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Terms of Use

Read these Terms carefully, as they constitute a binding contract between the parties and contain important information about your rights, dispute resolution, and legal obligations.

Elevify’s mission is that no problem should remain unsolved for lack of knowledge and support. Anyone, anywhere, can enroll in educational content to learn (learners) or use our models and templates to solve their problems. We need rules to ensure the safety of the platform and services for the user, for our company, and for our community of learners and instructors. These Terms apply to all user activities on Elevify’s website, on Elevify mobile apps, in APIs, and in other related services (Services).

We also provide details about the processing of our learners’ personal data in our Privacy Policy. Our websites and apps send communications about your activities in browsers and apps, and about app usage, to third parties that provide services to Elevify. By using our Services, you consent to these communications.

Elevify is the trade name of three companies that operate within a holding structure, headquartered in the Cayman Islands, the United States, and Brazil:

  • Gradua Holdings Limited. P.O. Box 10008, Willow House, Cricket Square, Grand Cayman, KYI-1001,
  • Gradua Intermediate Holdings LLC. 7925 Northwest 12th Street, STE 109, Doral, FL 33126. USA
  • Gradua Ltda. CNPJ: 52.568.927/0001-26 - Address: Rua Cardeal Arcoverde, 2365, Cj 33. São Paulo - SP. Brazil

Index

1. Accounts

You will need an account for most activities on our platform. Keep your password in a safe place, because you are responsible for all activities relating to your account. If you suspect that someone is using your account, contact our Support Team. You must have reached the age of consent to use Elevify’s online services in your country. You will need an account for most activities on our platform, including buying and accessing content or submitting content to be published. When creating and maintaining your account, you must provide, and continue to provide, complete and accurate information, including a valid email address. You are fully responsible for your account and for everything that happens with it, including any damage or loss caused (to us or to anyone else) by someone using your account without authorization. This means you must take care with your password. You may not transfer your account to another person, nor use anyone else’s account. If you contact us to request access to an account, we will grant access only if you can provide the necessary information to prove that you are the account owner. In the event of a user’s death, the respective account will be closed.

You are not authorized to share your login credentials with anyone else. What happens with the account is the user’s responsibility, and Elevify will not intervene in disputes between learners or instructors who have shared login credentials. You must notify us immediately if you become aware that someone else is using your account without your permission (or if you suspect any other security breach) by contacting our Support Team. You may be required to provide certain information so that we can confirm that you are indeed the account owner.

Learners must be at least 18 years old to create an account on Elevify and use the Services. If you are not yet 18 years old but have reached the minimum age for consent to use online services in the country where you live (for example, 13 in the U.S. or 16 in Brazil), you may not create an account, but we suggest asking your parent or legal guardian to open an account and help you access appropriate content. If you have not yet reached the age of consent for using online services, you may not create an Elevify account. If we discover that you created an account in violation of these rules, we will close that account. See our Privacy Policy to learn what happens when a user closes an account.

2. Content Enrollment and Lifetime Access

When you enroll in a course or other content, you receive a license from Elevify to view it through Elevify’s Services, but not for other purposes. You are prohibited from transferring or reselling content by any means. You receive a lifetime access license, except when content must be disabled for legal or policy reasons or for enrollments made through Subscription Plans. As a learner, when you enroll in a course or other content, whether free or paid, you receive from Elevify a license to view the content via the Elevify platform and Services, with Elevify as the official licensor. The content is licensed, not sold to you. The license does not grant you any right to resell the content by any means (including by sharing account information with a purchaser or by illegally downloading the content and sharing it on torrent sites).

In legal and broader terms, Elevify grants you (as a learner) a limited, non-exclusive, non-transferable license to access and view the content for which the necessary fees have been paid, solely for personal, non-commercial, educational purposes, through the Services, in accordance with these Terms and any conditions or restrictions associated with specific content or features of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, sublicense, or otherwise transfer or use any content unless you have explicit permission in a written agreement signed by an authorized representative of Elevify. This condition also applies to any content that may be accessed via any of our APIs.

In general, we grant a lifetime access license to learners when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use content at any time if we decide or are required to disable access to the content for legal or policy reasons; for example, if the course or other content in which you enrolled is subject to a copyright complaint. This lifetime access license does not apply to enrollments made through Subscription Plans or to supplementary features and services associated with a course or other content in which you enroll. For example, the instructor may decide at any time to stop providing teaching assistance or Q&A services associated with the content. Note that lifetime access refers to the course content, not to the instructor.

