Terms of Service

These terms summarize the commercial relationship between Elitesgen, Inc. and the institutional customers who license our platform. Individual use of consumer products published at elitesgen.org is governed by separate terms posted there.

Who this covers

These terms apply to organizations that have executed an Order Form with Elitesgen, Inc. and to the authorized users who access the platform under that engagement. Personal or consumer use is out of scope for this document.

The relationship

The commercial relationship runs on three documents: the Master Services Agreement (MSA), one or more Order Forms, and, where relevant, a Statement of Work (SOW). The MSA sets the terms, the Order Form names the scope and price, and the SOW covers custom services.

Fees and billing

Fees are annual by default, invoiced on the Order Form schedule. We do not build surprise escalators into multi-year deals. Where contracts include a renewal CPI adjustment, it is disclosed on the Order Form, not buried in the MSA.

Refunds apply where the MSA commits to them (service credits for availability misses, prorated refunds on termination for material breach). We do not offer a general satisfaction refund, and we do not need to; customers who are not a fit can exit at renewal without friction.

Data ownership

Customer data belongs to the customer. We process it under the Data Processing Addendum to deliver the platform, generate the outputs the Order Form promises, and support the customer. We do not sell it, we do not use it to train models offered to other customers, and we do not use it for behavioral advertising.

Data return and deletion on termination are covered in the DPA. See /legal/dpa for the controller/processor structure.

Intellectual property

We retain ownership of the platform, the model, the documentation, and anything we create in the course of service delivery that is not a deliverable named in the Order Form. Customers retain ownership of their content, their users' content, and the cohort data they bring to the platform.

Feedback is welcome and may be used without obligation. We will not use customer logos or quote customers publicly without written permission.

Warranties and disclaimers

We warrant that the platform will perform materially in accordance with the published documentation. We do not warrant that the platform is error-free or that it will meet every regulatory requirement a customer might be subject to; customers remain responsible for their own compliance posture, informed by what we document and attest.

The platform is not a substitute for clinical care. Our AI companion is an ambient reflection layer, not therapy. Customers deploying in health-system settings should read /trust/compliance for the HIPAA posture.

Termination

Either party may terminate for uncured material breach on 30 days' notice. Customers may terminate for convenience at the end of a term; we honor the data export and deletion commitments in the DPA either way.

We do not build customer lock-in through data-export friction. Export formats are documented and available under normal, contract-aligned pricing.

Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. Disputes that cannot be resolved through good-faith discussion are addressed through binding arbitration in Delaware, or through the courts of that jurisdiction where arbitration is not appropriate. Public-sector engagements may substitute the governing law of the customer's jurisdiction by written agreement.

Changes to these terms

We post material changes at least 30 days before they take effect, with a diff that compares the new text to the current one. Non-material changes (typography, corrected cross-links) are made inline without notice.

Contact

Legal and commercial questions: sales@elitesgen.com. Privacy and data questions: privacy@elitesgen.com. The full MSA template lives at /legal/msa.