Terms of Service
Effective Date: March 8, 2026 | Last Updated: March 8, 2026
1. Overview
These Terms of Service ("Terms of Service" or "Agreement") are entered into between you ("Client," "you," or "your") and Elite Solutions Consulting, operating under the service brand AlacrityFlo ("AlacrityFlo," "we," "us," or "our"). These Terms of Service govern your access to and use of AlacrityFlo's website at AlacrityFlo.com and all platforms, tools, content, functionality, communication channels, software, and services offered on or through it (collectively, the "Platform").
By using the Platform, you agree to be bound by and abide by these Terms of Service. AlacrityFlo may suspend or terminate your ability to use the Platform without notice if you do not comply. If you do not agree to these Terms of Service, you must not access or use the Platform. You must be at least 18 years old to use the Platform, and if you are accepting on behalf of a company or organization, you represent that you have authority to bind that entity.
We reserve the right to make changes to the Platform and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes.
All information collected on the Platform is subject to our Privacy Policy posted on the Platform. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is incorporated into and governed by these Terms of Service. To the extent there is a conflict, these Terms of Service supersede the Privacy Policy.
As used in these Terms of Service, references to the "AlacrityFlo Team" include AlacrityFlo, Elite Solutions Consulting, our owners, assigns, subsidiaries, affiliated companies, officers, directors, employees, contractors, and all parties involved in creating, producing, and/or delivering the Platform and Services.
2. Definitions
For purposes of these Terms of Service, the following definitions apply:
"Platform" refers to any and all digital environments through which AlacrityFlo delivers or supports its Services, including but not limited to: the AlacrityFlo.com website; client and project portals (web-based); SaaS tools provisioned or licensed by AlacrityFlo; third-party platforms integrated into service delivery (e.g., cloud infrastructure, CRM systems, project management tools); and custom-built applications or solutions developed for or deployed on behalf of a Client.
"Services" refers to all consulting, advisory, implementation, development, integration, managed services, and AI-related services offered by AlacrityFlo, as further described in Section 3.
"AI Services" refers to AlacrityFlo's artificial intelligence strategy, implementation, deployment, and ongoing managed AI services, which are subject to a one-time setup and customization fee and a recurring monthly service fee, as described in Section 7.
"Deliverables" refers to any work product, report, software, integration, configuration, documentation, or other output produced by AlacrityFlo specifically for a Client pursuant to a Statement of Work or engagement agreement.
"Statement of Work" or "SOW" refers to a written document executed by both parties defining the scope, timeline, fees, and specific terms applicable to a particular engagement or project.
"Addendum" refers to a supplemental agreement or additional terms document that modifies or supplements these Terms of Service for a specific engagement, integration, or project, as described in Section 5.
"Confidential Information" has the meaning set forth in Section 11.
"Platform Content" means the Platform and its entire content, data, features, Services, and functionality, excluding User Contributions.
"User Contributions" has the meaning set forth in Section 14.
3. Description of Services
AlacrityFlo provides technology consulting and AI innovations services to business clients. Services include, but are not limited to:
IT consulting and technology advisory services
AI strategy, planning, implementation, and managed AI services ("AI Services")
Custom software and application development
Systems integration and interoperability solutions
Managed services and ongoing technology support
The specific scope, deliverables, timeline, and fees for any given engagement are defined in a mutually executed Statement of Work or service agreement. In the event of a conflict between a SOW and these Terms of Service, the SOW shall govern with respect to the specific engagement, unless otherwise expressly stated.
A. Right to Modify the Services
AlacrityFlo reserves the right to implement new elements as part of the Services, including changes that may affect the previous mode of operation. We believe any such modifications will enhance the overall Services, but we acknowledge your opinion may vary.
B. No Contingency on Future Releases
Your engagement of Services is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term or any third-party services.
C. As-Is
Except as expressly provided otherwise in these Terms of Service or an applicable SOW, the Platform is provided on an "as-is" basis as further described in Section 10.
D. Additional Terms
Additional terms may apply to specific Services and programs offered by AlacrityFlo, including AI Services. To the extent there is a conflict, these Terms of Service will take precedence unless a fully executed Addendum provides otherwise.
