1. Introduction and Acceptance of Terms
Welcome to Elsewhere.
These Terms of Service (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or the "Client"), and Elsewhere Industries, Inc. ("Elsewhere," "we," "us," or "our"), concerning your access to and use of the Elsewhere website, including any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the services we provide (the "Service").
Our Service offers a bespoke, subscription-based wellness protocol designed to guide users through introspective audio experiences. The Service is built on a hybrid intelligence model, combining proprietary AI for diagnostics with human-curated artistry to create personalized audio compositions (each, a "Passage").
By creating an account, clicking "I Agree," or by accessing or using the Service in any manner, you (a) acknowledge that you have read, understand, and agree to be bound by these Terms; (b) represent that you are of legal age to form a binding contract; and (c) agree that these Terms constitute a binding contract between you and us.
If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and the Service and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Service after the date such revised Terms are posted will constitute your acceptance of the changes.
2. Nature of the Service and Important Disclaimers
2.1 For Educational and Entertainment Purposes Only.
You acknowledge that the Service provided by Elsewhere, including all audio Passages, insights, and other content, is offered for educational, informational, and entertainment purposes only. The Service is designed to be a tool for personal growth and self-help.
2.2 No Professional Advice.
The Service does not, and is not intended to, constitute professional medical, psychiatric, psychological, therapeutic, or financial advice. You must not rely on the information provided by the Service as a substitute for, nor does it replace, professional advice from a qualified provider. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or mental health concern. Never disregard professional medical advice or delay in seeking it because of something you have heard or experienced through the Service.
2.3 No Guaranteed Outcomes.
Elsewhere makes no warranties, express or implied, regarding the results you may achieve by using the Service. While the Service is designed to be a potent tool for personal development, you acknowledge that your results are dependent on numerous personal factors and your own subsequent actions. We do not guarantee any specific outcome, including but not limited to financial gain, relationship changes, or improvements in health or well-being. Any testimonials or "dispatches" presented on our Site are illustrative of individual experiences and do not represent a guarantee of similar results for all Clients.
2.4 Not a Treatment for Medical Conditions.
The Service is not intended to diagnose, treat, cure, or prevent any disease, illness, or medical or psychological condition. If you have or suspect that you have a medical or mental health problem, contact your professional healthcare provider promptly. If you are in crisis, please call 911 or your local emergency services immediately.
3. Assumption of Risk and Client Acknowledgements
3.1 Voluntary Participation.
You acknowledge that your use of the Elsewhere Service is completely voluntary. You are solely responsible for the choices, actions, and decisions you make before, during, and after your use of the Service.
3.2 Acknowledgment of Potent Nature.
You acknowledge that you have been informed and understand that the Elsewhere Service is a potent tool designed to influence your subconscious mind and internal state. You understand that the purpose of the Service is to facilitate profound personal change.
3.3 Assumption of Risk for Life Changes.
You hereby acknowledge and agree that facilitating such change may lead to significant and potentially rapid shifts in your personal and professional life. These shifts may include, but are not limited to, changes in your career path, your personal and professional relationships, your lifestyle, your financial situation, and your perception of the world. You expressly assume all risks, known and unknown, associated with these changes. You agree that Elsewhere is not responsible or liable for any life changes that you perceive as negative or unanticipated which may occur during or after your use of the Service.
3.4 User Responsibility for Consequences.
You agree that you are solely responsible for managing the consequences of any life changes that may occur. It is your responsibility to make conscious, thoughtful decisions in your life, and you agree not to hold Elsewhere liable for any outcomes resulting from the decisions you make.
3.5 Pre-existing Conditions.
You represent and warrant that you do not have any mental or physical condition that would make your use of this Service hazardous to yourself or others. You agree to consult with a qualified health professional before using the Service if you have any pre-existing psychological or neurological conditions.
4. User Accounts, Passwords, and Security
4.1 Account Creation.
To access the Service, you must register for a user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Confidentiality and Responsibility.
You are responsible for safeguarding your Account password and any other credentials used to access your Account. You agree not to disclose your password to any third party. You are solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions.
4.3 Unauthorized Use.
If we are involved in a merger, acquisition, bankruptcy, reorganization, or sale of assets, your information may be sold or transferred as part of that transaction. WYou must notify us immediately at [Insert Support Email Address, e.g., confidential@elsewhere.co] of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.e will notify you via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
4.4 Account Termination by Us.
We may share your informWe reserve the right to suspend or terminate your Account at any time, with or without notice to you, if we believe that you have violated these Terms or for any other reason in our sole discretion.ation for other purposes with your explicit consent. For example, if you were to agree to provide a testimonial for our Service.
4.5 One Account Per User.
Each Account is for a single user only. You may not share your Account with any other person.
5. Subscriptions, Payments, and Cancellation
5.1 Subscription.
Access to the Elsewhere Service requires an active, paid monthly subscription. Your subscription begins after the conclusion of your introductory trial period.
5.2 Introductory Trial.
We may offer a 7-day introductory trial ("Trial"). The Trial period begins upon the successful creation of your Account and submission of valid payment information. Unless you cancel before the end of the Trial period, your Account will automatically convert to a paid monthly subscription, and your payment method on file will be charged. We reserve the right to modify or terminate the Trial offer at any time. Only one Trial is permitted per person.
5.3 Billing Cycle.
Your subscription is billed on a recurring, monthly basis. Your "Billing Cycle" begins on the date your Trial period ends and recurs on the same date each subsequent month. Your payment method will be charged automatically at the start of each Billing Cycle for the subscription fee for that month.
5.4 Payment Method.
You agree to provide a current, valid, and accepted method of payment ("Payment Method"). You authorize us to charge your Payment Method for your subscription. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Service until we have successfully charged a valid Payment Method.
