TERMS OF USE AGREEMENT

Effective Date: February 13, 2026

Introduction to Terms of Use for El Vive Construction Company, Inc.

Welcome to https://elviveconstructionandconcrete.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and El Vive Construction Company, Inc. (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, estimates, communications, and services provided by or on the Website (collectively, the “Services”).


1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.


2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://elviveconstructionandconcrete.com/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.


3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

a. Violate any applicable laws or regulations.
b. Send unsolicited or unauthorized advertising, spam, or promotional messages.
c. Impersonate any person or misrepresent your affiliation with any entity.
d. Exploit or harm minors in any way.
e. Upload or transmit material that violates content standards.
f. Interfere with another person’s use of the Services.
g. Disrupt or interfere with the Website or servers.
h. Copy or scrape content without authorization.
i. Upload viruses or malicious software.
j. Attempt unauthorized access to systems or data.
k. Reverse engineer any part of the Services.
l. Collect user data without consent.
m. Interfere with normal operation of the Services.
n. Assist or attempt any of the above actions.

3.3 Geographic Restrictions

The Company is based in the United States of America, in the State of Nevada. The Services are intended for use by persons located in the United States and Canada only. The Company makes no representations that the Services are appropriate or available in other locations.


4. Terms and Conditions of Sale

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process.

4.2 Order Submission

Submission of an order creates an obligation to pay all applicable fees and cooperate in providing any required project information.

4.3 Prices

All pricing, taxes, and fees are disclosed prior to order submission.

4.4 Methods of Payment

Payments are processed by third-party providers. The Website does not store full payment details.

4.5 Retention of Usage Rights

You do not acquire rights to any purchased Services until payment is received in full.


5. Contract Duration

Subscriptions, renewals, cancellations, and termination terms apply as stated at time of purchase.


6. Intellectual Property Rights

All content on the Website is owned by the Company or its licensors. You are granted a limited license to use the Services for lawful business purposes only.


7. User Content

You are responsible for any content you submit. By submitting content, you grant the Company a non-exclusive, worldwide license to use such content for business and promotional purposes, subject to our Privacy Policy.


8. Copyright Infringement (DMCA)

If you believe content infringes your copyright, submit a proper DMCA notice to:
Email: info@elviveconstructionandconcrete.com


9. Feedback

Any feedback or suggestions you provide may be used by the Company without restriction.


10. Assumption of Risk

Information on the Website is provided for general informational purposes only and is used at your own risk.


11. Privacy

Your use of the Services is subject to our Privacy Policy:
https://elviveconstructionandconcrete.com/privacy-policy

All SMS opt-in data and consent information will not be shared with third parties except providers necessary to deliver text message services. Your mobile information will not be shared for marketing or promotional purposes.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Platform

We provide access to customer relationship management tools, including HighLevel CRM, to help manage estimates, scheduling, customer communications, and service follow-ups. HighLevel CRM is a third-party platform. The software, servers, and infrastructure are owned and operated by GoHighLevel.

12.2 Limitation of Liability

We are not responsible for any issues, outages, data breaches, or other problems that may occur with the HighLevel platform. This includes, but is not limited to:
Service interruptions or downtime
Data loss or corruption
Security breaches or unauthorized access to data
Changes to platform features or functionality
Any other technical issues related to the HighLevel platform

12.3 Support for Platform Issues

For issues related to the core functionality of the HighLevel platform, you may need to contact GoHighLevel directly.

12.4 Data Processing

When you use our CRM services, your data may be processed according to GoHighLevel’s privacy policy and terms of service, in addition to our policies.

12.5 Service Continuity

We cannot guarantee the continued availability of the HighLevel platform or its features.

12.6 Acceptance of Risk

By using CRM services powered by third-party platforms, you accept all risks associated with using third-party services and agree to hold the Company harmless for any issues arising from such platforms.


13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may include or incorporate automated tools, including but not limited to:
AI-powered text and voice agents for customer communication
Automated appointment scheduling and confirmations
AI-assisted quality checks to improve customer service
Speech-to-text and call routing tools

13.2 Your Interactions with AI Systems

By using AI-powered features, you acknowledge and agree that:
You may be interacting with automated systems rather than human agents in some instances
AI-generated responses are produced through algorithmic processes
We will disclose when you are interacting with automated systems
You may request human follow-up at any time

13.3 Data Collection for AI Systems

AI systems may collect and process:
Text inputs and chat messages
Voice recordings when using voice-enabled features
Scheduling and service-related information
Technical usage data
All data collection and processing is subject to our Privacy Policy.

