Terms of Service
Terms of service.
Plain-language terms covering subscription billing, hosting service commitments, change requests, port-outs, and dispute resolution.
Contents
Agreement
These Terms of Service govern your use of services provided by Elmnt ("ELMNT," "we," "us"), a Chicago-based platform and development company operating remotely. By signing up for any ELMNT service — including ONE, web design and development, Sphere website publishing, HUB additions, or custom systems — you agree to these Terms.
Subscription Billing
ONE is billed monthly or yearly according to the term selected at checkout. Sphere website publishing includes hosting and is billed monthly or yearly for the term selected at checkout. Released HUB modules are included with ONE without a separate module fee. Scoped development is quoted separately. A new ONE trial requires no card and does not create a paid subscription; recurring subscriptions begin only when you choose to subscribe and auto-renew until canceled.
You may cancel any time from your client dashboard. Cancellation takes effect at the end of the current billing period — no partial refunds, no surprise charges.
Failed payments will trigger a 7-day grace period. Beyond that, services may be suspended until payment is restored.
Hosting, Uptime and Support Targets
We host on managed infrastructure and monitor availability continuously. We do not publish a general uptime guarantee: the response times shown on our pricing and hosting pages are support targets, not a service level agreement.
A written SLA — with a defined uptime threshold and downtime credits — is available only where one has been separately signed as part of an Enterprise agreement. Where no SLA has been signed, none applies.
Backups are run daily on all tiers; weekly additional backups apply to Business and Enterprise.
Scheduled maintenance is announced at least 24 hours in advance via the client dashboard.
Change Requests
Each hosting tier includes a defined number of "minor content update requests" per month. Minor updates are text and image changes that take under 30 minutes — they do not include redesigns, new pages, or structural changes.
Larger work is scoped and quoted separately. Unused monthly requests do not roll over.
Requests are submitted through the client dashboard and worked in the order received, with priority given to higher tiers.
Port-Out
You own your content and your domain. If you choose to leave, we will package your code, export your database, and transfer all assets to your designated provider.
A one-time port-out fee of $150–$250 applies to cover engineer time. This fee is invoiced before offboarding begins.
Port-outs are typically completed within 10 business days of fee payment.
Acceptable Use
You agree not to use Elmnt services to host illegal content, distribute malware, send spam, or violate the rights of any third party.
The Acceptable Use Policy defines prohibited conduct and harmful hosting activity. ELMNT may hold a specific communication or contain an immediate security threat while it is investigated. Profanity in otherwise permitted website content, honest criticism, and good-faith complaints do not by themselves justify an account sanction.
Liability
Elmnt's total liability for any claim arising under these Terms is limited to the amount paid by you to Elmnt in the 12 months preceding the claim.
We are not liable for loss of profits, business interruption, or consequential damages.
Disputes
These Terms are governed by the laws of the State of Illinois, USA. Any dispute will be resolved by binding arbitration in Cook County, Illinois.
Before initiating arbitration, both parties agree to attempt to resolve the dispute in good faith for 30 days via direct communication.
Changes
We may update these Terms from time to time. Material changes will be announced via the client dashboard and email at least 30 days before they take effect.
Continued use of Elmnt services after the effective date constitutes acceptance of the updated Terms.
Safety review, restrictions and suspension
For ordinary substantiated interpersonal conduct violations, ELMNT issues one formal warning. A subsequent violation after that warning may lead to a communication restriction or account suspension. Serious, credible threats, exploitation, fraud, malware, doxxing, or comparable critical harm may justify immediate containment and senior review without a prior warning. A detected phrase, an anonymous allegation, or an unverified identity alone is not a confirmed violation.
Staff may report conduct and propose a decision. Account sanctions require an authorized decision under the safety approval process. Active paid accounts, accounts in a current trial, and accounts whose funding or identity cannot reliably be established require a manual sanction decision. An independently reviewed violation on a verified account without active paid or trial access may qualify for bounded automatic suspension only under an enabled, reviewed safety rule. Permanent termination is never automatic.
Temporary account suspensions may last 30, 60, or 90 days according to the documented severity decision. A communication restriction may have a shorter defined duration. Account suspension blocks ordinary ELMNT account use and applicable platform actions; it does not transfer ownership of your domain or assets. Notices, appeals, appropriate billing and cancellation functions, security recovery, privacy requests, and lawful permitted export remain available through the restricted-access process. Provider-managed services and separate legal or security holds are handled according to their own terms and controls.
Your safety notice identifies the applicable numbered rule and version, reason, scope, duration where relevant, and review route. You may challenge a mistaken identity, quotation, missing context or other error at /safety. ELMNT records decisions and corrections and may reverse an erroneous restriction. A good-faith appeal or report is not an additional conduct violation.
Used services and unused paid-time credit
Once an account has actual service usage, ELMNT does not provide discretionary cash refunds for used services, change of mind, or a substantiated conduct suspension. This does not limit mandatory consumer remedies, correction of duplicate or erroneous charges, or other rights that applicable law does not permit us to exclude. The Refund and Cancellation Policy and any signed order also apply.
For an approved temporary account suspension affecting a paid service, ELMNT reconciles the verified unused paid time made inaccessible by that suspension. Eligible value is credited in ONYX after the suspension ends or is lifted and payment evidence is reconciled. It is not a cash refund, is not spendable during the suspension, and is not calculated from a hypothetical list price. The calculation uses actual paid service periods and the inaccessible portion, accounting for refunds, disputes, overlapping credits, and applicable currency rules. Free trials have no cash value and do not create monetary ONYX credit.
Safety ONYX credit may be requested toward ELMNT services through the available verified payment or assisted redemption process. A credit does not itself place an order, pay a registry, satisfy a third-party authorization, or guarantee that a service is available. Orders, taxes, pricing, eligibility and fulfillment controls remain applicable. Other credits follow their existing redemption terms.
Subscriptions do not automatically stop billing solely because account access is suspended. Renewal and cancellation remain separate recorded billing decisions. Charges falling within an affected temporary suspension are included in the applicable reconciliation when verified; the same paid time is not compensated twice.
Exceptional permanent termination
An active platform admin or owner may authorize permanent termination for substantiated critical harm after independent review of the evidence and applicable rule. Staff cannot permanently terminate an account merely by proposing it. Ongoing ELMNT subscription renewals must first be confirmed canceled through the applicable billing controls; a temporary protective suspension may apply while billing and exit obligations are reviewed. Permanent termination of a paying or trial customer is escalated for a manual senior decision and documented notice; the reviewer may arrange personal contact or release a prepared email. The account notice and review route remain available.
A substantiated exceptional permanent termination does not automatically create a discretionary ONYX award or refund. Any mandatory legal remedy, verified billing error, outstanding obligation, lawful export requirement, and provider or domain-custody process is assessed separately. An erroneous decision may be reversed; reversal does not erase the decision history or remove unrelated valid holds.
Material safety-policy changes are applied prospectively following the required notice process. The rule version and notice applicable to a decision are recorded; a later wording change does not silently rewrite the evidence or rule used for an earlier decision.
Questions about these Terms?
Email support@elmntone.com and a person — not a ticket queue — will answer.