Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website at https://www.elegantix.com (the "Site") and the courses, certifications, assessments, webinars, learning platform, community forums, fractional advisory engagements, and related services provided by Elegantix, Inc. ("Elegantix," "we," "us," or "our") (collectively, the "Services"). By creating an account, enrolling in a course or program, accessing the Services, clicking "I Agree," submitting an Order Form or enrollment form, or otherwise using the Services, you agree to these Terms, the Privacy Policy, and any applicable Order Form, Master Service Agreement ("MSA"), Statement of Work ("SOW"), Data Processing Addendum ("DPA"), or code of conduct. If you do not agree, do not use the Services.
If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to you and that organization.
⚠ U.S.-only Services
The Services are offered only for use in the United States. They are not offered to, and may not be used by, persons or organizations established in the European Union, European Economic Area, United Kingdom, or Switzerland, except as Elegantix has expressly agreed in a signed written agreement.
Order of Precedence. In the event of conflict, the following order controls: (1) MSA or SOW; (2) Order Form or written enrollment agreement; (3) DPA, for data processing terms; (4) these Terms; and (5) Privacy Policy. Where these Terms conflict with the Privacy Policy regarding limitation of liability, warranty disclaimer, or indemnification, these Terms control.
2. Eligibility
You must be at least eighteen (18) years old and have legal capacity to enter into these Terms. The Services are intended for business professionals and U.S.-based organizations, and are not directed to children. If you are registering employees, team members, or other individuals for a program on behalf of an organization, you represent that you have authority to do so and that those individuals meet the eligibility requirements.
3. Account Registration and Security
You agree to provide accurate, current, and complete information during registration and enrollment; maintain the security of your credentials; promptly notify us through our Contact page of any unauthorized access or suspected compromise; and remain responsible for activity occurring under your account, except to the extent caused by Elegantix's breach of these Terms. Accounts are issued to named individuals and may not be shared, transferred, or used by multiple people without Elegantix's prior written consent. We may suspend or terminate accounts that violate these Terms, create legal or security risk, remain inactive for an extended period, or are used inconsistently with the U.S.-only scope of the Services.
4. Description of Services
Elegantix provides AI education programs and related services for business professionals and mid-market organizations. Services may include:
- diagnostic assessments such as the AI Opportunity Report;
- live, cohort-based courses for leaders, practitioners, and all-company audiences;
- self-paced certifications, including the AI Proficiency Certification;
- educational webinars, monthly briefings, and alumni events;
- private company programs delivered to a single organization's team or leadership;
- fractional advisory engagements providing ongoing strategic guidance; and
- access to learning platforms, cohort communities, and alumni networks.
Specific features, format (in-person, virtual, or hybrid), duration, access period, and pricing are described on the Site or in the applicable Order Form, enrollment confirmation, MSA, or SOW. Elegantix may modify program curricula, instructors, schedules, and delivery methods from time to time, provided that material changes to a cohort in progress will not materially reduce the value of the program to then-enrolled participants.
5. Enrollment, Course Access, and Live Sessions
5.1 Enrollment and Course Access
Enrollment is confirmed upon payment and receipt of an enrollment confirmation email. Course materials, session recordings, and community access are typically available during the program's active cohort period and for a reasonable access window thereafter, as specified in the program description or enrollment confirmation. Unless otherwise stated, enrollment in a program is personal to the named participant and is non-transferable without Elegantix's written consent.
5.2 Live Session Recording
Many of our live cohort sessions, webinars, and workshops are recorded and made available to enrolled participants during or after the program. Recordings may include video, audio, chat, and screen content shared during the session. By participating in a live session, you acknowledge that the session may be recorded and that your voice, image, name, questions, and on-screen contributions may be captured in the recording. You may mute your microphone, disable your camera, or decline to share screen content at your discretion. If you do not consent to being recorded, do not enable video or audio participation. Text-chat contributions will generally be captured regardless of audio/video settings; you may use a display name other than your legal name if you prefer.
5.3 Attendance, Missed Sessions, and Make-Ups
Cohort programs depend on consistent participation. We make session recordings available so that you can catch up on missed sessions. Elegantix is not obligated to provide one-on-one make-up sessions, individualized tutoring, or repeat facilitation for missed content beyond what is generally offered to the cohort. Excessive absence may affect your ability to meaningfully complete a program; refund eligibility is governed by Section 6.
5.4 Certification Integrity
Certifications issued by Elegantix, including the AI Proficiency Certification, represent that a candidate has met specified criteria on a defined date. Candidates must complete certification exams independently, without unauthorized assistance, and may not share exam content, share credentials, or misrepresent their certification status. Elegantix may revoke a certification and bar a candidate from future certifications for academic dishonesty, misrepresentation, or breach of these Terms. Certifications are valid for the period stated at issuance (typically two years) and may require re-certification for continued validity.
6. Fees, Payment, and Refunds
6.1 Pricing and Taxes
Current pricing is available on the Site or in an Order Form or enrollment confirmation. We may change pricing at any time; changes apply prospectively and do not affect enrollments already confirmed. Fees are stated in U.S. dollars and exclude applicable taxes, which are your responsibility unless otherwise stated.
6.2 Billing
Most course enrollments are billed as one-time charges at the time of enrollment. Private company programs, fractional advisory engagements, and certain subscription offerings are billed as described in the applicable Order Form, MSA, or SOW. If a payment fails, we may retry the payment method on file and may suspend access to paid Services after notice if amounts remain overdue.
6.3 Auto-Renewal (for Recurring Subscriptions Only)
⚠ Automatic renewal notice
If you purchase a recurring subscription, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for the next billing period. This automatic renewal provision does not apply to one-time course enrollments, which do not renew.
Unless otherwise stated in an Order Form, recurring subscriptions automatically renew for successive terms equal to the initial term, and you authorize Elegantix to charge your payment method on file for each renewal. You may cancel auto-renewal through your account settings or by submitting a request through our Contact page; cancellation takes effect at the end of the current paid term. Elegantix complies with California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) for California residents.
6.4 Refund Policy
Unless expressly stated otherwise in an Order Form or written agreement:
- Individual course enrollments (Tier 1 workshops, Tier 2 cohorts, and the AI Proficiency Certification): You may request a full refund within fourteen (14) days of enrollment, provided you have not completed more than the first session of a live cohort, accessed more than 25% of a self-paced course, or sat for a certification exam. After the 14-day window, no refund is available except at Elegantix's discretion.
- Private company programs and fractional advisory engagements: Governed exclusively by the applicable Order Form, MSA, or SOW.
- Free trials and free programs: No refund applies because no fee was paid.
- Discretionary refunds: Elegantix may offer prorated or discretionary refunds in cases of documented medical emergency, cohort cancellation, or program withdrawal for cause.
All refunds are processed to the original payment method within a commercially reasonable period after approval. Refund requests should be submitted through our Contact page.
6.5 Discounts, Scholarships, and Referral Incentives
From time to time we offer discounts, scholarships, referral rewards, or similar incentives. The terms of any such program will be disclosed when offered. Discounts may not be combined unless expressly permitted. Scholarships are awarded at Elegantix's discretion and may be revoked for breach of these Terms.
7. Acceptable Use and Code of Conduct
7.1 Prohibited Uses
You may not use the Services to:
- violate any applicable law;
- infringe intellectual property, privacy, publicity, confidentiality, or other rights;
- transmit malware or harmful code;
- probe, scan, reverse engineer, or bypass security or technical restrictions, except to the extent such restriction is prohibited by law;
- share login credentials or allow unauthorized individuals to access paid Services;
- record, redistribute, republish, or re-sell course materials, session recordings, exam content, or proprietary methodologies without Elegantix's prior written consent;
- scrape, harvest, or systematically extract content, users, or other data from the Site, learning platform, or community;
- develop or benchmark a competing educational product or service using Elegantix's curricula or methodologies without Elegantix's prior written consent;
- submit or process data subject to EU, EEA, UK, or Swiss privacy law without Elegantix's prior written approval;
- impersonate another person, including another participant, instructor, or Elegantix representative;
- harass, threaten, demean, or discriminate against other participants, instructors, or staff;
- use the Services for any unlawful, fraudulent, or harmful purpose; or
- use AI-generated outputs from our assessments as the sole basis for legal, regulatory, employment, medical, investment, or similar high-stakes decisions without independent professional review.
7.2 Community Conduct
Our cohort communities, alumni networks, and peer-learning forums operate on a code of professional conduct. You agree to engage respectfully; avoid harassment, discrimination, and personal attacks; disclose relevant conflicts of interest; and refrain from unsolicited sales, promotion, or recruitment. Elegantix may remove content, suspend access, or terminate participation for violations.
