Elastic Ventures, LLC (“Us” or “We”) provides the www.moreelastic.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of the “Last Modified” date identified at the bottom of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

OVERVIEW OF OUR SERVICES:

To ensure the quality of the Elastic Ventures, LLC experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account.

Requests and tasks of your ElasticEngineer are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones—they’ll love you and so will we. Your Elastic Ventures, LLC account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

All Elastic Ventures, LLC plans are governed by a weekly hour limit by plan type. If these hours are unused by the next week, the hours will not carry over to the next week.

Elastic Ventures, LLC may decide for any reason that monthly subscription prices need to be raised or decreased without notice after the contracted period. Advertised Prices are subject to add on fees for custom solutions that you require which are outside of the typical solutions our ElasticEngineers can perform.

If a credit card or form of payment is declined, Client has 48 hours to resolve the issue. If the issue is not resolved within that time frame, Elastic Ventures, LLC has the right to terminate or pause service until payment occurs.

Any agreement or attempted agreement between client and ElasticEngineer, in connection with a service contract, requiring that payment be made outside of Elastic Ventures, LLC shall constitute a material breach of this agreement and be subject to cancellation without refund.

TERM:

All Elastic Ventures, LLC plans are monthly agreements at advertised or contracted rates, which begin the day your ElasticEngineer begins on your tasks. The agreement commences with a 90-day minimum commitment and shifts to a month-to-month commitment thereafter. The first charge occurs the date of your scheduled onboarding with your ElasticEngineer. Subsequent charges occur on or near the first of every month.

REQUESTS AND TASKS:

Each request (task) for your ElasticEngineer must be submitted by phone, email or SMS. You’re more than welcome to submit multiple tasks at one time. You will have one ElasticEngineer dedicated to your use and needs for task work. You may request a change of Elastic Engineers at any time, for no added cost. This process will be completed by us within an amount of time we consider to be reasonable (usually 1-2 weeks), although this may not always be the case. Your ElasticEngineer is dedicated to you but may not be exclusive. Our engineers may be working on tasks for another customer, depending on your contracted plan.

If you ever feel like your service could be better, you can contact us by telephone or email us at help@moreelastic.com.

That should give you a good idea of what we’re able to accomplish and what we simply cannot do. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.
OWNERSHIP AND CONFIDENTIALITY OF WORK PRODUCT:

If an ElasticEngineer creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Elastic Ventures, LLC grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.

To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Elastic Ventures, LLC to a third party.

As used in these Terms of Service, your confidential information means non-public information that you provide to Elastic Ventures, LLC or an ElasticEngineer that you reasonably expect Elastic Ventures, LLC to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Elastic Ventures, LLC or an ElasticEngineer; (2) was or becomes available to Elastic Ventures, LLC or an ElasticEngineer on a non-confidential basis prior to your disclosure of the information to Elastic Ventures, LLC or an ElasticEngineer; (3) is independently developed by Elastic Ventures, LLC or an ElasticEngineer without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Elastic Ventures, LLC’s rights or property, or the rights or property of ElasticEngineerts or our other clients.

As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

GUARANTEE AND WARRANTY:

There is no warranty on any of the information, tasks, or projects your ElasticEngineer completes for you. What we will promise is that we’ll do our best to provide the most accurate, most effective information available and we know ElasticEngineers do this better than anyone else. However, if we give you information or results that are wrong, although we’ll be deeply sorry, you can’t hold us liable for it (or the results) legally.

EARLY CANCELLATION:

Cancellation after the completion of a credit card authorization form but before the kickoff call (first day of ElasticEngineer’s employment with you) is deemed an “early cancellation”. The fee for early cancellation is $2,500 per approved role. This fee will be charged to the credit card on file.

TERMINATION OF SERVICE:

We reserve the right to terminate the service of a Elastic Ventures, LLC client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

• If the client is constantly requesting tasks outside the scope of their service plan and we’re unable to find a solution by scaling back the requests
• If the client is abusive to his/her engineer or any other ElasticEngineer
• If the client requests illegal tasks or tasks deemed unethical of their ElasticEngineer.

The client may cancel service for any reason, in writing, with a minimum 5-day notice prior to their next billing cycle for those paying for the month-to-month option. For clients who chose the 3-month or 12-month commitment options, the remainder of the unused term is still due.

ELASTIC VENTURES, LLC TERMS OF SERVICE NON-SOLICITATION PROVISION:

I acknowledge that Elastic Ventures, LLC has made substantial investments in recruiting, training and matching skilled Elastic Ventures, LLC engineers with each of its members including me, and that Elastic Ventures, LLC has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Elastic Ventures, LLC has agreements with Elastic Ventures, LLC engineers that protect this interest by requiring that Elastic Ventures, LLC engineers obtain Elastic Ventures, LLC’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Elastic Ventures, LLC member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twenty four (24) months immediately following the termination of my relationship with Elastic Ventures, LLC for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Elastic Ventures, LLC engineers who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with Elastic Ventures, LLC to leave his or her employment with Elastic Ventures, LLC and to work for me in any engagement directly or indirectly. I shall also not directly or indirectly solicit any Elastic Ventures, LLC engineer referral, friend, family or acquaintance. Should any solicitation by me become a substantial factor resulting in a Elastic Ventures, LLC engineer leaving Elastic Ventures, LLC and accepting an engagement with me directly or indirectly without Elastic Ventures, LLC’s consent, I agree to pay Elastic Ventures, LLC as liquidated damages calculated to compensate Elastic Ventures, LLC for its lost investments and not as a penalty of any kind, a one-time fee equivalent to two years of my monthly Elastic Ventures, LLC subscription in effect at the most recent date that the Elastic Ventures, LLC engineer had been assigned to me by Elastic Ventures, LLC.

DATA RIGHTS AND PROTECION:

Elastic Ventures, LLC has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. If at any time a customer discontinues their relationship with Elastic Ventures, LLC, the customer can request that his or her personal data is wholly erased from our records.

In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:

OBTAINING CONSENT:

Elastic Ventures, LLC wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time.

DATA PORTABILITY:

This gives users rights to their own data. Customers will be able to obtain their data from Elastic Ventures, LLC in an electronic report and reuse that same data in different environments outside of ours.

PRIVACY BY DESIGN:

Elastic Ventures, LLC has a full and detailed map of our data collection process and the various parties privy to that data Elastic Ventures, LLC has specifically designed its systems and trained its staff to maintain customer privacy. We strive to continue to improve and adapt this design to be forward looking.

Updated Date: 11/18/2023