Terms and Conditions

1. Overview

By accessing, registering, subscribing to, downloading, or using the Platform, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree, you must immediately cease using the Platform.

You affirm that you are at least 13 years old (or 16 in jurisdictions where the higher age applies under GDPR) and that, if you are under 18, you have the consent of a parent or guardian to use the Platform. CoachSuite Pro and Altitude Club are intended for users aged 18 and over only. The Altitude Pulse mobile app is rated suitable for users aged 13 and over.

Elative Solutions OÜ reserves the right to update, modify, or amend these Terms at any time. We will make reasonable efforts to notify users of material changes via email or a notice on the Platform. Your continued use of the Platform after changes have been posted constitutes acceptance of the revised Terms.

All data collected on or through the Platform is subject to our Privacy Policy, which is incorporated into and governed by these Terms. To the extent there is a conflict, these Terms supersede the Privacy Policy.

2. Services and Platform Access

Elative Solutions OÜ provides a variety of services through the Platform, including software-as-a-service (SaaS) solutions, CRM infrastructure, automation tools, AI-powered tools and assistants, membership communities, website and funnel building, and coaching and consulting business support services.

Services vary by brand. Current service tiers include:

• Altitude Club: a business membership built around Altea, an AI business assistant, together with community access, live sessions, and supporting CRM infrastructure. The membership includes the ability to connect business accounts and upload business data so that Altea can ground its responses in your own numbers (see sections 10A and 10B). Pricing is stated at the point of purchase. A founding-member rate may be offered to early members and locked for the duration of their continuous membership.
• CoachSuite Pro: CRM, automation, and marketing infrastructure for coaching professionals
• Altitude Pulse: diagnostic tool and AI-powered business intelligence for established practitioners, billed via web checkout

a. Right to Modify the Services

We reserve the right to modify, enhance, restrict, discontinue, or adjust any features, tools, or elements of the Services at any time without prior notice.

b. No Contingency on Future Releases

Your subscription to any Services is not contingent upon the delivery of any future features, upgrades, or modifications, nor does it guarantee the continuation of any specific Service beyond the current term of your subscription.

c. As-Is Basis

All services and features provided through the Platform are offered on an "as-is" and "as-available" basis without warranties of any kind, except as expressly provided otherwise in this Agreement.

3. Mobile Apps

The Altitude Club and Altitude Pulse native mobile applications (the "Mobile Apps") are distributed through the Apple App Store and the Google Play Store. The Mobile Apps are free to download.

a. Free Tier and Paid Features

The Mobile Apps may include a free tier with access to limited content. Paid features and memberships are unlocked through a subscription purchased on the web at briefaltea.com, altitudepulse.app, goaltitude.club, or altitudeclub.app.

b. No In-App Purchases

The Mobile Apps do not offer in-app purchases. All paid subscriptions are sold and billed exclusively through web checkout, processed by Stripe, and managed under your account on the web. The Mobile Apps do not promote, advertise, or link to external payment in a manner intended to circumvent the Apple App Store or Google Play Store rules.

c. Cancellation and Refunds

You can cancel a paid subscription at any time from your account on the web. Because subscriptions are not sold through the Apple App Store or Google Play Store, Apple and Google are not involved in cancellation or refund of those subscriptions. Refunds, where granted at our sole discretion, are processed by Elative Solutions OÜ via Stripe.

d. App Updates

We may release updates to the Mobile Apps from time to time. Updates may add, modify, or remove features and may be required to continue using the Mobile Apps. Updates are distributed through the Apple App Store and Google Play Store and are subject to those stores' terms.

e. Permissions

The Mobile Apps may request permissions including notifications. You can grant or revoke permissions at any time in your device settings. Some features may not work without specific permissions.

f. In-App Account Deletion

You can permanently delete your account at any time from within the Mobile App settings: Settings → Delete my account. Account deletion is immediate and includes all profile data, conversation and assistant-memory data, connected-account tokens, uploaded files and the data derived from them, gamification state, and session history. CRM contact records may be retained for legal and compliance reasons in accordance with our Privacy Policy. To request deletion of CRM records in addition to the app account, email legal@elative.solutions.