5.5 Price Changes.
We reserve the right to change the price of our subscription at any time. We will provide you with reasonable notice of any such price changes, typically at least 30 days before the changes take effect. Your continued use of the Service after the price change constitutes your agreement to pay the new price.
5.6 Cancellation.
You may cancel your monthly subscription at any time through your Account dashboard. The cancellation will take effect at the end of your current Billing Cycle. You will not receive a refund or credit for any partial-month subscription periods. You will continue to have access to the Service through the end of your paid Billing Cycle.
5.7 No Refunds.
All payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
6.1 Our Intellectual Property.
The Service and its original content, including but not limited to the text, graphics, images, logos, audio compositions (including all music and vocal performances), icons, software, and the arrangement thereof (collectively, the "Elsewhere Content"), are the exclusive property of Elsewhere Industries, Inc. and its licensors. The Elsewhere Content is protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
6.2 The Passages.
The bespoke audio compositions created for you as part of the Service ("Passages") are a unique form of intellectual property. You are granted a limited, non-exclusive, non-transferable license to stream your Passages for your own personal, non-commercial use, for as long as you maintain an active, paid subscription to the Service. This license does not grant you any ownership rights in the Passages. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Passages.
6.3 The Affirmation Song.
As a unique benefit, we grant you a perpetual, non-exclusive, worldwide, royalty-free license to download, store, and listen to the 3-minute "Affirmation Song" portion of your monthly Passage for your own personal, non-commercial use. This license survives the termination of your subscription. All other restrictions from Section 6.2 apply.
6.4 Your Content.
You may provide us with information during the onboarding process, including your goals, fears, and other personal data ("Client Content"). You retain all ownership rights to your Client Content. However, you grant Elsewhere a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your Client Content for the sole purpose of creating your personalized Passages and providing the Service to you.
6.5 Feedback.
If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you hereby assign to us all rights, title, and interest in and to that Feedback. We are free to use such Feedback for any purpose without any obligation or compensation to you.
7. Prohibited Activities
As a condition of your use of the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair any Elsewhere server, or the network(s) connected to any Elsewhere server, or interfere with any other party's use and enjoyment of the Service.
You are expressly prohibited from the following:
7.1 Systematic Retrieval and Data Mining.
Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. This includes the use of any bots, scrapers, or other automated means.
7.2 Unauthorized Access.
Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to any Elsewhere server through hacking, password mining, or any other means.
7.3 Reverse Engineering.
Except as may be permitted by applicable law, you may not decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site or its underlying software.
7.4 Infringement of Intellectual Property.
Using the Service to post, upload, or otherwise transmit any content that infringes upon any third party's intellectual property rights.
7.5 Resale of Service.
Reselling or otherwise making commercial use of the Service or the Elsewhere Content, including your Passages (beyond the personal use license granted in Section 6.3 for the Affirmation Song). Your account is for your personal use only.
7.6 Misrepresentation.
Creating an Account under false or fraudulent pretenses or impersonating any person or entity.
Any use of the Site or the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and the Service.
8. Limitation of Liability
IN NO EVENT WILL ELSEWHERE INDUSTRIES, INC., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE AND JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10. Privacy Policy
10.1 Our Commitment to Privacy.
We care about data privacy and security. Please review our Privacy Policy, which is available at [Insert Link to Your Privacy Policy Page]. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
10.2 Data Processing in the United States.
Please be advised the Site and Service are hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
10.3 Confidentiality of Client Content.
Elsewhere is architected to ensure the utmost privacy. As outlined in our Privacy Policy, your personal onboarding responses ("Client Content") are used by our hybrid intelligence system for the sole purpose of generating your Passages. While our AI systems process this data, our human practitioners only interact with the anonymized, refined output necessary for their artistic and engineering tasks.
10.4 Multi-Layer Data Protection.
To provide an enhanced layer of privacy, we employ data segregation protocols. Your diagnostic responses and Client Content are encrypted and stored separately from your personally identifiable information (PII), such as your name, email address, and billing details. This process is designed to ensure that your personal blueprint is not directly associated with your personal identity within our core production systems. While we implement a range of technical and procedural safeguards to protect the confidentiality of your blueprint, you acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure.
11. Dispute Resolution and Governing Law
11.1 Governing Law.
These Terms and your use of the Site and the Service are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
11.2 Informal Negotiations.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
11.3 Binding Arbitration.
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
11.4 Restrictions.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
11.5 Exceptions to Informal Negotiations and Arbitration.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of a party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
12. Term and Termination
12.1 Term.
These Terms of Service shall remain in full force and effect while you use the Service.
12.2 Termination by You.
You may terminate your use of the Service at any time by cancelling your subscription and deleting your Account, as specified in Section 5.
12.3 Termination by Us.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
12.4 Survival.
If your Account is terminated, the provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 6), disclaimers (Section 2), limitation of liability (Section 8), indemnification (Section 9), and dispute resolution (Section 11).
13. General Provisions
13.1 Entire Agreement.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service (including the Privacy Policy) constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
13.2 Assignment.
We may assign any or all of our rights and obligations to others at any time. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
13.3 Severability.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
13.4 No Joint Venture.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service.
13.5 Headings.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
13.6 Force Majeure.
We will not be liable for any failure or delay in performance of our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.
14. Electronic Communications, Transactions, and Signatures
14.1 Electronic Communications.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
14.2 Electronic Signatures.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
15. Contact Us
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:Elsewhere Company, Inc. 30745 Pacific Coast Hwy Ste 21 Malibu, CA 90265-3643 Email: support@elsewheretonight.com
