Platform Terms:
Acceptable Use Policy & SMS Terms of Service

Elev8ed's platform exists to help independent restaurants build direct customer relationships, recover delivery commission margin, and grow their visibility across AI-powered search. This AUP establishes the boundaries of acceptable conduct on that platform — both for restaurant clients who administer the Services and for end users (restaurant guests) who interact with Elev8ed-powered ordering pages, promotional programs, and communication channels.

This AUP applies to:

• Restaurant Clients — businesses that have executed a Restaurant Client Agreement with Elev8ed and access the platform to configure, manage, or receive reporting from the Services
• Client Representatives — employees, owners, managers, and agents acting on behalf of a Restaurant Client
• End Users — restaurant guests who place orders, opt into SMS programs, submit reviews, or otherwise interact with Elev8ed-powered touchpoints on a restaurant's behalf
• Third-Party Integrations — any system, API, or automated process authorized by a Restaurant Client to interact with Elev8ed infrastructure

This AUP is incorporated into and governed by the Restaurant Client Agreement. In the event of conflict between this AUP and the Restaurant Client Agreement, the Restaurant Client Agreement controls except where this AUP imposes stricter restrictions on prohibited conduct, in which case this AUP controls.

Restaurant Clients may use the Platform for the following purposes:

• Configuring and managing their branded online ordering page and mobile app
• Managing their menu, pricing, hours, and operational information through authorized POS integrations
• Communicating with opted-in guests through Elev8ed-managed SMS and email channels for promotional and transactional purposes consistent with the Services
• Reviewing, approving, or requesting edits to AI-generated review responses before or after publication (depending on tier configuration)
• Accessing reporting dashboards and monthly narrative reports describing their AI visibility, ordering performance, and promotional campaign metrics
• Submitting POS sales exports for Monthly Revenue Strategy and Quarterly Menu Intelligence analysis
• Communicating with Elev8ed operations staff through designated Slack channels

End users may use Elev8ed-powered consumer touchpoints to:

• Browse restaurant menus and place food orders through Elev8ed-powered ordering pages
• Opt into and participate in SMS promotional programs with informed consent
• Interact with Quick Reply or Conversation AI SMS Bot systems to obtain hours, ordering links, or operational information
• Submit requests to opt out of communications at any time
• Submit reviews on third-party platforms (Google, Yelp, etc.) following receipt of a post-visit review acquisition message

Restaurant Clients and their representatives are prohibited from:

• Submitting non-consented contact lists. Providing Elev8ed with phone numbers or email addresses of individuals who have not affirmatively opted in to receive marketing communications through a documented consent mechanism. Purchased lists, scraped lists, and lists obtained through data brokers are never permitted.
• Misrepresenting the restaurant's offerings. Submitting false, misleading, or materially inaccurate menu items, pricing, hours, dietary attributes (e.g., claiming a dish is gluten-free when it is not), health claims, or award/certification claims.
• Fabricating or incentivizing reviews. Using the Platform to solicit, create, or post fake reviews; to offer cash, discounts, or gifts conditioned on leaving a positive review; or to suppress negative reviews through any means inconsistent with the review platform's guidelines or the FTC's Endorsement Guidelines.
• Circumventing A2P opt-out requests. Re-subscribing an individual who has texted STOP to any Elev8ed-managed SMS program without obtaining a new, independent, compliant opt-in from that individual.
• Unauthorized API or system access. Accessing, attempting to access, or authorizing third parties to access any Elev8ed API, webhook, database, or administrative interface beyond the scope of credentials or access provisioned by Elev8ed.
• Reverse engineering or scraping. Attempting to reverse-engineer, decompile, disassemble, or systematically scrape any part of Elev8ed's platform, proprietary workflows, or AI prompt architecture.
• Introducing malicious code. Uploading or transmitting any virus, malware, spyware, ransomware, or other malicious code through any Elev8ed-managed channel or integration point.
• Unauthorized data export. Exporting, copying, or transferring End User Data obtained through Elev8ed's platform to third-party systems, lists, or marketing platforms not authorized in the Restaurant Client Agreement.
• Impersonating Elev8ed. Representing to guests, third parties, or media that content, communications, or positions expressed by Elev8ed's automated systems are the Restaurant Client's own independent voice when those communications are Elev8ed-generated, without appropriate disclosure.
• Violating third-party platform terms. Using any Elev8ed Service in a manner that violates the terms of service of Google, Yelp, Square, Uber Direct, DoorDash, or any other third-party platform integrated into the Services.
• Facilitating illegal transactions. Using the Platform to facilitate the sale of illegal substances, to process payments for unlicensed food service operations, or to conduct any other transaction that violates applicable local, state, or federal law.
• Sharing credentials. Sharing Elev8ed platform credentials, Slack workspace access, or administrative dashboard access with individuals not authorized under the Restaurant Client Agreement, including terminated employees or competitors.

