ERMS OF USE

Last Updated: July 1, 2025

These Terms of Use ("Terms") govern your use of the platform and services provided by Elevate Capital & Co Inc. ("Company," "we," "us," or "our"). By accessing or using our services, you ("you," "your," or "User") agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS

By accessing our website, platform, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

2. DESCRIPTION OF SERVICES

Our platform provides comprehensive life insurance agent services that connect licensed life insurance professionals with potential customers seeking life insurance products and financial protection solutions ("Leads"). Our services include:

• Life insurance lead generation and distribution
• Qualified prospect identification and verification
• Life insurance product consultation and recommendations
• Policy application assistance and processing support
• Client relationship management and follow-up services
• Compliance monitoring and regulatory reporting
• Sales training and professional development resources
• Marketing automation tools for life insurance agents

3. ELIGIBILITY AND REGISTRATION

3.1 Eligibility Requirements
To use our services, you must:
• Be at least 18 years of age
• Hold valid insurance licenses in the states where you conduct business
• Be legally authorized to enter into binding contracts
• Maintain active errors and omissions insurance coverage
• Comply with all applicable federal, state, and local laws and regulations

3.2 Account Registration
• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must promptly update your account information if it changes
• You may not share your account with others or allow unauthorized access

4. LEAD SERVICES

4.1 Lead Generation
• We generate leads through various marketing channels and methods
• Lead quality and conversion rates may vary and are not guaranteed
• We make reasonable efforts to provide leads that match your specified criteria
• All leads are provided on an "as-is" basis

4.2 Lead Distribution
• Leads may be distributed to multiple Insurance Professionals
• Distribution priority may be based on factors including subscription level, response time, and performance metrics
• We reserve the right to modify distribution algorithms and criteria

4.3 Lead Contact Requirements
• You must contact leads promptly and professionally
• You are responsible for compliance with all applicable telemarketing laws
• You must honor all Do Not Call requests and maintain your own suppression lists
• You may not use leads for any purpose other than offering insurance products and services

5. USER RESPONSIBILITIES AND RESTRICTIONS

5.1 Compliance Obligations
You agree to:
• Comply with all applicable laws, including TCPA, TILA, state insurance regulations, and consumer protection laws
• Maintain all required licenses and certifications
• Obtain appropriate consent before contacting leads
• Honor all Do Not Call registrations and requests
• Maintain accurate records of all lead contacts and outcomes

5.2 Prohibited Activities
You may not:
• Share, sell, or transfer leads to third parties
• Use leads for purposes other than insurance sales
• Contact leads outside of permitted hours (8 AM - 9 PM local time)
• Make false or misleading statements to leads
• Engage in high-pressure or deceptive sales tactics
• Violate any applicable laws or regulations
• Interfere with or disrupt our services
• Attempt to reverse engineer or copy our platform

6. PAYMENT TERMS

6.1 Fees and Billing
• Fees are based on your selected service plan and lead volume
• Payment is due in advance on a monthly or annual basis as specified
• We may charge additional fees for premium features or services
• All fees are non-refundable except as expressly stated in our Refund Policy

6.2 Lead Refunds
• Refunds may be available for leads that fail to meet our quality standards
• Refund requests must be submitted within 72 hours of lead delivery
• Refunds are subject to verification and our sole discretion
• Specific refund criteria are outlined in our Lead Quality Standards

7. INTELLECTUAL PROPERTY

7.1 Our Rights
• Our platform and all related trademarks, logos, and content are our property
• Our platform, algorithms, and methodologies are proprietary and confidential
• You receive only a limited license to use our services as described herein

7.2 Your Content
• You retain ownership of content you provide to us
• You grant us a license to use your content to provide our services
• You represent that you have the right to provide any content you submit

8. DATA PROTECTION AND PRIVACY

• We process personal data in accordance with our Privacy Policy
• You are responsible for obtaining appropriate consent from leads
• You must comply with all applicable data protection laws
• We may monitor communications for quality and compliance purposes

9. SERVICE AVAILABILITY

• We strive to maintain 99% uptime but do not guarantee uninterrupted service
• We may perform maintenance that temporarily affects service availability
• We are not liable for service interruptions beyond our reasonable control

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE DO NOT GUARANTEE LEAD QUALITY, CONVERSION RATES, OR BUSINESS RESULTS
• YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF OUR SERVICES

11. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your interactions with leads or customers
• Your insurance sales activities
• Any content you provide to us

12. TERMINATION

12.1 Termination by You
• You may cancel your account at any time with 30 days' notice
• Cancellation does not entitle you to refunds of prepaid fees
• You remain bound by these Terms regarding past activities

12.2 Termination by Us
We may terminate or suspend your account immediately if you:
• Violate these Terms or applicable laws
• Fail to pay fees when due
• Engage in fraudulent or harmful activities
• Lose required licenses or insurance coverage

13. DISPUTE RESOLUTION

13.1 Informal Resolution
Before filing any legal action, you agree to contact us at [email protected] to attempt informal resolution.

13.2 Binding Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration shall be conducted in San Diego, California.

13.3 Class Action Waiver
You waive any right to participate in class action lawsuits against us.

14. GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15. MODIFICATIONS

We may modify these Terms at any time by posting updated Terms on our website. Continued use of our services after modifications constitutes acceptance of the new Terms.

16. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. CONTACT INFORMATION

For questions about these Terms, contact us at:

Elevate Capital & Co Inc.
11526 Meadow Grass Ln
San Diego, CA 92128, United States
Email: [email protected]