4. Apple App Store Additional Terms

This section applies if you obtained an iOS app from the Apple App Store. By downloading or using the iOS app, you also agree to the following terms required by Apple Inc. ("Apple"), which are in addition to and form part of these Terms.

a. Acknowledgement

You acknowledge that these Terms are between you and Elative Solutions OÜ and not with Apple. Apple is not responsible for the iOS app or the content of the iOS app. Elative Solutions OÜ, not Apple, is solely responsible for the iOS app.

b. Scope of Licence

The licence granted to you for the iOS app is limited to a non-transferable licence to use the iOS app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

c. Maintenance and Support

Elative Solutions OÜ is solely responsible for providing any maintenance and support services with respect to the iOS app. Apple has no obligation to furnish maintenance or support services in relation to the iOS app.

d. Warranty

Elative Solutions OÜ is solely responsible for any product warranties for the iOS app, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS app to you (where applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Elative Solutions OÜ.

e. Product Claims

Elative Solutions OÜ, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS app or your possession or use of the iOS app, including but not limited to: (i) product liability claims; (ii) any claim that the iOS app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

f. Intellectual Property Rights

In the event of any third-party claim that the iOS app or your possession and use of the iOS app infringes that third party's intellectual property rights, Elative Solutions OÜ, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Developer Name and Address

The developer of the iOS app is Elative Solutions OÜ, Ahtri tn 12, Kesklinna linnaosa, Harju maakond, 10151 Tallinn, Estonia. Contact: legal@elative.solutions.

i. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the iOS app.

j. Third-Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your licence of the iOS app, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary.

5. Google Play Additional Terms

This section applies if you obtained an Android app from the Google Play Store. By downloading or using the Android app, you also agree to the Google Play Terms of Service and acknowledge that the Android app is licensed (not sold) to you for personal, non-commercial use under these Terms. Elative Solutions OÜ, not Google, is solely responsible for the Android app and any claims relating to it.

6. Intellectual Property Rights

The Platform, including its entire contents, design, structure, software, trademarks, logos, text, graphics, videos, databases, and functionality (collectively "Platform Content"), is the sole property of Elative Solutions OÜ or its licensors and is protected by international copyright, trademark, and intellectual property laws.

Unauthorised use, reproduction, copying, distribution, sale, licensing, publication, or modification of Platform Content without prior written permission from Elative Solutions OÜ is strictly prohibited. The CoachSuite Pro, Altitude Club, Altea, and Altitude Pulse brand names, logos, and associated branding elements are trademarks and service marks of Elative Solutions OÜ.

If you believe your intellectual property rights have been infringed upon by any content on the Platform, please notify us at legal@elative.solutions.

7. Limited Licence and Prohibited Uses

Elative Solutions OÜ grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive licence to access and use the Platform Content while using the Platform. Any other use, including reproduction, modification, distribution, or republication of Platform Content without prior permission, is strictly prohibited.

You agree that you will not:

• Use the Platform in any way that violates any applicable law or regulation
• Use the Platform to exploit, harm, or attempt to harm any person
• Transmit any unlawful advertising or promotional material, including spam or chain letters
• Impersonate Elative Solutions OÜ, any of its brands, employees, or any other person or entity
• Use any robot, spider, or automated device to access or monitor the Platform without authorisation
• Introduce any viruses, malware, or other technologically harmful material
• Attempt to gain unauthorised access to any part of the Platform or its supporting infrastructure
• Attack the Platform via denial-of-service or distributed denial-of-service attacks
• Reverse engineer, decompile, or attempt to extract the source code of the Mobile Apps or any Platform component, except to the extent expressly permitted by applicable law
• Attempt, through any input, uploaded content, connected data, or prompt, to manipulate the Altea assistant into ignoring its instructions, revealing its system instructions or internal operation, accessing another user's or business's data, or otherwise circumventing the Platform's security or isolation safeguards

