Effective Date: October 29, 2025
Elevate Engine is a mobile application provided by Elevate Franchise Brands (“Elevate,” “we,” “us,” or “our”). This application is exclusively designed for, and its use is strictly limited to, authorized franchise owners and their designated employees (each, a “Franchise User” or “User”) operating under an active Franchise Agreement with Elevate.
BY ACCESSING OR USING THE ELEVATE ENGINE APPLICATION, THE FRANCHISE USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS THE TERMS OF THEIR GOVERNING FRANCHISE AGREEMENT.
1. Acceptance of Terms
These Terms and Conditions of Use (“Terms”) govern your access to and use of the Elevate Engine mobile application (the “App”), including any content, functionality, and services offered on or through the App. These Terms supplement, but do not replace, the terms and conditions set forth in your primary Franchise Agreement with Elevate. In the event of a conflict between these Terms and the Franchise Agreement, the Franchise Agreement shall control.
2. Scope of Use and Eligibility
2.1. Exclusive User Base: The App is solely intended for use by individuals who are currently authorized owners or employees of a franchisee of Elevate. Use by any non-franchise related third party is strictly prohibited.
2.2. License: Subject to these Terms and the Franchise Agreement, Elevate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on your mobile device solely for the purpose of managing your franchised business operations.
2.3. Account Security: Franchise Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account.
3. Data Integration and Use of Third-Party Systems
3.1. Data Sources: The App functions as an interface that accesses and displays proprietary customer, operational, and financial data primarily hosted or managed within the Go High Level platform, with data being sourced from the ServiceTitan operational system (collectively, “Integrated Platforms”).
3.2. User Responsibility for Integrated Platforms: Elevate is not responsible for the operation, availability, security, or data integrity of the Integrated Platforms (Go High Level or ServiceTitan). Franchise Users acknowledge that any data accessed through the App is subject to the terms of service and privacy policies of the respective Integrated Platforms.
3.3. Data Accuracy: The data displayed in the App is pulled from the Integrated Platforms. Elevate does not guarantee the real-time accuracy, completeness, or reliability of any data displayed. Franchise Users rely on this data at their own risk.
4. Prohibited Uses
Franchise Users agree not to use the App:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. To transmit or procure the sending of any advertising or promotional material without our prior written consent.
c. To impersonate or attempt to impersonate Elevate, an Elevate employee, another Franchise User, or any other person or entity.
d. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Elevate or Franchise Users of the App or expose them to liability.
e. To reverse-engineer, decompile, or disassemble the App or any of its components.
f. To use the App for any purpose outside the scope of managing your franchised business operations.
5. Intellectual Property Rights
5.1. Ownership: The App, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Elevate, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. Trademarks: The Elevate Franchise Brands name, the Elevate Engine name, the 1-800-Plumber +Air name, and all related names, logos, product and service names, designs, and slogans are trademarks of Elevate or its affiliates or licensors. You must not use such marks without the prior written permission of Elevate.
5.3. Franchisee Data: You retain ownership of all Franchisee Data (as defined in the Franchise Agreement) provided by you or generated through your use of the App, subject to Elevate’s rights to access, process, and use such data as set forth in the Franchise Agreement.
6. Disclaimers and Limitation of Liability
6.1. Disclaimer of Warranties: THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ELEVATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
6.2. Limitation of Liability: IN NO EVENT WILL ELEVATE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP, OR THE DATA ACCESSED THROUGH THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
7. Indemnification
You agree to defend, indemnify, and hold harmless Elevate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your use of the App’s content or any information obtained from the App.
8. Governing Law and Jurisdiction
All matters relating to the App and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal or state courts of the State of Texas and Brazoria County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
9. Apple App Store and Google Play Store Specific Terms
The following terms apply when you access the App through the Apple App Store or Google Play Store (“Service Provider”).
9.1. Acknowledgment: You acknowledge that the Terms are concluded between you and Elevate only, and not with the Service Provider, and Elevate, not the Service Provider, is solely responsible for the App and the content thereof.
9.2. Maintenance and Support: Elevate is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. The Service Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
9.3. Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify the Service Provider, and the Service Provider will refund the purchase price for the App to you (if applicable); and, to the maximum extent permitted by applicable law, the Service Provider will have no other warranty obligation whatsoever with respect to the App.
9.4. Product Claims: You and Elevate acknowledge that Elevate, not the Service Provider, is responsible for addressing any claims of the user or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
9.5. Third Party Intellectual Property Claims: You and Elevate acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Elevate, not the Service Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
9.6. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.7. Developer Name and Address:
Elevate Franchise Brands, LLC
1331 Broadway, STE J
Pearland, TX 77581
engine@elevatefranchisebrands.com
9.8. Service Provider Terms: You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement). The Service Provider and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the terms and conditions of these Terms, the Service Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
10. Termination
Elevate reserves the right, without notice and in its sole discretion, to terminate your license to use the App, and to block or prevent your future access to and use of the App. This includes, but is not limited to, termination due to a violation of these Terms or the termination or expiration of your underlying Franchise Agreement.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Elevate Franchise Brands
1331 Broadway, STE J
Pearland, TX 77581
engine@elevatefranchisebrands.com
281-766-8535