Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Elev8 website at elev8.inc, our marketing agency services provided under the Elev8 Marketing brand, and our software platform, Elev8 Agency, available at app.elev8.inc (together, the "Services"). The Services are operated by Elev8 ("Elev8," "we," "us," or "our"). By accessing the website, engaging our services, or using the platform, you agree to these Terms. If you do not agree, do not use the Services.

1. Who we are

Elev8 is a full-service marketing agency and the maker of Elev8 Agency, an AI marketing platform that runs our agency methodology as software. Some of what follows applies to everyone who visits the website, some applies only to agency clients, and some applies only to platform users. Each section notes its scope where it matters.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

3. The website

The content on our website, including articles, guides, case studies, and marketing copy, is provided for general information only. It does not constitute professional, legal, financial, or marketing advice for your specific situation, and results described for other clients are not a guarantee of similar results for you.

4. Agency services

Marketing services delivered by our team are provided under a separate written agreement, such as a statement of work, proposal, or master services agreement ("Client Agreement"). Those documents govern scope, fees, timelines, deliverables, and ownership for that engagement. If anything in these Terms conflicts with a signed Client Agreement, the Client Agreement controls for that engagement. Unless your Client Agreement says otherwise, you own the final creative deliverables we produce for you once fees for them are paid.

5. The Elev8 Agency platform

Accounts. To use the platform you must create an account and keep your login credentials secure. You are responsible for all activity under your account and for the accuracy of the information you provide, including any client information you add to your workspaces. By connecting a third-party account to a workspace, you represent that you are authorized to grant that access, including where the account belongs to a client you manage.

Subscriptions and billing. Access to the platform is sold on a subscription basis by tier. Fees, billing frequency, and included usage are presented at signup or in your order. Unless stated otherwise, subscriptions renew automatically for the same term until cancelled, and fees are non-refundable except where required by law or expressly stated. We may change pricing on a going-forward basis with notice.

Your content and deliverables. You retain ownership of the information, briefs, and materials you input ("Your Content") and of the finished deliverables the platform produces for you. You grant us a limited license to host, process, and use Your Content solely to provide and improve the Services to you. You are responsible for ensuring you have the rights to any content you upload, including content about your own clients.

Our platform. The platform itself, including its engines, methodology, software, interfaces, and underlying know-how, is and remains our property. Nothing in these Terms transfers ownership of the platform to you.

6. AI-generated output

The platform uses artificial intelligence and live data sources to produce research, strategy, and content. AI output can contain errors, omissions, or outdated information, and it reflects the inputs and data available to it. You are responsible for reviewing, verifying, and approving any output before you rely on it, publish it, or deliver it to a client. Any "marketing value" figures, hour estimates, or projections shown in the platform or on this website are illustrative estimates of comparable agency effort and are not a promise of financial results.

7. Acceptable use

You agree not to: use the Services in violation of any law or third-party right; upload content you do not have the right to use; attempt to reverse engineer, copy, resell, or create a competing product from the platform; probe, scan, or breach security; introduce malware; scrape or overload the Services; or use output to create unlawful, deceptive, infringing, or harmful material. We may suspend or terminate access for conduct that violates these Terms.

8. Third-party services and links

The Services integrate with and link to third-party tools and websites. We do not control those third parties and are not responsible for their content, availability, or practices. Your use of a third-party service is governed by that party's own terms.

9. Intellectual property

Elev8, the Elev8 and Elev8 Agency names and logos, and all related branding are our trademarks. The website design, code, copy, and other materials are protected by intellectual property laws. You may not use our marks or materials without our prior written permission, except as needed to use the Services as intended.

10. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any output will be accurate or achieve any particular outcome.

11. Limitation of liability

To the fullest extent permitted by law, Elev8 will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Services. Our total liability for any claim relating to the Services will not exceed the amount you paid to us for the Services in the twelve months before the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold Elev8 harmless from claims, losses, and expenses, including reasonable legal fees, arising from your use of the Services, your content, or your violation of these Terms or any law or third-party right.

13. Termination

You may stop using the Services at any time, and you may cancel a subscription as described in your plan. We may suspend or terminate access if you breach these Terms or if we discontinue the Services. Provisions that by their nature should survive termination, including ownership, disclaimers, limitation of liability, and indemnification, will survive.

14. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The exclusive venue for any dispute that is not subject to a separate agreement will be the state or federal courts located in Wyoming, and you consent to their jurisdiction.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and material changes may be communicated through the Services. Your continued use after changes take effect means you accept the updated Terms.

16. Contact

Questions about these Terms can be sent to hello@elev8.inc, or by mail to Elev8, 30 N. Gould, Ste. R, Sheridan, WY 82801.