8. Customer and End User Conduct

In connection with your use of the Platform or Services, you agree that:

• You are fully responsible for your actions and the actions of your employees, agents, and clients with respect to use of the Platform
• You own or control all rights in and to all content you provide to us, including any business accounts you connect and any files you upload
• You will provide accurate, complete, and current information at all times
• You will not misrepresent the Services to any third party
• You have obtained and will continue to obtain all necessary permissions and consents to provide your client data and business data to us for use in accordance with these Terms and our Privacy Policy

9. Communications Features

The Platform may include communications features such as SMS, email, push notifications, and voice capabilities. You agree that:

• You are exclusively responsible for all communications sent using the Services, including compliance with all applicable laws such as TCPA, CAN-SPAM, GDPR, and CASL
• Elative Solutions OÜ is a technology platform and communications service provider only. We do not originate, send, or deliver any communications to any recipient on your behalf without your instruction
• You, not Elative Solutions OÜ, are the initiator of any communications sent through the Platform. You control the message, timing, and recipient list
• Any customer data provided to us through any means includes only data from individuals who have explicitly opted into your communications programme in accordance with applicable law

10. AI Tools and Automated Output

The Platform includes AI-powered features such as the Altea AI business assistant, AI-assisted content recommendations, AI-driven outbound communications, and other automated tools.

• AI output is generated by automated systems and may contain errors, omissions, or inaccuracies. You should review and verify any AI-generated content before relying on it.
• AI output is provided for general informational and operational purposes only and does not constitute professional, financial, legal, medical, tax, or investment advice. You are solely responsible for any decisions made based on AI output.
• You may not use AI tools to generate content that is unlawful, defamatory, deceptive, infringing, or otherwise prohibited under section 7 of these Terms.
• Elative Solutions OÜ does not warrant that AI output will be accurate, complete, current, or fit for any particular purpose.
• We do not use your conversations or your connected or uploaded business data to train AI models. The Altea assistant works on your own data to answer your own questions, as described in our Privacy Policy.

For more information on how we process data through AI tools, including Business Connections, uploaded data, and our internal quality and safety monitoring, see the AI sections of our Privacy Policy.

10A. Business Connections

The Altea assistant lets you connect third-party business accounts of yours, for example analytics, advertising, your own Facebook Page and Instagram Business account, CRM, email marketing, commerce and payment, booking, and website accounts, so that it can ground its answers in your real business data. The current list is in section 2A of our Privacy Policy.

• Authorisation. By connecting an account, you authorise Elative Solutions OÜ to access it on your behalf at the scope shown to you at the time of connection, solely to provide the Altea assistant to you. Where that scope includes permission to make changes, we make a change only after you have approved that specific change. You remain responsible for the content of anything you approve, including any message sent to your contacts.
• Your warranty. You confirm that you own or are authorised to connect the account and to allow us to process the data it contains. You must not connect accounts you do not control or do not have permission to use.
• Revocation. You may disconnect any connected account at any time, which revokes our access and stops future syncs. You may also revoke access directly with the third-party provider.
• Third-party terms. Your use of a connected account remains subject to that provider's own terms. We are not responsible for a provider's changes to, or discontinuation of, its API or access, and any such change does not entitle you to a refund.

10B. Data Uploads and Acceptable Content

The Altea assistant lets you upload files (for example spreadsheets and documents) for analysis.