Instructors may not grant content licenses directly to learners. Any direct license will be considered null and void and will constitute a breach of these Terms.

3. Payments, Credits and Refunds

When making a payment, you agree to use a valid payment method. If you are dissatisfied with the content, Elevify offers a refund or credit within the period provided by the local legislation of each country.

3.1 Pricing

From time to time, we run promotions and offers on our content. Some content is offered at a discount for a limited period only. The price applicable to content will be the price at the time you complete the purchase of the content (at checkout). Any price offered for certain content may also be different, when you are logged into your account, from the price available to users who are not registered or not logged in, because some promotions are available only to new users.

If you are logged into your account, the currency listed is based on your location when the account was created. If you are not logged in, the price will be in the currency of the country where you are located. Users will not be able to view prices in other currencies.

For learners located in a country where sales and use taxes, goods and services taxes, or value-added taxes apply to consumer sales, Elevify is responsible for collecting and remitting taxes to the relevant tax authorities. Depending on your location, the price you see may include these taxes or they will be added at checkout.

3.2 Payments

You agree to pay the fees for content you purchase and authorize us to charge your debit or credit card or process other payment methods (such as bank slip, credit card, PIX, or direct debit) for those fees. Elevify works with payment processing partners to provide you with the most convenient payment methods in the country where you reside and to keep payment information secure. We may update your payment methods using information provided by our payment partners. See our Privacy Policy for more details.

By making a purchase, you agree not to use any invalid or unauthorized payment method. If the payment method fails and you nevertheless are able to access the content you are enrolling in, you agree to pay the corresponding fees within 30 (thirty) days from receipt of our notification. We reserve the right to disable access to any content for which payment has not been properly made.

3.3 Refunds and Refund Credits

If purchased content is not what you expected, you are entitled to a refund in accordance with your local legislation, for example:

Brazil — 7-day cooling-off period for purchases made outside a physical store. If a certificate has already been issued, demonstrating substantive consumption of the content, no refund will be provided.

Portugal, France, United Kingdom, Belgium, Italy, Poland, Germany, Austria (European Union) — Right of withdrawal of 14 days. If a certificate has already been issued, demonstrating substantive consumption of the content, no refund will be provided.

If the content cannot be consumed due to lack of conditions, such as platform availability errors, there will always be a right to a refund.

To request a refund, simply contact support through the channels on the website, social media, or the study app. Refunds will be processed within 24 hours.

3.4 Promotional and Gift Codes

Elevify or its partners may offer promotional or gift codes to learners. Some codes may be redeemed as promotional or gift credits applied to the Elevify account, which may later be used to purchase eligible content on our platform, subject to the terms applicable to those codes. Other codes may be redeemed directly for specific content. Promotional or gift credits cannot be used for purchases in our mobile device applications.

These codes and credits, as well as any promotional value related to them, may expire if not used within the period specified in the user’s Elevify account. Promotional or gift codes offered by Elevify cannot be redeemed for cash, unless otherwise specified in the code terms, or as required by applicable law. Promotional or gift codes offered by a partner are subject to that partner’s refund policies. If you have multiple credit balances available for redemption, Elevify may determine which credits will be applied to a purchase.

4. Content and Conduct Rules

You may only use Elevify for lawful purposes. You are responsible for all content you post on our platform. It is your responsibility to ensure that reviews, questions, posts, courses, and other content you share comply with the law and respect the intellectual property rights of others. We may close your account for repeated or serious violations. If you suspect that someone is infringing your copyright on our platform, you must notify us.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and your behavior on our platform must comply with all applicable local or national laws and regulations of the country in which you reside. You are solely responsible for knowing and complying with the laws and regulations that apply to you.

If you are a learner, the Services allow you to ask questions of instructors in courses or other content in which you are enrolled and to post reviews of content. In certain content, the instructor may invite you to submit content as homework or tests. You may not post or submit content that does not belong to you.

