Terms of Service

1. Acceptance of Terms

Welcome to Elevatr ("we", "our", or "us"). These Terms of Service ("Terms") govern your use of our professional experience tracking platform and services (the "Service") operated by Elevatr, Inc.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Elevatr is a professional experience tracking platform that helps users log, verify, and manage their professional development journey. Our Service includes:

• Experience logging and categorization tools
• Supervisor verification workflows
• Document storage and management
• Progress tracking and analytics
• Professional report generation
• Mobile and web applications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password and for maintaining the confidentiality of your account. You agree to:

• Choose a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 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 and have the legal capacity to enter into these Terms.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload false, misleading, or fraudulent information
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated scripts or bots to access the Service
• Upload viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Use the Service for any commercial purpose without our written consent

We reserve the right to investigate and take appropriate action against users who violate this policy, including suspension or termination of accounts.

5. Intellectual Property Rights

5.1 Our Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Elevatr and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

5.2 Your Content

You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content solely for the purpose of providing the Service.

5.3 Feedback

Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to compensate you.

6. Payment Terms

6.1 Subscription Plans

We offer both free and paid subscription plans. Paid plans are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

6.2 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price changes for existing subscribers. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of your billing period.

7. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

You are responsible for the accuracy and legality of any data you submit to the Service. You represent and warrant that you have the right to submit such data and that it does not violate any laws or third-party rights.

8. Service Availability and Modifications

8.1 Availability

We strive to maintain high availability of the Service but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that affect your use of the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELEVATR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

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

10. Indemnification

You agree to defend, indemnify, and hold harmless Elevatr and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Service

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. You may delete your account at any time by contacting us. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Service and may delete your account.

15. Contact Information

If you have any questions about these Terms, please contact us:

• By email: info@surveymanagerapp.com
• By mail: Survey Manager App, LLC, New England, USA

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevatr regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning the Service.