4. Platform Access and Use
A. Access to Platforms
Depending on the Services engaged, Clients may be granted access to one or more Platforms, including web-based client portals, SaaS tools provisioned by AlacrityFlo, third-party platforms (such as cloud services, CRM systems, or project management tools), and custom-built applications. Access to each Platform is governed by these Terms of Service and any applicable Addendum or platform-specific terms provided at the time of onboarding.
B. Account Credentials
Where Platform access requires account credentials, Clients are responsible for maintaining the confidentiality of their login information and for all activity occurring under their account. You agree to notify AlacrityFlo immediately at [email protected] if you become aware of any unauthorized access to or use of your account. AlacrityFlo reserves the right to disable login credentials at any time in its sole discretion. User accounts are non-transferable.
C. Acceptable Use
You and your employees, agents, and Clients may use the Platform and Services only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, agents, and Clients will not:
Use the Platform or any Services in any way that violates applicable local, state, national, or international law or regulation
Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way
Transmit any unlawful advertising or promotional material, including spam, junk mail, or chain letters
Impersonate or attempt to impersonate AlacrityFlo, an AlacrityFlo employee, another user, or any other person or entity
Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, connected servers, databases, or systems
Use any robot, spider, or other automated means to access the Platform for any unauthorized purpose
Reverse engineer, decompile, or disassemble any software or tools provided through the Platform
Reproduce, resell, or sublicense access to the Platform or Services without AlacrityFlo's prior written consent
Use the Platform in any manner that could disable, overburden, damage, or impair its operation
Attack the Platform via a denial-of-service or distributed denial-of-service attack
D. Client and End-User Conduct
In connection with your use of the Platform or Services, you agree that:
You, your employees, agents, and Clients will maintain all licenses, permissions, authorizations, consents, and permits necessary to carry out obligations under these Terms of Service
You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform
You will provide these Terms of Service to your employees, agents, and Clients and confirm they understand they are subject to these Terms of Service
You will be solely responsible for all of your use of the Platform, including the quality and integrity of any data made available to us
You have provided, and will continue to provide, adequate notices and have obtained the necessary permissions and consents to provide your Clients' data to us
E. Third-Party Platforms
Certain services may involve or require access to third-party platforms (e.g., cloud providers, CRM systems, SaaS tools). Use of such platforms is subject to the respective third party's terms of service and privacy policies. AlacrityFlo does not control and is not responsible for the availability, security, or practices of third-party platforms.
5. Addenda and Supplemental Terms
Certain engagements — including but not limited to AI Services, custom integrations, special projects, custom software development, and managed service arrangements — may require the execution of one or more Addenda or supplemental Terms of Service ("Supplemental Terms") in addition to these Terms of Service.
An Addendum may address matters such as:
AI Services-specific setup, customization, training, and deployment terms
Specialized data handling, access, or security requirements
Custom intellectual property ownership arrangements
Project-specific acceptance criteria and testing protocols
Unique service level agreements (SLAs) or performance benchmarks
Platform-specific terms of access or use
Regulatory or compliance obligations specific to the Client's industry
No Addendum or Supplemental Terms shall be binding unless executed in writing by authorized representatives of both AlacrityFlo and the Client. In the event of a conflict between an Addendum and these Terms of Service, the Addendum shall control with respect to its subject matter.
6. Intellectual Property
The Platform and its entire Platform Content are the property of Elite Solutions Consulting or its licensors and are protected by copyright, trademark, and other intellectual property laws. Platform Content does not include User Contributions.
The name "AlacrityFlo" and related logos are trademarks and service marks ("Marks") of Elite Solutions Consulting. Marks may not be used without advance written permission of AlacrityFlo. A third-party website featuring our logos or trademarks does not constitute or imply any approval, sponsorship, or endorsement by AlacrityFlo.
A. Limited License to Client
AlacrityFlo grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Any other use — including reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content — without prior written permission of AlacrityFlo is strictly prohibited.
B. Client-Owned Deliverables
Upon receipt of full payment for a specific engagement, AlacrityFlo assigns to Client all right, title, and interest in and to the Deliverables specifically created for that engagement under the applicable SOW, to the extent such Deliverables constitute original works of authorship created solely for Client. This assignment excludes AlacrityFlo Background IP.
