Terms and Conditions

1. About These Terms

These Terms and Conditions (“Terms”) are an agreement between you and Eleven Elves LLC, a Texas limited liability company (“Eleven Elves,” “we,” “us”). If you use Eleven Elves for a company, you agree to these Terms on that company's behalf and confirm you have authority to do so; in that case “you” and “Customer” mean the company. Our Privacy Policy explains how we handle personal information and is part of these Terms.

If we sign a separate order form, data processing agreement, or other written agreement with you (an “Order”), that Order controls where it conflicts with these Terms.

• “Service” means the Eleven Elves software-as-a-service platform, including its apps, AI agents, APIs, and documentation, and our website.
• “Customer Data” means data you or your Authorized Users submit to the Service or connect from other apps.
• “Authorized Users” means the employees and contractors you allow to use the Service under your account.
• “Subscription Term” means the period your paid subscription is active, including renewals.

2. Who Can Use Eleven Elves

You must be at least 18 years old and able to form a binding contract. Eleven Elves is built for businesses, not for personal, family, or household use. You may not use it if you're barred from doing so under the laws of the United States or the country where you live, including sanctions and export control laws.

3. Waitlist, Free Trial, and Beta Features

Joining the waitlist is free and creates no obligation for you or us. We plan to launch in summer 2027, with our Grand Opening on November 11, 2027, but dates and features may change.

Waitlist members get their first 3 months of the Service free (“Trial”). One Trial per business. We'll remind you before the Trial ends and before any charges begin; you can cancel during the Trial and pay nothing. If you don't subscribe when the Trial ends, we'll keep your Customer Data for 30 days so you can export it or subscribe, then delete it.

We may offer features marked beta, preview, or early access (“Beta Features”). They're optional and may change or end at any time. The Trial and Beta Features are provided “as is,” without any warranty, support commitment, or indemnity, and our total liability for them is limited to $100.

4. Accounts and Authorized Users

• Each full seat and each dayshift seat is for one named Authorized User and can't be shared. You may reassign a seat when someone leaves your team. A dayshift seat gives access to one app and doesn't include the AI agents.
• You're responsible for your Authorized Users' compliance with these Terms, for keeping login details secure, and for everything that happens under your account.
• Tell us right away at legal@11elves.com if you think someone has accessed your account without permission.

5. Subscriptions, Fees, and Renewal

• Fees are per seat, per month, as shown on our Pricing page or in your Order when you subscribe.
• Automatic renewal: your subscription renews each month at the then-current price, and we'll charge your payment method at the start of each month, until you cancel. You can cancel anytime in your account settings or by emailing us, and cancellation takes effect at the end of the current billing month. We don't require long-term contracts.
• Adding seats takes effect immediately and is prorated for the current month. Removing seats takes effect at your next billing month.
• Fees are non-refundable except where these Terms or the law say otherwise.
• Fees don't include taxes. You're responsible for applicable sales, use, VAT, GST, and similar taxes, other than taxes on our income.
• We may change prices with at least 30 days' notice. A change takes effect at your next billing month after the notice period, and you can cancel before it does.
• If a payment fails, we'll tell you and may suspend the Service if it isn't resolved within 14 days.

6. Usage Limits

Each subscription includes the storage and usage allowances shown on our Pricing page (currently 30 GB per full seat and 5 GB per dayshift seat). If you consistently exceed them, we'll contact you to agree on extra storage or a plan change before taking any action. You won't be charged for overages without agreeing to it first.

7. Customer Data

You own your Customer Data. You give us a limited license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service for you, to prevent abuse, and as the law requires.

We may collect usage information about how the Service performs and is used, and create aggregated, de-identified statistics from it, to operate and improve the Service. These statistics don't identify you, your Authorized Users, or any individual, and don't include the content of your Customer Data. We don't sell Customer Data, and we don't use it to train AI models that are shared with other customers.

You're responsible for the accuracy of Customer Data and for having the rights and consents needed to put it into the Service, including data about your employees and customers. Where we process personal data on your behalf, we act as your processor, and our Data Processing Agreement, including the EU Standard Contractual Clauses where needed, is incorporated into these Terms on request.

8. Security and Subprocessors

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, access controls, and monitoring. We'll notify you without undue delay, and in any case within 72 hours, after we confirm a security incident affecting your Customer Data.

We use subprocessors, such as cloud hosting, payment, email, and AI providers, to deliver the Service. We remain responsible for them, bind them to written data protection obligations, keep a current list available on request, and will give notice before adding a new subprocessor so you can object.

9. AI Features

The Service includes AI agents (the elves) that draft, analyze, categorize, and recommend. AI can make mistakes. Outputs may be incomplete or wrong, so review them before relying on them, especially for payments, payroll, tax filings, financial statements, and messages to your customers.

The elves don't provide accounting, tax, legal, financial, or employment advice, and they aren't a substitute for qualified professionals. Actions with real consequences are presented for your approval. You decide what to approve, and you're responsible for decisions you make using the Service. As between us, you own the outputs the elves generate from your Customer Data.

10. Acceptable Use

You agree not to, and not to let anyone else:

• Break any law, or use the Service to infringe or violate anyone's rights.
• Upload malware, or try to break into, probe, overload, or disrupt the Service or other customers' accounts.
• Reverse engineer, decompile, copy, sublicense, or resell the Service, except where the law expressly allows it.
• Use the Service to build a competing product, or access it with bots or scrapers outside our published APIs.
• Use the elves to send spam or deceptive messages, or to make decisions that the law reserves for a person.

11. Third-Party Apps

The Service connects to apps made by other companies, such as Shopify, banks, payment processors, and shipping providers. When you connect one, you authorize us to exchange Customer Data with it as needed. Those apps are governed by their own terms, and we're not responsible for them. If one changes or stops working with us, the related features may stop working, and we'll let you know.

