elevAI Terms and Conditions

TERMS AND CONDITIONS

All references regarding The Market League, LLC (elevAI, Figure Aesthetics) will be known as "we", "our" and "Company".

SUBSCRIPTION AGREEMENT

All payments are month to month (except quarterly plans).

1.1 Subscription Terms.: Your initial subscription period will automatically renew per the term you signed up with. All payments are month to month, unless you paid in full with an annual plan. To prevent renewal of your subscription, You must provide notice of non-renewal as provided in Section 1.3.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS AND UNTIL YOU PROVIDE NOTICE OF NONRENEWAL OR COMPANY STOPS PROVIDING THE SERVICES TO YOU CONSISTENT WITH THESE TERMS, COMPANY IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD ON FILE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES).

1.2 Fees and Payment: Client agrees to pay the monthly fee. The first payment must be paid concurrently on the date of enrollment and will be charged to the credit card on file

or be due via ACH transfer on the same date of every month.

1.2a. System Usage Charges: Every month, the plan includes a $50 credit towards system usage charges, which equates to about 2525 text segments or 2347 minutes or 7142 emails of system usage. Any usage beyond this will be charged separate and in addition to the subscription fees as: Making Calls: $0.035/min, + Receiving Calls: 0.0213/min, + Emails: $0.007/email, + Text Messages: 0.0198/SMS Segment (1 Segment is equal to 160 sms characters; more detail here: https://bit.ly/smscostguide2).

1.2b.Any Professional Services (including Marketplace services) requested by Client outside the scope of the Subscription Agreement for Company require additional fees. Client agrees to pay all such fees and costs at the time services are rendered and the expenses incurred, as invoiced by Company.

The fees for the Company Service and any additional Professional Services (“Fees”) are set forth in the Subscription Agreement and are payable in advance, irrevocable and non-refundable except as set forth in the Subscription Agreement and these Terms. The current pricing available on our website on the date of renewal will apply to your renewal subscription period. You are liable for all fees you owe us under any Subscription Agreement. You acknowledge that failure to pay any fees due under any account you have with us, or amounts under accounts associated with Company payments or another payment processor, is a breach of these Terms, and in such event you acknowledge we have the right to terminate your account or suspend access to the Company system and/or service associated with any account we have with you or which is under your control. You agree to provide Company with complete and accurate billing and contact information for yourself and your organization, as applicable, and update such information as necessary. Where payment by credit card is indicated in the Subscription Agreement, or you otherwise provide Company with credit card information, you represent that you are authorized to use the credit card that you enter and you authorize Company (or our third party payment processor) to retain your payment information and to use the stored payment method and information to charge such credit card (a) at the time that you order the Company system and/or service set forth in the Subscription Agreement, (b) for any billing frequency otherwise established in the Subscription Agreement, and (c) at the time of any renewal, for the amount of fees owing plus any applicable sales taxes for any renewed Subscription Term. Those credit card payments will be subject to any additional terms presented to you by our third-party credit card payment processor, which will be the merchant of record for that transaction. You acknowledge that the amount billed may vary due to usage levels for services such as contacts, users, fax and voice broadcast services and email overages; promotional offers, changes to Your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

Company reserves the right to verify credit/debit card payments prior to acceptance of your order. We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments in order to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing. If Company, in its discretion, permits you to make payment using a method other than a credit card, Company will invoice you at the time of the initial Subscription Agreement and thereafter on a monthly basis in advance of the relevant billing period, and all such amounts invoiced will be due within ten (10) days of your receipt of Company invoice. Late payments shall be subject to a service charge of one and one-half percent (1.5%) per month, or the maximum charge permitted by law, whichever is less. Company reserves the right to revoke permission to use an alternate payment method at any time for any reason. We can set off any obligation you owe us, to the extent permitted by law, against any credit in any account we have with you or under your control, and you will be liable for the costs we incur to pursue collections against you in order to collect any outstanding Fees, including without limitation attorneys’ and collection agency fees and expenses.

1.3 Notice of Non-Renewal/ Termination: The initial term agreement is one (1) month starting from the enrollment date of your purchase. Thereafter, the Agreement will automatically renew for every month until terminated for any reason by one of the Parties. If You elect to terminate this agreement and prevent the renewal of the Subscription Term for a Company system or service, You will need to email us at [email protected] at least ten (10) days prior to the end of Your next billing date. If you notify us within the 10 day window, You must pay Company the next billing date to continue the following 30 days worth of service. We reserve the right to issue refunds at our discretion. Offboarding call required.