C. AlacrityFlo Background IP
AlacrityFlo retains all right, title, and interest in and to its pre-existing intellectual property, methodologies, frameworks, tools, templates, know-how, AI models, and general-purpose software components ("Background IP"), including any improvements made in the course of performing Services. To the extent any Deliverable incorporates Background IP, AlacrityFlo grants Client a non-exclusive, non-transferable, royalty-free license to use such Background IP solely as incorporated in the Deliverable and for Client's internal business purposes.
D. Client Materials
Client retains all ownership of data, content, systems, and materials provided to AlacrityFlo for use in connection with the Services ("Client Materials"). Client grants AlacrityFlo a limited, non-exclusive license to use Client Materials solely to the extent necessary to perform the Services.
E. Copyright; DMCA
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Support at [email protected] (Subject line: "DMCA Takedown Request"). Your notification must include: an authorized signature; a description of the copyrighted work; location of the infringing material on the Platform; your contact information; a statement of good faith belief; and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf. We will process and investigate notices and take appropriate actions under the DMCA.
7. Fees, Billing, and Payment
A. Engagement Types and Fee Structures
AlacrityFlo offers Services on both a project-based (fixed scope) and retainer (ongoing) basis, as defined in the applicable SOW or service agreement. The following fee structures apply:
Project-Based Engagements: Services are scoped, priced, and delivered within a defined period. Any work outside the agreed scope requires a written change order or amended SOW.
Retainer Engagements: Services are provided on an ongoing basis for a recurring monthly fee. Retainer terms, including service hours, scope, and renewal conditions, are defined in the applicable SOW.
AI Services — Setup Fee + Monthly Fee
Certain AI Services require a one-time setup and customization fee ("Setup Fee") in addition to a recurring monthly service fee ("Monthly AI Fee").
The Setup Fee covers initial configuration, customization, integration, and deployment of AI solutions specific to the Client's environment. The Monthly AI Fee covers ongoing support, maintenance, monitoring, and managed AI service delivery.
Both fees are set forth in the applicable SOW or AI Services Addendum. The Setup Fee is due prior to commencement of setup work. The Monthly AI Fee is billed in advance of each service month. Failure to pay the Monthly AI Fee may result in suspension of AI Services as described in Section 7(E).
Note: AI Services Agreement may include additional terms specific to model usage, data handling, third-party AI platform costs, and performance expectations. Clients are encouraged to review any AI Services Agreement carefully prior to execution.
B. Invoicing and Payment Terms
Invoices are issued in accordance with the payment schedule in the applicable SOW. Unless otherwise specified, invoices are due within thirty (30) days of the invoice date. All fees are exclusive of applicable taxes and third-party platform or communications surcharges. AlacrityFlo reserves the right to adjust its standard rates for new engagements or retainer renewals upon reasonable advance written notice.
C. Taxes
Client is exclusively responsible for all sales, use, value-added, and similar taxes ("Taxes") associated with Client's use of the Platform and Services, excluding taxes on AlacrityFlo's net income. AlacrityFlo may collect Taxes from Client as part of fees as it deems appropriate. Client will indemnify AlacrityFlo for all claims related to Taxes associated with Client's activities on the Platform. Taxes, like all fees, are non-refundable.
D. Late Payments
Amounts not paid when due may be subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, if lower) on the outstanding balance. In the event legal action is necessary to collect on balances due, Client agrees to reimburse AlacrityFlo for all expenses incurred, including reasonable attorneys' fees and legal expenses.
E. Suspension for Non-Payment
AlacrityFlo reserves the right to suspend Services — including AI Services — for any account with a past-due balance of more than thirty (30) days following written notice to the Client. Suspension of AI Services for non-payment does not relieve Client of obligations to pay all accrued fees, including Monthly AI Fees for the current billing period.
F. Payment Disputes
Client will notify AlacrityFlo in writing within sixty (60) days of the invoice date for any invoiced charges Client wishes to dispute. Client must pay all invoiced charges while a dispute is pending or waives the right to pursue the dispute. All determinations regarding Client's obligation to pay invoiced charges are final.
G. No Refunds
Except as described below, all fees assessed by AlacrityFlo are non-refundable. AlacrityFlo does not provide fee refunds or credits for partially used or unused subscriptions or service months. Setup Fees for AI Services are non-refundable once setup work has commenced. We may, at its sole discretion, issue refunds in the following limited situations:
Where AlacrityFlo materially modifies these Terms of Service or Privacy Policy during a billing period and such modification adversely affects Client, AlacrityFlo may refund a portion of the fee equal to the remaining unused term
Where a modification or interruption of Services adversely affects Client and alternative remedies are not available, AlacrityFlo may refund a portion of paid fees equal to the remaining unused term
8. Client Responsibilities
Client agrees to cooperate reasonably with AlacrityFlo in connection with the performance of Services, including:
Designating a qualified point of contact with authority to make decisions on Client's behalf
Providing timely access to systems, data, personnel, and information reasonably required for service delivery
Reviewing and approving Deliverables within timeframes agreed in the SOW
Providing accurate and complete information necessary for AlacrityFlo to perform the Services
Promptly notifying AlacrityFlo of any changes in Client's environment, requirements, or circumstances that may affect the Services
For AI Services: providing timely access to relevant data sources, systems, and subject matter experts required for AI model setup, training, and customization
AlacrityFlo's ability to meet milestones and delivery timelines is contingent upon Client's timely cooperation. AlacrityFlo shall not be liable for delays caused by Client's failure to fulfill its responsibilities under this Section.
9. Data Stored on Platforms; Account Registration
Subject to our Privacy Policy, AlacrityFlo has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. AlacrityFlo reserves the right to remove or terminate accounts that have not paid a subscription or service fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.
To access portions of the Platform or to register for or use the Services, you will be asked to provide registration details or other information. It is a condition of your use of the Platform that all information you provide is complete, current, and accurate.
10. Warranty Disclaimer
THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ALACRITYFLO MAKES NO WARRANTY THAT: (A) THE PLATFORM, PLATFORM CONTENT, OR SERVICES WILL MEET ALL CLIENT REQUIREMENTS; (B) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED FROM USE OF THE SERVICES — INCLUDING AI SERVICES — WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY PLATFORM CONTENT OR SERVICES WILL MEET CLIENT'S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
CLIENT ACKNOWLEDGES THAT AI SERVICES, BY THEIR NATURE, MAY PRODUCE OUTPUTS THAT ARE PROBABILISTIC, IMPERFECT, OR REQUIRE HUMAN REVIEW. ALACRITYFLO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS OF ANY AI-GENERATED OUTPUT FOR ANY PARTICULAR PURPOSE.
THE INTERNET AND TELECOMMUNICATIONS PROVIDERS' NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, ALACRITYFLO IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CLIENT'S DATA WHILE IN TRANSIT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Confidentiality
A. Definition
"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") in connection with the Services, whether disclosed orally, in writing, or otherwise, that is designated as confidential or that reasonably should be understood to be confidential. Confidential Information includes, without limitation, business strategies, financial data, technical specifications, client data, AI model configurations, system credentials, and the terms of any SOW.
B. Obligations
The Receiving Party agrees to: (i) hold the Disclosing Party's Confidential Information in strict confidence using no less than reasonable care; (ii) use Confidential Information solely to perform obligations or exercise rights under these Terms of Service; and (iii) disclose Confidential Information only to employees, contractors, and agents who have a need to know and are bound by confidentiality obligations no less protective than those in this Section.
C. Exclusions
Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was rightfully known to the Receiving Party before disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is required to be disclosed by law or court order, provided the Receiving Party gives prompt written notice and cooperates with any effort to seek a protective order.
D. Duration
Confidentiality obligations survive the termination or expiration of these Terms of Service for a period of three (3) years, or indefinitely with respect to trade secrets.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALACRITYFLO, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ALACRITYFLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLIENT'S EXCLUSIVE REMEDY AND ALACRITYFLO'S ENTIRE LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY CLIENT TO ALACRITYFLO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY.
The limitations of liability in this Section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain. These limitations apply notwithstanding any failure of essential purpose of any limited remedy.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
Client agrees to defend, indemnify, and hold harmless AlacrityFlo and the AlacrityFlo Team against all demands, claims, actions, damages, liabilities, losses, fees, costs, and expenses (including reasonable attorneys' fees) directly or indirectly arising from or connected with: (a) AlacrityFlo's use of or reliance on information or data supplied by Client, its employees, agents, or end clients; (b) any breach of or default under these Terms of Service by Client; (c) any negligence, gross negligence, or willful misconduct by Client or its personnel; (d) misrepresentations by Client or its personnel; (e) violation of applicable law by Client or its personnel; (f) Taxes and other fees; or (g) any disputes between Client and its end clients or third parties.
