When setting up an account on the Service, you will submit certain information necessary to create an account with Elevat (“User Information”). Other than as specifically requested by Elevatto establish your account, or retrieved by Elevat in the normal course of your use of the Service, you will not submit any personally identifiable information to Elevat at any time.
By accessing and using the Service, you agree and consent to collection of certain information by the Service, and to the storage and use, of such information by Elevat, inits discretion. Notwithstanding any other provision of these Terms, all information that is collected from you by Elevat and all information that youshare, transmit, or otherwise make available to Elevat, including all personally identifiable information which has been de-identified data, constitutes “Data”;provided however, that “Data” does not include personally identifiable information.
You grant us and our affiliates and related entities, a worldwide, royalty-free, perpetual,irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify,adapt, translate, archive, store, and create derivative works from all Data, in any form, format, or medium, of any kind now known or later developed. You waive any moral rights you might have with respect to any Data. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any Data for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. We may also aggregate Data with other information in such a way that it will not identify you and we may use that aggregated Data to develop and improve our products and services. All rights in this paragraph are granted without the need for us to pay compensation of any sort to you.
You agree that any materials, including but not limited to questions, comments, suggestions,ideas, plans, notes, drawings, original or creative materials or other information regarding us or the Service that you provide to us, whether in email, feedback forms, or other submission format, shall belong exclusively tous, without acknowledgement or compensation to you.In addition, we may use or disclose any Data or other information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of Elevat, our users, and the public.
You agree not to engage in any of the following activities while using or accessing the Service and you acknowledge and agree that violating these prohibitions constitutes a breach of these Terms:
• Violating local, state, or other applicable laws or regulations;
• Posting content that infringes the intellectual property rights, privacy, publicity, orother rights of any third party;
• Posting content that is unlawful, obscene, defamatory, threatening, harassing, hateful,or embarrassing to any party as determined in our sole discretion;
• Impersonating a third party or implying you are someone other than who you are;
• Distributing viruses or other harmful or malicious computer code;
• Collecting information about others without their explicit written consent;
• Providing your access credentials or otherwise allowing a third party or third party system to use your identification, to pretend they are you, or to access your account; or
• Engaging in any conduct that disrupts or impedes a third party's use and enjoyment of the Service, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type.
Elevat grants you limited, revocable, non-sublicensable license to access and use the Service and all content, data, information, and materials included by Elevat in the Service(the "Elevat Materials") solely for your own personal use, or if you are a commercial customer, solely for your internal business use, subject to the terms and conditions set forth in these Terms. All other rights are reserved. You agree that you will not modify, copy, distribute, resell,transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the Service or Elevat Materials except as explicitly authorized in these Terms. You will not use the Service or any of the Elevat Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.
Without limiting the foregoing, you may not engage or attempt to engage in the practices of"screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users or other information from the Service or that uses web "bots" or similar data gathering or extraction methods, or knowingly permit use of your access credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Elevat can, in its sole discretion, suspend access to your account on the Service if we believe:(1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of our network or the Service; (3)suspension is needed to protect the rights, property or safety of Elevat, our users or the public; (4) there is a basis for termination of your account; or (5) you have violated these Terms; or (6) we are required to by law.
We may cancel your access to the Service: (1) immediately if you breach these Terms; (2) there isa basis for cancellation of your account based on another agreement in place between us; or (2) if required by law.
We will provide you notice if we cancel your account. We will endeavor to promptly provide you notice in the event of any suspension or termination. During a suspension or following a termination, you will not have the ability to use or access the Service and other information contained or stored by you in, or as part of, the Service will no longer be accessible to you. Any suspension of your access to the Service will not limit or waive our rights to terminate your access to the Service. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account. During a suspension or following a termination, you will not register or attempt to register another account with Elevat.
These Terms terminate upon cancellation of your account. Upon termination, Elevat has no obligation to store your data, but may do so to comply with legal or business requirements for a reasonable time after termination.
You may cancel your account at any time by emailing email@example.com.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. ELEVAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY/ ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. ELEVAT SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICE INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, LOSS OF DATA, LOSS OF BUSINESS, INABILITY TO ACCESS DATA OR THE SERVICE, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO THE SERVICE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS SAFE, RELIABLE, AND ERROR-FREE, ELEVAT CANNOT GUARANTEE, AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, OR ANY ELEMENT THEREOF, INCLUDING SOFTWARE OR SYSTEMS ARE AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ELEVAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FOR YOUR USE OF THE SERVICE OR INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ELEVATFOR THE AFFECTED MATERIALS. IN NO EVENT WILL ELEVAT BE LIABLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE SERVICE, APPS OR IN-APP PRODUCTS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,WHETHER OR NOT ELEVAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Elevat, its officers,directors, employees, agents, licensors and business partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Elevat is based in the United States of America. Elevat makes no claims that the Service is appropriate or may be used outside of the United States. Access to and use of the Service is intended solely for persons residing in the United States and may not be legal by certain persons or incertain countries. If you use the Service from outside the United States, youdo so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Elevat, or in any way relating to the Service, resides in the state and federal courts in Seattle, Washington, and you hereby expressly, irrevocably,and unconditionally consent and submit to the exercise of personal jurisdiction by such courts.
