Terms of Use
Effective Date: February 01, 2025
These Terms of Use (“Terms”) govern your access to and use of
elitemediadm.com, our content, and our client systems including
the Elite Business Center portal (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) Acceptance of Terms
By using the Services, you represent that you are at least 18 years old and have authority to agree to these Terms on your own behalf or on behalf of your organization. If you access the Services for a company, you accept these Terms for that company and warrant you have authority to bind it.
2) Changes to Terms
We may modify these Terms at any time. Updates will be posted here with a revised “Effective Date.” Your continued use of the Services after changes are posted constitutes acceptance.
3) Eligibility & Geographic Availability
The Services are intended for lawful use by businesses and individuals located in jurisdictions where our offerings are permitted. We may refuse, suspend, or terminate access for any reason, including non-payment, abuse, or risk concerns.
4) Accounts, Security & Access
- Account Creation: You must provide accurate, complete information and keep it updated.
- Credentials: You are responsible for safeguarding your login and for all activity under your account. Notify us immediately of unauthorized use.
- Security: We employ industry-standard safeguards but cannot guarantee absolute security.
5) Elite Business Center (Portal) & White-Labeling
- Portal Use: Access to the Elite Business Center is provided for active clients and authorized users only. Credentials may not be shared, sold, or transferred.
- Permissions: We may provision roles/permissions at your request; you are responsible for your users’ actions and compliance with these Terms.
- White-Labeling: Any white-labeled instances provided to partners or resellers remain subject to these Terms and any applicable partner agreement. No right, title, or interest in our software or brand is transferred.
- Content & Data: You are responsible for content uploaded to the portal (contacts, creative, messages). You warrant you have all rights and consents required to use such content.
6) Subscriptions, Billing & Taxes
- Plans: Partnership tiers (Performance, Prestige, Dominion) and add-ons are billed per the pricing presented on the Services or in your agreement.
- Auto-Renewal: Unless stated otherwise, subscriptions renew automatically on a monthly basis until canceled.
- Payment Method: You authorize us and our processors to charge your card, ACH, or chosen method for recurring fees, overages (e.g., additional ad management), usage-based telecom costs, and applicable taxes.
- Invoices & Late Fees: Invoices are due upon receipt unless otherwise stated. We may assess late fees, suspend access, and/or pause campaigns for delinquent accounts.
- Third-Party Costs: Platform ad spend (e.g., Google/Meta/TikTok), printing, shipping, and telecom carrier fees are separate from subscription fees unless explicitly included.
7) Cancellations, Pauses & Refunds
- Cancel Anytime: You may cancel future renewals at any time. Cancellations take effect at the end of the current billing period; partial months are not refunded.
- Pauses: Pauses may be available at our discretion; fees may apply to maintain assets and configurations.
- Refunds: Fees already paid are non-refundable unless required by law or expressly stated in your written agreement.
8) SMS/Text Messaging
By providing a mobile number, you consent to receive SMS/MMS messages related to services, support, and promotions from Elite Media Digital Marketing at (561) 247-1004. Message frequency varies. Standard message and data rates may apply. Reply “STOP” to opt out; “HELP” for help. We do not sell or share SMS consent data with third parties for their marketing. You are responsible for obtaining end-user consent for any SMS you initiate via our systems and for complying with applicable laws and carrier policies (including TCPA, CTIA, and carrier guidelines).
9) Acceptable Use
You agree not to, and not to allow others to:
- Use the Services for unlawful purposes or to violate any law, regulation, or platform policy.
- Upload or transmit infringing, defamatory, fraudulent, or harmful content, malware, or spam.
- Scrape, reverse engineer, bypass security, or attempt to access non-public areas.
- Send unsolicited or harassing communications, or violate consent/opt-in requirements.
- Misuse phone/SMS features, caller ID, or opt-out mechanisms.
- Copy, frame, or mirror any part of the Services without written permission.
10) Intellectual Property
- Our IP: The Services, including software, designs, text, graphics, logos, and content, are owned by or licensed to Elite Media Digital Marketing and are protected by IP laws. No rights are granted except the limited right to access and use the Services per these Terms.
- Marks: ELITE MEDIA DIGITAL MARKETING and related marks are our trademarks. You may not use our marks without written consent.
11) User Content & License
- Your Content: You retain ownership of content you upload or provide. You grant us a worldwide, non-exclusive, royalty-free license to host, use, modify, reproduce, and display such content solely to operate, improve, and provide the Services and to fulfill your instructions.
- Feedback: If you submit feedback, you grant us a perpetual, irrevocable license to use it without restriction or compensation.
12) Confidentiality
Each party may access the other’s confidential information. The receiving party will use such information only to perform obligations hereunder and will protect it using reasonable care. Confidentiality does not apply to information that is public, independently developed, or rightfully obtained from a third party without duty of confidentiality.
13) Privacy
Our collection and use of personal information is described in our
Privacy Policy. By using the Services, you consent to our privacy practices.
14) Third-Party Services & Links
The Services may integrate with third-party platforms (e.g., Google, Meta, payment processors, telecom carriers). Your use of such platforms is governed by their terms. We are not responsible for third-party content, policies, or actions.
15) Disclaimers
- As-Is: The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- No Guaranteed Results: Marketing results vary. Any performance figures (e.g., ROAS, traffic, or conversion rates) are illustrative, not guarantees.
- Downtime: We strive for availability but do not guarantee uninterrupted access.
16) Limitation of Liability
To the fullest extent permitted by law, Elite Media Digital Marketing and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if advised of the possibility. Our total aggregate liability for claims arising out of or related to the Services will not exceed the amounts paid by you to us in the three (3) months preceding the event giving rise to the claim.
17) Indemnification
You agree to defend, indemnify, and hold harmless Elite Media Digital Marketing and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your content or misuse of the Services; (b) your violation of these Terms; or (c) your violation of laws or third-party rights.
18) Suspension & Termination
- We may suspend or terminate access immediately for suspected violations of these Terms, non-payment, security risks, or illegal activity.
- Upon termination, your right to use the Services ceases. We may provide a reasonable window to export your data upon written request, subject to account standing and applicable law.
19) Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, labor disputes, outages, cyberattacks, or actions of third-party platforms or carriers.
20) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. The parties agree to exclusive jurisdiction and venue in the state and federal courts located in Palm Beach County, Florida. Each party waives any objection to such courts based on inconvenient forum.
21) Assignment, Entire Agreement & Severability
- Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Entire Agreement: These Terms, together with any order forms, SOWs, and policies referenced herein (including the Privacy Policy), constitute the entire agreement and supersede prior discussions.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No Waiver: Our failure to enforce a provision is not a waiver.
- Electronic Communications: You consent to receive notices electronically.
Thank you for choosing Elite Media Digital Marketing. We’re forged by loyalty and driven by growth.