14. User Contributions and Content
The Platform may allow users to post, submit, publish, or transmit content ("User Contributions"). You own and retain all ownership rights to your User Contributions and data uploaded to the Services ("Your Data"). You grant AlacrityFlo and the AlacrityFlo Team the right to use Your Data as necessary to provide the Services to you and as permitted by these Terms of Service and our Privacy Policy.
You represent and warrant that: (i) you own or control all rights in and to your User Contributions; (ii) all User Contributions comply with these Terms of Service; and (iii) you have full responsibility for your User Contributions, including their legality, reliability, accuracy, and appropriateness.
By posting content on the Platform, you agree that you will not post content that:
Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, or tortious
Victimizes, harasses, degrades, or intimidates individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Breaches the security of, or allows unauthorized access to, any secured area of the Platform
AlacrityFlo is not responsible for the content or accuracy of any User Contribution. At its sole discretion, AlacrityFlo may remove or make unavailable any material it deems inappropriate.
15. Non-Solicitation
During the term of any active engagement and for a period of twelve (12) months following the termination or expiration of such engagement, Client agrees not to directly solicit, recruit, hire, or engage — whether as an employee, independent contractor, consultant, or otherwise — any employee, contractor, or subcontractor of AlacrityFlo who was involved in the performance of Services under any SOW, without AlacrityFlo's prior written consent.
This restriction does not prohibit general, non-targeted public job postings or advertising. In the event of a breach of this Section, Client agrees that AlacrityFlo would suffer irreparable harm and that AlacrityFlo shall be entitled to seek equitable relief, including injunctive relief, in addition to any other remedies available at law.
16. Term and Termination
A. Term
These Terms of Service remain in full force and effect while Client uses the Platform or subscribes to any Services. Provisions that by their nature should survive termination will remain binding, including but not limited to Sections 6, 10, 11, 12, 13, and 18.
B. Termination for Convenience
Either party may terminate a project-based engagement or retainer agreement upon the advance written notice period specified in the applicable SOW. If no notice period is specified, thirty (30) days' written notice is required. For AI Services on a monthly fee basis, thirty (30) days' written notice prior to the next billing date is required to terminate the monthly service. Upon termination for convenience, Client shall pay AlacrityFlo for all Services performed and expenses incurred through the effective termination date.
C. Termination for Cause
Either party may terminate an engagement immediately upon written notice if the other party: (i) materially breaches these Terms of Service or an applicable SOW and fails to cure such breach within fifteen (15) days of written notice; (ii) becomes insolvent or is subject to bankruptcy proceedings; or (iii) engages in fraudulent or illegal conduct in connection with the Services.
D. Suspension
Client's access to the Platform (or any part thereof) may be suspended for any reason, with or without notice, if it is determined in its sole discretion that Client is violating this Agreement or for any other legitimate reason. AlacrityFlo shall not be liable to Client or any third party for any suspension or termination or any actions taken in connection therewith.
E. Effect of Termination
Upon termination or expiration of an engagement: (i) Client's access to applicable Platforms will be revoked; (ii) each party shall promptly return or destroy the other party's Confidential Information upon request; (iii) all payment obligations for Services performed shall survive; and (iv) for AI Services, any ongoing access to deployed AI models or systems may be suspended upon termination, subject to any wind-down provisions in the applicable AI Services Agreement / Addendum.
F. No Termination by Third-Party Users
AlacrityFlo has limited access to subscriptions not directly purchased from us. Any user who has been given access to platforms by any party other than AlacrityFlo must contact the party who originally provided access for any inquiries related to termination or adjustment of services.
17. Data Privacy
The collection and use of personal information in connection with Platform and Services is governed by our Privacy Policy, available at AlacrityFlo.com and incorporated herein by reference. Client agrees to the Privacy Policy as a condition of using the Platform and Services.
For engagements involving the processing of Client's personal data or data subject to specific regulatory requirements (e.g., HIPAA, GDPR, CCPA), a data processing addendum or supplemental privacy terms may be required. Clients are responsible for ensuring their own privacy notices are provided to their end clients, providing a level of protection at least equal to that provided by Our Privacy Policy.
