Terms of Service

    The agreement governing access to WebElevated websites, the Portal, Atlas AI, subscriptions, communications, and related services.

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    WebElevated is a trade name and DBA of Cacele Digital LLC, a Florida limited liability company. In these Terms of Service, “WebElevated,” “Cacele Digital,” “we,” “us,” and “our” refer to Cacele Digital LLC doing business as WebElevated. “You” and “your” refer to the individual or legal entity that accesses or uses the Services, creates an account, accepts an Order, or otherwise enters into an agreement with us.

    These Terms of Service (“Terms”) are a binding agreement governing your access to and use of WebElevated’s websites, client portal, Atlas AI products, mobile applications, websites and digital properties we build or operate, communications tools, professional services, subscriptions, and related products and services (collectively, the “Services”). Please read them carefully.

    1. Acceptance and Authority

    You accept these Terms by accessing or using the Services, creating an account, clicking to accept, signing or accepting an order form, proposal, statement of work, estimate, invoice, service agreement, or similar ordering document (each, an “Order”), or paying for or receiving Services. If you do not agree to these Terms, do not use the Services.

    If you accept these Terms for a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, “you” and “your” refer to the entity. You must be at least eighteen years old and legally capable of entering into a binding contract.

    You are responsible for ensuring that anyone who accesses the Services through your account, organization, credentials, website, telephone number, integration, or authorization complies with these Terms. You may not use the Services if you are prohibited from doing so under applicable law or are a person or entity with whom United States persons are prohibited from transacting.

    2. The Agreement and Order of Precedence

    The agreement between you and WebElevated consists of these Terms, the applicable Order, our Privacy Policy, any service-specific terms or acceptable-use requirements presented for a feature, and any data-processing addendum, business associate agreement, or other written agreement signed by both parties (collectively, the “Agreement”).

    If documents conflict, a signed document controls over an unsigned document, and a more specific document controls over a more general one for the subject it addresses. Unless an Order expressly says otherwise, the order of precedence is: a mutually signed service agreement or addendum; the applicable Order; these Terms; and then other incorporated policies. An Order changes these Terms only if it identifies the provision being changed or clearly states that it overrides these Terms.

    Marketing pages, demonstrations, roadmaps, mockups, forecasts, examples, and informal discussions describe possibilities and are not binding commitments. Features, timelines, deliverables, service levels, and prices are binding only when stated in the Agreement. Purchase orders, vendor portals, or customer terms supplied by you are for administrative convenience only and do not modify the Agreement unless we expressly agree in a writing signed by an authorized representative.

    3. Services Covered

    The Services may include, depending on your Order and account configuration:

    • WebElevated public websites, landing pages, forms, chat experiences, proposals, onboarding flows, and educational content;
    • website strategy, design, development, hosting, maintenance, content, search-engine optimization, advertising, analytics, branding, graphic design, and related professional services;
    • the WebElevated Portal, including account, CRM, lead, customer, website, project, change-request, subscription, invoice, support, partner, commission, analytics, scheduling, and administrative functions;
    • Atlas AI, including web, mobile, chat, voice, inbound-calling, workflow, knowledge, drafting, analysis, recommendation, reporting, and approval-gated automation functions;
    • the Atlas AI mobile application, authentication, notifications, subscriptions or in-app purchases, and connected workspace functions;
    • email, SMS, telephone, voice, recording, transcription, appointment, notification, payment, and customer-support capabilities;
    • integrations with third-party advertising, analytics, calendar, communications, payment, social-media, task-management, website, hosting, and business platforms; and
    • pilots, previews, beta features, custom work, and related security, administration, billing, reporting, and fulfillment activities.

    Your right to use a feature depends on the applicable Order, plan, usage limits, technical requirements, compliance approval, geographic availability, and release status. A feature displayed on a website, roadmap, demonstration, or user interface is not included unless it is enabled for your account or identified in the Agreement.

