1. Acceptance of Terms

Welcome to Eligant AI llc ("Company," "we," "us," "our"). By accessing or using our services, including our website www.eligant.tech (the "Site") and any related products or services that link to these terms (collectively, the "Services"), you agree to comply with these Terms and Conditions ("Terms"). If you do not agree with these Terms, please discontinue use of our Services immediately.

2. Intellectual Property Rights

Unless otherwise stated, the Services, including all content, features, and functionality, are our proprietary property or that of our licensors. This includes, but is not limited to, all text, graphics, logos, images, and software. These are protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited license to access and use the Services for your personal or internal business purposes. Any unauthorized use of the Services or content is prohibited.

3. User Representations

By using the Services, you affirm that:

All registration information you submit is accurate and up-to-date.
You will maintain the accuracy of such information and promptly update it as necessary.
You have the legal capacity to agree to these Terms and comply with them.
You are not a minor in your jurisdiction of residence.
You will not access the Services through automated or non-human means.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable laws or regulations.

4. User Registration

You may be required to register to use certain features of the Services. You agree to keep your password confidential and are responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username if we determine it is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept various forms of payment, which will be specified during the purchase process. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information to ensure transactions can be completed and contact can be made as needed. Sales tax will be added as required. Prices are subject to change at our discretion. All payments must be made in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. Your Shop Data & Ownership

6.1. We want to be clear that you are the owner of all data you input into the Services. This includes your customer lists, vehicle service histories, invoices, estimates, and all related business information ("Shop Data"). We claim no ownership over your Shop Data.

6.2. To provide the Services to you, you grant Eligant an unlimited, non-exclusive, worldwide license to access, use, host, copy, and modify your Shop Data. This license is solely for the purpose of (a) operating, providing, and improving the Services for you, (b) providing customer support, and (c) generating anonymized, aggregated data for our internal analytics, which will never identify you, your shop, or your customers.

6.3. Your data is yours, and you can take it with you. If you cancel your subscription, you may request an export of your Shop Data. We will make your Shop Data available for you to download in a standard format (such as .csv) for a period of thirty (30) days following your cancellation. After this period, we may permanently delete your Shop Data in accordance with our data retention policies.

7. Subscriptions, Free Trials, & Payment

7.1. Our Services are provided on a subscription basis for a set term ("Subscription Term"), typically monthly. Your Subscription Term will automatically renew for successive, equivalent periods unless you cancel your subscription prior to the end of the current term.

7.2. We may offer a free trial for certain Services. If you sign up for a free trial, we will automatically begin to bill your payment method on the first day following the end of the trial period, unless you cancel beforehand.

7.3. You agree to provide current, complete, and accurate purchase and account information. We accept various forms of payment. All payments must be in US dollars. Prices are subject to change, but we will provide you with reasonable notice of any price changes. Sales tax will be added as required. We reserve the right to correct any pricing errors.

7.4. You may cancel your subscription at any time. To cancel, please contact support@eligant.tech or cancel via your account settings. Your cancellation will take effect at the end of your current paid Subscription Term.

7.5. All purchases are non-refundable. Payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods. If you are unsatisfied, please contact us at support@eligant.tech.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Systematically retrieving data or other content from the Services to create a collection, compilation, database, or directory without our written permission.
Deceiving or misleading us and other users, especially in attempts to obtain sensitive account information such as user passwords.
Circumventing, disabling, or interfering with security-related features of the Services.
Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Services.
Using information obtained from the Services to harass, abuse, or harm another person.
Making improper use of our support services or submitting false reports of abuse or misconduct.
Using the Services in a manner inconsistent with any applicable laws or regulations.
Engaging in unauthorized framing of or linking to the Services.
Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Engaging in any automated use of the system, such as scripts to send comments or messages, or using data mining, robots, or similar data gathering tools.
Deleting the copyright or other proprietary rights notice from any content.
Attempting to impersonate another user or person or using the username of another user.
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
Copying or adapting the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Services.
Using the Services as part of any effort to compete with us or otherwise using the Services and/or the content for any revenue-generating endeavor or commercial enterprise.

We reserve the right to terminate your use of the Services or delete your account without warning if you violate any prohibited activities.

9. User Generated Contributions

If you submit, upload, or post any content (e.g., reviews, comments, images, or suggestions), you agree that:

You own the rights to the content or have permission to share it.
Your content does not violate laws, regulations, or third-party rights.
We have the right to use, modify, and distribute your content without compensation.
We reserve the right to remove or edit any user-generated content at our discretion.

10. Contribution License

This section applies only to "User Generated Contributions" as defined in Section 9 (such as public reviews, comments, or suggestions) and does not apply to your "Shop Data" (as defined in Section 6), which is governed by the limited license in Section 6.2.

By posting your Contributions to any public part of the Services, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, modify, publish, distribute, publicly display, and perform your Contributions for any lawful purpose.