Elevify has discretion to enforce these Terms. We may restrict or terminate your permission to use our platform and Services or close your account at any time, with or without notice, for any reason, including a violation of these Terms, failure to pay any fees when due, fraudulent chargeback requests, upon request of law enforcement or government agencies, for long periods of inactivity, for unexpected technical issues or problems, or if we suspect that you are engaged in fraudulent or illegal activities, or for any reason at our sole discretion. After termination, we may delete your account and content and prevent you from accessing and using the platforms and Services again. Your content may still remain available on the platforms even after your account is closed or suspended. You agree that we will have no liability to you or third parties for closing your account, removing your content, or blocking access to our platforms and services.

If a user has posted content that violates your copyrights or trademarks, you should inform us.

5. Elevify’s Rights over User-Posted Content

You retain ownership of the content you post on our platform, including courses. We are allowed to share your content with anyone via any media, including promoting it through advertising on other sites.

Content you post as a learner remains yours. By posting courses and other content, you allow Elevify to reuse and share it, but you do not lose whatever ownership rights you may have in the content.

By posting content, comments, questions, and reviews, and by sending us ideas and suggestions for new features or improvements, you authorize Elevify to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make such modifications or edits to it as we deem appropriate.

In legal terms, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the content (including your name and image) in any media or method of distribution (now existing or later developed). This includes making your content available to other companies, organizations, or individuals that partner with Elevify to syndicate, broadcast, distribute, or publish content in other media types, as well as using your content for marketing purposes. You also waive any privacy, publicity, or similar rights to all such uses, to the extent permitted by applicable law. You represent and warrant that you have all rights, power, and authority necessary to authorize us to use any content you submit. You also agree to all these forms of use of the content without any compensation.

6. Use of Elevify at Your Own Risk

Anyone can use Elevify to create and publish content, and instructors and learners can interact for teaching and learning purposes. Like other platforms where people can publish content and interact, there is always a risk of failures; using Elevify is at your own risk.

Our platform model means that we do not review or edit content for legal issues, nor are we able to determine the legality of the content. We exercise no editorial control over content offered on the platform and, as such, we do not guarantee in any way the reliability, validity, accuracy, or truthfulness of the content. When you access content, you do so at your own risk in relying on any information provided by an instructor.

When using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Elevify is not responsible for preventing you from accessing such content, nor for your access or enrollment in any course or other content, to the extent permitted by applicable law. This also applies to any health, wellness, and fitness-related content. You acknowledge the risks and dangers inherent in the strenuous nature of this type of content and, by enrolling in such content, choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after accessing the content.

When interacting directly with a learner, you must be careful about the type of personal information you share. Although we restrict the types of information that instructors may request from learners, we do not control what learners and instructors do with information obtained from other users on the platform. For your own safety, you should not share your email address or other personal information about yourself.

When using our Services, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of third-party sites, including the information they collect about you. We recommend that you also read the terms and conditions and privacy policies of those sites.

7. Elevify’s Rights

Elevify owns the Elevify platform and Services, including the website, applications, and present and future services, as well as items such as logos, APIs, code, and content created by our employees. You may not tamper with or use them without authorization.

All rights, title, and interest in and to the Elevify platform and Services, including the website, our existing or future applications, our APIs, databases, and the content submitted or provided by our employees or partners through our Services (excluding content provided by instructors and learners), are and will remain the exclusive property of Elevify and its licensors. Our platforms and services are protected by the copyright, trademark, and other laws of Brazil and other countries. Nothing grants you the right to use the Elevify name or any of the Elevify trademarks, logos, domain names, and other distinctive brand features. Any feedback, comment, or suggestion you may provide regarding Elevify or the Services is entirely voluntary. Elevify is free to use any feedback, comment, or suggestion as it sees fit, without obligation to you.

When accessing or using the Elevify platform or Services, you may not:

  • access, tamper with, or use non-public areas of the platform (including content storage), Elevify’s computer systems, or Elevify’s service providers’ technical delivery systems.
  • disable, interfere with, or attempt to circumvent any platform features related to security, or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or content of the Elevify platform or Services.
  • access, search, or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities provided via our website, mobile applications, or API (and only in accordance with the API terms and conditions). You may not use scraping, spiders, robots, or other automated means of any kind to access the Services.
  • use the Services in any way to send altered, deceptive, or false source-identifying information (such as sending emails that falsely appear to be from Elevify); or interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, by sending viruses, overloading, flooding, spamming, or mail-bombing the platforms or services, or otherwise interfere with or place an undue burden on the Services.