• Your warranty. You confirm that you have the right to upload the content and to have us process it on your behalf.
• Prohibited content. You must not upload: (i) special-category personal data as defined by GDPR, including data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric data, or data concerning sex life or sexual orientation; (ii) protected health information or any data subject to sector-specific health-privacy regimes; (iii) the personal data of other individuals without a lawful basis to share it with us; or (iv) any content that is illegal, infringing, or that you do not have the right to disclose.
• Untrusted content. Uploaded content is treated as untrusted input to the assistant. The anti-manipulation prohibition in section 7 applies in full to uploaded content and connected data.
• Removal. We may remove content that breaches these Terms and may suspend accounts that repeatedly do so.

10C. Data-Grounded Recommendations

Where you connect or upload business data, the Altea assistant may analyse it and produce observations and recommendations based on it. This output is informational only. It does not constitute professional, financial, legal, medical, tax, or investment advice, may be incomplete or wrong, and must not be relied upon as the sole basis for any business, financial, or legal decision. You remain solely responsible for verifying it and for any decision you make. The disclaimers and limitations in sections 10, 23, and 24 apply in full to data-grounded recommendations.

10D. Business Enrichment from Your Website and Public Sources

The Altea assistant builds a working understanding of your business (your business brief) from sources you provide and, where offered, from public sources about your business, as described in section 2B of our Privacy Policy.

• Your instruction. By providing your business website address, you instruct and authorise Elative Solutions OÜ to read a bounded number of its public pages, and public channels of yours that it links to, in order to provide the Altea assistant to you.
• Your warranty. You confirm that the website you provide is your own or that you are authorised to submit it for this purpose. You must not submit websites you do not control or have no permission to use.
• Public sources. Where the external enrichment feature is offered, Altea may additionally read public sources about your business, such as public reviews, public advertising archives, and public web search results. These lookups relate to your business only and produce bounded excerpts marked with their source.
• Untrusted content. Content gathered from your website and from public sources is treated as untrusted input to the assistant, in the same way as uploaded content under section 10B. The anti-manipulation prohibition in section 7 applies in full.
• Review and accuracy. Every fact gathered this way is visible in the app, where you can correct, reject, or delete it. Public sources may be wrong, outdated, or written by third parties; the disclaimers and limitations in sections 10, 10C, 23, and 24 apply in full to enrichment-derived facts and to any output based on them.

10E. Meeting Notetaker Connections

The Altea assistant lets you connect a meeting notetaker account of yours (at launch: Fireflies, Fathom, or Granola) so that it can learn from AI-generated summaries of your recorded business calls, as described in section 2C of our Privacy Policy. Section 10A applies to a notetaker connection in full, together with the following:

• Summaries only. We read bounded AI-generated meeting summaries and basic meeting details from your notetaker account. We do not request word-for-word transcripts.
• Recording consent is your responsibility. You confirm that your recordings are made lawfully, and you remain solely responsible for complying with the recording and wiretapping laws that apply to your calls, including informing participants that a call is recorded and obtaining any consent those laws require. We do not record calls and have no relationship with your call participants.
• Your warranty. You confirm that the notetaker account you connect is your own, that you have the right to let us process the meeting summaries it contains, and that you will not connect an account containing recordings you had no right to make or share. The prohibited-content rules in section 10B apply to connected meeting content in the same way as to uploads.
• Untrusted content. Meeting summaries are treated as untrusted input to the assistant. The anti-manipulation prohibition in section 7 applies in full.
• Your vendor relationship. Your notetaker provider processes your recordings under your own agreement with that provider, not ours. Section 10A's third-party terms clause applies, including to a provider's changes to or discontinuation of its API or plan features (for example, a provider offering keys only on certain plans).

11. Payment, Fees, and Refund Policy

a. Fees

If you choose to purchase one or more Services provided through the Platform, you agree to pay all fees associated with the Services. Fees vary by brand, product, and subscription tier. All fees are stated at the point of purchase. Fees may change from time to time.

