Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Elephas AI marketing automation platform ("Service", "Platform"). By accessing or using our Service, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

1. Service Description

Elephas AI is a cloud-based SaaS platform that provides AI-powered marketing automation tools for franchise brands, including:

• Multi-channel campaign management (SMS, Email, WhatsApp, Social Media Ads)
• Customer segmentation and AI-powered insights
• Loyalty program management
• Analytics and attribution tracking
• POS system integrations
• Multi-tenant franchise management

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

2. Accounts and Registration

2.1 Account Creation

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

2.2 User Roles

The Platform supports multiple user roles with different permissions:

• Platform Admin: Full system access for Elephas AI administrators
• Franchise Brand: Brand-level access for franchise corporate teams
• Franchise Owner: Access to owned locations and their data
• Location Manager: Limited access based on assigned permissions

2.3 Account Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

3. Acceptable Use Policy

3.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable federal, state, and local laws and regulations.

3.2 Prohibited Activities

You agree NOT to:

• Send spam, unsolicited messages, or violate CAN-SPAM Act, TCPA, or GDPR regulations
• Upload or transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Use the Service to transmit false, misleading, or fraudulent content
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated scripts or bots to abuse the Service
• Resell or redistribute the Service without written permission
• Remove or obscure any proprietary notices or labels
• Use the Service to send messages to customers who have not opted in
• Violate any applicable laws regarding data privacy (CCPA, GDPR, etc.)

3.3 Compliance with Messaging Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable messaging regulations including TCPA (SMS consent), CAN-SPAM Act (email), and any state-specific regulations. You must maintain proper opt-in records and honor opt-out requests promptly.

4. Billing and Payments

4.1 Subscription Plans

We offer multiple subscription plans (Starter, Professional, Enterprise) with different pricing and features. Current pricing is available at elephas.io/pricing.

4.2 Payment Terms

• Subscriptions are billed monthly or annually in advance
• All fees are in U.S. Dollars (USD)
• Payment is processed through Stripe on the billing date
• You must provide valid payment information to maintain an active subscription
• Failed payments may result in service suspension after 7 days

4.3 Overage Charges

If you exceed your plan's message limits, overage charges apply: $0.01 per SMS and $0.005 per email. Overages are billed monthly in arrears.

4.4 Price Changes

We reserve the right to change our pricing with 30 days' notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals. You may cancel before the price change takes effect.

4.5 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may receive a prorated refund if cancelled within 30 days of initial purchase. No refunds for mid-year cancellations.

4.6 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable sales, use, value-added, and other taxes, except for taxes based on our net income.

5. Data Ownership and Privacy

5.1 Your Data

You retain all rights, title, and interest in and to your customer data, campaign content, and any other data you upload to the Platform ("Your Data"). We claim no ownership over Your Data.

5.2 License to Use Your Data

You grant Elephas AI a limited, non-exclusive license to access, use, process, and store Your Data solely to provide the Service to you and as described in our Privacy Policy.

5.3 Your Responsibilities

You are responsible for:

• Ensuring you have proper consent to collect and use customer data
• Complying with all privacy laws (CCPA, GDPR, etc.)
• Maintaining accurate and up-to-date customer opt-in/opt-out records
• Responding to customer data requests (access, deletion, etc.)
• Securing your account credentials and API keys

5.4 Data Security

We implement industry-standard security measures to protect Your Data as described in our Privacy Policy. However, no system is completely secure, and we cannot guarantee absolute security.

5.5 Data Portability

You may export Your Data at any time through the Platform's export features (CSV, JSON formats). Upon account termination, we will provide a final export if requested within 30 days.

6. Intellectual Property Rights

6.1 Platform Ownership

The Service, including all software, algorithms, designs, trademarks, and content (excluding Your Data), is owned by Elephas AI and protected by U.S. and international intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period.

6.3 Restrictions

You may not copy, modify, distribute, sell, lease, or create derivative works of the Service or any part thereof without our prior written consent.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

7. Service Availability and Support

7.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance. Planned maintenance will be announced at least 48 hours in advance when possible.

7.2 Support

• Starter Plan: Email support during business hours (9am-6pm EST, Mon-Fri)
• Professional Plan: Priority email support with 24-hour response time
• Enterprise Plan: Dedicated account manager and 24/7 support

7.3 Service Interruptions

We are not liable for service interruptions caused by factors beyond our reasonable control, including third-party service failures (AWS, Twilio, SendGrid, etc.), internet outages, or force majeure events.

8. Termination

8.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access until the end of the paid period.

8.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within 7 days
• We are required to do so by law or legal process
• Continuing to provide Service poses a security risk
• You engage in fraudulent or illegal activity

8.3 Effects of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• We will delete Your Data within 90 days unless legally required to retain it
• You may request a final data export within 30 days of termination
• All outstanding fees become immediately due and payable
• Sections regarding liability, indemnification, and dispute resolution survive termination

9. Warranties and Disclaimers

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Results

We do not guarantee that the Service will meet your specific requirements or that campaigns will achieve particular results. Marketing performance depends on many factors outside our control.

9.3 Third-Party Services

The Service integrates with third-party services (Twilio, SendGrid, Meta, Google, etc.). We are not responsible for the availability, performance, or policies of these third-party services.

9.4 AI-Generated Content

AI-generated content is provided as a tool to assist you. You are responsible for reviewing, editing, and approving all content before sending to customers. We are not liable for any issues arising from AI-generated content.

10. Limitation of Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $1,000 USD, WHICHEVER IS GREATER.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights, including privacy rights
• Your Data or content uploaded to the Platform
• Messages sent to customers through the Platform
• Any negligent or wrongful conduct by you or your users

12. Dispute Resolution

12.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at legal@elephas.io and attempt to resolve the dispute informally for at least 30 days.

12.2 Arbitration Agreement

If we cannot resolve a dispute informally, you and Elephas AI agree to resolve any claims through final and binding arbitration, except that you may assert claims in small claims court if they qualify.

12.3 Class Action Waiver

You and Elephas AI agree that disputes will be resolved individually and not as part of a class action, consolidated action, or representative action.

12.4 Governing Law

These Terms are governed by the laws of the District of Columbia and the United States, without regard to conflict of law provisions.

13. General Provisions

13.1 Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Your continued use after changes constitutes acceptance.

13.2 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.5 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Elephas AI regarding the Service.

13.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.

13.7 Survival

Sections regarding intellectual property, data ownership, warranties, limitation of liability, indemnification, and dispute resolution survive termination of these Terms.