Terms of Service

Acceptance of Terms

By accessing or using our website and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Social Elevation regarding your use of our website and services. Please read them carefully.

Services Provided

Social Elevation provides website design, development, social media management, SEO improvements, and maintenance services. All services are provided directly by Social Elevation. We utilize industry-standard practices and tools to deliver our services.

Please note that our Explore Features page may be temporarily unavailable as we are currently updating our website. We apologize for any inconvenience this may cause and appreciate your patience as we work to improve your experience.

Social Elevation reserves the right to modify its pricing structure and service fees at any time. For existing clients with ongoing service agreements, Social Elevation will provide a minimum of six (6) months' written notice before implementing any price increases. By continuing to use our services after the notice period, you accept and agree to the new pricing terms. If you do not agree to the new pricing, you may terminate your service agreement as outlined in the termination provisions of these Terms.

Intellectual Property and Ownership Rights

All content, designs, code, software, applications, databases, documentation, graphics, layouts, user interfaces, logos, social media content, marketing materials, campaign designs, and other materials produced or developed by Social Elevation ("Deliverables") remain the exclusive property of Social Elevation until full payment is received as specified in our agreement. Upon receipt of full payment, you are granted a limited, non-exclusive, non-transferable license to use the Deliverables solely for your internal business purposes. This license explicitly does not include the right to reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Deliverables without prior written consent from Social Elevation.

In the event of contract termination for any reason, including but not limited to your exercise of our 14-day money-back guarantee, partial payment, failure to pay, or mutual decision to end the business relationship, all intellectual property rights immediately and irrevocably revert to Social Elevation in their entirety. This includes all designs, code, content, social media posts, campaigns, and other materials created during the service period, regardless of the state of completion. You agree to immediately cease use of any materials provided, destroy all copies in your possession, and remove any implementations from your websites, social media accounts, systems, or third-party platforms within 48 hours of termination. You further agree to provide written confirmation of such actions upon request by Social Elevation.

Any domains, social media accounts, advertising accounts, hosting accounts, third-party services, software licenses, stock imagery, fonts, plugins, or other digital assets purchased, licensed, or acquired by Social Elevation during the course of providing services remain the exclusive and sole property of Social Elevation regardless of the status of the project or our business relationship. Ownership of these assets is not transferred under any circumstances except by explicit written agreement. Clients may purchase specific domains or other assets at a price determined solely by Social Elevation, which reserves the right to decline any such purchase request at its discretion. Transfer of ownership for any such assets will only occur after receipt of full payment of the agreed amount and execution of a separate transfer agreement. Any dispute regarding ownership of these assets shall be resolved in favor of Social Elevation.

For social media management services specifically, all content, designs, captions, hashtags, strategies, and analytics reports created by Social Elevation remain our intellectual property. Upon termination of services, you must cease using any content templates, strategies, or proprietary methods provided by Social Elevation. While you retain access to your social media accounts, all future posts must be created independently without using our proprietary systems or methodologies.

You acknowledge that you acquire no ownership rights whatsoever to any Social Elevation assets, intellectual property, or work products except as explicitly granted in a signed writing by an authorized representative of Social Elevation. You hereby waive any right to contest Social Elevation's ownership of its intellectual property or to bring any claims challenging such ownership. You further agree that any breach of these intellectual property provisions constitutes immediate and irreparable harm to Social Elevation, entitling Social Elevation to injunctive relief in addition to any other available remedies.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This includes, but is not limited to, business strategies, customer data, technical specifications, pricing information, marketing plans, social media strategies, campaign analytics, account access credentials, and any other information marked as confidential or that should reasonably be understood to be confidential.

This agreement constitutes a bidirectional non-disclosure agreement. Each party agrees not to disclose confidential information to any third party without prior written consent from the disclosing party. Both parties agree to protect the confidential information with the same degree of care used to protect their own confidential information, but no less than reasonable care.

For social media management services, you agree to maintain the confidentiality of any proprietary methods, strategies, content calendars, analytics insights, or posting methodologies shared by Social Elevation. Similarly, Social Elevation agrees to maintain the confidentiality of any sensitive business information, account credentials, or strategic initiatives shared by you.

The confidentiality obligations in this section shall survive the termination of our business relationship for a period of two (2) years.

Social Media Management Specific Terms

When utilizing our social media management services, you agree to the following additional terms:

1. You grant Social Elevation temporary and limited permission to access and manage your social media accounts for the sole purpose of providing the contracted services.
2. You are responsible for providing timely feedback, approvals, and content necessary for Social Elevation to perform its services effectively.
3. Social Elevation is not responsible for any changes made to your social media accounts by third parties or by you during the service period that may negatively impact performance.
4. Social Elevation will use commercially reasonable efforts to meet agreed-upon posting schedules, but cannot guarantee specific performance metrics or engagement rates.
5. You maintain ultimate responsibility for all content posted on your social media accounts, including compliance with each platform's terms of service, community guidelines, and applicable laws.
6. You represent and warrant that you have all necessary rights to any content, images, or materials you provide to Social Elevation for use in social media posts.
7. Upon termination of services, you will change all account passwords and revoke Social Elevation's access to your social media accounts within 48 hours.

Social Elevation reserves the right to refuse to post any content that we believe violates applicable laws, infringes on third-party rights, or could potentially damage our reputation or yours. We will notify you promptly of any such refusal.

User Obligations

When using our services, you agree to provide accurate information and comply with all applicable laws. You are responsible for maintaining the confidentiality of your account details and any passwords.

For social media management services, you agree to provide timely feedback, approve content calendars within requested timeframes, and promptly notify Social Elevation of any concerns with posted content or account access issues.

Disclaimers and Limitation of Liability

Our services are provided on an "as is" basis without any warranties, express or implied. Social Elevation disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Social Elevation be liable for any indirect, incidental, consequential, or punitive damages.

Social Elevation specifically disclaims any guarantees regarding social media engagement rates, follower growth, conversion rates, or other performance metrics as these outcomes depend on numerous factors outside our control, including but not limited to platform algorithm changes, market conditions, audience behavior, and competitor activities.

Social Elevation's total liability shall not exceed the amount paid by you for our services in the six months preceding any claim.

Indemnification

You agree to indemnify, defend, and hold harmless Social Elevation and its affiliates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of a third party, including but not limited to infringement of intellectual property rights, privacy rights, or defamation claims arising from content you provide to us for use in social media or website development.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms will be resolved exclusively in the courts located in British Columbia, Canada. You hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts.

Modifications to Terms

Social Elevation reserves the right to modify these Terms at any time at our sole discretion. Any changes will be posted on this page with an updated effective date, and your continued use of our services constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify you by email or through a notification on our website. It is your responsibility to review these Terms periodically.

Contact Information

If you have any questions regarding these Terms, please contact us at marisa@socialelevation.ca.