    4. Accounts, Credentials, and Authorized Users

    You must provide accurate, current, and complete account and billing information and keep it updated. You are responsible for protecting credentials, devices, API keys, verification codes, connected accounts, and administrator access. You may not share credentials except through supported account roles, and you may not allow more users or organizations to access the Services than your plan permits.

    You are responsible for actions taken through your account unless caused solely by our breach of the Agreement. Notify us promptly through the Portal if you suspect unauthorized access, compromised credentials, or misuse. We may require identity, authority, domain, telephone-number, business, or payment verification before granting access, processing a request, changing ownership, or enabling a sensitive feature.

    We may rely on instructions from an account owner, administrator, authorized contact, or person who reasonably appears authorized. You are responsible for maintaining accurate roles and promptly removing access for former employees, contractors, agencies, or other users. We may decline or delay an instruction when authority is disputed or when acting could create security, legal, payment, or ownership risk.

    5. Orders, Fees, Taxes, and Payment

    You will pay the fees, usage charges, overages, expenses, and taxes stated in the Agreement. Unless an Order states otherwise, fees are quoted and payable in United States dollars, payment is due when invoiced or charged, and recurring fees are billed in advance while metered or pass-through charges may be billed in arrears.

    You authorize us and our payment processors to charge the payment method associated with your account for amounts due, including recurring subscriptions, approved work, usage, overages, third-party costs, taxes, and past-due balances. You must maintain a valid payment method and authorize us to use updated card information supplied by a payment network or processor.

    Fees are nonrefundable and noncreditable once paid except when the Agreement expressly provides otherwise or applicable law requires a refund. Deposits and setup, onboarding, strategy, discovery, design, development, migration, domain, advertising, license, and third-party fees may become earned or nonrefundable when work begins, capacity is reserved, or the cost is incurred. You remain responsible for approved work and noncancelable commitments incurred before cancellation.

    Prices exclude sales, use, communications, excise, value-added, withholding, and similar taxes unless expressly stated. You are responsible for taxes arising from your purchase or use of the Services, excluding taxes based on our net income. If law requires withholding, you will gross up the payment so we receive the amount we would have received without withholding, unless prohibited by law.

    We may suspend Services, withhold new work, disable paid features, or charge lawful collection costs for overdue amounts. Past-due amounts may accrue interest at the lesser of one and one-half percent per month or the maximum rate allowed by law. A billing dispute must be submitted through the Portal promptly and no later than thirty days after the charge or invoice, but submitting a dispute does not excuse payment of undisputed amounts. Chargebacks made without first providing us a reasonable opportunity to address a good-faith dispute are a material breach.

    6. Subscriptions, Renewal, Cancellation, and Changes

    Unless an Order states otherwise, each subscription begins when activated and automatically renews for successive periods equal to the initial subscription period until canceled. You authorize recurring charges at the then-current price, including applicable usage and taxes. We will provide notice of renewal or price changes when required by applicable law.

    You may request cancellation using the subscription-management or support function in the WebElevated Portal. If you cannot access the Portal, use https://www.webelevated.com/contact and begin the message with “Cancellation Request.” A cancellation is effective at the end of the current paid subscription period unless the Agreement states otherwise. Deleting an application, removing a widget, stopping use, revoking an integration, or disputing a charge does not cancel a subscription.

    To avoid a renewal charge, submit cancellation before the renewal is processed. We do not provide prorated refunds or credits for partial periods, unused capacity, downgrade, or early termination unless required by law or stated in the Agreement. After cancellation, usage-based and third-party charges incurred before the effective cancellation date may still be billed.

    We may change plans, usage limits, features, or prices prospectively. If a change materially reduces a paid core feature during a committed term, your exclusive remedy is to cancel the affected Service and request a prorated refund of prepaid fees for the unused portion, unless the change is necessary for security, law, third-party platform requirements, or prevention of abuse. We may offer a replacement feature instead.

    7. Client Responsibilities and Cooperation

    You will provide timely decisions, approvals, access, materials, credentials, technical information, personnel, and cooperation reasonably needed to perform the Services. You are responsible for the accuracy and completeness of information you provide and for reviewing work, settings, messages, campaigns, prices, offers, legal disclosures, and deliverables before approval or publication.

    You will identify one or more authorized decision-makers. We may treat an approval given in the Portal, by an authorized account, through a connected workflow, or in a documented communication as final. Delays, rework, or additional costs caused by missing access, changing instructions, inaccurate information, conflicting stakeholders, third-party delays, or failure to respond may extend timelines and result in additional fees.

    Unless the Agreement expressly makes us responsible, you are responsible for:

    • your business operations, products, services, prices, offers, warranties, licenses, professional obligations, and customer relationships;
    • the legality, accuracy, substantiation, accessibility, and required disclosures of your content, advertising, promotions, claims, and communications;
    • obtaining rights, permissions, notices, and consents for Client Content, Customer Data, lists, recordings, calls, messages, testimonials, trademarks, images, music, video, and other materials;
    • maintaining appropriate internal policies, staff training, human review, account permissions, backups, and security controls;
    • compliance with laws and industry rules applicable to you, including advertising, privacy, consumer protection, accessibility, telemarketing, call recording, messaging, health, legal, financial, franchise, sweepstakes, and professional-services requirements; and
    • independently reviewing legal, tax, accounting, medical, employment, regulatory, and other professional matters with qualified advisers.

    8. Client Content and Customer Data

    “Client Content” means materials you or your authorized users provide, upload, publish, connect, direct us to use, or make available through the Services, including names, logos, trademarks, copy, images, video, audio, data, instructions, product information, prices, offers, and credentials. “Customer Data” means information submitted to or processed through the Services by or for you about your leads, customers, personnel, website visitors, callers, message recipients, or other individuals.

    As between the parties, you retain ownership of Client Content and Customer Data. You grant WebElevated and our subprocessors a worldwide, nonexclusive, royalty-free license to host, copy, transmit, display, modify, format, create derivative works from, and otherwise use Client Content and Customer Data only as reasonably necessary to provide, secure, support, improve, and administer the Services; comply with your instructions; enforce the Agreement; and comply with law.

    You represent and warrant that you have all rights, permissions, notices, lawful bases, and consents needed for us to process Client Content and Customer Data as contemplated by the Agreement. You will not direct us to use material that infringes, misappropriates, defames, violates privacy or publicity rights, breaches confidentiality, or is unlawful.

    We may remove, restrict, or decline Client Content when we reasonably believe it violates the Agreement, law, platform rules, or another person’s rights, or creates material risk. We are not required to monitor Client Content and do not assume responsibility for it. Our Privacy Policy describes our handling of personal information, including when we act as a service provider or processor on your behalf.

    9. WebElevated Technology and Intellectual Property

    WebElevated and its licensors retain all right, title, and interest in the Services and in our preexisting or independently developed technology, software, source code, object code, workflows, systems, methods, prompts, models, agents, templates, components, libraries, design systems, documentation, know-how, analytics, improvements, and branding (“WebElevated Technology”). No right is granted except as expressly stated in the Agreement.

    Subject to your compliance with the Agreement and payment of all applicable fees, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right during the applicable term to access and use the Services for your internal business purposes. You may permit authorized users and contractors to use the Services on your behalf, but you remain responsible for them.

    Unless an Order expressly provides for transfer, websites, automations, templates, configurations, Portal functions, Atlas components, hosted systems, and other deliverables incorporating WebElevated Technology are licensed, not sold. A client-specific final deliverable identified in an Order as “work made for hire,” “assigned,” or “client-owned” will transfer only after full payment, and the transfer excludes WebElevated Technology and third-party materials embedded in or necessary to use the deliverable. We grant you a perpetual license to use such embedded WebElevated Technology solely as part of the paid final deliverable, subject to third-party terms.