8. Subscription Terms

This section covers additional terms applicable to the use of our subscription-based libraries as a learner (Subscription Plans). By using a Subscription Plan, you agree to the additional terms of this section. Use of Elevify for Business is not subject to these Terms and is governed by the agreement between Elevify and the subscribing organization.

8.1 Subscription Plans

During a subscription term, you receive a limited, non-exclusive, non-transferable license from Elevify to access and view the content included in that Subscription Plan through the Services.

The subscription you purchase or renew determines the scope, features, and price of access to the Subscription Plan. You may not transfer, assign, or share the subscription with any other person.

We reserve the right to revoke any license to use content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion; for example, if we no longer have the right to offer the content through a Subscription Plan. Additional information about our right to revoke is included in the section Content Enrollment and Lifetime Access.

8.2 Account Management

To cancel a subscription, you must follow the steps described in the My Area section within the LMS. If you cancel a Subscription Plan, access to that Plan will automatically end on the last day of the billing period. In case of cancellation, you will not be entitled to receive a refund or credit for any fees paid for the subscription, unless otherwise required by applicable law. For clarity, canceling a subscription does not cancel your Elevify account.

8.3 Payments and Billing

The subscription fee will be disclosed at the time of purchase. Visit our Support Page to learn more about where to see the fees and dates applicable to your subscription. Fees may also include taxes as described in the Payments, Credits and Refunds section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on your location, you may be eligible for a refund.

To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and submitting billing information at checkout, you grant Elevify and its payment service partners the right to process payment for applicable fees using the payment method registered to you. At the end of each subscription period, we will automatically renew the subscription for the same duration and charge the payment method using the then-current rates.

If we update the payment method using information provided by our payment service providers (as described in the Payments, Credits and Refunds section above), you authorize the continued charging of current fees to the updated payment method.

If payment cannot be processed using your registered instrument, or if you request a chargeback disputing changes made to your payment method and that chargeback is granted, we may suspend or terminate the subscription.

We reserve the right to change our Subscription Plans or adjust the prices of our Services at our sole discretion. Any price changes or changes to the subscription will take effect upon notice to you, unless otherwise required by applicable law.

8.4 Interactive Sessions Restrictions

When accessing or using Interactive Sessions, you may not:

  • use Interactive Sessions for any purpose other than the activities as instructed in Elevify labs;
  • provide web, database, or forum access, or perform cryptocurrency mining in or through Interactive Sessions;
  • access or use Interactive Sessions in any commercial production environment;
  • take any action in Interactive Sessions that results in interruption of or interference with our Services or the stability of our infrastructure; or
  • use any data or information that is not simulated, anonymous, non-personal, or inactive when accessing or using Interactive Sessions.

The above restrictions are in addition to those listed in other provisions of these Terms, including the Content and Conduct Rules and Elevify’s Rights sections above.

8.5 Subscription Disclaimers

We do not guarantee the availability of any specific content nor a minimum amount of content in any Subscription Plan. At any time in the future, we reserve the right to offer or discontinue additional features to any Subscription Plan, or otherwise modify or terminate a Subscription Plan at our sole discretion. We are not responsible for preserving or storing content you input in connection with your use of any Subscription Plan. These disclaimers are in addition to those listed in the Disclaimers section below.

These Terms have the same effect as any other contract and contain important legal terms that protect us from various situations that may occur and clarify the legal relationship between Elevify and the user.

9.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you accept and agree to enter into a legally binding contract with Elevify. If you do not agree to these Terms, you must not register, access, or use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language will prevail in case of any conflict.

If any part of these Terms is found to be invalid or unenforceable under applicable law, that provision will be deemed replaced by a valid and enforceable provision that best matches the intent of the original provision. The remainder of the Terms will continue in effect.

Even if we do not exercise our rights immediately or we fail to exercise any right in a particular case, that does not mean we waive our rights under these Terms, and Elevify may decide to enforce them in the future. If we choose to waive any of our rights in specific cases, that does not mean we waive our rights as a whole or in the future.