You waive any claims and assertions of moral rights or attribution regarding your Contributions. We are not responsible for any statements or content provided by users in Contributions. You are solely responsible for your Contributions, and you expressly agree to indemnify and hold us harmless for any liability, claims, or losses arising from them.

11. Third-Party Websites and Content

The Services may contain links to third-party websites, services, or applications that are not owned or controlled by us. We do not endorse, monitor, or verify the accuracy or reliability of any third-party content. You acknowledge and agree that we are not responsible for any content, terms, policies, or practices of third-party sites. If you choose to access third-party websites through our Services, you do so at your own risk.

12. Services Management and Termination

We reserve the right, at our sole discretion, to:

Monitor the Services for violations of these Terms.
Take legal action against anyone who violates the law or these Terms.
Refuse, restrict, or limit access to the Services for any user at any time, without prior notice or liability.
Remove or disable any content that is deemed inappropriate or violates these Terms.

If we suspend or terminate your account, you are prohibited from re-registering under a different name or account.

13. Privacy Policy & DPA

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, and disclose your data. By using the Services, you agree to our data practices as outlined in our Privacy Policy, available on our website.

To the extent you are a "Controller" of your customers' data, you also agree to the terms of our Data Processing Addendum (DPA), which is hereby incorporated by reference into these Terms.

14. SMS and MMS Usage Policy

Each subscription plan includes up to 400 outbound text messages per month, at no additional charge. Messages can include appointment confirmations, reminders, status updates, and marketing messages sent through the Eligant platform.

Fair Usage Policy

Your monthly allowance includes a combination of SMS and MMS messages. A typical mix of text and occasional photo messages (MMS) is expected and included. Eligant reserves the right to monitor messaging patterns and may recommend a custom plan for businesses that consistently exceed normal usage or rely heavily on photo messaging.

If your business exceeds 400 outbound messages in a given month, additional messages are available at $4 per 200 text messages (billed automatically to your payment method). Eligant will notify you inside your dashboard when you reach 90% of your monthly messaging limit and again before any overage charges are incurred.

15. Service Availability and Modifications

15.1. We understand that your business relies on our Services. We will use commercially reasonable efforts to keep the Services operational and accessible to you.

15.2. You acknowledge that the Services may be interrupted from time to time for scheduled maintenance, emergency maintenance, or due to other causes beyond our reasonable control (such as power outages, internet service provider failures, or force majeure events).

15.3. We will use reasonable efforts to provide you with advance notice of any scheduled maintenance that we anticipate will result in significant downtime. For emergency maintenance, we may not be able to provide such notice.

15.4. We reserve the right, at our sole discretion, to modify, enhance, or discontinue all or part of the Services at any time, with or without notice.

15.5. Our team's number one priority is to keep your shop online and running smoothly, 24/7. While we include standard 'AS IS' legal protections, please know that our operational goal is to keep your service fast, secure, and reliable. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or as a result of any modification or discontinuance of the Services. Nothing in this section shall be interpreted as a guarantee of uninterrupted access.

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

19. Governing Law

These Terms shall be governed and interpreted under the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts of the State of Texas.

20. Dispute Resolution

Informal Negotiations

To facilitate a swift resolution and minimize costs associated with any dispute, controversy, or claim arising under these Legal Terms (each referred to as a "Dispute" and collectively, "Disputes"), both you and we (individually, a "Party" and together, the "Parties") agree to engage in informal negotiations before pursuing arbitration. Unless explicitly stated otherwise below, the Parties shall make a good-faith effort to resolve any Dispute through direct discussions for a minimum period of thirty (30) days before initiating formal arbitration proceedings.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal discussions, the matter shall be conclusively and exclusively settled through binding arbitration, except in cases explicitly excluded below. BY AGREEING TO THIS PROVISION, YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Restrictions

The Parties mutually agree that arbitration will be strictly limited to the specific Dispute between them. To the fullest extent permitted by law: (a) Arbitration shall not be combined with any other legal proceeding. (b) No Dispute may be resolved using class-action arbitration or class-action procedures. (c) No Dispute may be brought in a representative capacity on behalf of the public or any other individuals.

21. Electronic Communications

By using our Services, you consent to receive communications electronically, including agreements, notices, disclosures, and other communications. You also agree that electronic signatures, contracts, and records shall carry the same legal weight as physical signatures.

22. Miscellaneous

These Terms constitute the entire agreement between you and us concerning the Services. Our failure to enforce any provision shall not be considered a waiver of our rights.

22.1. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22.2. We may assign any or all of our rights and obligations to others at any time. You may not assign or transfer your rights or obligations under these Terms to any other person or entity without our prior written consent.

23. Copyright Infringement (DMCA Policy)

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below.

Designated Copyright Agent:

Eligant AI, LLC

Email: support@eligant.tech

24. Contact Us

For any questions or concerns about these Terms, please contact us at: support@eligant.tech