Terms of Service

Elysian Flow Inc

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Effective Date: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the operations management and infrastructure consulting services ("Services") provided by Elysian Flow Inc ("Elysian Flow," "we," "us," or "our"). By engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. Services Provided

Elysian Flow provides operations management and infrastructure consulting services to asset-intensive companies, including but not limited to:

The specific scope of Services will be determined based on the selected service plan and any additional agreements between the parties.

2. Service Plans and Payment Terms

2.1 Subscription Plans

We offer three subscription-based service plans:

2.2 Billing

Subscriptions are billed in advance on a recurring basis (weekly or monthly, depending on your selected plan). Payment is processed automatically through our payment processor, Stripe, Inc.

2.3 Payment Methods

We accept payment via credit card, debit card, and ACH bank transfer through Stripe. You authorize us to charge your selected payment method for all fees incurred.

2.4 Late Payment

If payment fails or is declined, we reserve the right to suspend Services until payment is received. A $50 administrative fee may be applied to failed payments.

3. Term and Termination

3.1 Initial Term

Services begin upon acceptance of these Terms and payment of the initial subscription fee. The subscription continues on a recurring basis until terminated by either party.

3.2 Cancellation by Client

You may cancel your subscription at any time by providing written notice to deploy@elysianflow.co. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial billing periods.

3.3 Cancellation by Elysian Flow

We reserve the right to terminate Services with 30 days' written notice, or immediately in cases of non-payment, breach of these Terms, or if continuing the relationship is not in our mutual best interest.

4. Refund Policy

All fees are non-refundable except as required by law or as expressly stated in a separate written agreement. If you cancel mid-billing period, you will retain access to Services through the end of that period, but no prorated refund will be issued.

5. Confidentiality

5.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of the engagement, including but not limited to operational data, business strategies, financial information, and trade secrets.

5.2 Exceptions

Confidential information does not include information that: (a) is publicly available through no breach of these Terms; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed without use of the confidential information; or (d) must be disclosed pursuant to legal requirement.

6. Intellectual Property

6.1 Client Materials

You retain all ownership rights to materials, information, and intellectual property you provide to us.

6.2 Deliverables

Any infrastructure frameworks, operational systems, process documentation, or other deliverables created specifically for you as part of the Services will be owned by you upon full payment. General methodologies, tools, and processes used by Elysian Flow remain our intellectual property.

6.3 Elysian Flow Materials

All pre-existing materials, templates, frameworks, and methodologies owned by Elysian Flow prior to the engagement remain our exclusive property.

7. Limitation of Liability

7.1 Advisory Nature of Services

Our Services are advisory in nature. All final operational decisions and implementation remain your responsibility. We do not guarantee specific business outcomes or results.

7.2 Liability Cap

To the maximum extent permitted by law, Elysian Flow's total liability for any claims arising from or related to the Services shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.

7.3 Exclusion of Damages

In no event shall Elysian Flow be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities, even if advised of the possibility of such damages.

8. Independent Contractor Relationship

Elysian Flow is an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties. We are not authorized to make commitments on your behalf.

9. Governing Law and Dispute Resolution

9.1 Governing Law

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

9.2 Dispute Resolution

Any disputes arising from these Terms shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Pinellas County, Florida, in accordance with the rules of the American Arbitration Association.

9.3 Venue

Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Pinellas County, Florida.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of Services after changes take effect constitutes acceptance of the modified Terms.

11. General Provisions

11.1 Entire Agreement

These Terms, together with any written agreements or proposals signed by both parties, constitute the entire agreement between you and Elysian Flow.

11.2 Severability

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

11.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.

11.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12. Contact Information

For questions about these Terms of Service, please contact us at:

Elysian Flow Inc
Email: deploy@elysianflow.co
Phone: (877) 417-5252
Address: 2454 N McMullen Booth Rd, Suite 700
Clearwater, FL 33759