TERMS AND CONDITIONS

elymant.com

Effective Date: January 1, 2025  |  Last Updated: April 29, 2025

Please read these Terms and Conditions (“Terms”) carefully before using the services provided by Elymant (“Company,” “we,” “us,” or “our”) accessible at elymant.com. These Terms govern your access to and use of our website, digital marketing services, and social media management SaaS platform (collectively, the “Services”).

By creating an account, clicking “I Agree,” or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business, agency, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

1. Definitions

For the purposes of these Terms:

• “Account” means the unique account you create to access the Services.

• “Agency” means a digital marketing agency using the Services to manage client social media accounts.

• “Client” means the end client of an Agency whose social media accounts are managed through the Services.

• “Content” means any text, images, videos, links, data, or other material that you upload, post, or manage through the Services.

• “Platform” means the Elymant SaaS application for social media management.

• “Subscription” means your paid plan granting access to specific features and usage limits.

• “User” means any individual who accesses the Services under your Account, including team members and sub-users.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

2.2 Account Registration

To access the Platform, you must register for an Account. You agree to:

• Provide accurate, current, and complete registration information

• Maintain and promptly update your account information

• Keep your login credentials confidential and not share them with unauthorized parties

• Notify us immediately at [email protected] of any unauthorized use of your Account

• Accept responsibility for all activities that occur under your Account

Elymant reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion.

3. Description of Services

3.1 Digital Marketing Services

Elymant provides digital marketing consultancy and execution services including, but not limited to, social media strategy, content creation, paid advertising management, analytics reporting, and campaign optimization.

3.2 SaaS Platform

The Elymant Platform is a cloud-based social media management tool that enables:

• Scheduling and publishing content across multiple social media platforms

• Managing multiple social media accounts from a single dashboard

• Monitoring social media performance and generating analytics reports

• Collaboration between team members and client management

• Multi-workspace management for agencies serving multiple clients

• Content calendar planning and approval workflows

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of Services.

4. Subscriptions, Fees, and Payment

4.1 Subscription Plans

Access to the Platform requires a paid Subscription. Available plans, features, and pricing are described on our website at elymant.com/pricing. We reserve the right to modify pricing with 30 days’ notice.

4.2 Billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorize Elymant to charge your payment method on a recurring basis until you cancel.

4.3 Free Trials

We may offer free trials at our discretion. At the end of a free trial, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends.

4.4 Refund Policy

All fees are non-refundable except as required by applicable law or as expressly stated in a separate agreement. If you believe you have been charged in error, contact [email protected] within 14 days of the charge.

4.5 Late Payments

Unpaid invoices may result in suspension or termination of your Account. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum permitted by law, whichever is lower.

5. Acceptable Use Policy

By using the Services, you agree NOT to:

• Violate any applicable laws, regulations, or third-party rights

• Use the Services to send spam, unsolicited messages, or misleading communications

• Infringe any intellectual property rights, including copyright, trademark, or trade secrets

• Upload or distribute malware, viruses, or any malicious code

• Attempt to gain unauthorized access to our systems or other users’ accounts

• Engage in data scraping, crawling, or automated access beyond permitted API use

• Use the Services to publish content that is defamatory, obscene, hateful, or discriminatory

• Misrepresent your identity or impersonate any person or entity

• Interfere with or disrupt the integrity or performance of the Services

• Circumvent any access controls, usage limits, or security measures

• Resell or sublicense access to the Services without our prior written consent

Elymant reserves the right to investigate and take appropriate action against violations, including suspending or terminating accounts and reporting to law enforcement authorities.

6. Third-Party Social Media Platforms

Our Platform integrates with third-party social media platforms including, but not limited to, Meta (Facebook/Instagram), Twitter/X, LinkedIn, TikTok, Pinterest, and YouTube. By connecting these accounts, you agree to:

• Comply with the terms of service of each social media platform

• Grant Elymant the necessary permissions to manage content on your behalf

• Ensure you have the authority to connect accounts (including client accounts)

Elymant is not responsible for actions taken by social media platforms, including changes to their APIs, suspension of accounts, or alterations to platform policies. We do not guarantee continued compatibility with any third-party platform.

For agencies: You represent that you have obtained all necessary authorizations from your clients to connect and manage their social media accounts through our Platform.

7. Intellectual Property

7.1 Elymant’s IP

The Services, including all software, design, text, graphics, logos, and other content created by Elymant, are owned by or licensed to Elymant and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

7.2 Your Content

You retain ownership of all Content you upload or create using the Services. By using the Services, you grant Elymant a limited, non-exclusive, royalty-free license to host, process, and display your Content solely to provide the Services to you.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant Elymant a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

8. Confidentiality

Each party may have access to confidential information of the other party. Both parties agree to maintain the confidentiality of such information and not disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of these Terms for a period of 3 years.

9. Data, Privacy, and Security

Your use of the Services is also governed by our Privacy Policy, incorporated herein by reference. For agency customers, Elymant acts as a data processor with respect to your clients’ data. You, as the Agency, are the data controller and are responsible for ensuring a lawful basis for processing client data.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. Elymant will implement reasonable security measures but cannot guarantee absolute security.

10. Agency and Multi-Client Terms

If you use Elymant as an Agency to manage multiple client accounts:

• You are solely responsible for obtaining all necessary permissions from your clients to use the Services on their behalf

• You are responsible for ensuring your clients’ compliance with these Terms

• You must not represent to clients that you own or developed the Elymant platform as your own proprietary tool (white-label arrangements require a separate written agreement)

• You are responsible for all fees incurred under your account regardless of client payment to you

• Client data must be managed in compliance with applicable data protection laws

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

11.2 No Guarantee of Results

Elymant does not guarantee specific marketing results, social media growth, engagement rates, or revenue outcomes from use of our Services. Digital marketing results vary based on many factors outside our control.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELYMANT’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO ELYMANT IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL ELYMANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elymant and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Services in violation of these Terms

• Your Content or any content posted through your Account

• Your violation of any third-party rights, including social media platform terms

• Your clients’ claims arising from services you provide using our platform

13. Term and Termination

13.1 Term

These Terms remain in effect from the date you first access the Services until terminated by either party.

13.2 Termination by You

You may cancel your Subscription and terminate your Account at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period.

13.3 Termination by Elymant

We may suspend or terminate your Account immediately, with or without notice, if you:

• Breach any provision of these Terms

• Engage in conduct that we determine, in our sole discretion, to be harmful to other users or our business

• Fail to pay applicable fees after 14 days’ notice

13.4 Effect of Termination

Upon termination, your right to access the Services ceases immediately. You may request a data export within 30 days of termination. After this period, we may delete your data in accordance with our Privacy Policy.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Services shall be resolved through good-faith negotiation first. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of [Applicable Arbitration Body], conducted in [City, Country]. Class action lawsuits are waived to the extent permitted by law.

15. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any applicable Service Level Agreement or Order Form, constitute the entire agreement between you and Elymant regarding the Services.

Severability

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

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Elymant may assign these Terms without restriction.

Force Majeure

Elymant shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party platform failures.

Notices

All legal notices to Elymant should be sent to [email protected] or our registered business address.

Updates to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days’ notice of material changes via email or platform notification. Continued use after the effective date constitutes acceptance.

16. Contact Information

For questions about these Terms, please contact:

• Email: [email protected]

• Support: [email protected]

• Website: https://elymant.com/contact

By using Elymant’s Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

elymant.com