TERMS AND CONDITIONS
Last updated: November 2025
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. Salestax 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.
• Uploading or transmitting any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
• Interfering with, disrupting, or creating an undue burden on the Services or the networks
or services connected to the Services.
• Harassing, annoying, intimidating, or threatening any of our employees or agents
engaged in providing any portion of the Services to you.
• Attempting to bypass any measures of the Services designed to prevent or restrict access
to the Services, or any portion of 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.
• Except as may be the result of standard search engine or Internet browser usage, using,
launching, developing, or distributing any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or using or launching any unauthorized script or other software.
• Using a buying agent or purchasing agent to make purchases on the Services.
• Making any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretenses.
• 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
Privacy Policy 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. 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.
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. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
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. This
informal negotiation process shall begin once one Party provides written notice of the Dispute to
the other Party.
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. The arbitration proceedings will be conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where
applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA
Consumer Rules”), both of which are accessible via the AAA’s official website. The allocation
of arbitration fees and arbitrator compensation shall follow the guidelines outlined in the AAAConsumer Rules, and if the arbitrator determines that these costs are excessive, we will assume
full responsibility for all arbitration fees and expenses.
Arbitration may occur in person, through document submission, over the phone, or via an online
platform, as deemed appropriate. The arbitrator will issue a written decision but is not obligated
to provide an explanation unless explicitly requested by either party. The arbitrator must apply
all relevant laws, and any award issued may be challenged if the arbitrator fails to do so. Unless
otherwise required by applicable AAA rules or law, arbitration proceedings shall be conducted in
Houston, Texas. However, the parties may seek legal intervention in court to enforce arbitration,
suspend legal proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on
the arbitrator’s ruling.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Houston, Texas, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum no
convenience with respect to venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
Any Dispute related to the Services must be filed within one (1) year from the date the cause of
action arises. If this timeframe is deemed unenforceable or illegal, arbitration shall not be applied
to any Dispute falling within the unenforceable portion of this provision. Instead, such Disputes
shall be adjudicated in the courts identified above, and the Parties consent to the jurisdiction of
those courts.
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.
Exceptions to Informal Negotiations and Arbitration
The Parties acknowledge that certain types of Disputes are exempt from the informal negotiation
and arbitration requirements outlined above. Specifically, the following types of claims are not
subject to these provisions:
(a) Disputes seeking to protect, enforce, or determine the validity of a Party’s intellectual
property rights.
(b) Disputes relating to or arising from allegations of theft, piracy, invasion of privacy, or
unauthorized use of proprietary materials.(c) Claims requesting injunctive relief, such as court orders preventing an action from taking
place.
If any aspect of this provision is determined to be illegal or unenforceable, arbitration shall not
apply to the portion of the Dispute affected by such determination. Instead, the matter shall be
handled in a court of competent jurisdiction, as specified in the jurisdiction clause above, with
both Parties submitting to the authority of that court.
21. Electronic Communications, Transactions, and Signatures
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 (a
“Notification”).
All Notifications must meet the requirements of the Digital Millennium Copyright Act (DMCA)
17 U.S.C. § 512(c)(3) and include the following information:
1. 2. 3. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single Notification, a representative list of such
works.
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material.4. 5. 6. Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address.
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the Notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
23.1. Designated Copyright Agent: Eligant AI, LLC Attn: Copyright Agent Email:
support@eligant.tech
If you fail to comply with all of the requirements of this section, your DMCA Notification may
not be effective.
23.2. If you believe your own content was removed from the Services as a result of mistake or
misidentification, you may submit a written counter-notification to our Designated Copyright
Agent. Your counter-notification must include: (1) your physical or electronic signature; (2)
identification of the material that was removed; (3) a statement under penalty of perjury that you
have a good faith belief the material was removed by mistake; and (4) your name, address,
telephone number, and a statement of consent to the jurisdiction of the federal court in your
judicial district (or in Houston, Texas, if you are outside the U.S.).
23.3. We will, in appropriate circumstances, terminate the accounts of users who are determined
to be repeat infringers of copyright.
24. Contact Us
For any questions or concerns about these Terms, please contact us at: support@eligant.tech