Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are between you and simplecois, the operator of Elevate Agency and its EchoDrop features ("we," "us," or the "Service"). By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

We may update these Terms as described in Section 22. Your continued use after an update constitutes acceptance of the revised Terms.

2. Description of Elevate Agency

Elevate Agency is a platform of business tools for insurance professionals. Depending on your plan and deployment, the Service may include features for managing business and AI-voicemail outreach (including through EchoDrop), contact and campaign management, reputation and review management, business intelligence and analytics, sales training, virtual receptionist workflows, and related productivity tools.

The specific features available to you depend on your subscription and configuration. Features described here or on our marketing site may not be available in your deployment, may be in preview, or may require additional configuration. We do not guarantee that any specific feature, integration, or result will be available or will meet your business objectives. The Service is provided on an "as is" and "as available" basis.

EchoDrop ringless-voicemail capabilities, when included, allow you to: enroll and clone a voice from a recording you are authorized to provide; generate voicemail audio from text; upload and manage contact lists; create personalized campaigns; deliver ringless voicemails through delivery providers; and track campaign delivery status. Other Elevate tools are described in-app and in help documentation.

3. Eligibility and Account Registration

You must be able to form a legally binding contract to use the Service, and you must provide accurate, complete registration information. You may use the Service only for yourself or for an organization you are authorized to represent. You may not use the Service if you are under 18 years of age.

Account registration may be handled through our authentication provider (Clerk) or other approved methods. We may verify, suspend, or require additional information for accounts that appear incomplete or inconsistent.

4. Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including campaigns created, contacts uploaded, messages sent, business information provided, and integrations you connect. Notify us promptly of any unauthorized use. We are not responsible for losses arising from your failure to secure your credentials.

5. Authorized Use

You may use the Service only for lawful business purposes consistent with these Terms and any plan or documentation we provide. You will use the Service in compliance with all applicable laws and will obtain and maintain any permissions, consents, or licenses required for your use, including for voices, contact data, and message content.

6. Prohibited Use

• Fraud, scams, phishing, or distribution of malware;
• Impersonation of any person without authorization;
• Cloning, using, or distributing a synthetic voice without explicit authorization from the voice owner;
• Deceptive caller identity, spoofing, or misleading sender information;
• Harassment, abuse, or unlawful discrimination;
• Unlawful telemarketing or messaging, including purchased, scraped, or non-consensual contact lists;
• Circumventing authentication, rate limits, suppression, or other protective mechanisms;
• Reverse engineering, scraping, or overloading the Service beyond documented limits;
• Violating privacy, publicity, or intellectual-property rights; or
• Using the Service to provide legal advice, insurance advice, or guaranteed outcomes.
• Uploading, storing, submitting, or transmitting Protected Health Information or other regulated medical information unless EchoDrop has expressly authorized that use and all legally required agreements and safeguards are in place.

7. Third-Party Services and Integrations

We use service providers to deliver the Service, including Clerk for authentication, Convex for application data and storage, Vercel for hosting, Slybroadcast for voicemail delivery, Cartesia and/or ElevenLabs for voice features, PostHog for analytics, and the payment processor shown at checkout, where active. They process information on our behalf for their respective functions. Customer-connected services, such as Google, calendars, and customer-authorized applications, are separate integrations you choose to connect. See the Privacy Policy for details.

8. Google Services

Certain features may allow you to connect or interact with Google services (for example, Google Sign-In or Google Workspace integrations). Your use of Google services remains subject to applicable Google terms, policies, and user-consent requirements. This section does not replace the detailed Google-data disclosures in our Privacy Policy; please review that Policy for information about Google user data access, use, storage, and sharing.

You represent that you have the authority to grant any Google permissions you authorize and that your use complies with Google's API Services User Data Policy and related requirements.

9. AI-Powered Features

The Service may include AI-powered features (for example, voice cloning, text-to-speech, draft generation, receptionist, or training tools). AI outputs are generated by automated systems and may be inaccurate, incomplete, or outdated. We do not guarantee the accuracy, quality, or suitability of any AI output. You are responsible for reviewing AI-generated content before use. AI features are not a substitute for professional judgment and do not constitute legal, insurance, financial, or other regulated advice. Elevate Agency does not provide legal advice. You will not use AI features to create deceptive or misleading communications.

10. User Content and Business Information

You retain rights to the content, business information, contact and recipient data, scripts, recordings, and other materials you provide to the Service ("User Content"). You grant us a limited license to host, store, process, and display User Content as needed to operate, secure, and improve the Service and as described in the Privacy Policy. You represent that User Content does not violate these Terms, applicable law, or any third-party right and that you have obtained all required consents for voices, contact data, and communications.

