Terms of Service

1. Acceptance of Terms

By accessing or using the Elementum AI Marketing Agent ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

This Service is provided by Elementum Corporation ("Elementum," "we," "us," or "our") for use by authorized personnel from Elementum and its partner organizations, including Snowflake Inc.

2. Eligibility and Account Registration

2.1 Eligibility

The Service is restricted to:

• Employees and authorized users of Elementum Corporation (@elementum.com email addresses)
• Authorized partner organization employees (@snowflake.com, @useready.com email addresses)
• Users who are at least 18 years old and have the legal capacity to enter into contracts

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your email address is valid and regularly monitored

3. Service Description

The Elementum AI Marketing Agent is an AI-powered assistant designed to help sales and marketing professionals:

• Discover and design AI workflow automation use cases for customers
• Research companies and prospects using web search capabilities
• Prepare for customer calls and presentations
• Generate sales collateral, email templates, and documentation
• Learn about Elementum's products and competitive positioning
• Practice objection handling and role-play scenarios

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful business purposes related to Elementum's sales and marketing activities.

4.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service or servers/networks connected to it
• Share confidential customer information without proper authorization
• Upload malicious code, viruses, or any harmful materials
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service to harass, abuse, or harm another person
• Circumvent domain restrictions or create accounts with unauthorized email addresses

5. Intellectual Property Rights

5.1 Ownership

The Service and all its contents, features, and functionality are owned by Elementum Corporation and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your authorized business purposes.

5.3 User Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content for the purposes of:

• Providing, maintaining, and improving the Service
• Training and improving AI models
• Marketing, promotional, and business development activities
• Internal research, analytics, and product development
• Creating aggregated, anonymized datasets for analysis and reporting

This license survives termination of your account or these Terms.

6. AI-Generated Content

The Service uses artificial intelligence to generate responses, recommendations, and content. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or outdated information
• You should verify all AI-generated information before using it in professional communications
• We do not guarantee the accuracy, completeness, or usefulness of AI-generated content
• You are responsible for reviewing and approving all content before sharing it with customers or prospects
• AI models may be trained on conversation data to improve Service quality

7. Confidentiality and Data Usage

7.1 Confidential Information

You acknowledge that the Service contains proprietary information about Elementum's products, strategies, and business practices. You agree to maintain the confidentiality of this information and not disclose it to unauthorized third parties.

7.2 Your Conversations Are Not Private

IMPORTANT: This is a free tool provided by Elementum. By using the Service, you explicitly acknowledge and consent that:

• All conversations and interactions with the Service may be reviewed, analyzed, and used by Elementum for marketing, product development, training, and business intelligence purposes
• Your chats are NOT confidential or private from Elementum personnel
• Elementum staff may access your conversations to understand how the Service is being used, what use cases are being explored, and which features are most valuable
• Insights from conversations may be aggregated, anonymized, and shared with partners (such as Snowflake) to demonstrate platform value
• Specific conversation excerpts may be used in internal training, marketing materials, or case studies (with sensitive details anonymized as appropriate)

7.3 Customer Data Guidelines

Given that your conversations will be reviewed, when using the Service to research or discuss customer opportunities:

• Only share information that is publicly available or that you are authorized to discuss internally with Elementum
• Follow your organization's data handling and privacy policies
• Do not share highly sensitive customer data, trade secrets, confidential contract terms, or information that could harm customer relationships if disclosed
• Use good judgment - assume that anything you type could be read by Elementum leadership and product teams
• When in doubt about whether information is appropriate to share, err on the side of caution

7.4 Free Service Trade-Off

In exchange for providing this Service free of charge, you grant Elementum the right to use conversation data for business purposes as described above. If you are not comfortable with this arrangement, you should not use the Service.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9. Service Availability and Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time without notice
• Update these Terms at any time by posting the revised Terms
• Change pricing, features, or functionality of the Service
• Limit or restrict access to certain features or capabilities

We will make reasonable efforts to notify you of material changes, but continued use of the Service after changes constitutes your acceptance of the modified Terms.

10. Disclaimers and Limitations of Liability

10.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMENTUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100 USD.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elementum and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content or any content you submit to the Service

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Termination of your employment with an authorized organization
• Request by you to delete your account
• Discontinued operation of the Service
• Any other reason at our sole discretion

Upon termination, your right to use the Service will immediately cease. We may delete your account and all associated data.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.

14. Third-Party Services

The Service integrates with and uses third-party AI providers (OpenAI, Anthropic, Google) and web search services. Your use of these integrated features is subject to the respective third parties' terms of service and privacy policies. We are not responsible for third-party services or their practices.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Elementum regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations.