Terms of service

Who we are and what these terms cover

These terms are an agreement between you and Elvatio by Eliot Höpfner ("Elvatio", "we", "us"), based in Switzerland. We build websites and business systems for contractors and other local businesses in the United States. By booking a call, paying for a plan or using our website or services, you agree to these terms.

"You" means the business (and the person acting for it) that signs up. If you cannot bind your business to a contract, please do not sign up on its behalf. You can reach us at info@elvatiodigital.com.

Our Privacy policy explains how we handle personal information. It is part of these terms.

What we provide

We build and run a website and related systems for your business, depending on the plan you choose. Depending on the plan, that can include a website, text-back to people who contact your business, an inbox app, a business phone number, review requests, Comeback Campaigns to your past customers, on-site SEO, a Google Business Profile and ad management.

The contents of each plan are the ones listed on our pricing page and in the offer we agree with you. If a feature is not listed for your plan, it is not part of your plan.

We use third-party platforms to provide the services (see the Privacy policy for the main ones). We may improve or replace the tools behind the services as long as the plan you bought keeps working substantially as described.

Plans, pricing and billing

We offer three plans. Prices are in US dollars.

• There is no upfront fee. You pay the plan price and nothing else to us.
• Payments are handled by Stripe. We do not see or store your full card number.
• Monthly plans renew every month until you cancel. Yearly plans renew every year at the same 30% discount until you cancel.
• The price you sign up at stays the same for your current billing period. If we change prices, we tell you in writing at least 30 days before the change applies to you.
• If a payment fails, we may pause or stop the services until it is made.
• Taxes, if any apply to your purchase, are added at checkout.

Ad spend (Growth plan)

The Growth plan includes ad management. The money that runs the ads (ad spend) is not part of the plan price. You pay ad spend directly to the ad platform (for example Meta or Google) with your own account and card. We do not collect it, hold it or mark it up.

You control your ad budget. The platforms set their own rules and prices, and they can reject, limit or stop ads at any time. We are not responsible for what a platform charges or decides.

Cancelling, refunds and your website

Cancelling

• Monthly plans: you can cancel at any time. Email us at info@elvatiodigital.com or use the billing link we give you. Cancellation takes effect at the end of the month you already paid for.
• Yearly plans: you can cancel at any time to stop the next renewal. Your plan runs until the end of the year you paid for.

Refunds

• We do not give refunds for time already paid, and we do not give refunds on yearly plans, with one exception: if the problem is our error (something we got wrong, or something that does not work because of us), we refund the affected amount.

What happens when you cancel

• Your website is taken down when your plan ends.
• Your account with us is closed. That includes the business phone number we set up for you, because the number lives in our account. You lose it.
• Comeback Campaigns and other scheduled texts stop.
• Your domain stays yours. It is registered in your own account, so it is not affected. We do not buy domains for you. If you have no domain, we help you get one in your own account.
• If you want to keep your website, you can buy it out for a one-time payment of $400. We then hand over the site so you can host it elsewhere. Ask us before your plan ends.

Comeback Campaigns run for one year and then stop.

What we do not promise

We build tools that help you get found and answer people faster. We do not promise results. We do not guarantee leads, calls, customers, jobs, search rankings, reviews, revenue or any return on your ad spend. Results depend on your business, your market, your work and things we do not control, such as search engines and ad platforms.

The services are provided "as is" and "as available", without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement, to the extent the law allows. We do not promise that the services will be uninterrupted or free of errors.

Your responsibilities

• You give us the content we need (text, photos, logos, business details, licenses). We build with what you send. You are responsible for its accuracy and for having the right to use it.
• You are responsible for your own customer lists, including having the right to contact the people on them by text and keeping their consent on record.
• You are responsible for what you tell your customers, your prices, your work, your licenses and insurance, and for following the laws that apply to your business.
• Keep your account details and passwords safe, and tell us if you think someone else has access.
• Tell us promptly if something is wrong with your website or systems so we can fix it.

Acceptable use

You agree not to use the services to:

• break any law, including laws on advertising, consumer protection, privacy, and telephone and text marketing (such as the TCPA);
• text or call people who did not agree to it, buy or rent contact lists, or send messages that are deceptive, threatening or abusive;
• send content about illegal drugs, weapons, adult material, gambling or anything else that carriers or platforms prohibit;
• post fake reviews, or ask for reviews only from customers you expect to be happy;
• infringe someone else's rights, spread malware, or interfere with the services or other customers.

We can suspend or end the services right away if you break this section or if a carrier or platform requires it.

Ownership and your content

• You keep everything you give us: your content, logo, photos, customer information and your domain. You give us permission to use it to build and run the services for you, and to show your website as an example of our work unless you ask us not to.
• We keep our systems: our templates, code, designs, tools, processes and know-how, and anything we create that is not specific to your business. While you are a customer, you may use the website and systems we make for you in your business. Apart from the $400 buyout, nothing here transfers ownership of them to you.
• If you send us feedback or ideas about our services, we may use them without owing you anything.

SMS program terms

These terms cover text messages sent through the systems we set up and text messages we send to you. They apply to US mobile numbers.

What texts are sent

• Text-back: a reply sent for a business to a person who contacted it, for example after a quote request or a missed call, depending on the plan. The reply comes from the business's own number.
• Review requests: a text asking a customer to leave a review for the business.
• Campaign texts: messages from a business to its past customers (Comeback Campaigns), sent about every couple of months for one year.
• Service texts: notices to you, such as bookings and onboarding steps, when you give us your number.

Consent and your choices

• By giving your mobile number on a form and agreeing to texts, you agree to receive these texts from the business you contacted and from us on its behalf.
• Consent is not a condition of any purchase.
• Message frequency varies. Message and data rates may apply.
• To stop, reply STOP to any text. For campaign texts you can also reply BYE. You get one confirmation and then no more texts.
• For help, reply HELP or email info@elvatiodigital.com.
• Carriers are not liable for delayed or undelivered messages.

We do not share or sell mobile numbers or text message consent with third parties or affiliates for marketing purposes. See the Privacy policy for details.

If you are a customer who sends texts through our systems, you also agree to "Your responsibilities" and "Acceptable use" above. That includes having consent from every person you text.

Limits on our liability

To the maximum extent the law allows:

• We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, leads, data or business, even if we were told they might happen.
• Our total liability for any claim related to the services is limited to the amount you paid us in the 12 months before the event that caused the claim.
• We are not liable for problems caused by third parties, such as carriers, phone providers, ad platforms, search engines, payment processors or hosting providers.

Nothing in these terms limits liability that cannot be limited by law. You agree to cover claims third parties bring against us because of your content, your customer lists or your breach of these terms.

Ending the services

You can cancel as described above. We can end or suspend the services if you do not pay, break these terms, or if we stop offering the services. If we end the services for a reason that is not your fault, we refund any prepaid amount for the time you will not receive them. Sections that by their nature should continue (payment, ownership, liability, governing law) continue after the services end.

Governing law

These terms are governed by the laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Disputes are handled by the courts of Switzerland, unless a mandatory rule of law where you live says otherwise. Before you start a claim, email us and give us 30 days to try to fix the problem.

Changes to these terms

We may update these terms. When we make a material change, we post the new version here with a new "last updated" date and email you at least 30 days before it applies to you. If you keep using the services after that date, you accept the new terms. If you do not agree, you can cancel before it applies.

Contact

Elvatio by Eliot Höpfner, Switzerland. Email: info@elvatiodigital.com. We answer in US time zones, 10 a.m. to 8 p.m. Eastern.