Last updated: July 30, 2026
Effective Date: July 30, 2026
By accessing or using the Elvix AI Sales Agent platform ("the Service"), operated by Elvix AI, LLC ("Company," "we," "our," or "us"), you ("Customer," "you," or "your") agree to be legally bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity.
If you do not agree to these Terms, you may not access or use the Service.These Terms contain a binding arbitration agreement and class action waiver (Section 16).
Elvix provides a SaaS platform that enables businesses to deploy AI-powered sales agents on their websites, messaging channels (including WhatsApp and Messenger), and through integrated CRM platforms. The AI Sales Agent is designed to engage with website visitors, qualify leads, book meetings, process payments, and perform other sales-related tasks as configured by the Customer.
The Service includes: (a) a web-based dashboard for configuring and monitoring AI agents, (b) a website embeddable chat widget, (c) integration with third-party services (Stripe, HubSpot, Pipedrive, Calendly, WhatsApp, Make.com), and (d) a knowledge base system for training the AI agent on Customer's business data.
3.1 Registration. You must create an account to use the Service. You agree to provide accurate, current, and complete information during the registration process and to update it as necessary.
3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials (username, password, API keys). You are fully responsible for all activities that occur under your account, whether or not you authorised them. You must notify us immediately of any unauthorized access or security breach at [email protected].
3.3 Account Types. We offer free trial accounts and paid subscription accounts. Free trial accounts are subject to usage limits (message quotas, feature restrictions) as specified on our pricing page. We may suspend free trial accounts that exceed reasonable usage limits.
4.1 Pricing. Fees for paid plans are as stated on our pricing page at elvix.ai. All fees are in US Dollars and are exclusive of applicable taxes.
4.2 Billing Cycle. Paid plans are billed monthly in advance on the date of subscription activation ("Billing Date"). We use Stripe as our third-party payment processor. Your payment information is handled by Stripe in accordance with its Privacy Policy; we do not store full payment card numbers.
4.3 Automatic Renewal. Subscriptions automatically renew each billing cycle unless cancelled before the renewal date. You authorise us (or Stripe) to charge the payment method on file for all applicable fees.
4.4 Upgrades & Downgrades. You may upgrade your plan at any time; the upgrade takes effect immediately and you will be prorated for the remainder of the billing cycle. Downgrades take effect at the end of the current billing cycle.
4.5 Cancellation. You may cancel your subscription at any time from your dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. No partial refunds for unused periods will be provided, except as required by applicable law.
4.6 Refund Policy. We offer a 14-day money-back guarantee for new paid subscriptions. If you are not satisfied within the first 14 days of your paid subscription, contact us at[email protected] for a full refund. After 14 days, all fees are non-refundable.
4.7 Late Payment. If payment is not received by the due date, we may suspend or terminate access to the Service after a 5-day grace period. We will provide notice before suspension.
4.8 Taxes. You are responsible for all applicable taxes (sales, use, VAT, GST, etc.) associated with your use of the Service. If we are required to collect taxes, they will be added to your invoice.
5.1 We offer a 14-day free trial for eligible new customers. The trial begins on the date of account creation and grants access to the Service with specified usage limits (e.g., message quotas, feature set).
5.2 No credit card is required to start the free trial. At the end of the trial period, your account will be automatically downgraded to a restricted access state unless you subscribe to a paid plan.
5.3 We reserve the right to limit or deny free trial access to users who have previously used a trial or who we reasonably suspect of abusing the trial system.
You agree not to, and not to permit others to:
Violation of this Section may result in immediate suspension or termination of your account without notice.
7.1 Your Data. You retain all right, title, and interest in and to the data, content, documents, materials, and information you upload, submit, or input into the Service ("Customer Data"). We do not claim ownership of your Customer Data.
7.2 License to Provide the Service. You grant us a non-exclusive, worldwide, royalty-free license to access, use, reproduce, and process your Customer Data solely to provide, maintain, and improve the Service to you. This license terminates within 90 days of account termination.
7.3 Aggregated Anonymized Data. We may use aggregated, de-identified data derived from your use of the Service for analytics, benchmarking, and Service improvement. This data cannot be used to identify you or your end users.
7.4 Elvix IP. The Service, including its software, algorithms, AI models, branding, design, documentation, and any improvements or derivatives ("Elvix IP"), is owned by Elvix and is protected by US and international intellectual property laws. These Terms do not grant you any ownership interest in Elvix IP.
7.5 Feedback. If you provide suggestions, feature requests, or other feedback, we may use it without obligation or compensation to you.
