1. Definitions
In these Terms of Service, the following definitions apply:
"Account" means collectively the business information, login credentials, and any access details used by a client or user to communicate with Eleviam or access any client-related systems or services.
"Content" means any text, graphics, images, videos, documents, data, software, or other information appearing on or forming part of the Website.
"Services" means the professional services provided by Eleviam, including but not limited to Amazon marketplace strategy, listing optimization, advertising management, creative services, and operational consulting.
"User" means any individual or business entity accessing the Website who is not an employee or contractor of Eleviam acting in the course of their duties.
"Website" means the Eleviam website (eleviam.io) and any related subdomains.
"We," "Us," "Our" means Eleviam, an Amazon services agency operating in the United States.
2. Acceptance of Terms
By accessing or using the Eleviam website or engaging with our Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Website or Services.
3. About Eleviam
Eleviam is an Amazon services agency that supports brands with marketplace strategy, listing optimization, advertising management, creative services, and operational guidance. We do not operate an online store or sell products directly through this Website. Engagement of our Services is governed by separate written agreements.
4. Eligibility
Our Services are intended for business use. Users must be at least 18 years of age or have proper authorization from a parent, guardian, or legal representative. By using this Website or engaging our Services, you confirm that you have the legal authority to enter into binding agreements on behalf of yourself or your business.
5. Use of Website
You may use this Website for lawful purposes only. You agree not to: use the Website in any way that violates applicable laws or regulations; attempt to gain unauthorized access to any part of the Website or its systems; interfere with or disrupt the Website's functionality; or use automated systems to access the Website without our permission.
6. Intellectual Property
All Content on this Website, including text, logos, designs, graphics, and materials, is owned by Eleviam or its licensors and is protected by copyright and other intellectual property laws. You may not copy, reproduce, or distribute any Content without prior written permission.
Any materials created during service delivery remain the property of Eleviam unless otherwise specified in a written agreement.
7. Services and Limitations
Eleviam provides professional services intended to improve brand presence and performance on Amazon. Results may vary based on factors outside our control, including marketplace policy changes, competition, account health, inventory availability, and market conditions. We do not guarantee specific sales results, rankings, or revenue outcomes.
8. Fees and Payment
Service fees, payment schedules, and scopes of work are defined in individual service agreements or proposals. Fees must be paid according to the agreed terms. Unpaid balances may result in suspension of Services.
9. Client Responsibilities
You are responsible for ensuring that all products, brand assets, and information provided to Eleviam are accurate, lawful, and compliant with Amazon policies and applicable regulations. You agree to respond promptly to requests necessary for service execution.
10. No Professional Advice
The information on this Website is for general informational purposes only. Nothing on this Website constitutes legal, financial, tax, accounting, or professional advice. You should consult appropriate professionals before making business decisions.
11. Third-Party Links
This Website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Inclusion of any link does not imply endorsement.
12. Disclaimer of Warranties
THIS WEBSITE AND OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVIAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THIS WEBSITE OR OUR SERVICES.
We are not responsible for actions taken by Amazon or other third-party platforms, including listing removals, account suspensions, or policy enforcement.
14. Termination
Either party may terminate Services in accordance with the terms outlined in the applicable service agreement. Upon termination, outstanding fees remain due and payable.
15. SMS / Text Messaging
By submitting a phone number through any Eleviam form (including the AI Creative Strategist form), you provide express written consent for Eleviam to send you SMS messages related to the audit or service you requested, plus occasional follow-up communications. Message frequency varies by service; standard message and data rates from your carrier may apply. You may revoke consent at any time by replying STOP, UNSUBSCRIBE, END, QUIT, or CANCEL to any message. Reply HELP for assistance, or email tom@eleviam.io. Mobile information collected through SMS opt-in is not shared with third parties or affiliates for marketing purposes. See our Privacy Policy for full details.
16. Email Marketing
By submitting your email through any Eleviam form, you consent to receive transactional emails (such as audit confirmations and delivery notifications) and limited marketing or follow-up emails. Every commercial email includes an unsubscribe link, which removes you from future marketing communications within ten business days as required by the CAN-SPAM Act. Transactional emails directly tied to a service you specifically requested may continue until that service is delivered.
Our application and lead magnet forms also offer a subscription to the weekly Eleviam newsletter through a checkbox. It is selected by default, except for visitors whose browser time zone is in Europe, where it starts cleared. If the checkbox is cleared when you submit, you are not subscribed; if it is selected, you are. The newsletter signup boxes on our homepage, blog and resources pages offer only the newsletter, so submitting your email there is the subscription. Every issue carries a one-click unsubscribe link. See Section 6.2 of our Privacy Policy for full details, including how we handle a previous unsubscribe.
17. Privacy
Your use of this Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using this Website, you consent to our data practices as described in the Privacy Policy.
18. Changes to Terms
We may update these Terms of Service at any time. Changes will be posted on this page with an updated revision date. Your continued use of the Website or Services after changes are posted constitutes acceptance of the revised Terms.
19. Governing Law
These Terms of Service are governed by the laws of the State of Vermont, United States, without regard to conflict of law principles.
20. Contact
Questions about these Terms of Service may be directed to Eleviam, Inc., 312 Pinecrest Rd, Hinesburg, VT 05461, or by email to clients@eleviam.io.