Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Elevion Global LLC, a limited liability company registered in the United States ("Company," "we," "us," or "our"). These Terms govern your access to and use of all products, platforms, websites, and services operated under the Elevion Global brand.

By creating an account, clicking "I agree," or otherwise accessing or using our services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

02 Description of Services

Elevion Global LLC operates the following SaaS platforms:

• Targetive (targetive.io): A cloud-based email marketing automation platform offering campaign management, audience segmentation, behavioral automation workflows, and analytics.
• InboxScope (inboxscope.io): An email deliverability intelligence platform offering inbox placement testing, sender reputation monitoring, blacklist detection, DNS health auditing, and remediation guidance.

We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice to active subscribers. We will not be liable to you for any modification, suspension, or discontinuation of services.

03 Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be a citizen of, or located in, any country subject to comprehensive US sanctions (including but not limited to North Korea, Iran, Cuba, Syria, and the Crimea, Donetsk, or Luhansk regions of Ukraine).

If you are accessing the services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

04 Account Registration & Security

To access our platforms, you must register for an account and provide accurate, complete, and current information. You agree to:

• Maintain the accuracy of your account information and promptly update it as necessary
• Maintain the confidentiality of your account credentials and not share your password with any third party
• Be solely responsible for all activity that occurs under your account
• Notify us immediately at [email protected] of any unauthorized use of your account or suspected security breach

We reserve the right to suspend or terminate accounts that we believe have been compromised or are being misused.

05 Subscription & Billing

Our services are offered on a subscription basis. The following billing terms apply:

• Subscription Plans: Available on monthly or annual billing cycles as listed on each product's pricing page at the time of purchase.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Price Changes: We will provide at least 30 days' notice before any price changes take effect on existing subscriptions.
• Payment: All fees are charged in US dollars (USD) and are due at the beginning of each billing period.
• Failed Payments: If a payment fails, we will attempt to retry the charge. Accounts with persistent failed payments may be suspended after reasonable notice.
• Chargebacks & Payment Disputes:If you initiate a chargeback or payment dispute through your bank or credit card provider without first contacting our support team, we reserve the right to immediately and permanently suspend your account and all associated data. You will remain responsible for any fees associated with the dispute.

06 Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not use our platforms to:

• Send unsolicited bulk email ("spam") or messages to recipients who have not consented to receive them
• Violate CAN-SPAM, GDPR, CASL, or any other applicable anti-spam or data privacy legislation
• Distribute malware, viruses, ransomware, or any malicious code
• Conduct phishing, fraud, identity theft, or impersonate any person or entity
• Harvest, scrape, or collect personal information from third parties without consent
• Infringe upon the intellectual property rights of any third party
• Engage in any activity that violates applicable federal, state, or international laws
• Attempt to gain unauthorized access to our systems, infrastructure, or other users' accounts
• Use our services in a manner that could damage, disable, overburden, or impair our infrastructure
• You may not use our services to promote or distribute content related to illegal substances, pharmaceutical sales, high-interest 'payday' loans, multi-level marketing (MLM), gambling, or adult-oriented content.

07 Intellectual Property

All content, features, functionality, software code, trademarks, logos, and other materials on our platforms ("Company IP") are the exclusive property of Elevion Global LLC or its licensors and are protected by US and international intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our platforms for your internal business purposes during your subscription term.

You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works of any Company IP without our express written permission.

08 User Content & Data

You retain full ownership of all data, content, and contact lists you upload, submit, or transmit through our services ("User Content"). By using our platforms, you grant Elevion Global LLC a limited, worldwide, royalty-free license to host, process, and transmit your User Content solely for the purpose of providing the services to you.

• You are solely responsible for ensuring your User Content and its use comply with applicable laws, including privacy and anti-spam regulations.
• You represent and warrant that you have all necessary rights, consents, and permissions to use and share all User Content you upload.
• We do not claim ownership of your data and will not use it for any purpose beyond service delivery.
• Upon account closure, you may export your data within 30 days. After that period, we may permanently delete your User Content.

09 Confidentiality

Both parties agree to maintain the confidentiality of any non-public information disclosed in connection with the services ("Confidential Information"). Each party agrees to:

• Use Confidential Information only for the purposes set forth in these Terms
• Not disclose Confidential Information to any third party without prior written consent
• Protect Confidential Information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care

These obligations do not apply to information that is publicly known, independently developed, or required to be disclosed by law or court order.

10 Disclaimers

Our services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Elevion Global LLC expressly disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the services will be uninterrupted, error-free, or completely secure
• Any warranty regarding the accuracy or reliability of any results obtained from the services

We do not guarantee specific deliverability rates, open rates, inbox placement percentages, or any particular business outcomes from use of our platforms.

11 Limitation of Liability

To the maximum extent permitted by applicable law, Elevion Global LLC, its officers, directors, employees, agents, subsidiaries, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Damages arising from unauthorized access to or alteration of your data
• Any matter beyond our reasonable control

12 Indemnification

You agree to indemnify, defend, and hold harmless Elevion Global LLC and its subsidiaries, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to our services
• Your violation of these Terms or any applicable law or regulation
• Your User Content or any claim that your User Content infringes the rights of a third party
• Your violation of any third party's rights, including privacy rights

13 Termination

Either party may terminate the service agreement at any time:

• By You: You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period.
• By Us: We may suspend or terminate your account immediately and without notice if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or our infrastructure.
• Effect of Termination: Upon termination, your right to access and use the services will immediately cease. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) shall continue to apply.

14 Governing Law

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

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of such courts.

15 Dispute Resolution

Before initiating formal legal proceedings, both parties agree to attempt good-faith resolution through the following process:

• Notice: The disputing party must provide written notice describing the dispute and desired resolution to [email protected].
• Negotiation Period: Both parties will attempt to resolve the dispute through informal negotiation for 30 days following receipt of the notice.
• Arbitration: If informal resolution fails, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
• Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

16 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify active subscribers via email at least 14 days before changes take effect
• Post a notice on our websites

Your continued use of our services after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must stop using our services and cancel your subscription.

17 Contact Information

For questions, legal notices, or concerns regarding these Terms of Service, please contact Elevion Global LLC through the following channels:

• Email: [email protected]
• Legal Entity: Elevion Global LLC
• Mailing Address: 30 N Gould St #58133, Sheridan, WY, 82801, USA

For legal notices, please include "Legal Notice – Terms of Service" in the subject line. We aim to acknowledge all formal legal correspondence within 5 business days.