    You may provide feedback or suggestions. You grant us a perpetual, irrevocable, worldwide, royalty-free right to use feedback without restriction or obligation, provided we do not identify you publicly without permission.

    10. Portfolio and Publicity

    Unless an Order says otherwise or you opt out in writing before public use, you grant us permission to identify you as a client and display publicly available or approved versions of completed work, your name, logo, website, and a factual description of the Services in our portfolio, proposals, case studies, award submissions, and marketing. We will not disclose confidential performance data without permission.

    You may withdraw this permission for future use through the Portal or by using https://www.webelevated.com/contact with the subject “Portfolio Opt-Out.” Withdrawal does not require us to recall materials already printed, distributed, archived, or incorporated into a completed publication, but we will make commercially reasonable efforts to stop new digital use.

    11. Websites, Domains, Hosting, and Third-Party Assets

    Website projects may depend on domain registrars, hosting providers, content-management systems, plugins, themes, fonts, stock media, analytics, security services, and other third parties. Those services are subject to separate terms, fees, licenses, availability, and technical limits. We may select or recommend providers but do not control them.

    Unless an Order states otherwise, you are responsible for maintaining domain registration, DNS access, licenses, renewals, and third-party accounts. If we purchase or manage a domain or license for you, you authorize us to act as your technical or administrative agent and to charge associated costs. After all amounts are paid, we will reasonably assist with transfer of a client-owned domain or transferable asset, subject to registrar locks, identity verification, platform rules, third-party fees, and applicable law.

    Hosting, maintenance, security, backups, updates, and support are included only to the extent stated in the Agreement. No system is immune from interruption, incompatibility, data loss, malware, attack, or third-party failure. You should maintain independent copies of critical content and records. We may apply urgent updates, disable vulnerable components, restore from available backups, or restrict access when reasonably necessary to protect systems or users.

    Open-source software and third-party materials remain subject to their respective licenses. We may replace a discontinued, insecure, incompatible, or commercially unreasonable third-party component with a reasonably comparable alternative, but customization or migration may require additional fees.

    12. Marketing, Advertising, Search, and Analytics

    Marketing, advertising, search-engine optimization, lead-generation, content, and analytics Services involve variables outside our control, including platform algorithms, auction prices, competitors, audience behavior, market conditions, website history, tracking restrictions, account status, and your sales process. We do not guarantee rankings, impressions, clicks, leads, conversions, revenue, return on investment, account approval, or continued platform access.

    Budgets paid to advertising platforms and other media costs are separate from our management fees unless expressly stated. You authorize us to implement campaigns and changes within the approved scope and budget. You are responsible for the legality and accuracy of offers, claims, targeting criteria, landing pages, required disclosures, product availability, and fulfillment.

    Analytics and attribution are estimates and may differ across systems because of consent choices, device settings, blocked scripts, platform modeling, data windows, and technical limitations. Reports are for business information and are not audited financial statements. We may pause a campaign or decline a tactic that we reasonably believe violates law, platform policy, professional obligations, or the Agreement.

    13. Atlas AI and Automated Features

    Atlas and other artificial-intelligence or automated features may generate, transform, summarize, classify, recommend, retrieve, draft, route, or act on information. Outputs are probabilistic and may be incomplete, inaccurate, outdated, offensive, duplicative, or unsuitable. You must evaluate outputs and use appropriate human review before relying on, publishing, sending, or acting on them.

    You remain responsible for decisions, communications, offers, prices, appointments, invoices, payments, filings, advice, and actions made with assistance from Atlas. Atlas is not a lawyer, doctor, accountant, financial adviser, emergency service, licensed professional, or substitute for qualified personnel. You may not use Atlas to make fully automated decisions that produce legal or similarly significant effects on a person unless expressly authorized in writing and permitted by law.