9.2 Disclaimers

There may be instances where our platform stops working, whether for planned maintenance or due to an error on the site. There may be instances where one of our instructors makes misleading statements in the content they teach. There may also be instances related to security issues. These are just examples. You agree not to have recourse against Elevify in any of these cases involving malfunctions. In legal and more complete language, the Services and their content are provided as-is and as-available. Elevify (and its affiliates, suppliers, partners, and representatives) makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Elevify (and its affiliates, suppliers, partners, and representatives) makes no warranty that you will achieve specific results from using the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you.

We may choose to discontinue making certain features of the Services available at any time and for any reason. Under no circumstances will Elevify or its affiliates, suppliers, partners, and representatives be liable for any damage due to such interruptions or unavailability of such features.

We are not responsible for delays or failures in the performance of any of the Services caused by events beyond our control, such as acts of war, hostility, or sabotage; natural disasters; electricity, internet, or telecommunications failures; or governmental restrictions.

9.3 Limitation of Liability

There are inherent risks in using our Services; for example, when accessing health and wellness content, such as yoga, you suffer an injury. You fully accept these risks and agree that you have no right to seek compensation even if you suffer losses or damages from using our platform and Services. In legal and more complete language, to the extent permitted by law, Elevify (and the companies in our group, suppliers, partners, and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profit, or business opportunities, or bodily injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, even if we have been advised in advance of the possibility of damages. Our liability (and the liability of each of the companies in our group, suppliers, partners, and representatives) to you or any third parties, under any circumstance, is limited to the greater of R$ 100.00 or the amount you have paid to us in the 12 (twelve) months prior to the event giving rise to the claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the situations above may not apply to you.

9.4 Indemnification

If your behavior causes legal problems, Elevify may take legal action against you. You agree to indemnify, defend (if we so request), and hold Elevify, its group companies, and their officers, directors, suppliers, partners, and representatives harmless from any third-party claim, demand, loss, damage, or expense (including reasonable attorneys’ fees) arising from: (a) content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any third-party rights. Your obligation to indemnify will survive the expiration of these Terms and your use of the Services.

9.5 Governing Law and Jurisdiction

When these Terms mention Elevify, it refers to the Elevify entity with which the contract is being formed. If you are a learner, the contracting entity and governing law are generally determined by your place of residence.

Except in certain cases, as described below, if you are a learner residing in India, the contract is formed with Gradua Holdings LLP and these Terms are governed by the laws of Brazil, without reference to principles of choice or conflict of laws. You agree to the exclusive jurisdiction and venue of the courts of São Paulo, Brazil.

9.6 Legal Actions and Notices

No action, regardless of form, arising out of or related to this Agreement may be brought by either party more than one year after the cause of action arose, except where such limitation cannot be imposed by law.

Any notice or other communication to be provided under this instrument must be made in writing and delivered by registered or certified mail with return receipt or by email (by Elevify, to the email associated with your account, or by you, to support@elevify.com).

9.7 Relationship Between the Parties

You and We agree that no joint venture, partnership, employment, or agency relationship will exist between the parties.

9.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted by them). For example, if you registered an account as an employee of a company, you may not transfer the account to another employee. Elevify may assign these Terms (or the rights and licenses granted by them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy to any other person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9.9 Sanctions and Export Laws

You warrant (as an individual or as a representative of an entity on whose behalf you use the Services) that you are not located in or a resident of a country subject to applicable U.S. embargoes or trade sanctions (such as Cuba, Iran, North Korea, Sudan, Syria, or the regions of Crimea, Luhansk, and Donetsk). You also warrant that you are not a person or entity included on any U.S. government specially designated list of restricted persons.

If you become subject to any such restrictions during the term of any agreement with Elevify, you must notify us within 24 hours, at which time we will have the right to terminate any new obligations to you, with immediate effect and without further liability to you (but without prejudice to your outstanding obligations to Elevify).

You may not access, use, export, re-export, divert, transfer, or disclose any part of the Services or any related technical information or materials, directly or indirectly, in a manner that violates the export control and trade laws, rules, and regulations of the United States or any other applicable country. You agree not to upload any content or technology (including information about encryption) whose export is specifically controlled by such laws.

10. Dispute Resolution

In case of disputes, our Support Team will make every effort to resolve the issue. If no agreement is reached and you reside in Brazil, the options will be to bring the claim in small claims court. You may not file the claim in another court or participate in a non-individual class action against Elevify.

