Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you” or “Customer”) and Pelle Krukow, trading as FrostChanger, Ballindamm 3, 20095 Hamburg, Germany (“we”, “us”, “Elevion”). They govern your access to and use of the website elevion.cc, the application at elevion.cc/app, and all related services (together, the “Service”).

By creating an account, subscribing, or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into contracts to use the Service. You represent that the information you provide is accurate, that you are using the Service in compliance with applicable law, and that you are the legal owner of or an authorized representative for any Instagram account you connect.

2. Account registration and security

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity occurring under your account.
• You must notify us promptly at [email protected] if you suspect unauthorized access.
• We may suspend or terminate your account if we reasonably believe it has been compromised or is being used to violate these Terms.

3. Subscription, trial, and billing

• The Service is offered on a subscription basis. Plans and pricing are listed on our website and within the Service.
• New subscribers may be offered a free trial period (currently 7 days, subject to change). A valid payment method is required to start a trial. No charges will be made until the trial ends.
• Your subscription renews automatically at the end of each billing period unless cancelled before renewal.
• Payments are processed by Stripe Payments Europe, Ltd. By subscribing, you authorize us and our payment processor to charge your selected payment method for all fees due.
• All fees are exclusive of taxes (VAT, sales tax, etc.) unless stated otherwise. You are responsible for any applicable taxes.
• Prices may change upon 30 days’ notice. Continued use after the notice period constitutes acceptance of new pricing.

4. Cancellation and refunds

You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period, and the Service remains available until then. For refund terms, see our Refund Policy.

5. License to use the Service

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business or personal use.

6. Acceptable use

You agree not to:

• Use the Service to send unsolicited spam, commercial bulk messages that violate applicable anti-spam laws (CAN-SPAM Act, CASL, GDPR), or messages that users have not consented to receive.
• Use the Service in a way that violates Meta Platform Terms, Instagram Community Guidelines, or any other platform rules that apply to your Instagram account. You are responsible for remaining in compliance with these policies; Elevion provides tools but cannot guarantee that any use will comply with Meta’s rules.
• Harass, threaten, or send abusive, deceptive, or harmful messages to any person.
• Send messages that infringe intellectual property, publicize private information, or that are defamatory, obscene, or unlawful.
• Circumvent Meta rate limits, platform safeguards, or the Service’s own safety controls.
• Use automated means (scrapers, bots beyond the Service’s own automation) to extract data.
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service.
• Resell, sublicense, or make the Service available to any third party without our written permission.
• Upload or transmit malware, viruses, or code designed to disrupt the Service.

Violation may result in immediate suspension or termination without refund. You acknowledge that Instagram may also independently suspend or restrict your Instagram account for activity conducted through the Service and that Elevion is not responsible for such platform-level actions.

7. Your content and data

You retain ownership of all content you submit to the Service (campaigns, templates, keywords, etc.) and of your Instagram data accessed via your authorization. You grant us a limited, non-exclusive license to use, store, transmit, and display that content solely to operate the Service for you.

8. Our intellectual property

The Service, its design, source code, trademarks, logos, and documentation are owned by FrostChanger and protected by German and international copyright, trademark, and other laws. These Terms grant you no ownership rights in the Service.

9. Third-party services

The Service interoperates with third parties including Meta/Instagram, Stripe, Anthropic, ElevenLabs, Resend, and others. Your use of those third-party services is governed by their own terms and policies, and we are not responsible for them. Changes or outages in third-party services may affect the Service; we do not guarantee continuous availability.

10. Availability and results

We provide the Service with the care customary in the industry, but we cannot guarantee that it will be available without interruption, because it depends on third-party platforms such as Instagram. We do not promise any specific results (followers, leads, revenue). Statutory warranty rights remain unaffected.

11. Limitation of liability

We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent we have given a guarantee.

In cases of slight negligence, we are liable only for the breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the damage that is foreseeable and typical for this type of contract. Otherwise, liability for slight negligence is excluded.

12. Indemnification

You will indemnify FrostChanger against all third-party claims, including reasonable costs of legal defense, that arise because you culpably violate these Terms, applicable law, or third-party rights (including Meta’s policies), or because of content you transmit through the Service.

13. Termination

We may suspend or terminate your access at any time, with or without cause, upon reasonable notice. You may terminate at any time by cancelling your subscription and deleting your account. Sections that by their nature should survive termination (ownership, disclaimers, limitation of liability, indemnification, governing law, dispute resolution) will survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, Germany.

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

15. Changes to the Terms

We may modify these Terms at any time. Material changes will be announced by email and by updating the “Last updated” date at the top of this document, at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

16. General

• Entire agreement. These Terms, together with the Privacy Policy and any subscription order, constitute the entire agreement between you and FrostChanger concerning the Service.
• Severability. If any provision is found unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce any provision is not a waiver of the right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by circumstances beyond our reasonable control (including platform outages, natural disasters, internet failures, and government actions).

17. Contact

Pelle Krukow, trading as FrostChanger
Ballindamm 3
20095 Hamburg
Germany
Email: [email protected]
Phone: +49 176 41938054