Effective Date: October 18, 2025
Legal Entity. Elev8ed Media Hub LLC, a Montana limited liability company (“Company,” “we,” “us,” or “our”).
Registered DBAs. Elev8ed AI Solutions; Elev8ed Reach.
Sites & Booking Pages. https://elev8edaisolutions.com and related subdomains, portals, and booking pages, including https://www.app.elev8edreach.com/widget/booking/RzxBdvapTyM0zZsrA4k1 (collectively, the “Site”).
Contact. [email protected] • [email protected] • +1 (406) 909-4491 • 1001 South Main Street, Suite 500, Kalispell, MT 59901
Branding Note. “Elev8ed” is spelled with the numeral eight.
1) Agreement to Terms
These Terms and Conditions (the “Terms”) govern access to and use of our websites, booking pages, and services, including Elev8ed Reach: AI Discovery Foundation and Elev8ed AI Solutions custom automation projects (collectively, the “Services”). By accessing the Services, submitting an order, scheduling via the booking link, or clicking to accept, you agree to these Terms and our Privacy Notice. If you do not agree, do not use the Services. You represent that you are at least 18 years old and, if acting for a business, have authority to bind that business.
2) Changes to Terms
We may update these Terms at any time. The Effective Date above will change when we do. Material changes will be communicated via email, in-app, or Site banner. Continued use after notice constitutes acceptance.
3) Key Definitions
Order Form / SOW. Any checkout, booking confirmation, invoice, scope of work, or signed quote describing your Services, deliverables, timelines, and pricing.
Client Content. Text, images, menus, logos, offers, lists, review data, and other materials you supply or authorize us to obtain.
Messaging. SMS/MMS, email, and review responses facilitated by the Services.
Subprocessors. Third-party platforms or vendors we use (e.g., hosting, analytics, LLMs, messaging, payments).
Area. For category exclusivity, the geographic territory designated in your Order Form; if not specified, “Area” refers to Whitefish, Montana for the AI Discovery Foundation program.
4) Accounts; Client Responsibilities
You are responsible for: (a) safeguarding account credentials; (b) accuracy and legality of Client Content; (c) obtaining and maintaining all required consents for any data or messaging you ask us to process; (d) timely approvals and cooperation; and (e) compliance with applicable laws and third-party platform rules (Google, Apple, Yelp, Meta/Instagram, etc.). Do not transmit payment card data or PHI to us except via approved, compliant channels (e.g., Stripe checkout).
5) Booking, Enrollment, Availability & Deadlines
How to reserve/apply. Book a Strategy Call or Free AI Visibility + Maps Audit via https://www.app.elev8edreach.com/widget/bookings/newlaunch.
Enrollment window. Enrollment ends October 20, 2025, or when categories fill—whichever occurs first.
Whitefish exclusivity. One restaurant per category in Whitefish (see §8.5). Current category list (10 total): Pizza, Mexican, Steakhouse, Coffee/Café, Family Restaurant, BBQ, Bar & Grill, Italian, Food Truck, Dessert/Ice Cream.
KEY UPDATE: Program Name, Fee, and Duration
6) Scope; Deliverables; Out-of-Scope; Approvals
6.1 Program Overview — Elev8ed Reach: AI Discovery Foundation.
A one-time, 60-day program consisting of: 30 days for setup and implementation (Phase 1) followed by 30 days of complimentary performance monitoring (Phase 2). The 60-day clock begins only after Annex A prerequisites are met and we confirm the official start date in writing. The program is designed to maximize your restaurant's visibility in AI search environments like ChatGPT and Google AI Overviews.
6.2 Deliverables (baseline package).
DeliverableDetailSOP SourceAI-Optimized Answer Pages5 high-quality, long-form (800–1,200 words each) answer pages targeting specific tourist/local search intent queries.Custom FAQs5 custom, local/tourist-targeted FAQs (150–200 words each) implemented via on-site content/schema and 5 Q&As implemented on your GBP.Structured Data (Schema)Implementation of 4 core schema types (Organization, LocalBusiness, FAQ, Menu) to ensure AI readability and Rich Results eligibility.AI Traffic TrackingSetup of custom dimensions in GA4 to track real visitor traffic originating from AI platforms (ChatGPT, Perplexity, etc.).GBP OptimizationStrategic Q&As implementation on your Google Business Profile.Query Bank25 custom test queries created for ongoing monitoring.Bonus Platform OptimizationComplete audit and enhancement of your OpenTable profile, Yelp profile, and robots.txt configuration for OAI-SearchBot.Technical Validation & ProofFinal Verification Report with Rich Results Test/Schema validation, crawlability confirmation, and before/after profile screenshots.
6.3 Out-of-Scope.
Anything not expressly listed in §6.2 or your Order Form/SOW is out of scope and requires a written change order (adjusted fees/timelines). Examples include: creation/management of Resy profiles (we only audit/optimize if one exists), full site rebuilds, paid ads, social media management, link-building, photography, complex custom development, or extensive POS integrations beyond analytics correlation.
6.4 Approvals.
You will designate one approver. You must approve or request revisions for content within 7 days of receipt. You are entitled to 2 rounds of revisions. If no approval is received after 7 business days, we may pause work and extend the overall program timeline accordingly. "Emergency" implementation without approval happens only with your written consent.
7) Fees; Payment; Taxes; Chargebacks
KEY UPDATE: Program Price
7.1 Price & Payment.
The one-time fee for the Elev8ed Reach: AI Discovery Foundation program is $1,297, paid in full upfront at enrollment (processed by Stripe to “ELEV8ED MEDIA HUB” or network-compliant variant). Fees exclude taxes, regulatory, or pass-through charges.
7.2 Taxes.
You are responsible for applicable taxes and surcharges.
7.3 Chargebacks.
Please contact [email protected] to resolve billing concerns before initiating a dispute. Chargebacks filed in bad faith may include recovery of dispute fees and our reasonable costs.
8) Success Criteria; Guarantee; Monitoring; Inspection; Cure; Money-Back Guarantee
8.1 Objective Success Criteria (We deliver or full refund).
Within the 30-day Setup and Implementation period (subject to Annex A start conditions and client approvals), we will meet the following delivery standards:
(a) Google Rich Results Test: achieve zero critical errors on all implemented schemas and pages.
(b) Schema Markup Validation: meet Google standards with ≥95% validation across all implemented structured data.
(c) Custom FAQs: deliver and implement 5 custom FAQs on-site and 5 Q&As on your GBP.
(d) Answer Pages: publish 5 AI-optimized pages that are live, crawlable, and technically verified.
(e) AI Tracking: GA4 AI referrer tracking configured.
(f) robots.txt: Verification that OAI-SearchBot is allowed to crawl the site.
(g) Verification File: provide professional deliverable package with proof (screens, URLs, test results).
8.2 Performance Guarantee (We optimize/replace for free).
During the 30-day complimentary monitoring period (Days 31–60), if any of your 5 Answer Pages scores below 30% in our daily AI visibility tests, we will optimize or replace that page for free.
8.3 Inspection & Notice.
Upon delivery of the Verification File, you have five (5) business days to provide a consolidated written notice identifying unmet Success Criteria from §8.1. Absent such notice, deliverables are deemed accepted.
8.4 Cure.
If we receive timely notice, we will use commercially reasonable efforts to cure within a reasonable period. We may require reasonable access/cooperation to complete cure.
8.5 Money-Back Guarantee.
If, after cure, we cannot meet the Objective Success Criteria in §8.1, we will refund $1,297 within five (5) business days.
Refund Exclusions. No refund if failure is caused by: (i) client delays or failure to provide access/approvals/materials per Annex A; (ii) platform/hosting limitations beyond our control; (iii) third-party outages/changes (e.g., indexing behavior, algorithm updates); (iv) client removal/rollback of our changes; or (v) security blocks/policy violations by third-party platforms. No refunds are provided based on the results of the complimentary monitoring period (Days 31–60).
8.6 Category Exclusivity (Whitefish).
One per category on a first-come, first-served basis upon purchase, for the duration of the 60-day program. Exclusivity ends when the program completes/is refunded or if the engagement is terminated for client breach. Current categories (10): Pizza, Mexican, Steakhouse, Coffee/Café, Family Restaurant, BBQ, Bar & Grill, Italian, Food Truck, Dessert/Ice Cream. If a conflict arises from status display, our obligation is limited to refunding your fee or offering the next available category.
9) No Ranking/Revenue Guarantees; Platform Dependency
We optimize for maximum AI visibility; however, we do not guarantee inclusion or specific ranking/placement in any third-party AI assistant, search engine, or map platform (e.g., ChatGPT, Perplexity, Google AI Overviews, Bing Copilot). Algorithms, policies, and indexing behavior are outside our control. We provide the 30-day complimentary monitoring to demonstrate visibility signals, but the monitoring results themselves do not constitute a guarantee of financial outcomes or specific inclusion rates.
