Terms of Service

Effective date: August 13, 2026 · Last updated: August 13, 2026

These Terms of Service (the “Terms”) are a binding agreement between you and [COMPANY LEGAL NAME — e.g. Elmer LLC], a Florida company (“Elmer,” “we,” “us,” or “our”), and govern your use of the Elmer application, website, and related services (together, the “Service”). By creating an account, signing in, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

This page is the deal between us. The short version: your data is yours, you pay for the plan you picked until you cancel (cancelling takes one click), the AI assistant is a helper and not a source of professional advice, and if we ever have a dispute we resolve it one-on-one through arbitration in Miami. These plain-English notes are summaries for convenience only — the full text is what counts.

1. Who may use the Service

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a company, you represent that you have authority to bind that company, and “you” means both you and that company. The Service is a business tool and is not intended for personal, family, or household use.

2. Your account

You sign in with a link we email you, with Google sign-in, or with either of those plus a one-time code if you enable two-factor authentication. You are responsible for maintaining control of the email account and devices you use to sign in, and for everything done under your account. Tell us promptly at priv8development@gmail.com if you believe your account has been accessed without permission. We strongly recommend enabling two-factor authentication in Settings → Account & security.

3. Plans, free trial, and automatic renewal

Your subscription renews by itself until you cancel. We show you the full price and get your express consent before any charge is set up, we email you a reminder before renewals, and cancelling is one click — no phone calls, no retention maze.

The Service is offered on the paid plans, prices, and billing intervals shown at checkout and in Settings → Billing. Unless we say otherwise in writing:

• Free trial. New accounts receive a free trial of the length stated at sign-up. We may ask for a payment method when the trial starts. If we do, the checkout screen states — before you consent — that your free trial becomes a paid subscription automatically, the exact date the first charge will occur, and the exact amount. If you cancel before the trial ends, you pay nothing.
• Automatic renewal. Paid subscriptions renew automatically at the end of each billing period (monthly or annual, whichever you chose) at the then-current price, and your saved payment method is charged, until you cancel. Your consent to these renewal terms is captured at checkout — with the full disclosure on screen — before any subscription is created, and we keep a timestamped record of it.
• Renewal reminders. We email you in advance of upcoming charges, including before a trial converts to a paid subscription and before renewals, as required by applicable automatic-renewal laws.
• Cancellation. You can cancel at any time in Settings → Billing, or by using the one-click cancellation link included in our billing emails. Cancellation takes effect at the end of the current billing period; you keep access until then. We do not charge cancellation fees.
• Refunds. Except where the law requires otherwise, fees are non-refundable and we do not give credits for partial billing periods.
• Price changes. We may change prices with at least 30 days’ notice by email. Changes apply from your next renewal, so you can cancel before a new price takes effect.
• Taxes. Prices exclude taxes. You are responsible for any sales, use, or similar taxes, which we collect where required.
• Payment processing. Payments are processed by Stripe. Your card details go directly to Stripe and never touch our servers.

4. Elmer, the AI assistant

Elmer is a very capable helper that reads your board and drafts suggestions. He can be wrong. Check anything important, and don’t treat his output as legal, financial, or other professional advice.

The Service includes an AI assistant (“Elmer”) that processes the data in your workspace to answer questions, suggest follow-ups, run meeting reviews, and make changes you confirm. AI-generated content can be inaccurate, incomplete, or outdated. Elmer’s output is provided for convenience only, is not professional advice, and must be independently verified before you rely on it. You, not Elmer, are responsible for decisions you make and communications you send based on Elmer’s output. AI features are subject to fair-use limits stated on your plan; we may throttle usage that exceeds them.

5. Your data

Your customer list is yours, full stop. You can export everything as a spreadsheet any time. We only use your data to run the Service for you.

• Ownership. As between you and Elmer, you own all data you or your team put into the Service — customers, contacts, notes, tasks, attachments, and imported files (“Customer Data”).
• Our license. You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and support the Service, as described in the Privacy Policy. We do not sell Customer Data and we do not use it for advertising.
• Export. Account owners can export all Customer Data as a CSV file from Settings at any time.
• Your responsibilities. You are responsible for having the right to put Customer Data into the Service (including your contacts’ information) and for complying with laws that apply to your use of it — including telemarketing, text-message, and email laws when you contact the people in your CRM.