    Some Atlas actions are approval-gated, limited to a pilot, or unavailable. Demonstrated, planned, or technically possible capabilities are not enabled commitments. Outbound calling, text or email follow-up, appointment booking, payment collection, sensitive-data workflows, or other higher-risk functions require explicit activation, technical readiness, and any compliance review we require. We may impose usage limits, disclosures, monitoring, testing, or human-approval requirements.

    You authorize us to process prompts, instructions, files, conversations, connected data, and outputs to provide and secure the enabled features. We may use subprocessors and third-party model providers as described in our Privacy Policy and applicable data-processing terms. You must not submit regulated, confidential, or sensitive data to an AI feature unless the Agreement permits it and appropriate safeguards are in place.

    You must clearly disclose the use of an AI agent when required by law or when a person could reasonably believe they are communicating with a human. You may not misrepresent Atlas as a licensed professional, government representative, emergency responder, or specific real person.

    14. Calls, Messages, Recordings, and Communications

    Communications features may involve telephone numbers, email, SMS or MMS, website chat, voicemail, call recording, transcription, and automated or artificial voice. You are the sender or initiator of communications made for your business unless the Agreement expressly states otherwise. You are responsible for message content, recipients, timing, frequency, disclosures, consent records, opt-outs, suppression lists, and campaign registration.

    You represent and warrant that you will comply with the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing and recording laws, carrier and platform rules, and other applicable requirements. You will obtain prior consent where required, honor revocation and opt-out requests promptly, maintain do-not-call and suppression records, and avoid contacting emergency lines or recipients who have not lawfully consented.

    You must provide legally sufficient notice and obtain consent before recording or transcribing a call or conversation. We may play or display an automated notice, but you remain responsible for determining whether it is sufficient for your use and jurisdiction. You may not remove or circumvent required disclosures, sender identification, opt-out mechanisms, or AI notices.

    Carrier registration, telephone-number provisioning, deliverability, caller identification, spam labeling, message filtering, and transmission depend on third parties and are not guaranteed. Usage charges, carrier fees, registration fees, and taxes may apply. We may suspend a communications feature immediately if we detect suspected spam, fraud, unlawful content, excessive complaints, invalid consent, evasion, or material platform risk.

    15. Regulated and Sensitive Information

    Do not use the Services to collect or process protected health information, payment-card data outside approved payment fields, government identifiers, biometric identifiers, precise financial credentials, information about children, or other regulated or highly sensitive information unless the applicable feature and Agreement expressly authorize it.

    The availability of a form field, integration, free-text box, recording, upload, or technical capability does not mean the Service is designed or approved for regulated data. You are responsible for data minimization and configuration. If you are subject to HIPAA, you may not submit protected health information unless we have signed a business associate agreement covering the applicable Service. A public website, marketing service, general CRM field, Atlas prompt, or standard support channel is not a substitute for a compliant clinical or records system.

    We may delete, quarantine, restrict, or return prohibited sensitive data and may suspend the affected workflow. You will notify us promptly if regulated data is submitted without authorization and cooperate with reasonable remediation.

    16. Third-Party Services and Integrations

    The Services may connect to or depend on third-party products and services. When you enable an integration, you authorize us to exchange data and instructions with that third party as needed to provide the integration. Your use of the third-party service is governed by its own terms and privacy practices, and you are responsible for maintaining the account, permissions, licenses, and fees required for it.

    We do not control and are not responsible for third-party content, acts, omissions, security, availability, pricing, policy changes, data handling, or continued interoperability. A third party may restrict, suspend, or terminate access at any time. We may modify, replace, or discontinue an integration if continued support becomes unavailable, insecure, unlawful, or commercially unreasonable.

    Links or references to third parties do not imply endorsement. You assume the risks of your dealings with them. We are not responsible for losses caused by a third-party service except to the extent directly caused by our breach of the Agreement.

