Terms & Conditions

These Terms of Service (the "Terms") govern your access to and use of the website at https://www.elementshift.com (the "Site"), and your receipt of communications from Conseil ElementShift Inc., doing business as ElementShift ("ElementShift", "we", "us", or "our"), by SMS, email, or phone in connection with your inquiry or interaction with us.

These Terms do not govern the provision of any consulting, automation, software, or other professional services we may agree to provide to a client. Those services are governed exclusively by the separate written agreement (statement of work, services agreement, or similar) signed between Conseil ElementShift Inc. and the client.

By using the Site, submitting a form on the Site, or communicating with us by SMS, email, or phone, you agree to these Terms. If you do not agree, please do not use the Site or submit your contact information to us.

1. Use of the Site

The Site is intended for business users seeking information about ElementShift. You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site.

You agree not to:

• Use the Site in any way that breaches any applicable law or regulation.

• Submit false, misleading, or fraudulent information.

• Attempt to gain unauthorized access to the Site, the servers on which it is hosted, or any related infrastructure.

• Introduce viruses, malware, or other malicious code, or otherwise interfere with the proper operation of the Site.

• Scrape, harvest, or otherwise collect information from the Site by automated means without our prior written consent.

We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, if we believe you have breached these Terms.

2. Intellectual property

The Site and all of its content — including text, graphics, logos, images, design, and the "ElementShift" name and brand — are owned by or licensed to Conseil ElementShift Inc. and are protected by Canadian and international intellectual property laws. You may view and download content from the Site for your own non-commercial reference only. Any other use, including reproduction, modification, redistribution, or republication, requires our prior written consent.

3. Communications — email and phone

By providing your email address or phone number through a form on the Site or otherwise, you agree that ElementShift may contact you at those addresses or numbers in connection with your inquiry, our conversations, scheduled meetings, follow-ups, and other business matters you have initiated or to which you have consented.

You may unsubscribe from non-essential emails at any time by using the unsubscribe link in any email we send you, or by replying to ask us to stop. You may ask us to stop calling you at any time, and we will honour that request promptly.

4. SMS messaging program

This section applies to SMS (text) messages sent to mobile phones in the United States and Canada.

4.1 Program description

When you provide your mobile phone number through a form on the Site and check the SMS consent box, you opt in to receive automated transactional SMS messages from ElementShift. These messages relate to:

• Replies to questions you have sent us.

• Follow-up on conversations or meetings you have initiated with us.

• Scheduling, confirmations, and reminders for calls or meetings.

• Account or project-related updates if you become a client.

We do not use this SMS program to send promotional or marketing messages.

4.2 Opt-in

Opting in to SMS is voluntary. Providing your phone number, and consenting to SMS messages, is not a condition of using the Site or contacting us by other means.

4.3 Message frequency

Message frequency varies depending on your interactions with us. You will not receive a fixed number of messages per day or per week. We aim to message you only when there is a real reason to do so.

4.4 Cost

Message and data rates may apply. Check with your wireless carrier for details of the message and data rates that apply to your plan. ElementShift is not responsible for any charges incurred from your carrier.

4.5 Opt-out — Reply STOP

You can cancel the SMS service at any time. Just reply STOP to any SMS message we send you. After you send STOP, we will send you one final SMS message confirming that you have been unsubscribed, and you will not receive further SMS messages from the ElementShift phone number you replied to. If you want to start receiving SMS messages from us again, simply opt in as you did the first time.

In addition to STOP, our system will also recognize STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT as opt-out keywords.

4.6 Help — Reply HELP

If you are experiencing issues with the SMS program, you can reply HELP at any time to receive contact information for support, or you can email us directly at contact@elementshift.com.

4.7 Supported carriers

The SMS program is available on most major U.S. and Canadian wireless carriers. Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to the effective transmission from your network operator and is outside our control.

4.8 Privacy

Your phone number and SMS consent information are handled as described in our Privacy Policy. We do not sell, rent, share, or transfer your phone number or SMS opt-in consent to any third party or affiliate for marketing or promotional purposes.

4.9 Eligibility

You must be at least 18 years old and the account holder (or have authorization from the account holder) of the mobile phone number you provide.

5. Third-party services

We use third-party platforms to deliver the Site and our communications (for example, our website host, our CRM and communications platform Close, and Close's telephony partner Twilio). Your use of the Site and your receipt of SMS, email, or phone communications from us is also subject to the practices of those providers in the limited capacity described in our Privacy Policy.

6. Disclaimers

The Site and any information on it are provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any information on the Site is for general informational purposes only and does not constitute professional, legal, financial, or other advice.

This Section does not exclude or limit any warranties or rights that cannot lawfully be excluded or limited under applicable Quebec or Canadian consumer-protection law.

7. Limitation of liability

To the maximum extent permitted by applicable law, Conseil ElementShift Inc. and its directors, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Site or your receipt of communications from us, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits or excludes our liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be limited or excluded under applicable law.

8. Indemnification

You agree to indemnify and hold harmless Conseil ElementShift Inc. from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of (i) your breach of these Terms or (ii) your misuse of the Site.

9. Governing law and jurisdiction

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site will be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec, Canada.

10. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top. Your continued use of the Site or continued receipt of communications from us after an update constitutes your acceptance of the updated Terms.

11. Contact us

For any questions about these Terms and Services:

Conseil ElementShift Inc. (operating as ElementShift)

• Email: contact@elementshift.com

• Phone: +1 (438) 817-4447

• Website: https://www.elementshift.com