1. AGREEMENT TO TERMS

Last updated: 14th June, 2025

These Terms and Conditions, together with the Service Agreement, constitute a legally binding agreement made between the Client identified in the Service Agreement and Elevayte AI Pty Ltd ("Elevayte"), concerning Client's access to and use of the https://www.elevayte.ai website (the "Site") and related software services (the "Services"). Client agrees that by accessing the Site or using the Services, they have read, understood, and agreed to be bound by all of these Terms and Conditions. Elevayte reserves the right, in its sole discretion, to modify these Terms and Conditions at any time. Updated Terms will be posted on the Site. Continued use of the Site or Services after any updates constitutes Client's acceptance of those changes.

2. CLIENT ACCESS AND CLIENT DATA Elevayte grants Client a non-exclusive, non-transferable right to access and use the Site and Services during the term, strictly for internal business purposes. Elevayte will provide necessary credentials for access. Unless otherwise agreed in writing, no more than five (5) authorized users are permitted. Client retains all rights to its data. Client grants Elevayte a worldwide, royalty-free license to use, reproduce, display, and process Client data solely to deliver the Services. Insights and learnings generated by Elevayte’s AI models, including adaptations derived from Client data, shall remain Elevayte’s intellectual property.

3. ELEVAYTE INTELLECTUAL PROPERTY RIGHTS Client acknowledges that Elevayte owns all intellectual property in and to the Services, including source code, databases, designs, content, and trademarks ("Elevayte IP"). Client shall not (i) copy, alter, or create derivative works; (ii) distribute, license, or make available the Services to third parties; (iii) reverse-engineer, decompile, or attempt to access source code; or (iv) remove proprietary markings.

4. CLIENT REPRESENTATIONS By using the Site, Client represents that:

(1) all submitted registration information is accurate and current;

(2) Client will keep their information updated;

(3) Client will comply with these Terms;

(4) Site access will be via human means only;

(5) Client will not use the Site or Services for unlawful purposes;

(6) Client’s use complies with all laws; and

(7) Client has obtained all necessary consents from leads or customers under applicable laws (including the Spam Act 2003) before permitting Elevayte to contact them.

Elevayte may suspend or terminate access for any misrepresentation or breach.

5. CLIENT REGISTRATION Client must register to use the Services. Client is responsible for maintaining account confidentiality. Elevayte may modify or remove inappropriate usernames at its discretion.

6. CONFIDENTIALITY Each party agrees to protect the other's confidential information using no less than reasonable care. Confidential information includes trade secrets, strategies, non-public data, and terms of this agreement. Exceptions apply for publicly available information or disclosures required by law. Confidentiality obligations last for three (3) years.

7. CANCELLATION Either party may cancel the agreement with 30 days' written notice. Client agrees to pay for all Services, including booked appointments, incurred up to the termination date.

8. PROHIBITED ACTIVITIES Client agrees not to:

Harass or harm others using information from the Site;

Violate laws using the Site;

Upload malicious software;

Use scripts, bots, or data scraping tools;

Impersonate users or Elevayte staff;

Disrupt the Site or its systems;

Compete with Elevayte using its tools or data;

Reverse engineer Site code.

9. WARRANTIES AND WARRANTY DISCLAIMERS Elevayte warrants that the Services comply with applicable Australian laws and are free of known malware. OTHERWISE, THE SERVICES ARE PROVIDED "AS IS". ELEVAYTE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT.

10. SUBMISSIONS Client agrees that any feedback or suggestions sent to Elevayte become Elevayte's sole property. Elevayte may use these submissions without compensation or acknowledgment.

11. PRIVACY POLICY Elevayte respects data privacy. See our Privacy Policy at https://www.elevayte.ai/privacy-policy. By using the Site, Client consents to data processing in Australia.

12. TERMINATION BY ELEVAYTEElevayte may deny access, terminate accounts, or remove content if Client breaches these Terms or any law, or at Elevayte’s sole discretion. Re-registration after termination is not permitted. Elevayte reserves legal remedies.

13. MODIFICATIONS AND INTERRUPTIONS Elevayte may update or discontinue the Site or Services at any time. We are not liable for downtime, delays, or data loss. There is no obligation to update or maintain any part of the Site.

14. GOVERNING LAW These Terms and any disputes are governed by the laws of Western Australia. The UN Convention on Contracts for the International Sale of Goods does not apply.

15. DISPUTE RESOLUTIONInformal Negotiations: Parties agree to attempt good faith resolution of any disputes within thirty (30) days before escalating.

Binding Arbitration: Unresolved disputes will be resolved via arbitration under ACICA rules. The venue shall be Perth, WA. Each party bears its own legal costs unless awarded otherwise by the arbitrator.

Exceptions: Claims involving IP rights or injunctions may go directly to court.

16. CORRECTIONS The Site may contain typographical or factual errors. Elevayte may update content without notice.

17. LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEVAYTE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR DATA LOSS. LIABILITY IS LIMITED TO FEES PAID BY CLIENT TO ELEVAYTE IN THE PREVIOUS SIX (6) MONTHS.

18. INDEMNIFICATION Elevayte shall indemnify Client against IP infringement claims arising from use of the Services. Client shall indemnify Elevayte against any third-party claims relating to misuse, legal violations, or breach of these Terms. Elevayte reserves the right to control the defense.

19. DATA SECURITY / RESTRICTIONS ON USE Elevayte employs physical, technical, and administrative safeguards aligned with Australian Privacy Principles. We do not share or sell Client data. Data is used only to deliver Services.

20. DATA BACKUPS. While Elevayte performs regular backups, Client is responsible for maintaining their own records. Elevayte disclaims liability for any data loss.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Client agrees that all communications, agreements, notices, and electronic signatures via the Site satisfy legal requirements. Client waives any rights to require non-electronic records.

22. FORCE MAJEURE Neither party is liable for delays caused by circumstances outside their control, including natural disasters, war, internet outages, or government restrictions. The affected party must notify the other and resume performance promptly.

23. MISCELLANEOUSThese Terms and related documents constitute the entire agreement. No waiver of rights is implied. Invalid provisions are severable. No agency, joint venture, or employment relationship is created. Elevayte may assign its rights at any time.

24. CONTACT ELEVAYTE

Elevayte.AI

Wicca street Perth, Western Australia

jon@elevayte.ai

61 483 956 696