching Services

6.1 Nature of Services

Elevates provides professional coaching services through our platform. The coaching services provided are for personal development and should not be considered medical, legal, financial, or professional advice.

6.2 Coach Selection

We use our best efforts to match you with qualified coaches based on your preferences and needs. However, we do not guarantee the suitability of any coach match. You have the right to request a different coach if you are unsatisfied.

6.3 Session Scheduling and Cancellation

• Sessions must be scheduled in advance through our platform
• Cancellations must be made at least 24 hours before the scheduled session
• Late cancellations or no-shows may result in forfeiture of the session fee
• Coaches may cancel sessions with appropriate notice due to unforeseen circumstances

6.4 Limitations of Coaching

Our coaches provide guidance and support but do not provide medical, psychological, legal, or financial advice. If you require professional services in these areas, you should consult a qualified professional. You acknowledge that coaching is not a substitute for professional mental health treatment.

6.5 Coach Conduct Standards

Our coaches are bound by professional ethics and conduct standards. However, Elevates is not responsible for the personal actions or conduct of coaches outside of the platform. Any complaints about coach conduct should be reported to [email protected].

7. Intellectual Property Rights

7.1 Elevates Intellectual Property

All content, features, and functionality of the Elevates platform, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Elevates or our content suppliers and are protected by international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a personal, non-exclusive, non-transferable license to access and use the platform for its intended purpose. This license does not include the right to:

• Reproduce, distribute, or transmit our content without permission
• Modify, adapt, or create derivative works from our platform
• Reverse engineer, decompile, or disassemble our software
• Remove or obscure any proprietary notices

7.3 Trademarks

The Elevates name and logo are registered trademarks. You may not use these marks without our express written permission. Any unauthorized use of our marks is prohibited.

8. User Content

8.1 User Content Definition

User Content includes any information, text, files, images, or other materials you submit, post, or display on the Elevates platform.

8.2 Your Ownership and Responsibilities

• You retain all rights to your User Content
• You warrant that you own or have obtained the necessary rights to submit the content
• You are responsible for ensuring your content does not violate any laws or third-party rights
• You grant Elevates a non-exclusive license to use your content for providing services

8.3 Prohibited Content

You may not submit content that:

• Is illegal, defamatory, or violates anyone's rights
• Contains harassment, threats, or hate speech
• Is sexually explicit or relates to minors in an inappropriate way
• Infringes on intellectual property rights
• Contains malware, viruses, or harmful code
• Is spam or unsolicited commercial content
• Impersonates another person or entity

8.4 Moderation Rights

We reserve the right to review, moderate, and remove any User Content that violates these Terms and Conditions or applicable laws. We may also suspend or terminate accounts of users who repeatedly violate our content policies.

8.5 Content Deletion

You may delete your content at any time through your account settings. We may retain copies of deleted content for backup purposes or as required by law.

9. Disclaimers and Limitations

9.1 "As Is" Disclaimer

The Elevates platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding the accuracy or reliability of content
• Warranties regarding uninterrupted or error-free service

9.2 No Guarantee of Results

We do not guarantee any specific results from using our coaching services. Results depend on your engagement, effort, and individual circumstances. Past results do not guarantee future outcomes.

9.3 Service Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access. We may perform maintenance or updates that may temporarily affect service availability.

9.4 Third-Party Content

Elevates is not responsible for any third-party content, services, or websites linked to our platform. Your interactions with third parties are at your own risk.

10. Limitation of Liability

10.1 Limitation Cap

To the fullest extent permitted by law, Elevates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our platform, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Loss of business opportunity
• Emotional distress or reputational harm

10.2 Maximum Liability

Our total liability to you for all claims arising from or related to these Terms and Conditions shall not exceed the amount you paid to Elevates in the 12 months preceding the claim. If you have not made any payments, our liability shall not exceed $100.

10.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Claims that cannot be limited by applicable law

11. Indemnification

You agree to indemnify, defend, and hold harmless Elevates, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the platform in violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your User Content or infringement of third-party rights
• Your interactions with other users or third parties
• Your violation of any third-party rights

This indemnification obligation shall not apply to claims arising from Elevates' negligence, gross negligence, or willful misconduct.

12. Third-Party Links and Content

Our platform may contain links to third-party websites and services. These links are provided for convenience only. Elevates is not responsible for the content, accuracy, or practices of third-party websites. Your use of third-party websites is governed by their terms and conditions and privacy policies. We recommend reviewing these before using any third-party services.

13. Suspension and Termination

13.1 Termination by User

You may terminate your account at any time by submitting a termination request through your account settings or by contacting our support team.

13.2 Termination by Elevates

Elevates may suspend or terminate your account immediately and without notice if:

• You violate these Terms and Conditions
• You engage in illegal or harmful conduct
• You harass or abuse other users or our staff
• You violate our intellectual property rights
• You provide false or fraudulent information
• You fail to pay fees or charges

13.3 Effects of Termination

Upon termination:

• Your access to the platform will be immediately revoked
• Your personal information will be handled in accordance with our Privacy Policy
• Outstanding payment obligations remain due
• Certain provisions of these Terms and Conditions survive termination

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing formal legal action, you agree to attempt to resolve any dispute informally by contacting us at [email protected] with a detailed description of your claim. We will attempt to resolve the matter within 30 days.

14.2 Arbitration Agreement

Any claim or dispute arising from or related to these Terms and Conditions or your use of our platform shall be resolved by binding arbitration in accordance with the American Arbitration Association (AAA) rules. Each party shall bear its own costs and attorney's fees. The arbitration shall take place in Travis County, Texas.

14.3 Class Action Waiver

You agree to arbitration on an individual basis only. You waive the right to participate in any class action or representative action against Elevates.

14.4 Exceptions to Arbitration

The following matters are not subject to arbitration:

• Claims for injunctive or equitable relief
• Claims that cannot be arbitrated under applicable law
• Disputes involving less than $500

15. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, except as provided in the arbitration clause above.

16. Amendments to Terms

We may amend these Terms and Conditions at any time by posting the updated terms on our website. The date of the last update will be displayed at the top of this page. Your continued use of the platform after any amendments indicates your acceptance of the updated terms. If you do not agree to any amendments, you must discontinue use of our platform.

17. Contact Us

If you have questions or concerns about these Terms and Conditions, please contact us:

Severability

If any part of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Elevates regarding your use of our platform and services. These terms supersede all prior negotiations, representations, and agreements, whether written or oral.