13.4 AI Training and Improvement

We may use data from interactions to improve and maintain our automated systems, subject to the following:
We anonymize or aggregate data where possible
We apply security safeguards to protect data
Confidential information will not be used for system training without consent
You may opt out of having your data used for training by contacting info@elviveconstructionandconcrete.com

13.5 AI-Generated Content

We do not guarantee the accuracy, completeness, or suitability of any content generated by automated systems. You are responsible for reviewing and verifying any automated responses before relying on them.

13.6 AI Voice Technologies

When using automated voice features:
Voice recordings may be processed to provide the requested service
You will be notified when call recording is active
Voice data may be transcribed into text
We implement security measures to protect voice data
You may request deletion of voice recordings by contacting info@elviveconstructionandconcrete.com

13.7 Intellectual Property for AI-Generated Content

The Company retains all intellectual property rights in the automated systems and technologies used to provide AI-powered features. For content generated by automated systems based on your inputs, you are granted a non-exclusive, worldwide, royalty-free license to use such content for your personal or business purposes. You may not claim ownership of the underlying automated technologies or systems. The Company reserves the right to generate similar content for other users. You are responsible for ensuring your use of automated content does not infringe any third-party rights.

13.8 AI Usage Limitations

You agree not to use automated tools to:
Generate or distribute unlawful or harmful content
Impersonate individuals without consent
Create misleading or deceptive content
Engage in harassment, spam, or abuse
Attempt to extract proprietary system information
Use automated systems to develop competing products or services

13.9 Transparency and Human Oversight

We maintain appropriate human oversight of automated systems. We regularly evaluate automated tools for safety, security, and reliability. You may report concerns about automated interactions or request human assistance at any time.

13.10 Changes to AI Technologies

Automated tools and features may change over time. We reserve the right to modify, update, or discontinue automated features without prior notice.

13.11 Third-Party AI Technologies

Some automated features may rely on third-party technology providers. Your data may be processed according to both our terms and the third-party provider’s terms. We are not responsible for issues caused by third-party automated technology providers.

13.12 Assumption of Risk for AI Technologies

You acknowledge that automated systems may produce errors or unexpected results. Use of any automated output is at your own risk.


14. Termination

14.1 Termination

The Company may suspend or terminate your access to the Services at any time, with or without cause, without notice. Upon termination, your right to use the Services immediately ceases.

14.2 Effect of Termination

Upon termination, any provisions that by their nature should survive termination shall remain in full force and effect, including intellectual property rights, warranty disclaimers, and limitations of liability.


15. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE OF THE SERVICES IS AT YOUR OWN RISK.


16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES. THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS.


17. Indemnification

You agree to indemnify and hold harmless the Company and its officers, employees, and affiliates from any claims, damages, or losses arising from your use of the Services or violation of these Terms.


18. Disputes

18.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles.

18.2 Dispute Resolution and Mandatory Arbitration

Any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration in the State of Nevada. You waive any right to participate in class actions.

18.3 Limitation to Time to File Claims

Any claim must be brought within one year after the cause of action arises.


19. Miscellaneous

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in effect. This Agreement constitutes the entire agreement between you and the Company regarding the Services.


20. SMS/Text Messages

20.1 SMS Program Description

Used solely for appointment reminders, webinar reminders and appointment confirmations.

20.2 Opting Out

You can cancel the SMS service at any time. Just text “STOP” to (775) 369-2002. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

20.3 Help and Support

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@elviveconstructionandconcrete.com.

20.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

20.5 Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages once a month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

20.6 Privacy

If you have any questions regarding privacy, please read our privacy policy: elviveconstructionandconcrete.com/privacy-policy

20.7 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

20.8 Prohibited Content

Our SMS messages will not contain unlawful content or deceptive messaging.

20.9 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding providers necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.


21. Additional Protections and Liability Waivers

The Company implements reasonable security measures but cannot guarantee uninterrupted service or absolute security. All sales are final unless otherwise stated in writing.


22. Contact Information

For questions about these Terms, contact:
Email: info@elviveconstructionandconcrete.com

Last Updated: February 13, 2026