Terms of Service.

These terms are an agreement between your business (“you”) and Elevara (“Elevara,” “we,” “us”), run by Jordan, the owner, in Southwest Florida. They apply when you sign up for a plan on elevara.agency and for as long as you have one.

• Our Data Processing Addendum is part of these terms. It covers the data from your store and your customers that we handle for you.
• Our Privacy Policy covers the personal information we collect about you, and our website terms cover using the site and our phone line.
• Plans are for businesses, not personal use. By ticking “I agree” you confirm you’re at least 18 and allowed to agree to these terms for your business.
• Custom work we quote separately is covered by these terms too, unless we sign a separate agreement for it. If we do, that agreement wins for that work.

• Your plan is the automations you choose at sign-up, at the monthly price shown before you pay.
• Setup is included in the monthly price. There’s no separate setup fee unless we quote one for custom work and you agree to it in writing.
• After you pay, we help you connect your tools, build your automations to the answers you gave us, and test them. You approve the first replies before anything goes to a customer.
• You can add or remove automations later. Each one you add goes on the same monthly bill, and your price changes from your next bill.

• Your plan renews automatically every month, and we charge the payment method you used at checkout on the same day each month, until you cancel.
• Some automations also bill for what you use, such as the phone line’s minutes. The rate is shown before you pay, and we charge your usage for each month along with your next monthly bill.
• Payments are processed by Stripe on its secure checkout. We never see or store your full card details.
• Prices are in US dollars. If tax applies, it’s shown at checkout and on your receipt.
• If a payment fails, Stripe will try again. If it’s still unpaid 14 days later, we’ll email you, and we may pause your automations until it’s paid.
• We may change our prices. We’ll email you at least 30 days before a new price applies to your plan, so you can cancel first if you’d like.

• You can cancel any time by emailing hello@elevara.agency or from the billing link we send you. There’s no minimum term and no cancellation fee.
• Your plan ends at the close of the month you’ve already paid for. Your automations keep running until then, and you won’t be charged again.
• If you cancel before we’ve started building your automations, we’ll refund your first payment in full.
• Otherwise payments aren’t refunded, including for part of a month, unless the law requires it or we agree to it in writing.
• We confirm every cancellation by email.

To run your automations we need access to the tools they work with. We only ask for it through the official way each tool offers, and only for what your automations use:

• Shopify: you install our app on your store from a link we send you. It asks only for the permissions your automations need, such as orders, customers, products and inventory.
• WooCommerce: you approve an access key for us in your WordPress admin.
• Email: you forward your support address to an inbox we run for you, and add a few DNS records so replies can go out from your own domain.
• Bookkeeping: you connect QuickBooks or Xero through their own sign-in.
• Phone: you forward your store’s number to the line we set up for you.
• Other tools, the same way: their official app, key or connection, never your password.

You can take access back at any time, by uninstalling the app, revoking the key, or stopping the forwarding. The automations that need that access stop when you do.

You keep your accounts, and you’re responsible for them and for keeping your own sign-ins secure. Please tell us when something changes that affects your automations, such as a new return policy or a new carrier.

• Your automations follow the answers, policies and rules you give us. If they’re wrong or out of date, the automations will be too, so keep them current.
• Nothing goes to a customer until you’ve approved how it works. At the start you see each reply before it’s sent. You decide when an automation can send on its own, and you can switch any automation back to approval or off at any time.
• Refunds always wait for your OK, unless you tell us in writing to let a rule approve them.
• Our automations use AI, and AI can make mistakes. It can misread a message, leave something out, or say something that sounds right but isn’t. We test before launch, watch for problems and fix them, but we can’t promise every message will be right.
• Our automations don’t give legal, tax, medical or financial advice, and they don’t make decisions about anyone’s credit, employment, housing or insurance.

• We run your automations on Elevara’s own setup: our software, and service providers we choose for things like AI, email delivery, phone calls and hosting. Our Data Processing Addendum describes how we choose and hold them to account.
• Your customers hear from your store, not from us. Messages go out under your store’s name, from your email address or your phone number, in the voice you approve.
• You don’t need accounts with those providers, and you don’t pay them. Their cost is part of your plan.
• We may change providers to keep the service working well. If a change affects the data we handle for you, the Data Processing Addendum explains how we tell you first.