All fees are exclusive of any applicable communications service or telecommunications provider fees. You will pay all such charges as a separate line item.

b. Billing and Payment Authorisation

Charges incurred through your purchase or use of the Services will be billed to the payment method on file. If you subscribe to a recurring Service, charges will be billed in advance of the Service period. You agree to provide accurate and complete billing information and to update us with any changes within 10 days. All paid subscriptions are processed by Stripe via web checkout. Apple and Google are not involved in billing for subscriptions.

c. Taxes

You are exclusively responsible for all taxes and governmental assessments associated with your use of the Platform. Elative Solutions OÜ may collect taxes from you as part of the fees as it deems appropriate, and all determinations regarding applicable taxes are final.

d. Overdue Amounts

If your payment method is declined, we may suspend or terminate performance of Services and require you to pay any overdue amounts by other means acceptable to us. In the event legal action is necessary to recover balances due, you agree to reimburse us for all expenses incurred, including attorney fees.

e. Payment Disputes

You must notify us in writing within 60 days of the billing date for any charges you wish to dispute. You must pay all invoiced charges while a dispute is pending or you waive the right to pursue the dispute.

f. No Refunds

There is no money-back guarantee associated with any product or service on the Platform. If you sign up for a Service but do not access or use it, you remain responsible for all fees during the term of your subscription. Elative Solutions OÜ does not provide fee refunds or credits for partially used or unused subscriptions under any circumstances.

We reserve the right to issue a credit or refund solely at our own discretion in exceptional circumstances. Any such decision in one instance creates no obligation to issue the same in any future instance.

g. Free Trial

Where we offer a free trial, the trial period begins immediately upon registration and continues for the period indicated at the time of sign-up. Free trials are only available to new subscribers who have not previously benefited from a trial period on the same product.

If you do not wish to continue after your free trial, you must cancel before the trial period ends through your account on the web, or by emailing legal@elative.solutions. If you do not cancel before the trial period ends, your subscription will automatically continue and the payment method provided at enrolment will be charged the applicable fee. Elative Solutions OÜ may change subscription rates at any time and will notify you by email if rates change after you subscribe.

Free trials are offered exclusively through web checkout processed by Stripe. The Apple App Store and Google Play Store do not host, bill, or manage any free trial or subsequent subscription. Cancellation, refund, and billing are handled by Elative Solutions OÜ, not by Apple or Google.

12. GoHighLevel CRM Infrastructure

CoachSuite Pro and Altitude Club operate on GoHighLevel as part of their underlying CRM and platform infrastructure. GoHighLevel is a third-party software-as-a-service provider. By subscribing to CoachSuite Pro or Altitude Club, you acknowledge and accept that certain platform data, including contact records, automation configurations, funnels, and communication logs, is stored and processed within GoHighLevel's infrastructure.

GoHighLevel operates servers in the United States. Data transfers are governed by Standard Contractual Clauses under GDPR. You are responsible for ensuring your use of the platform and your client data management complies with applicable data protection laws in your jurisdiction.

13. No Resale of Services

You are not permitted to resell, sublicense, distribute, or otherwise offer access to any Elative Solutions OÜ services or platforms to third parties without prior written authorisation.

a. No White-Labelling

You may not customise, rebrand, or offer our platform or services under your own name or any other brand without our express written permission. Unauthorised attempts to resell or distribute our services will result in immediate account suspension without refund.

b. No Third-Party Client Access

You are prohibited from creating accounts, sub-accounts, or access credentials for third parties, including clients, employees, or associates, unless explicitly authorised by Elative Solutions OÜ in writing.

c. No Transfer of Access

You may not transfer, lease, assign, or sell your account or any part of the Services to any third party. Unauthorised sharing of login credentials may result in immediate account suspension.

14. Excessive Data Usage

Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may suspend or terminate your use, or reduce your data or usage allowance, with or without advance notice, if we determine at our sole discretion that your usage is excessive, abusive, or negatively affecting the Services. This includes excessive use of AI generation, Business Connections syncing, or data uploads beyond the limits stated at the point of purchase or in the product.