10.1 Dispute Resolution Overview

Elevify is committed to using its best efforts to resolve disputes with users without the need to file a formal legal proceeding. If there is a problem between the parties, you and Elevify agree to first work diligently and in good faith to reach a resolution that is fair and equitable to both parties, using the mandatory informal dispute resolution process described below. At times, it may be necessary to involve a third party to help resolve disputes. The Dispute Resolution Agreement limits how these disputes may be resolved.

YOU AND ELEVIFY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH ELEVIFY (COLLECTIVELY, DISPUTES) THAT ARE NOT RESOLVED INFORMALLY MUST BE BROUGHT EXCLUSIVELY IN SMALL CLAIMS COURT.

YOU AND ELEVIFY FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY REPRESENTATIVE OR CLASS ACTION, WHETHER IN COURT OR ARBITRATION.

You and Elevify agree that this Dispute Resolution Agreement applies to each party, as well as to all of their respective agents, attorneys, contractors, subcontractors, service providers, employees, and other individuals acting for or on behalf of you and Elevify. The Dispute Resolution Agreement is binding on you and Elevify and your respective heirs, successors, and assigns.

10.2 Mandatory Informal Dispute Resolution Process

Before bringing an action against the other party, you and Elevify must participate in the informal dispute resolution process described in this section.

  • The complaining party must send the other a brief written statement (Demand Statement) with full name, address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolution (including monetary amounts being requested and how that amount was calculated). Sending a Demand Statement tolls any statute of limitations for a period of 60 (sixty) days from the date of receipt of the Demand Statement. You must send the Demand Statement to Elevify by email: support@elevify.com. Elevify will send Demand Statements and responses to you at the email address associated with your Elevify account, unless otherwise indicated.
  • When a party receives a Demand Statement, that party will attempt in good faith to resolve the matter informally. If it cannot be resolved within 60 (sixty) days after receipt, then each party will have the right to initiate a formal action against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.

Failure to comply with this process constitutes a material breach of the Terms, and no judge or arbitrator will have jurisdiction to adjudicate or resolve Disputes between you and Elevify.

10.3 Small Claims

Disputes raised but not resolved by the mandatory informal dispute resolution process may be brought in small claims court in: (a) São Paulo, SP, Brazil; (b) your country of residence; or (c) another place agreed by both parties. Each party waives the right to move the Dispute to courts other than small claims, including courts of general or special jurisdiction.

10.4 Fees and Costs

You and Elevify agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided that each party may recover fees and costs to the extent permitted by applicable law. If a court or arbitrator determines that arbitration was initiated or threatened in bad faith, or that the claim was frivolous or brought for an improper purpose, the court or arbitrator may, to the maximum extent permitted by law, award attorneys’ fees to the party defending against the dispute, as in a court of law.

10.5 Class Action Waiver

Except as expressly provided with respect to Mass Arbitration Rules, both parties agree that they may bring claims against each other only individually. This means that: (a) neither party may bring an action as a plaintiff or class member in a class action, consolidated action, or representative action. Nothing in this Dispute Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual agreement through a collective settlement of actions.

10.6 Changes

Notwithstanding the Updates to These Terms section below, if Elevify changes the Dispute Resolution section after the last date on which you indicated acceptance of these Terms, you may reject the change by notifying Elevify in writing of the rejection, either by email: support@elevify.com, within 30 (thirty) days after the date on which the change became effective, as indicated in the text above in the last updated date. To be effective, the notice must include your full name and clearly indicate your intention to reject the changes made to the Dispute Resolution section. By rejecting the changes, you agree to arbitrate any dispute between you and Elevify according to the provisions of this Dispute Resolution section on the last date you indicated acceptance of these Terms.

11. Updates to These Terms

From time to time, Elevify may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), reserving the right, at our sole discretion, to modify and/or make changes to these Terms at any time. If there is a material change, Elevify will notify you by effective means, such as by sending a notice by email to the email address specified in your account or by posting a notice on our Services. Unless otherwise indicated, modifications will take effect on the day they are posted. Your continued use of our Services after the changes take effect signifies your acceptance of the changes. Any revised Terms will prevail over all prior Terms.

12. How to Contact Us

The best way to contact us is through our Support Team. We are always available to hear users’ questions, issues, and comments about our Services.

Thank you for supporting us and allowing us to support you!