6. Team accounts

A company account has an owner (the administrator) and may have member accounts (reps). The owner controls the organization: inviting and removing members, reassigning leads, and viewing the organization’s data. Members can see only their own book of business. Personal tasks a member marks private are not visible to the owner. If you are invited into an organization, your use of the Service inside it is also subject to that organization’s policies, and its owner controls the data in that workspace.

7. Email sync and text messages

• Email sync is optional and off by default. If you connect a mailbox, we read message metadata only — sender, recipient, and date; never message bodies or subject lines — to keep your follow-up dates honest. You can disconnect at any time in Settings. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements.
• Text messages are optional and off by default. If you enter your mobile number and turn on SMS nudges, you consent to receive automated reminder texts from the Service at that number. Message and data rates may apply. Turn them off any time in Settings → Notifications.

8. Acceptable use

You agree not to:

• break the law, or use the Service to send spam or unlawful communications;
• upload malware or content you have no right to use;
• probe, breach, or test the security of the Service, or access another customer’s data;
• reverse engineer the Service except where the law gives you that right;
• resell, sublicense, or provide the Service to third parties as your own offering;
• use the Service to build a competing product, or scrape it with automated tools;
• circumvent usage limits, or share one seat among multiple people.

We may suspend or terminate accounts that violate this section.

9. Our intellectual property

The Service — its software, design, and branding — belongs to Elmer and its licensors. These Terms give you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. No other rights are granted. Feedback you send us may be used without obligation to you.

10. Third-party services

The Service interoperates with third-party services you choose to connect (for example Google sign-in, Gmail, and Stripe checkout). Those services are governed by their own terms, and we are not responsible for them.

11. Term, suspension, and termination

These Terms apply while you use the Service. You may stop at any time by cancelling and ceasing use. We may suspend or terminate your access for material breach of these Terms, for non-payment, or if required by law; where practical we will notify you first. Upon termination you should export your data; we may delete Customer Data after a reasonable wind-down period, except records we are required or permitted to retain (such as billing consent records). Sections 4, 5 (license ends; ownership survives), 9, and 12–17 survive termination.

12. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Elmer disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI output will be accurate. You use the Service at your own risk.

13. Limitation of liability

If something goes wrong and it’s legally our fault, the most we owe you is what you paid us in the previous 12 months.

To the maximum extent permitted by law: (a) Elmer will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility; and (b) Elmer’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees you actually paid to Elmer for the Service in the twelve (12) months immediately before the event giving rise to the claim. If you paid nothing (for example, during a free trial), our total liability will not exceed one hundred U.S. dollars (US$100). These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You will defend and indemnify Elmer against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your violation of law (including communications you send to your own contacts), and you will pay resulting damages, settlements, and reasonable attorneys’ fees.

15. Dispute resolution — binding arbitration and class-action waiver

Before anything formal, email us — most problems get fixed that way. If we truly can’t agree, we each take the dispute to an individual arbitrator in Miami instead of court, and neither of us brings class actions. You can opt out of arbitration within 30 days of accepting these Terms.

Please read this section carefully. It requires disputes to be resolved by individual binding arbitration and waives jury trials and class actions.

• Talk first. Before starting arbitration, the complaining party must send the other a written description of the dispute (priv8development@gmail.com for us) and give 30 days to resolve it informally.
• Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where they apply), by a single arbitrator. The seat and place of arbitration is Miami-Dade County, Florida; where the rules allow, either party may appear remotely. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court of competent jurisdiction.
• Individual basis only. Disputes will be arbitrated on an individual basis. Neither party may participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court in Miami-Dade County, Florida.
• Carve-outs. Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
• Opt-out. You may opt out of this arbitration agreement by emailing priv8development@gmail.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
• Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it accrues, or it is permanently barred.

16. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and both parties consent to personal jurisdiction there.

17. Changes to these Terms; general

• Changes. We may update these Terms. For material changes we will give at least 30 days’ notice by email or in-app notice; continued use after the effective date constitutes acceptance. Material changes to the arbitration section do not apply to disputes that arose before the change.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement about the Service and supersede prior agreements.
• Severability; waiver. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Notices. We may notify you at your account email. Notices to us go to priv8development@gmail.com.

Contact

[COMPANY LEGAL NAME] · Miami, Florida · priv8development@gmail.com