    17. Acceptable Use

    You will not, and will not permit anyone to:

    • violate law, regulation, court order, platform rule, intellectual-property right, privacy right, publicity right, or contractual obligation;
    • send spam, unlawful marketing, deceptive communications, malware, harassment, threats, hate content, sexual exploitation material, or content promoting violence or illegal conduct;
    • impersonate a person or entity, misrepresent affiliation, conceal sender identity, manipulate caller identification, or use deceptive domains, accounts, reviews, testimonials, or engagement;
    • access or test systems without authorization; bypass authentication, rate limits, approvals, safety controls, or usage restrictions; or interfere with the Services or another user;
    • probe, scan, scrape, crawl, harvest, or systematically download the Services or data except through authorized interfaces and at reasonable rates;
    • reverse engineer, decompile, disassemble, copy, frame, mirror, resell, sublicense, or create a competing service from the Services, except to the limited extent a restriction is prohibited by law;
    • use the Services, outputs, or nonpublic materials to train, fine-tune, benchmark, or improve a competing commercial AI model or service without our written permission;
    • upload malicious code, overload infrastructure, abuse trials or credits, evade charges, create fraudulent accounts, or use the Services for cryptocurrency mining or denial-of-service activity;
    • collect, infer, or exploit sensitive information unlawfully, make prohibited automated decisions, or conduct surveillance or profiling that violates a person’s rights; or
    • use the Services in weapons, emergency dispatch, life-support, autonomous transportation, or other high-risk environments where failure could reasonably cause death, bodily injury, or severe property or environmental harm.

    We may investigate suspected violations and cooperate with lawful requests. We may preserve relevant evidence and restrict access while an investigation is pending. Our failure to act on one violation does not waive our right to act on another.

    18. Confidentiality

    “Confidential Information” means nonpublic information disclosed by one party to the other that is marked confidential or reasonably should be understood as confidential, including business plans, pricing, credentials, security information, Customer Data, product plans, and nonpublic technology. Confidential Information does not include information the receiving party can document was lawfully known without restriction, becomes public without breach, is received lawfully from another source without duty, or is independently developed without use of the disclosing party’s information.

    The receiving party will use Confidential Information only to perform or exercise rights under the Agreement, protect it using reasonable care, and disclose it only to personnel, advisers, and service providers who need it and are bound by confidentiality obligations. A party may disclose Confidential Information when required by law if it gives advance notice when legally permitted and reasonably assists with protective measures.

    Each party acknowledges that unauthorized disclosure may cause irreparable harm for which money damages are inadequate, so the disclosing party may seek injunctive relief in addition to other remedies. These obligations continue for three years after disclosure, except that trade secrets and personal information remain protected for as long as applicable law or their nature requires.

    19. Privacy, Security, and Data Processing

    Our Privacy Policy at https://www.webelevated.com/privacy explains how we handle personal information. When we process Customer Data as your service provider or processor, you are generally the business or controller and determine the purposes and means of processing. You are responsible for providing legally required notices, responding to individuals, and establishing a lawful basis for processing.

    We maintain safeguards designed to protect the Services, but no method of transmission, storage, or authentication is completely secure. You are responsible for using available security features, strong unique credentials, appropriate permissions, secure devices, and supported configurations. You will not make public statements attributing a security incident to us without a reasonable factual basis and prior notice when legally permitted.

    If the parties sign a data-processing addendum or business associate agreement, that document controls for the data and obligations it covers. Data location, retention, deletion, export, and assistance depend on the applicable Service, plan, legal obligations, backups, and third-party systems.

    20. Beta, Preview, and Pilot Services

    We may offer alpha, beta, preview, pilot, early-access, evaluation, or experimental features (“Preview Services”). Preview Services may be incomplete, changed frequently, subject to additional limits, or discontinued without notice. They may not have the support, security review, availability, retention, compatibility, or reliability of generally available Services.

    Unless an Order expressly states otherwise, Preview Services are provided for evaluation, may not be used for production-critical or regulated activities, and are provided without service levels, warranties, or indemnities. Data may be reset or lost. You assume the risks of using Preview Services and will provide reasonable feedback when requested.

