Terms of Use

These Terms of Use ("Terms") govern your access to and use of the ElevatePCO platform, including the website at elevatepco.com, our software, dashboards, and related services, including any SMS/text messaging programs we operate (collectively, the "Service"). ElevatePCO ("we," "us," or "our") provides the Service subject to these Terms.

By accessing or using the Service, or by providing your consent to receive text messages from us, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Service.

1. Eligibility and Accounts

You must be at least 18 years of age and able to form a legally binding contract to use the Service. You must provide accurate and complete information when creating an account and are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

2. SMS / Text Messaging Program Terms

These SMS terms apply to ElevatePCO's text messaging program and are provided in accordance with applicable Application-to-Person (A2P) messaging requirements, including CTIA guidelines and mobile carrier (A2P 10DLC) policies. By providing your mobile phone number and opting in, you agree to the terms in this Section 2.

2.1 Program Description

When you opt in to the ElevatePCO messaging program, you may receive SMS/text messages related to your account and our services, such as operational reminders and notifications (for example, task, schedule, payroll, and inventory reminders), account and onboarding notifications, and important account updates. Message frequency varies. We do not send messages containing content related to sex, hate, alcohol, firearms, or tobacco ("SHAFT").

2.2 Consent and Opt-In

You opt in to receive text messages by submitting your mobile phone number through a web form, during account setup, by texting a designated keyword to our number, or by otherwise expressly providing your number and agreeing to be contacted. Consent to receive marketing or promotional text messages is not a condition of purchasing any goods or services. Message frequency varies based on your account activity and the notifications you have enabled.

2.3 Message and Data Rates

Message and data rates may apply to each message sent or received, depending on your mobile carrier and plan. You are responsible for any such charges. ElevatePCO is not responsible for charges imposed by your wireless carrier.

2.4 Opt-Out (STOP)

You can cancel the SMS program at any time by texting STOP to the number from which you received our messages. After you send STOP, we will send a one-time confirmation message and will no longer send you SMS messages from that program, unless you opt in again. You may continue to receive messages for a short period while your request is processed.

2.5 Help (HELP)

For help or more information about the messaging program, text HELP to the number from which you received our messages, or contact us at support@elevatepco.com.

2.6 Supported Carriers and Delivery

Supported carriers may change, and we do not guarantee that messages will be delivered to your device. Carriers (including, but not limited to, T-Mobile, AT&T, and Verizon) are not liable for delayed or undelivered messages.

2.7 Privacy of Mobile Information

No mobile information (including your phone number and SMS opt-in or consent data) will be shared with or sold to third parties or affiliates for their own marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third parties. See our Privacy Policy for full details on how we handle your information.

3. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to sublicense, redistribute, or resell the Service or any part thereof.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, or malicious purpose
• Send unsolicited messages or use the Service to violate any applicable messaging, anti-spam, or telemarketing laws (including the TCPA and CAN-SPAM Act)
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Copy, modify, or create derivative works based on the Service
• Rent, lease, lend, sell, sublicense, or transfer access to the Service to any third party
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Attempt to gain unauthorized access to the Service, other user accounts, or related systems or networks
• Use the Service to store or transmit malicious code, viruses, or harmful data

5. Third-Party Integrations

The Service integrates with third-party platforms, including Intuit QuickBooks Online and FieldRoutes. By connecting these accounts, you authorize us to access and use the associated data solely to provide the Service. Your use of those platforms is also subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or actions of third-party services.

6. Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, store, and protect your information, including mobile and SMS opt-in data. You are responsible for ensuring you have all necessary rights and permissions to share data with us through the Service.

7. Intellectual Property

The Service, including all software, content, designs, trademarks, and documentation, is the exclusive property of ElevatePCO or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. You retain ownership of the data you provide to or access through the Service.

8. Fees and Payment

Access to the Service may require payment of fees as described on our website or in a separate order form. All fees are non-refundable unless otherwise stated. We reserve the right to change fees upon reasonable notice. Failure to pay may result in suspension or termination of your access.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR ANY MESSAGE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR DELIVERED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATEPCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless ElevatePCO and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your messaging activity, your violation of these Terms, or your violation of any rights of a third party or any applicable law.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, upon notice to you. You may terminate your account at any time by contacting us or opt out of messaging as described in Section 2.4. Upon termination, your license to use the Service will immediately cease. Sections 7, 9, 10, 11, and 14 shall survive termination.

13. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Effective Date" above. If changes are significant, we will provide additional notice. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Utah.

15. Contact Us

If you have questions about these Terms or our messaging program, contact us at:

ElevatePCO
Email: support@elevatepco.com
Website: elevatepco.com