15. Onboarding, Training, and Platform Guidance

We may offer onboarding, training, and platform guidance to assist you in using the Services. All training and onboarding materials are provided on an "as-is" basis with no warranty.

a. No Guarantee of Results

Training is provided for informational purposes only and does not guarantee any specific outcome. You are solely responsible for how you adopt any strategies, recommendations, or workflows provided through training. Elative Solutions OÜ is not liable for any decisions, losses, or outcomes resulting from the application of training content.

16. Data Stored on Our Servers

We have no responsibility or liability for the deletion or failure to store any content maintained or transmitted through the Platform. We reserve the right to remove or terminate accounts that have not paid a subscription fee, that remain inactive for longer than one year, or that have violated one or more terms of this Agreement.

a. No Obligation to Transfer Data

If you discontinue using our Services or migrate to another platform, Elative Solutions OÜ is not obligated to transfer, export, or provide a snapshot of your account, data, automations, or configurations to another platform.

b. Self-Managed Data Export

You are responsible for exporting or backing up any necessary data before terminating your account. Elative Solutions OÜ does not provide direct support for migrating workflows or platform setups to external services.

c. Account Termination and Data Retention

Upon termination of your account, your data may be retained for a limited time in accordance with our Privacy Policy, after which it will be permanently deleted.

17. Account Registration

To access portions of the Platform or to register for the Services, you will be required to provide registration details and other information. All information you provide must be complete, current, and accurate. You consent to all actions Elative Solutions OÜ takes with respect to your information consistent with our Privacy Policy.

18. Login Credentials

You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your account and login credentials, whether or not authorised by you. You agree to notify us immediately of any unauthorised access to your account or any other breach of security. User accounts are non-transferable.

19. User Contributions

You own and retain all ownership rights to content you upload or submit to the Platform, including reflections, journal notes, assistant prompt responses, connected business data, and uploaded files. You grant Elative Solutions OÜ the right to use your content as necessary to provide the Services to you, to operate the internal quality and safety monitoring described in our Privacy Policy, and for other legitimate business purposes, subject to our obligation to maintain confidentiality, our commitment not to train AI models on your content, and our commitments under our Privacy Policy.

You are responsible for any content you submit or contribute, including its legality, reliability, accuracy, and appropriateness. You agree that content you post will not:

• Be unlawful, threatening, abusive, harassing, defamatory, deceptive, or fraudulent
• Victimise or discriminate against individuals or groups on any protected ground
• Infringe any intellectual property right of any party
• Breach the security of or attempt to gain unauthorised access to the Platform or any connected network

20. Content You Create

You retain all ownership rights to your data and content uploaded to the Service. If you are using the Services on behalf of another party, you represent and warrant that you have all necessary rights and permissions to do so.

By submitting an idea, suggestion, or feature request to Elative Solutions OÜ, you grant us a perpetual, irrevocable, non-exclusive, royalty-free licence to use, develop, or discard that idea without restriction, payment, or obligation to you.

21. Copyright and DMCA

If you believe that your work has been copied in a way that constitutes copyright infringement, notify us at legal@elative.solutions with the subject line DMCA Takedown Request. Your notification must include:

• An electronic or physical signature of the person authorised to act on behalf of the copyright owner
• A description of the copyrighted work you claim has been infringed
• A description of where the infringing material is located on the Platform
• Your address, telephone number, and email address
• A statement that you have a good-faith belief that the disputed use is not authorised
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorised to act on their behalf

Our designated copyright agent: Elative Solutions OÜ, Ahtri tn 12, Kesklinna linnaosa, Harju maakond, 10151 Tallinn, Estonia.

22. Third-Party Content and Links

The Platform may include content provided by third parties. All statements and opinions expressed by third parties are solely the responsibility of the person or entity providing those materials and do not necessarily reflect the position of Elative Solutions OÜ.

The Platform may provide links to external websites for the convenience of users. The inclusion of an external link does not constitute support or endorsement of any kind. We are not responsible for the content, function, or any loss or damage arising from your use of third-party websites.

