Terms of Service

Service Description

Element Pb provides interactive lead magnet frameworks and custom development services. Our offerings include ready-made frameworks you can deploy immediately (Ready-Made tier) and fully customized, bespoke interactive experiences built to your brand and specifications (Custom and Bespoke tiers).

Account and Purchases

Ready-Made framework purchases are one-time transactions. There are no recurring subscription fees for the Ready-Made tier. You receive a license to deploy the framework as described in Section 4.

Custom and Bespoke engagements are priced per project. Scope, pricing, and payment terms are defined in a separate project agreement or statement of work. Payment schedules vary by project; details are provided at the time of engagement.

Acceptable Use

You may use Element Pb tools for legitimate business lead generation and marketing purposes. You may not use our tools for:

• --Spam or unsolicited bulk communication
• --Illegal activity of any kind
• --Misleading advertising, false claims, or deceptive lead capture
• --Collecting personal data from minors under 13 years of age
• --Any purpose that violates applicable law or regulation

Intellectual Property

Ready-Made frameworks: Upon purchase, you receive a non-exclusive license to deploy the framework for your own business. You may not resell, sublicense, or redistribute the framework to third parties without written consent from Element Pb.

Custom builds: Upon final payment, you own the specific deliverable built for your project. Element Pb retains the right to use generalized, anonymized, and non-identifying versions of techniques, patterns, and approaches developed during your engagement as the basis for future frameworks or client work.

All Element Pb brand assets, trademarks, and proprietary tooling remain the property of Chalupa Productions LLC.

Data and Privacy

You are responsible for providing a link to your own privacy policy on any lead capture form or interactive tool you deploy using Element Pb frameworks. You are also responsible for ensuring your use of lead data complies with applicable privacy laws, including CAN-SPAM, GDPR, and CCPA where applicable. See our Privacy Policy for information on how Element Pb handles data on your behalf.

Limitation of Liability

Element Pb services are provided "as is" without warranties of any kind, express or implied. We do not guarantee specific conversion rates, lead volumes, or business outcomes from using our frameworks.

To the maximum extent permitted by applicable law, Chalupa Productions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of Element Pb services, even if advised of the possibility of such damages.

Termination

We reserve the right to suspend or terminate your access to Element Pb services at any time for violations of these Terms or for conduct that we determine is harmful to other users, third parties, or our business.

You may discontinue use of Element Pb services at any time. For subscription or project-based arrangements, refer to the payment terms in your project agreement.

Changes to These Terms

We may update these Terms of Service from time to time. When we do, we will update the effective date at the top of this page. Your continued use of Element Pb services after changes are posted constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Texas.

Contact

Questions about these Terms? Contact us at hello@elementpb.co. Element Pb is operated by Chalupa Productions LLC.