11. Communications Features

If you use calling, voicemail, texting, email, review-management, or other communications features, you are solely responsible for ensuring each communication complies with applicable law. Ringless voicemail delivered to consumer wireless numbers is subject to the Telephone Consumer Protection Act (TCPA). The fact that a voicemail is delivered "ringlessly" does not eliminate consent requirements. Prerecorded or artificial-voice telemarketing may require prior express consent and, in many cases, prior express written consent. Federal and state Do-Not-Call rules, the FTC Telemarketing Sales Rule, and state mini-TCPA laws may also apply.

You agree you will:

• obtain all legally required consent before contacting any recipient;
• comply with the TCPA, Telemarketing Sales Rule, Do-Not-Call rules, and all applicable federal, state, and local laws;
• honor opt-out and do-not-contact requests promptly, including via suppression lists in the Service;
• maintain consent records as required by law;
• not use purchased, scraped, or non-consensual lists unlawfully; and
• not send fraudulent, deceptive, abusive, or unlawful messages.

We do not determine whether your consent or campaign is legally sufficient, do not provide legal advice, and do not guarantee compliance. EchoDrop does not scrub against the federal National Do Not Call Registry and provides manual suppression only. You remain solely responsible for compliance and for any consequences of your communications.

12. Compliance Responsibilities

You remain responsible for your own legal and regulatory obligations when using the Service, including obligations arising from insurance, marketing, calling, texting, email, review-management, business-intelligence, sales-training, and AI functionality. You will not rely on the Service as a guarantee of compliance, regulatory approval, sales results, lead generation, Google ranking, review outcomes, or uninterrupted availability.

13. Subscription and Billing

Paid plans recur according to the billing interval shown at checkout until canceled. Your plan determines your voicemail allowance for each billing period. Only successfully delivered drops count toward that allowance; failed or dropped attempts do not. Retries that succeed count when delivered. Unused allowance expires at the end of its period and does not roll over. When the allowance is exhausted, additional sends and retries are blocked until the next period or a plan change makes capacity available. Plan changes and applicable charges are shown before confirmation. The checkout and billing account show taxes and payment details.

Cancellation scheduled for the end of a paid period leaves access and ordinary Customer Content available through the paid-through date. When the subscription entitlement actually becomes inactive, we begin a Customer Content deletion workflow, subject to the narrow legal and compliance retention described in the Privacy Policy. Refund treatment depends on the applicable checkout or written purchase terms; these Terms do not establish an additional refund entitlement. Do not rely on unpublished pricing or allowances described outside the Service or these Terms.

14. Intellectual Property

The Service, including its software, design, and documentation (excluding User Content), is owned by Elevate Agency and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription or authorized use, subject to these Terms. You may not copy, modify, reverse-engineer, or create derivative works of the Service except as permitted by law.

15. Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use and incorporate that feedback without obligation or compensation.

16. Service Availability and Modifications

We may modify, suspend, or discontinue any part of the Service, including features, integrations, or plan offerings, at any time. We do not guarantee any specific feature, delivery outcome, sales result, or that the Service will be uninterrupted or error-free. We may perform maintenance, impose usage limits, or change providers as needed to operate the Service.

17. Suspension and Termination

We may suspend or terminate your access for unlawful use, suspected abuse, activity that creates regulatory or delivery risk, violation of these Terms, or security threats, with or without notice where appropriate. You may stop using the Service at any time. Upon termination, your right to use the Service ends; provisions that by their nature should survive will survive, including those relating to User Content permissions, payment obligations, disclaimers, limitations of liability, and indemnification.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, 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 that any voicemail or other communication will be delivered. The Service does not guarantee AI accuracy, compliance, availability, or any business outcome such as sales, leads, or Google ranking. Nothing in this section excludes a warranty that cannot legally be excluded.

19. Limitation of Liability

To the maximum extent permitted by law, Elevate Agency and its operators, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the Service. Our aggregate liability arising out of or relating to the Service will not exceed the greater of one hundred U.S. dollars (US$100) or the amounts you paid to us for the Service in the twelve months preceding the claim. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Elevate Agency and its operators from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your campaigns, message content, recipient data, AI inputs or outputs, voice use, or your violation of these Terms or of any law or third-party right.

21. Governing Law

These Terms are between you and simplecois. They are governed by the laws of North Carolina, excluding conflict-of-law rules. Subject to applicable law, disputes will be brought in state and federal courts located in Wake County, North Carolina.

22. Changes to Terms

We may update these Terms; the current version is always posted at this URL with its effective date and version. If changes are material, we will provide reasonable notice (for example, by updating the effective date or providing in-app notice). Your continued use after an update constitutes acceptance.

23. Contact Information

Questions about these Terms may be sent to support@simplecois.com.