18. Dispute Resolution and Governing Law
A. Governing Law
These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
B. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
C. Informal Resolution
Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute through informal negotiation. Either party may initiate this process by delivering written notice to the other. The parties agree to meet or confer within fifteen (15) business days of such notice.
D. Binding Arbitration
Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Wilmington, Delaware. Any arbitration award may be entered in a court of competent jurisdiction.
E. Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER.
F. Injunctive Relief
Notwithstanding the foregoing, Client agrees that a breach of these Terms of Service will cause irreparable injury to AlacrityFlo for which monetary damages would not be an adequate remedy, and AlacrityFlo shall be entitled to seek equitable relief, including injunctive relief, without having to post a bond or other security.
19. Third-Party Content and Links
The Platform may include content provided by third parties. All statements and opinions expressed by third parties are solely the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of AlacrityFlo. We are not responsible for the content or accuracy of any materials provided by third parties.
We may provide links to external websites for the convenience of Platform users. The inclusion of any external link does not constitute or imply endorsement of any kind. We are not responsible for the content or function of those websites. If you access third-party sites linked to this Platform, you do so entirely at your own risk.
20. Promotions and Advertisements
From time to time, the Platform may include advertisements or promotions offered by third parties. Any such correspondence, promotions, or transactions are solely between you and the advertiser. AlacrityFlo assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
21. General Provisions
A. Entire Agreement
These Terms of Service, together with any applicable SOW, Addendum, Agreement, and AlacrityFlo's Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, representations, and understandings, whether written or oral. These Terms of Service may not be altered, supplemented, or amended except by a separate written agreement executed between you and AlacrityFlo. To the extent there is a conflict between these Terms of Service and a separate signed agreement, the separate agreement will control.
B. Amendments
We reserve the right to modify these Terms of Service at any time. Changes will be posted to AlacrityFlo.com with an updated effective date. For existing engagements, material amendments will be communicated to Clients in writing. Continued use of the Platform or Services after any amendment constitutes acceptance of the modified Terms.
C. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
D. Waiver
No waiver by AlacrityFlo of any term or condition shall be deemed a continuing waiver or a waiver of any other term or condition. No waiver shall be effective unless made in writing and signed by an authorized representative.
E. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, governmental actions, pandemics, labor disturbances, war, fire, accidents, internet or infrastructure outages, or other force majeure events. The affected party shall promptly notify the other and use reasonable efforts to resume performance as soon as practicable.
F. Assignment
Client may not assign or transfer these Terms of Service or any rights hereunder without AlacrityFlo's prior written consent. AlacrityFlo may assign these Terms of Service in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section shall be null and void.
G. International Use
Although the Platforms may be accessible worldwide, We make no representation that materials on the Platforms are appropriate or available for use in locations outside the United States. Those who choose to access the Platforms from other locations do so on their own initiative, at their own risk, and are responsible for compliance with local laws.
H. No Bug Bounties
The Company does not have a bug bounty program and does not pay bug bounties. AlacrityFlo prohibits any third-party access to any Platforms or any connected systems, including any network penetration testing or security assessment, except as expressly permitted by a separate signed agreement.
I. No Third-Party Beneficiaries
These Terms of Service do not create any third-party beneficiary rights. Only the parties (and their permitted successors and assigns) have any rights under this Agreement.
22. Communications and Contact Information
We may contact you regarding these Terms of Service or the Privacy Policy using any information you provide. If you no longer wish to receive marketing communications from us, you may click the "unsubscribe" link in such communications or contact us at [email protected]. Non-promotional communications related to your account, active engagements, or Services may continue even if you opt out of marketing communications.
We will never send an email requesting confidential information such as account numbers, usernames, or passwords. If you receive such an email purportedly from AlacrityFlo, do not respond and notify us immediately at [email protected].
For all feedback, comments, technical support, legal notices, and other communications relating to the Platform or these Terms of Service, please contact:
AlacrityFlo — Legal & Compliance
A Service Brand of Elite Solutions Consulting
Email: [email protected]
Effective Date: March 8, 2026
Last Updated: March 8, 2026
Company: Elite Solutions Consulting | AlacrityFlo
Governing Law: State of Delaware, United States. Arbitration in Wilmington, Delaware. See Section 18.