1.4 Delay of Launch: We aim to get Ads Launcher Plan clients and Service Plan clients ad campaigns launched within 7 to 10 business days of their payment and enrollment; however if Client delays this process, by not providing the Onboarding Form and everything we need within 24 hours of enrollment, or is unable to schedule their Onboarding Call within 2 business days of enrollment, Company will not push back their billing subscription period.

PRIVACY POLICY

2. PERSONAL INFORMATION WE COLLECT

2.1 DEVICE INFORMATION: When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visithttp://www.allaboutcookies.org

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

2.2 CLIENT INFORMATION: Additionally when you make a purchase or attempt to make a purchase through the Site, or opt-in for more information, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number). We refer to this information as “Client Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

3. HOW DO WE USE YOUR PERSONAL INFORMATION?

3.1 ORDER INFORMATION: We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).

Additionally, we use this Order Information to:

Communicate with you and discuss marketing updates;

Screen our orders for potential risk or fraud; and

When in line with the preferences you provided, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

3.2 OPTING IN FOR MARKETING AND ADVERTISING

By providing your phone number on this website, you are opting in for marketing and advertising, and you consent to receive promotional materials, advertisements, newsletters, updates, and other marketing communications from Company via email, SMS, telephone, or other communication channels you have provided. Message and data rates may apply. Message frequency varies.

You acknowledge and agree that the information you provide for marketing and advertising purposes, including personal data, will be processed in accordance with our Privacy Policy.

You have the right to unsubscribe or opt-out of receiving marketing and advertising communications from us at any time. To unsubscribe or opt-out, follow the instructions provided in the communication or contact us directly using the contact information provided in "Contact Us" section 15 of this agreement below.

4. WEBSITE ACCESS AND USAGE

4.1 By accessing and using our Website, you agree to comply with all applicable laws and regulations and abide by the terms and conditions outlined in this Agreement.

4.2 You are responsible for maintaining the confidentiality of any account credentials, including usernames and passwords, associated with your access to the Website. You agree to notify us immediately of any unauthorized use or suspected breach of security.

4.3 We may collect and process certain information about your usage of the Website, as outlined in our Privacy Policy. By accessing and using the Website, you consent to the collection, use, and processing of your information in accordance with our Privacy Policy.

5. SHARING YOUR PERSONAL INFORMATION

We may discuss your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. We reserve the right to communicate with any active customers with an active subscription to communicate about any offers, subscriptions, troubleshooting, and client management.

6. DO NOT TRACK

6.1 Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

7. YOUR RIGHTS

7.1 If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

8. DATA RETENTION

8.1 When you opt-in for more information or place an order through the Site, we will maintain your contact and order Information for our records unless and until you ask us to delete this information. You can opt out at anytime from our SMS or Email communications by replying STOP. You can opt back in our communications by replying “START”.

9. INTELLECTUAL PROPERTY

9.1 All intellectual property rights, including trademarks, logos, copyrights, and other proprietary materials, displayed or used on the Website or in our marketing and advertising materials, are the sole property of Company or its licensors. You are prohibited from using, reproducing, distributing, or modifying any of the intellectual property without prior written consent from Company.

10. LIMITATION OF LIABILITY

10.1 To the extent permitted by law, Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of our marketing materials, advertisements, or the Website, including but not limited to any losses, damages, or expenses arising from delays, inaccuracies, errors, omissions, or interruptions in the transmission or delivery of such materials or from any unauthorized access or alteration of your personal information.

11. INDEMNIFICATION

11.1 You agree to indemnify and hold Company, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of our marketing materials, advertisements, or the Website, or any violation of this Agreement

12. NON-DISPARAGEMENT

12.1 The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors or employees whether

during the Term or after termination of this Agreement. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.

13. CHANGES

13.1 We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

14. CONTACT US

14.1 For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected].

15. GUARANTEE

15.1 There is NO guarantee of lead generation, clients or revenue for using our system or services. This is a PLATFORM that gives you the ability to market easier with our built-in marketing tools and strategies. Regardless of any perceived representation to the contrary, Company in no way guarantees a specific result for Client. Client understands and agrees that they are paying Company for the system (software as a service) to help generate results, but that results are never guaranteed. It is understood and agreed that the Company has no control over Google, Facebook, TikTok, Instagram, or other advertising platforms and if they decide to make changes to their advertising platform.

16. MODIFICATION OF AGREEMENT

16.1 We reserve the right to modify or update this Agreement at any time, without prior notice, by posting the revised Agreement on our Website. Your continued use of our marketing materials, advertisements, or the Website after the posting of any modifications constitutes your acceptance of such modifications.

By providing your consent for marketing and advertising or accessing our Website, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement.