These Terms of Use ("Terms") are an agreement between you and Elrod Technologies Group, LLC ("ETG," "we," "us," or "our"). They govern your access to and use of WAXBOARD, our software-as-a-service platform, together with its websites, applications, documentation, and related services (collectively, the "Service").
Please read them carefully. They include a limitation of liability (Section 13) and terms about how disputes are resolved (Section 15).
1. Acceptance of These Terms
By creating an account, purchasing a subscription or credits, or otherwise accessing or using the Service, you agree to these Terms and to the policies they incorporate by reference: the Privacy Policy, Billing and Payment Policy, Refund and Cancellation Policy, Acceptable Use Policy, and AI Usage and Disclosure Policy. If you do not agree, do not use the Service.
If you use the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
2. Eligibility
You must be at least 18 years old, and able to form a binding contract, to use the Service. You may not use the Service if you are barred from doing so under applicable law, including U.S. export control and sanctions laws.
3. The Service
WAXBOARD provides cloud-based tools that may include workspaces, document and drawing processing, AI-assisted workflows, account management, subscription access, and credit-based usage features.
The Service will change over time. We may add, modify, suspend, or remove features, including beta or experimental features. Beta features are provided for evaluation, may be less reliable than generally available features, and may be discontinued at any time.
4. Accounts and Security
You must provide accurate account information and keep it up to date. You are responsible for keeping your login credentials secure and may not share them, bypass access controls, or allow unauthorized people to use your account.
You are responsible for activity under your account, except to the extent it results from our failure to maintain reasonable security controls. Notify us promptly at legal@elrodtg.com if you believe your account has been compromised.
5. Subscriptions, Credits, and Paid Features
Some features require a paid subscription, purchased credits, or both. Credits are consumed when you run eligible processing actions or premium features, and are separate from recurring subscription fees unless your plan expressly states otherwise.
Fees, renewals, credits, and refunds are governed by the Billing and Payment Policy and the Refund and Cancellation Policy.
6. Your Content
Ownership. You retain all rights in the files, data, documents, drawings, prompts, outputs, and other materials you upload to, store in, or generate through the Service ("Your Content").
License to us. You grant ETG a limited, non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Your Content solely as needed to provide, maintain, secure, and support the Service for you, as described in the Privacy Policy. We do not use Your Content to train AI models except as described in the AI Usage and Disclosure Policy.
Your responsibility. You are responsible for Your Content and for having all rights and permissions needed to upload and process it through the Service.
7. AI-Assisted Features
The Service includes AI-assisted features. AI output can be incomplete, inaccurate, or unsuitable for your purpose. You are responsible for reviewing output before relying on it, especially for engineering, safety, legal, financial, or other consequential decisions. The AI Usage and Disclosure Policy provides additional terms for these features.
8. Acceptable Use
You agree not to misuse the Service. Without limitation, you may not interfere with the Service, attempt unauthorized access, scrape or reverse engineer the Service, upload unlawful or infringing content, abuse AI features, or use the Service for spam, fraud, harassment, or attacks on any system. The Acceptable Use Policy describes these restrictions in more detail.
9. Feedback
If you send us suggestions or feedback about the Service, we may use them without restriction or obligation to you.
10. Our Intellectual Property
The Service, including its software, design, workflows, documentation, trademarks, and logos, is owned by ETG or its licensors. These Terms do not transfer any ownership of it to you.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for your personal or internal business purposes during your subscription or access period.
11. Third-Party Services
The Service relies on and may integrate with third-party services, including hosting, authentication, payment processing, AI infrastructure, storage, and communications providers. Your use of a third-party service you choose to connect may be subject to that provider's terms. We are not responsible for third-party services outside our reasonable control.
12. Suspension and Termination
We may suspend or terminate your access if we reasonably believe you have violated these Terms, created security or legal risk, failed to pay amounts due, or used the Service in a way that could harm other users, ETG, or third parties. Where practical and lawful, we will give you notice and an opportunity to fix the issue first.
You may stop using the Service and close your account at any time. Cancellation and refunds are governed by the Refund and Cancellation Policy, and what happens to your data after closure is described in the Data Retention Policy.
Sections 6 (Your Content, as to your ownership), 9, 10, and 13 through 17 survive termination.
13. Disclaimers and Limitation of Liability
Disclaimers. The Service is provided "as is" and "as available." To the maximum extent permitted by law, ETG disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and accuracy of output.
Excluded damages. To the maximum extent permitted by law, ETG and its owners, officers, employees, contractors, affiliates, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, or business interruption, even if advised of the possibility of such damages.
Liability cap. To the maximum extent permitted by law, ETG's total liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid ETG for the Service in the 12 months before the event giving rise to the claim, or (b) US $100.
Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you.
14. Indemnification
You agree to defend, indemnify, and hold harmless ETG and its affiliates from third-party claims, and related losses and costs (including reasonable attorneys' fees), arising from Your Content, your misuse of the Service, your violation of these Terms, or your violation of law or third-party rights.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules.
Before filing a claim, you and ETG each agree to try to resolve the dispute informally by contacting the other party in writing and allowing 30 days for a response. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in Fulton County, Georgia, and both parties consent to personal jurisdiction there. Either party may bring an individual claim in small claims court where it qualifies.
16. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date. If a change is material, we will give at least 30 days' notice through the Service or by email before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.
17. General
These Terms, together with the policies they incorporate, are the entire agreement between you and ETG about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
18. Contact
Elrod Technologies Group, LLC
3999 Beechwood Drive Northwest
Atlanta, GA 30327
United States
legal@elrodtg.com