7.3 Participant-to-Participant Confidentiality
Cohort programs, particularly our leadership and private company offerings, involve candid discussion of strategic priorities, internal operations, and competitive information. You agree that information shared by other participants in the context of a cohort, community, or private discussion is confidential to those participants and their organizations. You will not disclose such information outside of the program or use it for any purpose other than your own learning and professional development. This obligation does not apply to information that is publicly available, was already known to you, or is independently developed.
Violation of this Section may result in immediate suspension or termination, and does not relieve you of payment obligations or limit Elegantix's other rights.
8. Intellectual Property
8.1 Elegantix Property
Elegantix and its licensors retain all right, title, and interest in and to the Services, including all curricula, course materials, session recordings, exam content, assessment frameworks, templates, diagnostic methodologies, software, learning platforms, trademarks, and related intellectual property. No rights are granted to you except those expressly granted in these Terms.
Subject to your compliance with these Terms and payment of applicable fees, Elegantix grants you a limited, non-exclusive, non-transferable, revocable license to access and use course materials and Services solely for your own internal learning, professional development, and reasonable application within your employer's organization. You may not redistribute, republish, sell, sublicense, or use Elegantix materials to train competing educational products, artificial intelligence models, or similar offerings.
8.2 Your Content
As between the parties, you retain all right, title, and interest in and to assignments, capstone deliverables, discussion posts, community contributions, assessment responses, and other materials you submit to the Services ("Customer Data"). You grant Elegantix a non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, display, and use Customer Data solely to provide, secure, support, and maintain the Services; to facilitate cohort and community learning; to evaluate completion and certification requirements; to prevent fraud, abuse, and security incidents; to comply with law and legal process; and as otherwise expressly permitted in these Terms, the Privacy Policy, or an applicable MSA or Order Form.
8.3 De-Identified Data
You authorize Elegantix to create De-Identified Data from Customer Data and to use it for internal lawful business purposes, including curriculum improvement, educational research, program benchmarking, quality assurance, safety, abuse prevention, analytics, and service development. When doing so, Elegantix will take reasonable technical and organizational measures, designed for the nature of the data and reasonably foreseeable risks, so that the information cannot reasonably be linked to an identified or identifiable person or household. Elegantix publicly commits to maintain and use such data in de-identified form and not to attempt re-identification, except solely to test the effectiveness of its de-identification process. For clarity, De-Identified Data is not Customer Data.
8.4 Excluded Uses
Absent a separate signed written addendum, Elegantix will not use Customer Data for cross-context behavioral advertising; sell or share Customer Data as those terms are broadly defined under applicable U.S. privacy law; or provide Customer Data to any third-party artificial intelligence provider for the purpose of training that provider's general-purpose models.
8.5 Testimonials and Case Studies
Elegantix may request your permission to publish testimonials, quotes, outcomes, or case studies based on your program experience. We will not publish identified testimonials or case studies without your written consent. If you grant consent, you may withdraw it prospectively at any time by written notice, and Elegantix will cease further publication within a commercially reasonable period.
8.6 Feedback
If you provide feedback, suggestions, or ideas regarding the Services, you grant Elegantix a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right to use and incorporate that feedback without restriction or obligation.
9. Confidentiality
"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Confidential Information includes Customer Data, assessment responses, capstone deliverables, proprietary course materials, security information, pricing, business plans, client lists, product roadmaps, and trade secrets.
Each party will protect the other's Confidential Information using at least reasonable care, use it only to exercise rights or perform obligations under these Terms, and disclose it only to employees, contractors, advisors, and service providers with a need to know and who are bound by written confidentiality obligations at least as protective as this Section. Confidential Information does not include information that is or becomes public through no breach by the receiving party, was known to the receiving party without restriction before disclosure, was independently developed without use of the disclosing party's Confidential Information, or was rightfully received from a third party without restriction. A party may disclose Confidential Information if required by law or legal process, provided it gives prompt notice where legally permitted and reasonably cooperates with efforts to seek confidential treatment. This Section survives for five (5) years after termination, except trade-secret obligations survive for as long as the information remains a trade secret.
10. Privacy, Processing Role, and Security
Use of the Services is subject to the Privacy Policy, which describes Elegantix's privacy practices. For identified Customer Data processed to provide private company programs or fractional advisory engagements, Elegantix acts as a service provider or processor on behalf of the business customer; the customer is responsible for determining the legal basis for collection and use and for providing required notices and obtaining required permissions, except to the extent applicable law imposes a direct obligation on Elegantix. For personal information collected directly by Elegantix from Site visitors, prospective customers, individual course enrollees, and assessment completers, Elegantix acts as a business or controller as described in the Privacy Policy. Where applicable, a DPA supplements these Terms for processor / service-provider obligations.
Elegantix will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, and destruction, and will notify affected customers without unreasonable delay after confirming a security incident involving Customer Data in Elegantix's systems, consistent with applicable law.
11. Data Retention, Export, and Deletion
Customer Data is retained during the active subscription or program term as described in the Privacy Policy and in any applicable Order Form, MSA, SOW, or documented retention configuration. You may export Customer Data during the term using available learning-platform functionality or by contacting support, subject to reasonable technical limitations.
Unless otherwise stated in an Order Form or MSA, you may request export of Customer Data for thirty (30) days after termination. After that period, Elegantix may delete Customer Data from production systems, subject to (a) legal retention requirements, legal holds, subpoenas, and governmental or regulatory requests; (b) routine backup and disaster-recovery cycles; (c) system logs, audit logs, and security records maintained for legitimate business purposes; (d) certification and completion records, which Elegantix may retain for credential-verification purposes for a minimum of seven (7) years; and (e) De-Identified Data maintained in accordance with Section 8.3, which Elegantix may retain and continue to use after termination.
12. Warranties and Disclaimers
12.1 Limited Service Warranty
Elegantix warrants that the Services will materially conform to the applicable program description or Order Form during the subscription or program term. Your exclusive remedy for breach of this warranty is, at Elegantix's option, correction of the non-conformity or termination of the affected subscription or program and refund of prepaid fees for the unused portion of the then-current term. You must notify Elegantix in writing of any warranty claim within thirty (30) days of discovering the non-conformity.
12.2 Educational Content Disclaimer
⚠ No guarantee of business or professional outcomes
Elegantix's Services provide education, training, frameworks, and strategic guidance. We do not guarantee any particular business, financial, employment, career, educational, or professional outcome. Outcomes depend on many factors outside our control, including your effort, your organization's circumstances, market conditions, and the execution of recommendations. Testimonials, case studies, and example outcomes reflect individual experiences and are not predictions or guarantees of your results.
12.3 AI-Generated Output Disclaimer
The AI Opportunity Report and other AI-generated outputs produced by the Services are assistive, informational, and educational. They are probabilistic, may contain inaccuracies, and should not be relied upon as professional, legal, financial, tax, medical, or investment advice. You are responsible for independently evaluating such outputs before acting on them.
12.4 Customer Compliance Warranty
You represent and warrant that you have all rights, permissions, and consents necessary to submit Customer Data to the Services and authorize Elegantix's processing as contemplated by these Terms; your use of the Services will comply with law; and information you provide is accurate and not misleading.
12.5 General Disclaimer
⚠ Warranty disclaimer
Except as expressly provided in these Terms, the Services are provided "as is" and "as available." Elegantix disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and accuracy, and does not warrant that the Services will be uninterrupted, error-free, or free of all harmful components.
13. Indemnification
13.1 Elegantix IP Indemnity
Elegantix will defend you against any third-party claim that the Services, as provided by Elegantix and used in accordance with these Terms, infringe a U.S. patent, copyright, trademark, or trade secret, and will pay damages finally awarded or amounts agreed in settlement, provided you promptly notify Elegantix, give Elegantix sole control of the defense and settlement, and provide reasonable cooperation. Elegantix has no obligation under this Section for claims arising from Customer Data; your instructions, specifications, or configurations; combination of the Services with materials not provided by Elegantix; unauthorized use; or use after notice of an alleged or actual infringement. If such a claim appears likely, Elegantix may modify the Services, obtain the right to continue providing them, or terminate the affected Services and refund prepaid fees for the unused portion of the then-current term. This Section states Elegantix's sole liability and your exclusive remedy for any third-party intellectual property claim.
13.2 Your Indemnity
You will defend, indemnify, and hold harmless Elegantix and its affiliates, officers, directors, employees, instructors, and agents from any third-party claim, damage, judgment, fine, penalty, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
- Customer Data submitted by you or on your behalf;
- your breach of Sections 6, 7, 8.2, or 12.4;
- your violation of law in connection with use of the Services;
- a claim that Customer Data or your use of the Services infringes or violates a third party's rights;
- your unauthorized disclosure or use of information shared by other participants in breach of Section 7.3; or
- your reliance on AI-generated outputs in circumstances where independent professional review was warranted under Section 12.3.
13.3 Procedure
The indemnified party will promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control the defense and settlement; no settlement may impose liability or admission on the indemnified party without its prior written consent.
14. Limitation of Liability
14.1 Excluded Damages
⚠ Excluded damages
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, lost revenue, lost business opportunity, or loss of goodwill, whether or not advised of the possibility of such damages, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
14.2 Aggregate Cap
⚠ Aggregate liability cap
Except as provided in Section 14.3, each party's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts paid or payable by you to Elegantix under these Terms in the twelve (12) months before the event giving rise to the claim, or (b) five hundred U.S. dollars (US$500).
14.3 Carve-Outs
The exclusions and cap in this Section do not limit: (a) your payment obligations; (b) your indemnity obligations under Section 13.2; (c) either party's fraud, gross negligence, or willful misconduct; (d) either party's breach of confidentiality under Section 9; (e) Elegantix's obligations under Section 13.1; or (f) liability that cannot lawfully be limited.
15. Term, Suspension, and Termination
These Terms begin when you first accept them and continue until terminated. You may terminate at any time by canceling your account or providing notice to Elegantix; termination does not relieve you of payment obligations accrued before termination, nor of obligations that by their nature survive (including Sections 7.3, 8, 9, 10, 11, 12, 13, 14, 16, and 17).
Elegantix may suspend or terminate access immediately on notice if you materially breach these Terms; your use creates material legal, regulatory, security, or reputational risk; you engage in academic dishonesty or misrepresent your credentials; you breach participant-to-participant confidentiality; you use the Services outside their permitted U.S.-only scope; or we are required to do so by law or a governmental authority. We may also terminate for convenience on thirty (30) days' notice. Upon termination, your right to use the Services ends, you remain responsible for accrued fees, your export rights are governed by Section 11, and any affected certifications may be revoked if the grounds for termination implicate certification integrity.
16. Dispute Resolution
16.1 Informal Resolution
Before filing a formal claim, each party will attempt in good faith to resolve the dispute informally by written notice and discussion for at least thirty (30) days.
16.2 Arbitration and Class Waiver
⚠ Arbitration agreement and class waiver
You and Elegantix agree to resolve most disputes through binding individual arbitration. You are waiving your right to a jury trial and to participate in a class action. Claims must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.
Except for claims eligible for small claims court, claims for injunctive relief, or disputes relating to intellectual property or misuse of the Services, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules (Commercial or Consumer, as appropriate). Arbitration will be conducted in English and may occur remotely unless the parties agree otherwise. For consumer claims, Elegantix will pay the filing fees for claims under US$10,000 as required by applicable AAA rules. You may opt out of this arbitration agreement by submitting written notice through our Contact page within thirty (30) days after first accepting these Terms.
16.3 Governing Law, Venue, and Time Limit
These Terms are governed by the laws of the [ASSUMPTION: State of Delaware], without regard to conflict-of-law principles. For disputes not subject to arbitration, the state and federal courts located in [ASSUMPTION: New Castle County, Delaware] will have exclusive jurisdiction, and each party consents to that jurisdiction and venue. To the fullest extent permitted by law, claims must be brought within one (1) year after the cause of action accrues. Where applicable law prohibits shortening the limitations period for specific claims, the minimum period permitted by such law will apply to those claims.
17. Changes to These Terms
We may modify these Terms from time to time. For material changes, we will provide advance notice by email, in-app message, or prominent website notice. The updated Terms will become effective on the stated effective date. If you do not agree to a material change, you must stop using the Services before the effective date.
18. General
These Terms and the documents incorporated by reference constitute the entire agreement between the parties regarding the subject matter. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without Elegantix's prior written consent; Elegantix may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. Notices to Elegantix must be submitted through our Contact page; notices to you may be sent to the email associated with your account and are effective when sent. You consent to receive notices and communications electronically.
19. Contact
Elegantix, Inc.
For questions, refund requests, legal notices, and other inquiries, use our Contact page.
Website: https://www.elegantix.com
Address: [ASSUMPTION: insert business mailing address]
This document was generated with AI assistance and is intended as a starting point for legal review. It does not constitute legal advice. Laws and regulations change frequently, and the applicability of specific provisions depends on your company's unique circumstances. This document should be reviewed and customized by a licensed attorney before being published or relied upon. Elegantix, Inc. bears sole responsibility for ensuring its legal documents comply with all applicable laws.