    21. Availability, Support, and Changes

    We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation unless a signed service-level agreement expressly says otherwise. Maintenance, updates, internet conditions, attacks, emergencies, third-party failures, carrier events, force majeure, and technical problems may affect availability.

    Support channels, response targets, maintenance, revisions, storage, backups, and service levels depend on your plan and Order. A response target is not a resolution guarantee. We may prioritize issues based on severity, security, affected users, reproducibility, and available information.

    We may update the Services, interface, workflows, infrastructure, and technical requirements. We may discontinue a Service or material paid feature on reasonable notice when practicable. We may make immediate changes without notice when needed for security, law, abuse prevention, third-party requirements, or system integrity.

    22. Suspension and Termination

    We may suspend or restrict access immediately if we reasonably believe: you breached the Agreement; payment is overdue; use creates security, legal, reputational, operational, or third-party platform risk; information is fraudulent or materially inaccurate; suspension is required by law; or immediate action is needed to prevent harm. When practical, we will provide notice and an opportunity to cure.

    Either party may terminate an Order for material breach if the breach is not cured within ten days after written notice for a payment breach or thirty days for another curable breach. We may terminate immediately for fraud, unlawful conduct, repeated acceptable-use violations, insolvency, abandonment, threats to personnel or systems, or a breach that cannot reasonably be cured.

    Upon termination, your right to use the affected Services ends. You remain responsible for amounts accrued, committed third-party costs, approved work, and fees that the Agreement makes noncancelable. We may delete or de-identify data after termination in accordance with our retention practices unless law or a signed agreement requires otherwise. You should export needed data before termination; post-termination export or migration assistance may be unavailable or subject to fees.

    Provisions that by their nature should survive will survive, including payment obligations, ownership, licenses intended to continue, confidentiality, disclaimers, limitations of liability, indemnification, dispute terms, and general provisions.

    23. Disclaimers

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, DELIVERABLES, OUTPUTS, PREVIEW SERVICES, CONTENT, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WEBELEVATED DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

    WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE, OR FREE OF HARMFUL COMPONENTS; THAT DATA WILL NEVER BE LOST; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY WEBSITE, CAMPAIGN, CONTENT, AI OUTPUT, COMMUNICATION, RECOMMENDATION, OR BUSINESS STRATEGY WILL ACHIEVE A PARTICULAR RESULT. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOUR NEEDS AND FOR MAINTAINING APPROPRIATE BACKUPS, HUMAN REVIEW, PROFESSIONAL ADVICE, AND BUSINESS CONTINUITY.

    Some jurisdictions do not allow certain warranty exclusions. In that case, exclusions apply only to the maximum extent permitted by law, and any legally required warranty is limited to the shortest period permitted.

    24. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBELEVATED, CACELE DIGITAL LLC, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, OR REPUTATION; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; COST OF REPLACEMENT SERVICES; OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE FEES YOU PAID TO WEBELEVATED FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. THE LIMIT APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND THEORIES OF LIABILITY.

    The limitations apply regardless of whether a claim is based in contract, tort, negligence, strict liability, statute, or another theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited. The parties agree that fees reflect this allocation of risk and that we would not provide the Services on the same terms without these limitations.

    25. Indemnification

    You will defend, indemnify, and hold harmless WebElevated, Cacele Digital LLC, and their owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, demands, investigations, proceedings, damages, judgments, settlements, penalties, fines, losses, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:

    • Client Content, Customer Data, your products, services, offers, instructions, business practices, or customer relationships;
    • your or your authorized users’ access to or use of the Services;
    • your breach of the Agreement, violation of law, or infringement or misappropriation of another person’s rights;
    • calls, messages, recordings, advertising, campaigns, targeting, claims, testimonials, promotions, or communications made for you;
    • your failure to obtain required rights, permissions, notices, consents, licenses, or professional review; or
    • a dispute between you and your customer, employee, contractor, account user, agency, platform, regulator, or other third party.

    We will provide reasonably prompt notice of a covered claim and may control the defense with counsel of our choosing. You will cooperate at your expense. You may not settle a claim in a way that admits fault by, imposes obligations on, or fails to fully release an indemnified party without our written consent. We may participate with separate counsel at our expense.

    26. Dispute Resolution and Arbitration

    PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES JURY TRIALS AND CLASS ACTIONS TO THE EXTENT PERMITTED BY LAW.

    Before filing a claim, the complaining party must send a written notice describing the dispute, supporting facts, requested relief, and contact information. Send notices to us through the WebElevated Portal with the title “Legal Dispute Notice,” or, if Portal access is unavailable, through https://www.webelevated.com/contact with that title. The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt.

    Except for disputes eligible for small-claims court and requests for temporary or preliminary injunctive relief involving intellectual property, confidentiality, security, or unauthorized access, any dispute arising out of or relating to the Agreement or Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules or Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration provision.

    Arbitration will take place remotely unless the arbitrator determines an in-person hearing is necessary. Any in-person hearing will occur in St. Johns County, Florida, unless consumer law requires another location. The arbitrator may award any individual remedy available in court but may not consolidate claims or preside over a class, collective, consolidated, or representative proceeding. Judgment on the award may be entered in any court with jurisdiction.

    YOU AND WEBELEVATED WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. Claims must be brought only in an individual capacity. If the class-action waiver is found unenforceable for a particular claim or remedy, that claim or remedy will be decided by a court after all arbitrable matters are completed.

    You may opt out of arbitration by sending a notice titled “Arbitration Opt-Out” through the Portal or https://www.webelevated.com/contact within thirty days after you first accept these Terms. The notice must identify the account and state that you opt out of arbitration. Opting out does not affect other provisions or your access to the Services.

    27. Governing Law and Venue

    The Agreement is governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    For a dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in St. Johns County, Florida, or the United States federal court with jurisdiction over St. Johns County. Each party waives objections based on personal jurisdiction, venue, or inconvenient forum, except where applicable consumer law prohibits the waiver.

    28. Changes to These Terms

    We may update these Terms by posting a revised version at this URL. A revised version applies prospectively when posted unless a later date is stated. If a change materially affects an existing paid subscription, we will provide additional notice when required by law. Continued use after revised Terms take effect means you accept them.

    Changes to dispute-resolution terms will not apply retroactively to a dispute for which the parties had actual written notice before the change. No employee or contractor may modify these Terms orally.

    29. General Provisions

    Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, epidemic, war, terrorism, civil unrest, labor disruption, utility or internet failure, carrier or cloud outage, cyberattack, government action, platform change, or shortage, except that this provision does not excuse payment obligations.

    You may not assign or transfer the Agreement, an account, or rights under it without our written consent. We may assign the Agreement to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or change of control. Any prohibited assignment is void.

    The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship. Neither party may bind the other except as expressly authorized.

    Notices to you may be delivered through the Portal, the Services, the email address associated with your account, or another reasonable electronic method. Notices to us must be sent through the Portal or the contact method specifically identified in these Terms. Electronic records, approvals, notices, and signatures have the same effect as paper originals to the extent permitted by law.

    If a provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect. A waiver must be in writing and applies only to the specific instance. Section headings are for convenience. “Including” means “including without limitation.” The English version controls if a translation conflicts, to the extent permitted by law.

    The Agreement is the entire agreement about its subject and supersedes prior or contemporaneous proposals, representations, and understandings about that subject. It does not supersede obligations expressly preserved in another signed agreement.

    30. Contacting WebElevated About These Terms

    WebElevated is a DBA of Cacele Digital LLC.

    Authenticated users should submit questions or notices through the WebElevated Portal. Other individuals may use https://www.webelevated.com/contact and begin the message with “Terms Question.” These methods allow us to route and verify communications without publishing a personal residential address, individual telephone number, or individual email address.