12. Support and Availability

We provide email support during regular business hours (U.S. Central Time) and will use reasonable efforts to respond within one business day. We work to keep the Service available around the clock, except for scheduled maintenance, which we'll try to do during low-traffic hours and announce in advance when it may cause downtime. Any specific uptime commitment or service credits apply only if stated in an Order.

We may improve, change, or retire features. If we make a change that materially reduces the core functionality you're paying for, we'll tell you at least 30 days in advance, and you can cancel and receive a prorated refund of prepaid fees for the unused period.

13. Our Intellectual Property

We and our licensors own the Service, including the software, designs, Leven our mascot, and our trademarks. During your Subscription Term, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right for your Authorized Users to use the Service for your internal business purposes. We reserve all rights not expressly granted. If you send us feedback or ideas, we may use them freely without obligation to you.

14. Confidentiality

Each of us will protect the other's non-public information that's marked confidential or that a reasonable person would understand to be confidential, using at least reasonable care, will use it only to carry out these Terms, and will share it only with people who need to know it and are bound by similar duties. This doesn't cover information that's public through no fault of the recipient, already known to it, independently developed, or rightfully received from someone else. A recipient may disclose information if the law requires, after giving notice where allowed.

15. Publicity

We may list your company name and logo among our customers on our website and in marketing materials. If you'd rather we didn't, email legal@11elves.com and we'll remove them within 30 days.

16. Warranties and Disclaimers

We warrant that during your Subscription Term the Service will perform materially as described in our documentation, and that we won't materially reduce its security. If it doesn't, tell us and we'll work to fix it; if we can't within 30 days, you may cancel and receive a prorated refund of prepaid fees for the unused period. This is your exclusive remedy for breach of this warranty.

Except as expressly stated in these Terms, the Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, and we don't warrant that the Service will be uninterrupted or error-free.

17. Limitation of Liability

To the fullest extent the law allows, neither of us is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if warned they might happen.

Each party's total liability arising out of these Terms is limited to the fees you paid or owed us in the 12 months before the event giving rise to the claim, or $100 if that amount is zero. These limits don't apply to your payment obligations, to either party's indemnity obligations, to breaches of the Acceptable Use section, or to liability that can't be limited by law, such as for fraud, gross negligence, or willful misconduct.

18. Indemnity

We'll defend you against any third-party claim that the Service, as we provide it, infringes that party's intellectual property rights, and pay the resulting damages and costs finally awarded or agreed in settlement. This doesn't apply to claims caused by Customer Data, third-party apps, or combinations or modifications we didn't make. If the Service is or may become subject to such a claim, we may modify it, get you the right to keep using it, or end your subscription and refund prepaid fees for the unused period.

You'll defend us against any third-party claim arising from your Customer Data or your breach of the Acceptable Use section, and pay the resulting damages and costs finally awarded or agreed in settlement.

The party seeking defense must promptly notify the other in writing, give it sole control of the defense and settlement (a settlement can't impose obligations on the protected party without its consent), and reasonably cooperate.

19. Term, Suspension, and Termination

These Terms apply as long as you use the Service. You can cancel anytime as described above. Either of us may end these Terms if the other materially breaches them and doesn't cure the breach within 30 days of written notice. We may suspend access immediately if your use poses a security risk, may harm the Service or others, or breaks the law; we'll limit any suspension to what's necessary and restore access once the issue is resolved.

After your account ends, you'll have 30 days to export your Customer Data in a common, machine-readable format, after which we'll delete it, including from backups within a further 90 days, unless the law requires us to keep it. Sections that by their nature should survive, including fees owed, Customer Data, confidentiality, disclaimers, limitation of liability, indemnity, and governing law, survive.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE], USA, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods doesn't apply. Before filing a claim, each of us agrees to try to resolve the dispute informally for 30 days after written notice. If that doesn't work, disputes will be resolved exclusively in the state or federal courts located in [COUNTY, STATE], and both of us consent to their jurisdiction. Either of us may seek injunctive relief in any court to protect its intellectual property or confidential information.

Nothing in these Terms limits rights you have under mandatory laws of the country where you're based that can't be waived by contract.

21. Export Controls, Sanctions, and Anti-Corruption

You'll comply with U.S. and other applicable export control and sanctions laws, and won't use or let anyone use the Service in a sanctioned country or region or for a sanctioned person. Neither of us will offer or accept bribes or other improper payments in connection with these Terms.

22. Changes to These Terms

We may update these Terms. For material changes, we'll give at least 30 days' notice by email or in the Service before they take effect. If you don't agree, you can cancel before they take effect; continuing to use the Service after that means you accept them. Changes required by law may take effect sooner.

23. General

We're independent contractors, and these Terms don't create a partnership, agency, or employment relationship. There are no third-party beneficiaries. You may not assign these Terms without our consent; either of us may assign them without consent to a successor in a merger, acquisition, or sale of substantially all related assets, with notice. Neither of us is responsible for delays caused by events beyond reasonable control, other than payment obligations. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right isn't a waiver of it. These Terms, any Order, and our Privacy Policy are the entire agreement between us about their subject and replace prior discussions.

You agree to receive notices electronically. We'll send notices to the email address on your account; send notices to us at legal@11elves.com and [MAILING ADDRESS]. If you're a U.S. government entity, the Service is commercial computer software provided under these Terms consistent with FAR 12.212 and DFARS 227.7202.

24. Contact Us

Eleven Elves, Eleven Elves LLC, a Texas limited liability company, [MAILING ADDRESS]. Email: legal@11elves.com.