23. Disclaimer

THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED UNDER APPLICABLE EU AND INTERNATIONAL LAWS.

WE MAKE NO WARRANTY THAT: (a) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) RESULTS OBTAINED FROM USE OF THE SERVICES, INCLUDING ANY AI-GENERATED OR DATA-GROUNDED OUTPUT, WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (d) THE QUALITY OF ANY SERVICES PURCHASED WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES, AT ANY TIME WITH OR WITHOUT NOTICE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.

24. Limitation of Liability and Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or Services shall be limited to the amount you paid us for Services during the three-month period immediately before the act giving rise to the liability.

IN NO EVENT SHALL ELATIVE SOLUTIONS OÜ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless Elative Solutions OÜ and its team against all demands, claims, actions, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorney fees) directly or indirectly arising from: (a) your use of the Platform or Services; (b) any breach of these Terms by you, your employees, agents, or clients; (c) any negligence or misconduct by you, your employees, agents, or clients; (d) violations of applicable law; (e) any content or data you connect or upload, including any claim that you lacked the right to provide it; or (f) any disputes between you and your clients.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Elative Solutions OÜ for which monetary damages would not be an adequate remedy. Elative Solutions OÜ shall be entitled to seek equitable relief, in addition to any other remedies available at law, without having to post a bond or other security.

27. Waiver and Severability

No waiver by Elative Solutions OÜ of any term or condition shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

28. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Elative Solutions OÜ with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. These Terms may not be altered, supplemented, or amended by the use of any other document unless expressly agreed to in writing by Elative Solutions OÜ.

29. Term and Termination

These Terms remain in full force and effect while you use the Platform or subscribe to any Services. Provisions that by their nature are intended to survive termination will remain binding, including but not limited to Sections 6, 10, 10A, 10B, 10C, 10D, 10E, 11, 16, 19, 20, and 23 to 32.

a. Grounds for Termination

Elative Solutions OÜ may, at its sole discretion, suspend or terminate your access to the Platform for any reason, with or without notice, without liability to you or any third party. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination and referral to appropriate authorities.

b. No Right to Services Upon Termination

Upon termination, your right to use the Services will immediately cease. We shall not be liable to you or any third party for any claims arising from termination or suspension.

c. How to Cancel

You can cancel a paid subscription at any time from your account on the web. For Mobile App account deletion, see section 3(f). For other Service cancellations, written notice should be sent to legal@elative.solutions at least 30 days before your next billing date.

30. Applicable Law, Binding Arbitration, and Dispute Resolution

The laws of Estonia and the European Union shall govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitration proceedings shall be held in Tallinn, Estonia. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes must be arbitrated or litigated on an individual basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

31. No Bug Bounties

Elative Solutions OÜ does not operate a bug bounty programme and does not pay bug bounties. Any third-party access to the Platform or any Elative Solutions OÜ systems or networks, including network penetration testing or security assessment, is strictly prohibited except as expressly permitted in writing.

32. Miscellaneous

a. Your Privacy Obligations

When you provide access to the Platform to any other parties, including your clients, you must implement and enforce your own Privacy Policy that provides a level of protection at least equal to that provided to you by Elative Solutions OÜ. You must obtain affirmative consent from your clients that they agree to be bound by your Privacy Policy.

b. International Use

Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in all locations. Those who access the Platform from outside the European Union do so on their own initiative and at their own risk and are responsible for compliance with local laws in their jurisdiction.

c. Force Majeure

We shall be excused from liability for non-delivery or delay in delivery of Services arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to labour disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental acts or regulations, third-party service or AI-provider outages, and other causes beyond our reasonable control.

d. How to Send Notices

All notices to Elative Solutions OÜ must be submitted in writing via email to legal@elative.solutions. You agree to allow us to submit notices to you through the email address you provided at registration. Notices are effective on receipt.