• Your store’s data, and your customers’ data, belong to you. We use them only to run your automations for you.
• We don’t sell them, share them for advertising, or use them for anyone else. We don’t use them to train AI models, and we only use AI providers whose business terms say they don’t train on them either.
• The Data Processing Addendum sets out how we protect them and what happens to them when you leave.
• We may use counts and other information that doesn’t identify you or anyone else, for example how many replies our automations sent in a month, to run and improve Elevara.

• You’re responsible for your store, your products, your policies and your relationship with your customers.
• Your store’s privacy policy should tell your customers that you use service providers to run customer service, orders and bookkeeping.
• Our automations answer customers who contact you and send updates about their orders. If you ask us to call, text or email customers for marketing, you confirm you have the consent the law requires, for example under the Telephone Consumer Protection Act, and every marketing email includes a way to unsubscribe.
• Where the law requires a business to tell people they’re talking to AI, or when you ask, your automations will say so.

You agree not to use Elevara to:

• sell or promote anything illegal, or break any law;
• send spam, or messages that are false, misleading, harassing or abusive;
• collect or use anyone’s information without the right to;
• break the rules of the tools and platforms your automations use, such as Shopify’s;
• try to get into our systems or other clients’ data, or interfere with the service.

If you do, we can pause your automations straight away and tell you why.

• Email hello@elevara.agency with questions, changes or problems. We usually answer within one business day.
• We work to keep your automations running, but we can’t promise they’ll never be interrupted. The tools they rely on, such as your store platform or email provider, can have outages or change how they work. When that happens we’ll fix what we can as quickly as we can.
• We may improve or change how an automation works, as long as it still does the job you signed up for. If we stop offering an automation you have, we’ll tell you at least 30 days before, and refund anything you’ve paid for time after it stops.

• Your data, your content, your brand and your store belong to you.
• Elevara’s software, automations, prompts, templates and know-how, and anything we build to run them, belong to Elevara. While you have a plan, you can use them for your business.
• You let us use your store’s name, logo and content only as needed to run your automations, for example to sign a reply with your store’s name.
• We won’t name you as a client publicly without your permission. If you send us feedback or ideas, we may use them without owing you anything.

Each of us will keep the other’s non-public business information confidential and use it only for this agreement. That doesn’t cover information that’s already public, that the other side already had or got lawfully elsewhere, or that the law requires us to disclose.

We’ll provide the service with reasonable care and skill. Apart from that, and to the fullest extent the law allows, the service is provided “as is” and “as available,” and Elevara disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.

We don’t guarantee any result, such as time saved, sales, reviews or fewer refunds. Our Disclaimer says more.

To the fullest extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, data or goodwill, even if told they were possible.
• Elevara’s total liability for all claims about the service or these terms is limited to what you paid us in the 12 months before the claim arose.

These limits apply whatever the legal theory. They don’t limit your duty to pay for your plan, either side’s liability for breaking the confidentiality section, or anything the law doesn’t allow to be limited.

You agree to defend and indemnify Elevara, its owner and anyone working on its behalf against claims, losses and costs, including reasonable attorneys’ fees, that come from your products, your store’s policies, information you gave us without the right to, instructions you gave us that broke the law, or your breaking these terms.

• You can end your plan any time, as set out in Cancelling and refunds.
• We can end it if you seriously break these terms, or don’t pay, and haven’t fixed it within 14 days of our email. We can end it straight away for illegal use.
• When your plan ends, we switch off your automations and disconnect from your tools. You can ask for a copy of your data within 30 days. After that we delete it as the Data Processing Addendum explains.
• The sections on your data, what belongs to whom, confidentiality, warranties, liability, indemnity, Florida law and these general terms keep applying after your plan ends.

• The laws of the State of Florida, and applicable federal law, govern these terms, without regard to conflict-of-laws rules.
• Any dispute about the service or these terms must be brought only in the state or federal courts located in Florida. You and Elevara agree to the jurisdiction of those courts and to venue there.

• If any part of these terms can’t be enforced, the rest still applies.
• If we don’t enforce a term right away, we haven’t given up the right to enforce it.
• You can’t transfer your plan without our written OK. We may transfer these terms, for example to a company that takes over Elevara’s business, and we’ll tell you if we do.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• These terms, the Data Processing Addendum, and anything we agree in writing for your plan are the whole agreement about your plan.

We may update these terms. We’ll email you at least 30 days before a change that matters to you takes effect. If you keep your plan after that, the new terms apply. If you don’t agree, you can cancel before then.

Questions about these terms? Email hello@elevara.agency or call (239) 251-5474.