If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Service,however, Elevat may freely assign these Terms. Unless expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the Service. You agree and consent to receive communications from us via each of the following methods: by postingor making available such communication within the Service or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Last modified: July 3, 2019
[Elevat Inc, ] ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website app.elevat-iot.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
● On this Website.
● In email, text, and other electronic messages between you and this Website.
● [Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.]
● [When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.]
● [ANY OTHER SOURCES]
It does not apply to information collected by:
● us offline or through any other means, including on any other website operated by Company or any third party[ (including our affiliates and subsidiaries)]; or
● any third party [(including our affiliates and subsidiaries)], including through any application or content (including advertising) that may link to or be accessible from [or on] the Website]
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any [personal] information to [or on] the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not [use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use]. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [INSERT CONTACT INFORMATION].
We collect several types of information from and about users of our Website, including information:
● by which you may be personally identified, such as name, postal address, e-mail address, telephone number,[ social security number][ or [ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW]/any other identifier by which you may be contacted online or offline] ("personal information");
● that is about you but individually does not identify you, such as [SPECIFY TYPES OF INFORMATION]; and/or
● about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
● Directly from you when you provide it to us.
● Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies[, web beacons,] [and other tracking technologies].
● [From third parties, for example, our business partners.]
Information You Provide to Us. The information we collect on or through our Website may include:
● Information that you provide by filling in forms on our Website. This includes information provided at the time of [registering to use our Website,] [subscribing to our service,] [posting material,] [or requesting further services]. We may also ask you for information [when you enter a contest or promotion sponsored by us, and] when you report a problem with our Website.
● Records and copies of your correspondence (including email addresses), if you contact us.
● [Your responses to surveys that we might ask you to complete for research purposes.]
● [Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.]
● [Your search queries on the Website.]
● [DESCRIBE ANY OTHER TYPES OF INFORMATION THE USER PROVIDES]
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although [we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile], please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
● Details of your visits to our Website, including [traffic data,] [location data,] [logs,] and other communication data and the resources that you access and use on the Website.
● Information about your computer and internet connection, including your IP address, operating system, and browser type.
[We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here [INCLUDE AS LINK TO DO NOT TRACK DISCLOSURES] for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.]
The information we collect automatically [is statistical data and does not/may] include personal information[, but/or] we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
● Estimate our audience size and usage patterns.
● Store information about your preferences, allowing us to customize our Website according to your individual interests.
● Speed up your searches.
● Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
● Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
● Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
[We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.]
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.]
We use information that we collect about you or that you provide to us, including any personal information:
● To present our Website and its contents to you.
● To provide you with information, products, or services that you request from us.
● To fulfill any other purpose for which you provide it.
● [To provide you with notices about your [account/subscription], including expiration and renewal notices.]
● To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
● To notify you about changes to our Website or any products or services we offer or provide though it.
● [To allow you to participate in interactive features on our Website.]
● [DESCRIBE ANY OTHER USES]
● In any other way we may describe when you provide the information.
● For any other purpose with your consent.
[We may also use your information to contact you about [our own and third-parties'] goods and services that may be of interest to you. If you do not want us to use your information in this way, please [check the relevant box located on the form on which we collect your data (the [order form/registration form])/adjust your user preferences in your account profile.] For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.]
We may disclose aggregated information about our users[, and information that does not identify any individual,] without restriction.
● To our subsidiaries and affiliates.
● To contractors, service providers, and other third parties we use to support our business[ and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them].
● To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of [COMPANY NAME]'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by [COMPANY NAME] about our Website users is among the assets transferred.
● [To third parties to market their products or services to you if you have [consented to/not opted out of] these disclosures. [We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.] For more information, see Choices About How We Use and Disclose Your Information].
● To fulfill the purpose for which you provide it. [For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.]
● For any other purpose disclosed by us when you provide the information.
● With your consent.
● [ANY OTHER TYPES OF THIRD-PARTY DISCLOSURES.]
We may also disclose your personal information:
● To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of [COMPANY NAME], our customers, or others. [This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.]
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
● [Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form])/OTHER OPT-OUT METHOD]. You can also always opt-out by] [logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by] sending us an email stating your request to [EMAIL ADDRESS].]
● [Promotional Offers from the Company. If you do not wish to have your [email address/contact information] used by the Company to promote our own or third parties' products or services, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]] or at any other time by] [logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by] sending us an email stating your request to [EMAIL ADDRESS]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. [This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.]]
● [Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by [OPT-OUT METHOD]. [For this opt-out to function, you must have your browser set to accept browser cookies.]]
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
[You can review and change your personal information by logging into the Website and visiting your account profile page.]
[You may also send us an email at [INSERT EMAIL ADDRESS] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.]
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [EMAIL ADDRESS][ or write us at: [MAILING ADDRESS]].]
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions [and [IDENTIFY ANY OTHER INFORMATION]] will be encrypted [using SSL technology].]
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. [We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.]
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.]