10) Changes & Dependencies
10.1 Changes.
Out-of-scope requests require a written change order with adjusted fees/timelines. You are entitled to 2 rounds of revisions on generated content; subsequent revisions may incur a $297 fee per round.
10.2 Dependencies.
You will provide menu, hours, NAP, assets, and working access to website, Google properties, and (optionally) POS analytics per Annex A. Delays toll timelines.
11) Acceptable Use
Do not use the Services to: send spam; harvest addresses; incentivize, gate, or suppress reviews; or transmit unlawful, misleading, discriminatory, or infringing content. Comply with platform policies (Google, Apple, Yelp, Meta, etc.). We may throttle, pause, or suspend any use that appears abusive or non-compliant.
12) Data Use; AI & Third-Party APIs; Security
We process Client Content and limited personal data to deliver the Services, including via AI models and third-party APIs such as OpenAI API, Anthropic Claude API, Apify, SerpAPI, Perplexity API, and DataForSEO. We do not sell personal information. We implement safeguards appropriate to our role; no method is 100% secure. Your use of any connected third-party service (e.g., Google Search Console, GA4, GBP, POS, Yelp, OpenTable) is governed by that service’s terms/privacy policies. You are responsible for granting/revoking access and for the security of your third-party accounts. See our Privacy Notice for details.
13) Intellectual Property; Ownership; Portfolio Use
13.1 Client Ownership to Deliverables.
Upon full payment, you receive permanent ownership of all Work Product created specifically for you (e.g., Answer Page content, JSON-LD schema we author/deploy, configuration files). You receive a non-exclusive, royalty-free, perpetual license to use the Work Product for your business marketing.
13.2 Company IP Reserved.
We retain ownership of pre-existing and underlying IP (methodologies, prompts, frameworks, Claude Code scripts, n8n workflows, and tooling). No rights are granted except as expressly stated.
13.3 Portfolio/Case Studies; Testimonials.
You grant a limited, revocable license to display your name/logo and non-confidential results in portfolios/case studies (opt-out prospectively by written notice). Identified testimonials will only be used with consent where required.
14) Disclaimers
THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT ANY PARTICULAR SEARCH/AI RANKING, INCLUSION, TRAFFIC, REVENUE, OR CONVERSION OUTCOME.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR GOODWILL; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM (i.e., $1,297).
16) Indemnification
You agree to defend, indemnify, and hold harmless the Company and our officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Client Content; (c) your violation of these Terms, laws, or platform policies; or (d) your data integrations and permissions with third-party platforms.
17) Term; Suspension; Termination
The Elev8ed Reach: AI Discovery Foundation program is a one-time, 60-day engagement unless an ongoing monitoring or optimization package is purchased. We may suspend or terminate for cause (including non-payment, suspected abuse, or non-compliance) on written notice. Upon termination, your right to access the Services ceases; payment obligations and §§12–24 survive. All work product created and delivered to you remains yours permanently, even if the engagement is terminated.
18) Free Audit; Strategy Fit Session
The Free Restaurant AI Visibility + Maps Audit and Strategy Call are informational and not professional, legal, or financial advice. Any action plan is licensed for your internal use; we may retain de-identified learnings.
19) Advertising Claims & Comparative References
Any performance numbers (e.g., AI/voice usage rates, “near me” growth, or invisibility percentages), local tourist spend, or competitive references are illustrative and based on cited industry reports, internal analyses (including small-sample AI query tests), and market observations. Results vary by market, seasonality, and participation.
20) Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control, including platform outages, algorithm changes, hosting failures, or major search engine updates. Timelines may be extended accordingly.
21) Current Subprocessors (Key Vendors)
We use reputable vendors to deliver the Services. Illustrative list (subject to change — the definitive current list lives in the Privacy Notice):
VendorPurposeSOP SourceAnthropic (Claude API)Content generation (schemas, FAQs, Answer Pages), review analysisOpenAI (OpenAI API)Query testing, competitor analysis, monitoring (gpt-4o-mini)ApifyReview scraping, data extraction (GBP reviews)SerpAPIGoogle AI Overviews detection/monitoringPerplexity APIPerplexity AI testing/monitoringDataForSEOBing Copilot detection/monitoringGoHighLevelCRM, pipeline tracking, automations, GHL APIn8nWorkflow automation, API orchestration (self-hosted or cloud)GoogleSheets, Drive, Docs, Analytics (GA4), Looker StudioOpenTable/Resy/YelpProfile audit/optimization
We may add/replace vendors for reliability, security, or feature reasons. We will update our Privacy Notice to reflect material changes where required by law.
