Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by elev8.io LLC ("elev8," "Company," "we," "us," or "our"), including our website at elev8.io, marketing platform, and growth services, you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

If you do not agree with these Terms, do not use our services. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance of the updated Terms.

2. Description of Services

elev8 provides behavioral health growth services including but not limited to: digital marketing campaign management (paid search, paid social, SEO), admissions enablement consulting, call tracking and attribution technology, CRM consulting, web development, and business intelligence dashboards. Specific services are defined in each client's Statement of Work (SOW) or service agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes to active clients.

3. Client Responsibilities

As a client of elev8, you agree to:

• Provide accurate and timely information necessary for service delivery, including facility details, census data, and marketing assets
• Maintain ownership and control of your advertising accounts (Google Ads, Meta Business Manager, etc.) and grant elev8 appropriate access
• Respond to reasonable requests for approvals, feedback, and information within agreed-upon timelines
• Comply with all applicable laws and regulations governing your facility, including HIPAA, state licensing requirements, and advertising regulations
• Ensure that all content, claims, and representations provided to elev8 for use in marketing materials are accurate and compliant with applicable regulations

4. Payment Terms

Fees for services are outlined in each client's service agreement or SOW. Unless otherwise specified, invoices are issued monthly and due within 30 days of the invoice date. Late payments may incur a fee of 1.5% per month on the outstanding balance.

Media spend (ad budgets paid directly to advertising platforms) is separate from elev8 management fees. Clients are responsible for funding their advertising accounts directly. elev8 does not control or guarantee advertising costs set by third-party platforms.

We reserve the right to suspend services for accounts with balances overdue by more than 60 days.

5. Intellectual Property

elev8 retains ownership of all proprietary tools, methodologies, templates, frameworks, and technology developed in the course of providing services, including but not limited to the elev8 platform, the One Way™ alumni engagement app, attribution models, and reporting dashboards. elev8.io™, elev8media™, elev8tech™, elev8sales™, and One Way™ are trademarks of elev8.

Clients retain ownership of their brand assets, facility-specific content, and data. Marketing materials created specifically for a client (ad copy, landing pages, graphics) are owned by the client upon full payment. Campaign performance data and analytics are available to the client at all times and will be provided in full upon termination.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. Confidential information includes business strategies, financial data, census data, marketing performance data, trade secrets, and any information marked as confidential.

This obligation survives termination of the agreement for a period of three (3) years. Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.

7. Limitation of Liability

elev8 provides marketing and technology services on a best-efforts basis. We do not guarantee specific outcomes including census levels, admission volumes, cost-per-acquisition targets, or revenue results. Marketing performance is influenced by many factors outside our control, including market conditions, facility reputation, insurance contracts, staffing, and competition.

To the maximum extent permitted by law, elev8's total liability under these Terms shall not exceed the total fees paid by the client in the twelve (12) months preceding the claim. In no event shall elev8 be liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost data.

8. Indemnification

You agree to indemnify, defend, and hold harmless elev8 and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your breach of these Terms, your violation of applicable laws, or any content or information you provide that infringes on third-party rights.

9. Termination

Either party may terminate the service agreement with 30 days written notice after the initial engagement period specified in the SOW. Upon termination, elev8 will provide all client-owned data, campaign assets, and performance reports within 15 business days.

elev8 may terminate services immediately if the client breaches these Terms, fails to make payment for 60+ days, or engages in conduct that is illegal or harmful to our reputation. Outstanding fees remain due upon termination.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms or the services provided shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Florida, and the decision of the arbitrator shall be final and binding.

11. Miscellaneous

These Terms, together with the applicable service agreement and SOW, constitute the entire agreement between the parties. If any provision is found to be unenforceable, the remaining provisions shall continue in full force. Our failure to enforce any right or provision does not constitute a waiver. These Terms may not be assigned without our prior written consent.

12. Contact

For questions about these Terms, contact us at:

• elev8
• Email: [email protected]
• Website: elev8.io