Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you" or "Customer") and Frost Software LLC, a California limited liability company located at 626 Wilshire Blvd, Suite 410-L44, Los Angeles, CA 90017 ("we", "us", "Elevion"). They govern your access to and use of the website elevion.cc, the application at app.elevion.cc, and all related services (together, the "Service").

By creating an account, subscribing, or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into contracts to use the Service. You represent that the information you provide is accurate, that you are using the Service in compliance with applicable law, and that you are the legal owner of or an authorized representative for any Instagram account you connect.

2. Account registration and security

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity occurring under your account.
• You must notify us promptly at support@elevion.cc if you suspect unauthorized access.
• We may suspend or terminate your account if we reasonably believe it has been compromised or is being used to violate these Terms.

3. Subscription, trial, and billing

• The Service is offered on a subscription basis. Plans and pricing are listed on our website and within the Service.
• New subscribers may be offered a free trial period (currently 7 days, subject to change). A valid payment method is required to start a trial. No charges will be made until the trial ends.
• Your subscription renews automatically at the end of each billing period unless cancelled before renewal.
• Payments are processed by Mollie B.V. or PayPal (Europe) S.à r.l. et Cie, S.C.A. By subscribing, you authorize us and our payment processors to charge your selected payment method for all fees due.
• All fees are exclusive of taxes (VAT, sales tax, etc.) unless stated otherwise. You are responsible for any applicable taxes.
• Prices may change upon 30 days' notice. Continued use after the notice period constitutes acceptance of new pricing.

4. Cancellation and refunds

You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period — the Service remains available until then. For refund terms, see our Refund Policy.

5. License to use the Service

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business or personal use.

6. Acceptable use

You agree not to:

• Use the Service to send unsolicited spam, commercial bulk messages that violate applicable anti-spam laws (CAN-SPAM Act, CASL, GDPR), or messages that users have not consented to receive.
• Use the Service in a way that violates Meta Platform Terms, Instagram Community Guidelines, or any other platform rules that apply to your Instagram account. You are responsible for remaining in compliance with these policies; Elevion provides tools but cannot guarantee that any use will comply with Meta's rules.
• Harass, threaten, or send abusive, deceptive, or harmful messages to any person.
• Send messages that infringe intellectual property, publicize private information, or that are defamatory, obscene, or unlawful.
• Circumvent Meta rate limits, platform safeguards, or the Service's own safety controls.
• Use automated means (scrapers, bots beyond the Service's own automation) to extract data.
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service.
• Resell, sublicense, or make the Service available to any third party without our written permission.
• Upload or transmit malware, viruses, or code designed to disrupt the Service.

Violation may result in immediate suspension or termination without refund. You acknowledge that Instagram may also independently suspend or restrict your Instagram account for activity conducted through the Service and that Elevion is not responsible for such platform-level actions.

7. Your content and data

You retain ownership of all content you submit to the Service (campaigns, templates, keywords, etc.) and of your Instagram data accessed via your authorization. You grant us a limited, non-exclusive license to use, store, transmit, and display that content solely to operate the Service for you.

8. Our intellectual property

The Service, its design, source code, trademarks, logos, and documentation are owned by Frost Software LLC and protected by US and international copyright, trademark, and other laws. These Terms grant you no ownership rights in the Service.

9. Third-party services

The Service interoperates with third parties including Meta/Instagram, Mollie, PayPal, Resend, and others. Your use of those third-party services is governed by their own terms and policies, and we are not responsible for them. Changes or outages in third-party services may affect the Service; we do not guarantee continuous availability.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR THAT ANY SPECIFIC RESULTS (FOLLOWERS, LEADS, REVENUE) WILL BE ACHIEVED. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FROST SOFTWARE LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, DATA, OR INSTAGRAM ACCOUNT ACCESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

12. Indemnification

You agree to indemnify, defend, and hold harmless Frost Software LLC and its affiliates, officers, members, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right (including Meta's policies), or (d) content you transmit through the Service.

13. Termination

We may suspend or terminate your access at any time, with or without cause, upon reasonable notice. You may terminate at any time by cancelling your subscription and deleting your account. Sections that by their nature should survive termination (ownership, disclaimers, limitation of liability, indemnification, governing law, dispute resolution) will survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

14.1 Binding arbitration (US residents)

If you are a US resident, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS (the Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules, conducted in Los Angeles County, California. Judgment on the arbitration award may be entered in any court of competent jurisdiction. You and we waive the right to a jury trial and to participate in class actions.

30-day opt-out: you may opt out of this arbitration agreement by emailing legal@elevion.cc within 30 days of first accepting these Terms. The email must include your full name and a clear statement of intent to opt out.

14.2 Venue (all other users)

If the arbitration clause above does not apply to you, you and we submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of any dispute.

15. Changes to the Terms

We may modify these Terms at any time. Material changes will be announced by email and by updating the "Last updated" date at the top of this document, at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

16. General

• Entire agreement. These Terms, together with the Privacy Policy and any subscription order, constitute the entire agreement between you and Frost Software LLC concerning the Service.
• Severability. If any provision is found unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce any provision is not a waiver of the right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by circumstances beyond our reasonable control (including platform outages, natural disasters, internet failures, and government actions).

17. Contact

Frost Software LLC
626 Wilshire Blvd, Suite 410-L44
Los Angeles, CA 90017
United States
Email: legal@elevion.cc
Phone: +1 (213) 776-3157