Terms of Service
Please read these Terms of Service carefully before using ELATUM. By accessing or using the Service, you agree to be bound by these terms. If you do not agree, do not use the Service.
1. Definitions
Throughout these Terms, the following definitions apply:
- "ELATUM," "we," "us," or "our" refers to ELATUM, operated by Destin L Mincy.
- "Service" refers to the ELATUM platform, including the host dashboard, AI agent infrastructure, web chat interface, API, and all associated tools and features.
- "Host" refers to any property manager, operator, or individual who registers for and uses the Service to manage guest communications.
- "Guest" refers to any individual who interacts with the ELATUM AI agent through a Host's property channel (web chat or SMS).
- "Content" refers to any text, data, messages, property information, or other material submitted to or generated by the Service.
2. Acceptance and Eligibility
By creating an account, using the dashboard, or deploying the ELATUM agent on any property, you confirm that:
- You are at least 18 years of age
- You have the legal authority to enter into this agreement on behalf of yourself or any organization you represent
- Your use of the Service complies with all applicable laws and regulations in your jurisdiction
- You have the right to share any property information or content you upload to the Service
3. Description of Service
ELATUM provides an AI-powered guest communication platform for short-term rental hosts. The Service includes:
- An AI agent that responds to guest questions via web chat and SMS on behalf of the Host
- A host dashboard for managing properties, reviewing conversation history, and monitoring performance metrics
- QR code generation for property-specific guest access
- An API for advanced integrations (where applicable)
The Service is currently offered in early access. Features, pricing, and availability are subject to change. We will provide reasonable notice of material changes to registered Hosts.
4. Host Accounts and Responsibilities
Hosts are responsible for maintaining the security of their account credentials and for all activity that occurs under their account. You agree to:
- Provide accurate and complete information when registering and configuring properties
- Keep your account credentials confidential and notify us immediately of any unauthorized access
- Ensure that all property information, house rules, and knowledge base content you provide is accurate, lawful, and does not infringe on third-party rights
- Comply with all applicable laws governing your short-term rental operation, including local regulations, platform terms (Airbnb, VRBO, etc.), and privacy laws applicable to your guests
- Inform guests that AI-assisted messaging is used on your properties
- Not use the Service to misrepresent your property, engage in deceptive practices, or harm guests
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Transmit spam, unsolicited messages, or bulk communications not related to genuine guest support
- Harass, abuse, or harm any person
- Upload or transmit malicious code, viruses, or disruptive data
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Resell, sublicense, or white-label the Service without our express written permission
- Use the AI agent to provide legal, financial, medical, or emergency advice to guests
- Circumvent any rate limits, security controls, or usage restrictions
We reserve the right to suspend or terminate any account that violates these terms without prior notice.
6. AI Agent Limitations and Disclaimer
ELATUM's AI agent is designed for informational guest support only. It is not a substitute for emergency services, professional advice, or human judgment in critical situations.
You acknowledge and agree that:
- AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate for the context
- The Host remains fully responsible for the accuracy of property information and the quality of guest experience
- ELATUM does not guarantee that the AI agent will handle every guest interaction correctly or without error
- The AI agent should not be used as the sole point of contact for urgent safety or maintenance issues — Hosts should maintain a human escalation path for genuine emergencies
- ELATUM is not responsible for any harm arising from a guest acting on AI-generated responses
7. SMS and Third-Party Communications
The SMS features of ELATUM operate through Twilio. By enabling SMS functionality, you agree to:
- Comply with Twilio's terms of service and acceptable use policies
- Comply with all applicable telecommunications regulations, including the TCPA (Telephone Consumer Protection Act) and equivalent laws in your jurisdiction
- Ensure guests have provided appropriate consent to receive messages from your property's Twilio number
- Take responsibility for your own Twilio account, associated costs, and compliance obligations
ELATUM is not liable for any SMS delivery failures, carrier filtering, or costs incurred through your Twilio usage.
8. Intellectual Property
Our IP: All software, design, branding, AI models, and proprietary technology underlying the Service are owned by ELATUM. These Terms do not grant you any ownership interest in the Service.
Your Content: You retain ownership of all property information, knowledge base content, and other data you provide to the Service. By uploading content, you grant ELATUM a limited, non-exclusive license to use that content solely to provide the Service to you.
Feedback: Any suggestions or feedback you provide about the Service may be used by ELATUM to improve the platform without compensation or attribution to you.
9. Pricing and Payment
The Service is currently offered at no cost during the early access period. When paid plans are introduced, we will provide at least 30 days' advance notice to existing Hosts. Continued use after a paid plan takes effect constitutes acceptance of the applicable fees.
All fees, once paid, are non-refundable except where required by law or at our sole discretion. We reserve the right to modify pricing at any time with reasonable prior notice.
10. Termination
Either party may terminate the relationship at any time:
- By you: You may close your account and stop using the Service at any time by contacting info@destinlmincy.com.
- By us: We may suspend or terminate your account immediately and without notice if we believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the platform.
Upon termination, your access to the Service and all associated data will be discontinued. We may retain data for a limited period for legal and operational purposes as described in our Privacy Policy.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ELATUM DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy or completeness of any AI-generated content.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELATUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
In no event shall our total aggregate liability to you exceed the greater of (a) the amount you paid to ELATUM in the twelve months preceding the claim or (b) one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow certain limitations of liability; in such cases, the limitation shall apply to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless ELATUM, its operators, officers, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your property operations or guest interactions; or (d) any content you submit to the Service.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
You waive any right to participate in a class action lawsuit or class-wide arbitration.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date above. Material changes will be communicated to registered Hosts by email with at least 14 days' notice before taking effect. Continued use of the Service after changes are effective constitutes acceptance of the revised Terms.