Terms of Service

Elvtera

AI-Powered Systems. Built Around Your Business.

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Elvtera website at https://elvtera.com and the services we provide. Elvtera is a technology brand operated by Collins Enterprise Solutions LLP (Tamil Nadu, India) and Josh Global Brands LLC (Florida, United States). The entity that contracts with you is identified in your proposal, quotation, invoice, contract, or order confirmation.

By accessing our website or engaging our services, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation.

2. Website Usage

You may use our website for lawful purposes only. You agree not to interfere with its operation, attempt to gain unauthorised access, scrape content without permission, or use it in any way that could damage or overload our systems. Content on the website is provided for general information and does not create a contractual obligation until a formal agreement is signed.

3. Client Responsibilities

To deliver our services effectively, we rely on your cooperation. You agree to:

• Provide accurate, complete, and timely information, materials, access, and approvals
• Nominate a responsible point of contact for the engagement
• Ensure you have the rights and permissions for any data, content, or credentials you share with us
• Review deliverables and provide feedback within agreed timeframes
• Comply with all laws that apply to your use of the solutions we build

Delays caused by missing information, late approvals, or restricted access may affect timelines and costs, and we are not responsible for those delays.

4. Service Agreements and Project Scope

The specific services, deliverables, timelines, and fees for each engagement are set out in a written proposal, quotation, statement of work, or contract ("Service Agreement"). Where these Terms conflict with a signed Service Agreement, the Service Agreement takes precedence for that engagement.

Any work outside the agreed scope is treated as a change request. Changes may require additional time and fees, which we will agree with you in writing before proceeding.

5. Payments

Fees are stated in the applicable Service Agreement, quotation, or invoice, and are exclusive of taxes unless stated otherwise. Invoices are issued by the appropriate legal entity based on your location.

Payment may be made through Bank Transfer, Stripe, Razorpay, Wise, PayPal, or UPI, as offered on your invoice. Unless agreed otherwise, invoices are due within the period stated on the invoice.

For project work, we commonly require an upfront deposit before work begins, with the balance payable at agreed milestones or on completion. Subscription and retainer fees are billed in advance for each billing cycle.

6. Late Payments

If an invoice is not paid by its due date, we may suspend work, pause access to services, and withhold deliverables until payment is received. We may also charge interest or a late fee on overdue amounts to the extent permitted by law. You remain responsible for reasonable costs we incur in recovering unpaid amounts.

7. Subscriptions

Some services are provided on a recurring subscription basis. Subscriptions renew automatically at the end of each billing cycle unless cancelled in line with Section 8 and our Refund and Cancellation Policy. Fees for subscriptions may change with reasonable prior notice, which will apply from the next billing cycle.

8. Termination

Either party may terminate an engagement as set out in the applicable Service Agreement. In the absence of specific terms, either party may terminate for convenience by giving written notice, and either party may terminate immediately if the other commits a material breach that is not cured within a reasonable period after notice.

On termination, you agree to pay for all work completed and expenses incurred up to the termination date. Provisions that by their nature should survive termination, such as those covering intellectual property, confidentiality, and liability, will continue to apply.

9. Intellectual Property

Our website content, branding, methodologies, internal tools, templates, and know-how remain our property. Nothing in these Terms transfers ownership of our pre-existing materials to you.

Third-party software, libraries, and platforms used in a project remain subject to their own licences, and you are responsible for complying with those licences for your ongoing use.

10. Source Code Ownership and Licensing

Ownership of custom deliverables is set out in your Service Agreement. As a general position, and subject to full payment of all fees:

• Custom source code and deliverables created specifically for you are assigned to you on final payment.
• We retain ownership of our pre-existing components, frameworks, reusable modules, and general know-how. Where these are embedded in your deliverables, we grant you a perpetual, non-exclusive licence to use them as part of the delivered solution.
• Open-source components remain governed by their respective licences.

Until all fees are paid in full, all deliverables remain our property and are licensed to you only for evaluation.

11. Warranty Disclaimer

We provide our services with reasonable skill and care. Except as expressly stated in a Service Agreement, our services and deliverables are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that services will be uninterrupted or error-free, that defects will be corrected outside agreed support terms, or that AI-generated outputs will be accurate, complete, or suitable for a particular use. AI systems can produce incorrect or unexpected results, and you are responsible for reviewing outputs before relying on them.

12. Limitation of Liability

To the maximum extent permitted by law, Elvtera and its legal entities are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to our services, even if we were advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or related to an engagement is limited to the total fees you paid to us for that specific engagement in the three months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless Elvtera, its legal entities, and its personnel from and against any claims, damages, losses, and expenses, including reasonable legal fees, arising out of your misuse of our services, your breach of these Terms, your violation of any law, or any content, data, or instructions you provide to us that infringe the rights of a third party.

14. Force Majeure

Neither party is responsible for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, pandemics, labour disputes, power or internet failures, and failures of third-party platforms or providers. The affected party will make reasonable efforts to resume performance as soon as practicable.

15. Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct discussion. If the dispute cannot be resolved informally within a reasonable period, it will be handled through the courts or dispute resolution mechanism specified by the governing law in Section 16.

16. Applicable Law

For customers contracting with Collins Enterprise Solutions LLP, these Terms are governed by the laws of India, and the courts of Tamil Nadu have jurisdiction.

For customers contracting with Josh Global Brands LLC and other international customers, these Terms are governed by the laws of the State of Florida, United States, unless otherwise agreed in writing, and the courts located in Florida have jurisdiction.

17. Confidentiality

Each party may receive confidential information from the other during an engagement. Both parties agree to keep such information confidential, to use it only for the purposes of the engagement, and to protect it with the same care they use for their own confidential information. This obligation continues after the engagement ends. It does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

18. Electronic Communications

You agree that we may communicate with you electronically, including by email, chat, and messaging platforms, and that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. Acceptance of proposals, quotations, and Service Agreements may be given electronically.

19. Entire Agreement

These Terms, together with the applicable Service Agreement, Privacy Policy, Cookie Policy, Refund and Cancellation Policy, Acceptable Use Policy, Service Level Agreement, and Data Processing Addendum, make up the entire agreement between you and Elvtera regarding your use of our website and services. They replace any prior understandings on the same subject. If any provision is found unenforceable, the rest remain in effect.

20. Contact

Email: hello@elvtera.com

Website: https://elvtera.com

Collins Enterprise Solutions LLP

1508C Devangar Nagar, Madhurapuri PO

Turaiyur, Tiruchirappalli

Tamil Nadu 621010, India

Josh Global Brands LLC

7901 4th Street North, Ste 300

St. Petersburg, FL 33702

United States