Terms of Use | Elevated Marketing Minds

These Terms of Use ("Terms") are an agreement between you (and the business you represent) and Elevated Marketing Minds LLC ("EMM," "we," "us," or "our"). They apply to elevatedmarketingminds.com, our client platform, and all services we provide.

By using our website, creating an account, signing a proposal, or paying for our services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use our services.

Who can use our services: Our services are for businesses run by adults. By using them, you confirm you are at least 18 years old and have the authority to agree to these Terms for your business.

Signed proposals: If you sign a proposal, statement of work, or service agreement with us, that document also applies. If it conflicts with these Terms, the signed document controls for that project.

1. Our Services

EMM provides business systems and automation support, mainly for wellness coaches and practitioners. Our services include:

Platform access (DIY): a subscription to our all-in-one business platform, which you set up and run yourself
Done-With-You (DWY): guided setup and support while you build alongside us
Done-For-You (DFY): we build and manage systems for you
Project work: website builds, brand development, and systems setup, as described in your proposal

Our platform is built using licensed third-party technology. We may update, improve, or change features at any time. We will give reasonable notice before removing a feature you rely on.

Affiliate program: Our affiliate and referral program is governed by a separate Affiliate Agreement.

2. Your Account

Give us accurate information and keep it up to date.
Keep your login details private. You are responsible for activity under your account, including your team members' activity.
Tell us right away if you think someone has accessed your account without permission.
Do not resell, sublicense, or give others access to our platform unless we agree in writing.
Keep private any non-public information we share with you, such as pricing, internal processes, or technical details.

3. Payments, Cancellations, and Refunds

Prices are listed on our website or in your proposal, in U.S. dollars, plus any applicable tax. Subscriptions renew automatically until you cancel. Payments are non-refundable, and you keep access until the end of your current billing period after cancelling.

For full details on cancellations, free trials, and refunds, please see our Refund Policy.

4. Project Work (Websites, Branding, and Systems Setup)

Scope: Each project follows the scope in your proposal. Work outside that scope is quoted separately before we begin.
Your part: You agree to provide content, logins, approvals, and feedback on time. Delays on your side may shift the timeline.
Timelines: Dates we share are good-faith estimates, not guarantees.
Revisions: Your proposal lists the number of revision rounds included. Extra rounds may be billed.
Inactive projects: If we do not hear from you for 30 days, we may pause your project. Restarting may require a new timeline and fee.
Ownership: Once you pay in full, you own the final custom content we create for you, such as your logo, brand files, and website copy. We keep ownership of our templates, tools, processes, and platform. We may show the finished work in our portfolio unless you ask us not to.
Hosting: Websites built on our platform are hosted by us for a monthly fee. Your site stays live while your hosting is active. If hosting ends, we can help you export the content we are able to provide.

5. Acceptable Use and Messaging Rules

You agree not to:

Use our services for anything illegal, deceptive, harmful, or harassing
Send spam or unsolicited messages
Upload viruses or try to hack, copy, scrape, or disrupt our website or platform
Infringe on anyone else's copyright, trademark, or privacy
Promote illegal products, pyramid schemes, or misleading health or income claims

When you send emails or texts through our platform, you are responsible for following the law, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and mobile carrier rules. This means:

Only message people who have given you permission
Never use purchased, rented, or scraped contact lists
Include a working unsubscribe option in marketing emails and honor STOP requests for texts
Honor opt-out requests promptly, within 10 days or sooner if the law requires
Include your business name and a valid mailing address in marketing emails
Keep your own privacy policy published and up to date

We may suspend messaging or your account if your activity puts our services, our sending reputation, or other customers at risk.

6. Your Data and Content

You own your data. This includes your contacts, client records, and content you upload. You give us permission to use it only to provide and support our services.
You are responsible for collecting your contacts' information legally and getting any consent you need.
Sensitive information: Our platform offers HIPAA-compliant features for clients who need them. If you handle protected health information (PHI), you must request HIPAA setup and sign a Business Associate Agreement (BAA) with us before storing any PHI. Without a signed BAA, do not upload PHI. You are responsible for using the platform in a HIPAA-compliant way, such as limiting access and using secure forms. Never upload Social Security numbers, full card numbers, or bank account numbers.
Backups: We take reasonable steps to protect your data, but we recommend you keep your own copies of important information.
After cancellation: You can request an export of your data before your account closes. We may delete account data after a reasonable period once your account ends.

7. Intellectual Property and Testimonials

Our website content, name, logo, templates, trainings, and platform belong to EMM. You may not copy, resell, or reuse them without our written permission.
We give you a limited, non-transferable right to use our platform and materials for your own business while your account is active.
If you share a testimonial, review, or feedback, you allow us to use it (with your name and business name) in our marketing. We may lightly edit for length or grammar without changing its meaning. You can ask us to stop using it at any time going forward.

Copyright concerns: If you believe content on our website infringes your copyright, email [email protected] with the details and we will review it promptly.

8. Results, Warranties, and Liability

Results vary. Every business is different. We do not guarantee any specific income, number of clients, sales, or other results. Our services support your business, and your results depend on your effort, offers, and market. We do not provide legal, tax, financial, or medical advice.

No warranties. Our website, platform, and services are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, including fitness for a particular purpose. We do not promise the platform will be error-free or uninterrupted, and we are not responsible for outages or changes caused by third-party tools (such as email providers, social media platforms, or mobile carriers).

Limitation of liability. To the fullest extent allowed by law, EMM is not liable for indirect or consequential damages, such as lost profits, lost data, or lost business. Our total liability for any claim is limited to the amount you paid us in the 3 months before the claim arose.

Indemnification. You agree to cover EMM's costs (including reasonable legal fees) if a claim is brought against us because of your content, your messages, your misuse of our services, or your violation of these Terms or the law.

9. Resolving Disputes

Talk to us first. If a concern comes up, email [email protected]. We will work in good faith to resolve it within 30 days.
Arbitration. If we cannot resolve it informally, either side may request binding arbitration through the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Maryland or by video. Either side may still use small claims court for eligible claims.
Individual claims only. Claims must be brought individually, not as part of a class or group action.
Governing law. These Terms are governed by the laws of the State of Maryland. Any court action allowed under these Terms will be filed in the state or federal courts located in Maryland.
Time limit. Claims must be brought within one year after they arise, unless the law requires a longer period.

10. Termination and General Terms

Termination. We may suspend or end your access if you break these Terms, misuse our services, or do not pay. Where reasonable, we will give notice first. You remain responsible for any unpaid balance.

General terms:

Changes: We may update these Terms. We will post the new version here and update the date above. For major changes, we will notify active clients by email. Continued use means you accept the updated Terms.
Electronic communication: You agree we may send notices, agreements, and receipts electronically, and that electronic signatures are binding.
Events outside our control: We are not responsible for delays caused by things beyond our reasonable control, such as outages, natural disasters, or third-party failures.
Assignment: You may not transfer your account or these Terms without our written consent. We may transfer them as part of a business change.
Severability: If any part of these Terms is found unenforceable, the rest still applies.
No waiver: If we do not enforce a term right away, we can still enforce it later.
Entire agreement: These Terms, our Privacy Policy, and any signed proposal are the full agreement between you and EMM.

11. Contact Us

Questions about these Terms? We are here to help.

Elevated Marketing Minds LLC
Email: [email protected]
Phone: (443) 274-4370
Mail: P.O. Box 11881, Gwynn Oak, MD 21207