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These Terms of Service ("Terms") are a legal agreement between you ("you" or "your") and Elevate Marketing Inc. ("Elevate," "we," "us," or "our"). They govern your access to and use of our website at launchwithelevate.com, our marketing and growth services, and the software applications we operate, including internal tools such as our advertising operations dashboard (together, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Services on behalf of an organization, you confirm that you are authorized to accept these Terms on its behalf. If you do not agree, do not use the Services.
Some applications have their own additional terms (for example, our End-User License Agreement for our accounting integration). Where additional terms apply, they govern that application and take precedence over these Terms if the two conflict.
Elevate provides marketing, user acquisition and growth services for mobile apps and games, and builds software that supports that work. Our software includes internal applications that are available only to authorized Elevate personnel and the clients we grant access to. These internal applications may:
Access to internal applications requires an approved account. We may change, suspend or discontinue any part of the Services at any time.
You must be at least 18 years old and able to form a binding contract to use the Services. Where the Services require an account, you agree to provide accurate information, keep your sign-in credentials confidential, and notify us promptly at [email protected] of any unauthorized use. You are responsible for activity that occurs under your account.
You agree not to:
The Services connect to third-party platforms, including Meta (Facebook and Instagram), Google (Google Ads and YouTube), TikTok and Intuit QuickBooks. Your use of those platforms is governed by their own terms and policies, and we are not responsible for their availability, accuracy or practices.
Where the Services use TikTok for Developers products, including the TikTok Commercial Content API, we use them in accordance with the TikTok Developer Terms of Service and applicable TikTok policies. Our use of the Commercial Content API is limited to retrieving publicly available advertising information (such as ad content, advertiser names, and the dates and regions in which ads were shown) for research and analysis. We do not use it to access TikTok user accounts or to collect personal information about TikTok users, and we do not sell or share data obtained through it.
Where we manage advertising on your behalf, we act within the permissions you or the platform grant us. Campaign performance figures shown in the Services are reported by the advertising platforms and may differ from your own analytics.
The Services, including their design, software, features, text, graphics and logos, are owned by Elevate Marketing Inc. or its licensors and are protected by copyright, trademark and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. No other rights are granted.
You retain ownership of the content and materials you provide to us ("Your Content"). You grant us a license to use Your Content as needed to provide the Services to you. Ownership of creative work we produce for clients is governed by the applicable client agreement.
Our website is free to use. Paid services are provided under a separate written agreement, proposal or statement of work, which sets out the applicable fees and payment terms and prevails over these Terms where they conflict.
Our Privacy Policy explains how we collect, use and protect information, including information obtained through third-party platform integrations. By using the Services, you acknowledge that we handle information as described there.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
WITHOUT LIMITING THE FOREGOING, ELEVATE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA RETRIEVED FROM THIRD-PARTY PLATFORMS WILL BE ACCURATE, COMPLETE OR CURRENT, OR THAT ANY PARTICULAR MARKETING OR ADVERTISING RESULT WILL BE ACHIEVED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATE MARKETING INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
IN NO EVENT SHALL ELEVATE'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO ELEVATE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.
You agree to indemnify, defend and hold harmless Elevate Marketing Inc. and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs or expenses (including reasonable legal fees) arising out of or related to your use or misuse of the Services, your breach of these Terms, or your violation of any law or the rights of any third party.
You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if required by law or by a third-party platform's policies, or if we discontinue the Services. Sections that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and Governing Law) will survive.
We may modify these Terms at any time. Changes take effect when we post the updated Terms on this page with a revised "Last Updated" date. Your continued use of the Services after a change constitutes your acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify you.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy and any additional terms that apply to a specific application or agreement, are the entire agreement between you and Elevate regarding the Services. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
If you have questions about these Terms of Service, please contact us: