Terms of Service

Last updated:

Dec 9, 2025

These Terms of Service (“Terms”) govern your access to and use of the website and omni-channel conversational AI platform operated by Etcetera, Inc., a Delaware corporation (”“elly.fit,” ”“Elly,”  “Company,” “we,” “our,” or “us”).

By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility & Authority

You must:

  • Be at least 18 years old

  • Have the legal authority to bind the business you represent

If you are using the Services on behalf of a company, you represent that you have authority to bind that entity.

2. Description of the Services

Elly provides an omni-channel AI communications platform that enables businesses to automate:

  • Telephone calls

  • Text messages

  • Chat-based communications

Elly acts solely as a technology platform that routes and generates communications on your behalf.

Elly does not guarantee:

  • Revenue outcomes

  • Sales performance

  • Lead conversion

  • Customer satisfaction outcomes

3. Customer Responsibilities & Legal Compliance

You are solely responsible for:

  • The legality of all communications sent or received using the Services

  • Obtaining and maintaining all legally required customer consents

  • Compliance with all applicable laws, including but not limited to:

    • TCPA (Telephone Consumer Protection Act)

    • CAN-SPAM

    • State wiretapping and recording laws

    • Consumer protection laws

    • Data protection and privacy laws

Elly relies entirely on your representations that all required consents have been obtained.

4. Call Recording & Monitoring

  • Calls are not recorded by default

  • If you choose to enable call recording:

    • You are solely responsible for compliance with all applicable one-party or two-party consent laws

    • You must provide legally sufficient notice to all call participants

    • You bear all legal risk related to call recording

Elly disclaims all liability arising from unlawful recordings enabled by you.

5. Prohibited Uses

You may not use the Services to:

  • Engage in unlawful, deceptive, abusive, or fraudulent communications

  • Send spam or unauthorized marketing messages

  • Violate any customer consent laws

  • Harass, threaten, or defraud any individual

  • Impersonate another person or business

  • Reverse engineer, copy, or exploit the platform

  • Interfere with system security or performance

6. AI Limitations & Risk Allocation

You acknowledge that:

  • AI-generated responses may be inaccurate, incomplete, or inappropriate

  • Elly does not provide legal, medical, or financial advice

  • All business decisions based on Elly outputs are made at your sole discretion and risk

  • You remain fully responsible for all customer-facing communications made via the platform

7. Data Ownership & Processing

  • You retain full ownership of all customer communication data

  • Elly acts solely as a data processor

  • Elly processes data only to provide the Services

  • Customer communication data is not used to train general AI models without your explicit written authorization

8. Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials

  • All activities that occur under your account

You must notify Elly immediately of any unauthorized access.

9. Fees, Payments & Billing (If Applicable)

If you subscribe to paid Services:

  • Fees are billed as agreed at signup or in your order form

  • All fees are non-refundable unless required by law or expressly stated otherwise

  • Elly may modify pricing with prior notice

  • Failure to pay may result in service suspension or termination

10. Third-Party Infrastructure & Carriers

Elly relies on third-party providers including:

  • Cloud hosting providers

  • Telecommunications carriers

  • Messaging vendors

Elly is not responsible for:

  • Third-party outages

  • Carrier delivery failures

  • Third-party policy changes

11. Intellectual Property

All rights, title, and interest in the platform, software, trademarks, logos, and documentation belong exclusively to Etcetera, Inc.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription term.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ELLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

ELLY SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES

  • LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION

  • DATA LOSS OR MESSAGE DELIVERY FAILURES

ELLY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ELLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Elly from all claims arising out of:

  • Your use of the Services

  • Your customer communications

  • Your failure to obtain required consents

  • Your violation of any law or regulation

15. Suspension & Termination

Elly may suspend or terminate your access:

  • For any violation of these Terms

  • For legal compliance reasons

  • To protect platform integrity or security

  • For non-payment of fees

Upon termination, your right to use the Services immediately ceases.

16. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

You agree to exclusive jurisdiction and venue in the state or federal courts located in Delaware.

17. Changes to These Terms

Elly may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance of the revised Terms.

18. Contact Information

Email support at elly.fit

Talk to Us

Talk to Us