Terms of Use

About these terms

Effective date: July 30, 2026

Last updated: July 30, 2026

These Terms of Use govern your access to and use of elyvator.com and any content, features, or tools we make available through it. In these terms, “Elyvator”, “we”, “us” and “our” mean Elleithium Inc. operating as Elyvator, a web design and development studio based in Toronto, Ontario, Canada. “You” means the person or organization using the site.

Please read these terms before using the site. They contain disclaimers and a limit on our liability.

Acceptance

By accessing or using this site, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the site.

If you are using the site on behalf of a company or other organization, you confirm you have authority to accept these terms on its behalf, and “you” includes that organization.

You must be at least the age of majority in your province, state, or country to enter into a binding agreement with us.

What this site is

This site is an informational and marketing site for our studio. It describes our services, shows examples of our work, answers common questions, and lets you contact us or book an introductory call.

Nothing on this site is an offer to enter into a contract, a quote, or a guarantee of availability, price, timeline, or outcome. Descriptions of our services, including build timelines, ownership terms, hosting, and care plans, are summaries for general information only.

Any work we do for you is governed by a separate written proposal, statement of work, or services agreement signed by both parties. If anything in that agreement conflicts with these terms, that agreement controls for the work it covers.

We may change, suspend, or discontinue any part of the site at any time without notice.

Contacting us and booking a call

When you send us an enquiry or book a call, you agree to give accurate information and not to impersonate anyone else.

Booking is handled through a third-party scheduling tool. Your use of that tool is also subject to the tool provider’s own terms and privacy policy.

Sending us an enquiry does not create a client relationship. A client relationship begins only when we both sign a written agreement for a specific project or service.

Our intellectual property

The site and everything on it, including text, copy, layout, design, graphics, images, icons, animations, code, and the Elyvator and Elleithium names and logos, is owned by Elleithium Inc. or its licensors and is protected by copyright, trademark, and other laws.

We give you a limited, personal, non-exclusive, non-transferable, revocable licence to view and use the site for your own information and for evaluating our services. That is the only right granted.

Unless we agree in writing, you may not copy, reproduce, republish, download, modify, distribute, sell, license, frame, scrape, or create derivative works from any part of the site, or use our name, logo, or branding in a way that suggests endorsement or affiliation.

Client names, logos, product names, and project images shown in our portfolio belong to their respective owners and are used with permission or as permitted by law. Nothing here transfers any right in those marks to you.

Work we deliver to clients

This section is a general summary. Ownership of any specific project is set out in the written agreement for that project, and that agreement prevails.

As a general matter, and on full payment of all amounts owing, we transfer to the client ownership of the final deliverables we created specifically for that project, including the custom design and custom code produced for their site. Domain, hosting account, code, and content are held in the client’s name.

We keep ownership of everything we bring to a project or develop for general use, including our internal tools, frameworks, base code, templates, methods, and know-how. Where any of that is embedded in a deliverable, the client receives a perpetual, non-exclusive licence to use it as part of that deliverable.

Third-party components, including themes, plugins, apps, fonts, stock images, and open source libraries, remain owned by their creators and are supplied under their own licences. Clients are responsible for keeping any required subscriptions or licences current.

Unless the client asks us in writing not to, we may show the work in our portfolio, case studies, and marketing, and identify the client as a client.

Acceptable use

When using the site, you agree not to:

• Break any applicable law or regulation, or infringe anyone’s rights.
• Attempt to gain unauthorized access to the site, our servers, or any connected system, or probe or test its security.
• Introduce viruses, malware, or any other harmful code.
• Use bots, scrapers, crawlers, or automated tools to harvest content or data, except for search engines operating within our robots.txt file.
• Overload, disrupt, or interfere with the site or its infrastructure, including by denial-of-service attacks or excessive automated requests.
• Use our content or data to train machine learning or AI models without our written permission.
• Send spam, chain messages, or unsolicited commercial messages through any contact route on the site.
• Submit false, misleading, defamatory, obscene, or unlawful content, or content containing another person’s information without their consent.
• Reverse engineer or attempt to derive the source of any part of the site, except where the law expressly allows it.

We may restrict or block access to the site if we reasonably believe you have breached these terms.

Third-party links and services

The site links to third-party websites and services, including our clients’ sites, our social media profiles, and our scheduling tool. We provide those links for convenience.

We do not control those sites and services, we do not endorse them, and we are not responsible for their content, availability, accuracy, security, or privacy practices. Using them is at your own risk, and their own terms and privacy policies apply.

Some third-party features are embedded in our pages. Loading a page containing an embedded feature may result in the third party receiving your IP address and setting cookies. See our Privacy Policy for details.

Disclaimer of warranties

The site and its content are provided “as is” and “as available”, without warranty of any kind.

To the fullest extent permitted by law, we disclaim all express, implied, and statutory warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

We do not warrant that the site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that host it are free of viruses or other harmful components.

Content on the site, including articles, FAQs, timelines, and general guidance, is for general information only. It is not professional, legal, financial, or technical advice, and you should not rely on it for decisions without your own assessment or advice from a qualified professional.

Some jurisdictions do not allow the exclusion of certain warranties. In those places, the exclusions above apply only to the extent permitted, and nothing in these terms limits any non-waivable statutory or consumer protection rights you have.

Limitation of liability

To the fullest extent permitted by law, Elleithium Inc., its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or connected with your use of, or inability to use, the site, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or connected with the site or these terms will not exceed one hundred Canadian dollars (CAD $100).

This section does not limit liability for anything that cannot be limited by law, including fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. It also does not affect liability under a separate signed services agreement, which contains its own liability terms.

You agree that the limits in this section are a reasonable allocation of risk and a fundamental part of the basis on which we make the site available.

Indemnity

You agree to indemnify, defend, and hold harmless Elleithium Inc. and its directors, officers, employees, contractors, and agents from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or connected with:

• Your use of the site or any content you submit through it.
• Your breach of these terms or of any law or regulation.
• Your infringement of any third party’s intellectual property, privacy, or other rights.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate with us.

Privacy

Our collection and use of personal information through the site is described in our Privacy Policy, which forms part of these terms.

By using the site you acknowledge that you have read the Privacy Policy.

Governing law and jurisdiction

These terms and any dispute arising out of or connected with them or with the site are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict of law rules.

You agree that the courts of the Province of Ontario have exclusive jurisdiction over any such dispute, and you submit to the jurisdiction of those courts and waive any objection based on venue or forum.

Nothing in this section deprives a consumer of the protection of mandatory laws or the jurisdiction of the courts of the place where they live, where those rights cannot be waived by agreement.

You are responsible for complying with the laws of the place you access the site from. The site is operated from Canada and is not intended for use where doing so would be unlawful.

Changes to these terms

We may update these terms from time to time to reflect changes in our services, our practices, or the law. The current version is always posted on this page with the “Last updated” date.

Changes take effect when posted. Your continued use of the site after that means you accept the updated terms. If you do not agree with a change, stop using the site.

General

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest of the terms will stay in effect.

Our failure to enforce any provision is not a waiver of that provision or of our right to enforce it later.

You may not assign or transfer these terms without our written consent. We may assign them as part of a merger, acquisition, or sale of assets.

These terms, together with our Privacy Policy and any signed services agreement, are the entire agreement between you and us regarding the site, and replace any earlier understandings about it.

The parties have requested that these terms and all related documents be drawn up in English. Les parties ont demandé que cette convention et tous les documents qui s’y rattachent soient rédigés en anglais.

Contact us

Questions about these terms can be sent to:

Email: info@elyvator.com

Elyvator, a brand of Elleithium Inc.

Toronto, Ontario, Canada