22) Dispute Resolution; Governing Law; Class Waiver
These Terms are governed by the laws of the State of Montana, without regard to conflict-of-law rules. The parties will first attempt good-faith negotiation for 30 days. If unresolved, disputes will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules.
CLASS ACTION WAIVER. Disputes will be resolved only on an individual basis; class, consolidated, or representative actions are not permitted. Venue for any permitted court action is Flathead County, Montana. Jury trial is waived.
23) Electronic Communications; Notices; E-Sign
You consent to receive notices electronically (email, in-app, SMS) and to electronic signatures/records. Keep contact details current.
24) Assignment; Entire Agreement; Order of Precedence
You may not assign these Terms without our written consent; we may assign in connection with a merger, acquisition, or sale of assets. These Terms (together with the Privacy Notice and your Order Form/SOW) constitute the entire agreement and supersede prior agreements regarding the Services. Order of Precedence: Order Form/SOW → these Terms → Privacy Notice. If any provision is unenforceable, it will be limited to the minimum extent necessary. No waiver is implied by delay or failure to enforce. Headings are for convenience only.
Annex A — Client Requirements & Start Conditions
(Elev8ed Reach: AI Discovery Foundation)
A1. Required Access & Information (must be provisioned before start)
CategoryRequired Access / InformationSOP SourceWebsite & TechnicalAdmin credentials enabling: add pages; edit navigation; install header/footer code; file manager/FTP (if applicable). Platform and hosting information.Google & AnalyticsSearch Console Owner/Admin access. GA4 Admin access. Google Business Profile Manager/Admin access (for Q&A implementation). One Gmail/Workspace identity to anchor permissions.Business MaterialsCurrent menu (PDF/images) with accurate prices/descriptions. Hours (including holiday/seasonal variations). Confirmed NAP + social handles. Unique Selling Points and Brand Voice preferences (via Intake Form).Platform AccessOpenTable profile URL, with admin access or login credentials (if applicable). Resy profile check (if applicable).Payment$1,297 one-time program fee (Stripe).
A2. Start Date & 60-Day Clock
The 60-day program period begins only after: (i) all access is verified (via Intake Form and Kickoff Call), (ii) required materials are delivered, and (iii) we confirm the official start date in writing. Days 1–30 are for Setup & Implementation; Days 31–60 are for Complimentary Monitoring.
A3. Technical Implementation & Platform Limitations
Program requires ability to add pages, install schema, and modify content. If your platform/plan prevents full implementation (e.g., custom code, API-limited Wix), we will propose reasonable alternatives, document limitations, and adjust deliverables where feasible. Refund Exclusions in §8.5 apply to platform limitations outside our control.
A4. Content Approval
One designated approver; 7-day content review turnaround.
Revisions: 2 rounds of revisions are included.
If no approval within 7 business days, we may pause work and extend the timeline by the delayed days.
Emergency implementation without approval only with your written consent.
A5. Success Criteria & Measurement
As detailed in §8.1: Rich Results (no critical errors); Schema $\ge 95\%$; 5 custom FAQs implemented on-site and 5 Q&As on GBP; 5 Answer Pages live/crawlable; AI Tracking and robots.txt configured; Verification File delivered. The Performance Guarantee in §8.2 is for content visibility during the complimentary monitoring period; no ranking/inclusion guarantee.
A6. Search Engine Behavior & Algorithm Changes
Indexing can take 1–2 weeks or longer; Rich Results are discretionary. If major algorithm changes occur during the setup period, we will assess within 48 hours, attempt reasonable adjustments at no extra cost, and extend timelines if significant re-work is required.
A7. Payment & Refund Alignment
$1,297 upfront (see §7). Inspection, cure, and Money-Back Guarantee per §8 (subject to Refund Exclusions in §8.5).
A8. Client Acknowledgment
By executing the Order Form/checkout or otherwise accepting the Terms, you acknowledge Annex A and agree that delays in providing access or approvals extend the timeline accordingly.
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