8.1 The Service integrates with third-party platforms (Stripe, HubSpot, Pipedrive, WhatsApp, Calendly, Make.com, etc.). Your use of these third-party services is subject to their respective terms and privacy policies.
8.2 We do not control and are not responsible for the availability, reliability, or security of third-party services. We make no warranties regarding third-party services and disclaim all liability arising from your use of them.
8.3 You authorise us to share necessary data (e.g., lead information, conversation logs) with third-party services you connect, as described in our Privacy Policy.
9.1 AI Is Not Human. The AI Sales Agent is an automated software tool powered by artificial intelligence. It is not a human sales representative. You must clearly disclose to your end users that they are interacting with an AI agent.
9.2 No Guarantee of Accuracy. AI-generated responses may contain errors, omissions, inaccuracies, or inappropriate content. We do not guarantee that the AI Sales Agent's outputs are accurate, complete, reliable, or suitable for your specific business needs.
9.3 Customer Responsibility. You are solely responsible for:
9.4 No Professional Advice. The AI Sales Agent is not a substitute for professional legal, financial, medical, or other qualified advice. You must not use the Service to provide such advice.
9.5 Service Levels. We strive for 99.5% uptime but do not guarantee uninterrupted or error-free operation. Planned maintenance will be communicated in advance via email or platform notice.
Both parties agree to maintain the confidentiality of any non-public information disclosed in connection with the Service ("Confidential Information"). Confidential Information includes account credentials, business data, pricing terms (for Enterprise customers), and any information marked as confidential. Neither party will disclose Confidential Information to third parties without the other's consent, except as required by law or to perform obligations under these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
11.2 Limitation of Damages. IN NO EVENT SHALL ELVIX'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL FEES PAID BY YOU TO ELVIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 Excluded Damages. IN NO EVENT SHALL ELVIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
11.4 Exceptions. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) willful misconduct or gross negligence; or (d) any liability that cannot be excluded or limited by law.
You agree to indemnify, defend, and hold harmless Elvix, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
13.1 Termination by You. You may terminate your account at any time via your dashboard or by contacting us. Termination takes effect immediately for free accounts and at the end of the current billing cycle for paid accounts.
13.2 Termination by Us. We may suspend or terminate your access to the Service at any time, with or without notice, for violation of these Terms, illegal activity, or if your use of the Service poses a security risk or liability to us or other customers.
13.3 Effect of Termination. Upon termination:
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that material available through the Service infringes your copyright, please notify our Designated Agent at:
Email: [email protected]
Address: Elvix AI, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States
Your notice must include: (a) an electronic or physical signature of the copyright owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the infringing material and its location; (d) your contact information; (e) a statement of good faith belief that the use is not authorised; and (f) a statement under penalty of perjury that the information in the notice is accurate.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal Resolution First. Before initiating any proceeding, you agree to first contact us at [email protected] to resolve the dispute informally. Both parties will negotiate in good faith for 30 days.
16.2 Binding Arbitration. If the dispute is not resolved informally, it shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.3 Class Action Waiver. YOU AND ELVIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate claims of more than one person.
16.4 Exception — Small Claims. Either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.
16.5 Exception — IP Claims. Claims for intellectual property infringement (Section 7), confidentiality breaches (Section 10), or violations of the Acceptable Use policy (Section 6) may be brought in any court of competent jurisdiction without first arbitrating.
We may modify these Terms from time to time. Material changes will be communicated via email to the primary email address on your account or through a prominent notice on the platform at least 30 days before they take effect. Your continued use of the Service after the effective date of the changes constitutes acceptance of the modified Terms. If you do not agree, you may terminate your account before the changes take effect.
18.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elvix regarding the Service and supersede all prior agreements.
18.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
18.3 Waiver. Failure to enforce any provision does not constitute a waiver.
18.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
18.5 Notices. Notices to you will be sent to the email address on your account. Notices to us should be sent to [email protected]or to our registered address.
18.6 Force Majeure. Neither party shall be liable for delays or failures caused by events beyond its reasonable control, including acts of God, war, terrorism, strikes, internet outages, or governmental actions.
18.7 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
For questions about these Terms, please contact:
Elvix
Email: [email protected]
Address: 131 Continental Dr, Suite 305, Newark, DE 19713, United States
Elvix AI, LLC is a Delaware limited liability company. Our registered agent for service of process is: Corporation Service Company, 131 Continental Dr, Suite 305, Newark, DE 19713, United States.