Terms of Service

These Terms of Service ("Terms") are a legal agreement between Element Digital ("we", "us", "our"), a sole proprietorship operating from Rochester, NY, and you ("Customer", "you", "your") governing your use of Element Chatbot, Element Voice, Element Website, and the elementdigital.org website. By using any of our products you agree to these Terms.

1. Acceptance and changes

By signing up for, paying for, or using any Element Digital product, you accept these Terms. We may update them — if we do, we will post the new version on this page and update the "Last updated" date. For material changes affecting paid customers we will email account owners at least 30 days in advance. Continued use after the effective date means you accept the new Terms.

2. Eligibility and accounts

• You must be at least 18 and able to enter binding contracts. If you sign up on behalf of a business, you represent that you have authority to bind that business.
• You are responsible for the accuracy of the account information you provide and for keeping your password secure. Notify us immediately at elementdigitalllc@gmail.com if you suspect unauthorized access.
• One person or business per account unless we have agreed otherwise in writing.

3. Your content and our license

• You retain ownership of everything you put into our products — your call recordings, your website content, your chatbot training data.
• You grant Element Digital a limited license to use your content only as necessary to operate the products you have purchased (e.g., store it, process it, display it back to you, transmit it to the third-party processors listed in our Privacy Policy).
• That license ends when you cancel and we have completed our retention obligations.
• You represent that you have the right to provide whatever content you upload — including that you have proper authority to record calls in your jurisdiction (most US states require either one- or two-party consent for call recording; you are responsible for compliance).

4. Acceptable use

You will not (a) use the products to send unlawful, harassing, defamatory, or fraudulent communications; (b) impersonate any person or entity; (c) attempt to reverse engineer, decompile, or extract source code from the products; (d) resell or sublicense the products without a written agreement; (e) use the products to compete directly with Element Digital; (f) abuse rate limits or attempt denial-of-service against the infrastructure; (g) violate any applicable law in your use of the products.

5. Payment, billing, and cancellation

• Element Chatbot: $99/month + $199 one-time setup. 14-day free trial; setup fee is billed at the end of the trial when you proceed. Billing recurs monthly until cancelled.
• Element Voice: $499 one-time setup, plus $149 (Starter) / $249 (Pro) / $399 (Elite) per month. $0.25/min overage. 14-day free trial of Pro features.
• Element Website: Starting at $349 one-time. Custom quote for larger builds.
• Cancellation: cancel any time by emailing elementdigitalllc@gmail.com. Refunds are governed by our Refund Policy.
• Late payment: if a charge fails, we will retry it and email you. After 14 days of non-payment we may suspend the service; after 60 days we may terminate the account.
• Taxes: prices do not include any applicable sales, use, or VAT taxes. Where required, we will collect and remit them.

6. Intellectual property

• The software, design, code, prompts, and configurations that make up Element Chatbot, Element Voice, and Element Website templates are owned by Element Digital. We grant you a non-exclusive, non-transferable license to use them while your subscription is active or, for Element Website, after delivery.
• For Element Website specifically, the bespoke design and code produced for your one-time build is transferred to you at delivery. You own it.
• For all other products, the platform and underlying code remain Element Digital's.
• Element Digital, Element Chatbot, Element Voice, and Element Website are trademarks of Element Digital.

7. Service levels and availability

We aim for 99.5%+ uptime on the products. Planned maintenance is communicated in advance where possible. Element Voice depends on third-party telephony (Twilio) and voice AI infrastructure (Vapi/Synthflow) — extended outages of those providers may interrupt service through no direct fault of ours, in which case the credit terms in our Refund Policy apply.

8. Warranty disclaimer

THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ELEMENT DIGITAL DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSE.

AI is probabilistic by nature. Element Chatbot and Element Voice may occasionally answer incorrectly. You are responsible for reviewing AI-generated responses before relying on them for material business decisions.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMENT DIGITAL'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE PRODUCTS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE FEES YOU PAID TO ELEMENT DIGITAL IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ELEMENT DIGITAL IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Element Digital and its officers, employees, and contractors from any claim, demand, loss, or expense (including reasonable attorney fees) arising from (a) your content or use of the products in violation of these Terms or applicable law, (b) your violation of any third party's rights, or (c) your violation of call-recording, marketing, or telemarketing laws applicable to your use of Element Voice or Element Chatbot.

11. Term, suspension, and termination

• These Terms remain in effect while you use the products.
• Either party may terminate at any time, for any reason, on written notice (email counts).
• We may suspend or terminate immediately if you breach these Terms, fail to pay, or use the products in a way that endangers our infrastructure or other customers.
• On termination, your license to use the products ends. We retain data per the retention schedule in our Privacy Policy; you may request earlier deletion.

12. Governing law and dispute resolution

• These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.
• Informal resolution first: if a dispute arises, you and Element Digital agree to attempt to resolve it through good-faith email or phone discussion for at least 30 days before initiating formal action.
• Binding arbitration: if informal resolution fails, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Monroe County, New York. Judgment on the award may be entered in any court of competent jurisdiction.
• Class action waiver: claims may only be brought in your individual capacity, not as a class member or in a representative capacity.
• Small claims: either party may bring a claim in Monroe County small-claims court instead of arbitration if the claim qualifies.

13. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between us.
• Severability: if any provision is unenforceable, the rest remain in effect.
• No waiver: our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment: you may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of substantially all of our assets.
• Force majeure: neither party is liable for failure caused by events outside reasonable control (natural disaster, war, regulatory action, third-party infrastructure failure).
• Notices: formal notices to Element Digital go to elementdigitalllc@gmail.com. Notices to you go to the email on your account.