Terms of Service

You must be at least 18 years old and able to form a binding contract to use ELMA. You may not use the service if you are barred from doing so under applicable law.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Provide accurate information and keep it up to date. Notify us promptly of any unauthorized use.

You are responsible for the configuration of your AI receptionist, including greetings, knowledge base content, business hours, escalation rules, and connected integrations.

ELMA is a SaaS platform that lets you create and operate a custom AI receptionist. Features may include 24/7 phone answering, website voice and chat widgets, appointment booking with connected calendars, and email summaries of calls or chats.

We may modify, improve, or discontinue features with reasonable notice when practicable. Beta or preview features may be provided as-is and may change or end at any time.

You agree not to:

• Use ELMA for unlawful, harmful, deceptive, or abusive purposes.
• Violate telemarketing, privacy, recording-consent, or consumer-protection laws applicable to your calls, chats, or messages.
• Attempt to access other customers’ data, probe our systems without authorization, or interfere with service integrity.
• Upload or transmit malware, or use ELMA to spam, phish, or harass.
• Misrepresent your identity or your relationship to Focusteck.
• Resell or sublicense ELMA except as expressly permitted in writing.
• Reverse engineer the service except where such restriction is prohibited by law.

Paid plans, free trials, and usage limits are as shown in the ELMA application, on our pricing pages, or in an order form. Fees are due according to the billing terms presented at purchase. Unless otherwise stated, subscriptions renew automatically until canceled.

Taxes may apply. Except where required by law or expressly stated otherwise, fees are non-refundable. Free trials may require a payment method on file; you will not be charged until you actively upgrade, unless otherwise stated at signup. Account review may apply on signup.

ELMA uses artificial intelligence. AI responses, transcripts, routing decisions, and bookings may be incomplete, inaccurate, or inappropriate in some cases.

You are responsible for reviewing and verifying important communications, appointments, and customer-facing content. Do not rely on ELMA as the sole control for emergency, medical, legal, or other high-risk situations without appropriate human oversight.

ELMA may integrate with third-party services such as Google Calendar, Microsoft Outlook, email providers, telephony providers, and hosting vendors. Your use of those services is subject to their own terms and privacy policies.

We are not responsible for third-party outages, policy changes, or data handling outside our control. Connecting an integration authorizes us to exchange data with that provider as needed to provide the features you enable.

Focusteck and its licensors own ELMA, including software, branding, and documentation. These Terms do not transfer ownership to you.

You retain ownership of content you submit (such as knowledge base text and business information). You grant Focusteck a limited license to host and process that content solely to provide and improve the service.

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and use it only for purposes of these Terms, except where disclosure is required by law.

ELMA IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCUSTECK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components, or that AI outputs, transcripts, bookings, routing, or messages will be accurate, complete, timely, or suitable for your business. You use ELMA at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCUSTECK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, INCLUDING DAMAGES ARISING FROM MISSED OR FAILED CALLS, CHATS, BOOKINGS, MESSAGES, AI ERRORS, SERVICE INTERRUPTIONS, INTEGRATION FAILURES, OR YOUR RELIANCE ON ELMA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, FOCUSTECK WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) ELMA, YOUR CONFIGURATION OF THE SERVICE, YOUR CUSTOMERS’ INTERACTIONS WITH THE AI RECEPTIONIST, OR ANY THIRD-PARTY SERVICE YOU CONNECT.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ELMA WILL NOT EXCEED THE AMOUNTS YOU PAID TO FOCUSTECK FOR ELMA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NOTHING, FOCUSTECK’S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in those cases, Focusteck’s liability is limited to the fullest extent permitted by applicable law. These limitations are a fundamental part of the bargain between you and Focusteck.

You will defend, indemnify, and hold harmless Focusteck and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of ELMA, your content, your customer communications, your configuration of the service, or your violation of these Terms or applicable law.

You may stop using ELMA at any time and cancel according to in-app billing controls. We may suspend or terminate access if you breach these Terms, if required by law, or if needed to protect the service or other users.

Upon termination, your right to use ELMA ends. Provisions that by nature should survive (including intellectual property, disclaimers, limitations of liability, and indemnity) will survive.

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles, unless a different jurisdiction is required by applicable consumer law. Courts in that jurisdiction will have exclusive venue for disputes, except where prohibited.

If your organization requires a different governing law, contact us to discuss a written amendment.

We may update these Terms from time to time. The “Last updated” date will change when we do. If changes are material, we may provide additional notice. Continued use after updates become effective constitutes acceptance.

Questions about these Terms: sales@callelma.com or +1 (888) 299 7707. Focusteck. Website: https://callelma.com.