End users interacting with Elev8ed-powered consumer touchpoints are prohibited from:

• Fraudulent orders. Placing orders with the intent to dispute valid charges, obtain free food through false claims of non-delivery, or exploit promotional codes beyond their stated terms.
• Abusing communication channels. Sending harassing, threatening, discriminatory, or sexually explicit messages through any Elev8ed-managed SMS or chat channel, including Conversation AI SMS Bot interactions.
• Automated scraping. Using bots, scripts, or automated tools to submit orders, collect menu data, or interact with Elev8ed-powered ordering pages at scale.
• Misrepresenting identity. Submitting false name, address, or contact information in connection with a food order or SMS opt-in, or impersonating another individual or business.

Restaurant Clients are solely responsible for obtaining, documenting, and maintaining lawful consent from their guests before those guests' contact information is submitted to or processed by any Elev8ed-managed communication system. Elev8ed operates as a service provider and processor; lawful basis for processing rests with the Restaurant Client as Controller.

Restaurant Clients agree not to submit sensitive personal information — including health or medical information, government-issued ID numbers, financial account details, biometric identifiers, or information about minors under 13 — through any Elev8ed-managed system or communication channel. Elev8ed's systems are not designed to handle sensitive data categories and provide no additional safeguards for such information.

Elev8ed's online ordering, promotional, and SMS programs are not directed at children under the age of 13. Restaurant Clients agree not to knowingly collect or submit to Elev8ed's platform any personal information from individuals known to be under 13. If Elev8ed becomes aware that a child under 13 has submitted personal information through a Client-managed touchpoint, Elev8ed will take steps to delete that information promptly.

Elev8ed deploys a first-party UTM attribution cookie on Client's ordering page for the purpose of attributing orders to their originating source (Google, AI platforms, social, direct, etc.). This cookie contains no personally identifiable information and is classified as a functional/analytics cookie. Restaurant Clients are responsible for ensuring their ordering page privacy notice or cookie disclosure accurately describes this data collection.

All Client Content submitted to the Platform must be accurate, current, and not misleading. This includes menu descriptions, allergen and dietary information, pricing, promotional terms, hours of operation, health department certifications, and any awards, accolades, or media mentions referenced in marketing copy or answer pages. Elev8ed reserves the right to remove or request correction of Client Content that Elev8ed reasonably believes is inaccurate or likely to mislead consumers.

Client Content and any marketing claims produced through the Platform must comply with FTC guidelines regarding truthfulness and substantiation. Specific dollar savings claims, revenue projections, or before-and-after comparisons must be based on documented, restaurant-specific data. Elev8ed's own marketing materials use projected and illustrative examples clearly labeled as such; Restaurant Clients must apply the same standard to any claims they make using Elev8ed-derived data.

The following categories of content are not permitted on any Elev8ed-managed surface:

• Content that is false, fraudulent, deceptive, or designed to mislead consumers about the nature, quality, or price of food or services offered
• Content that discriminates against individuals on the basis of race, color, religion, sex, national origin, disability, sexual orientation, or any other protected characteristic
• Content that threatens, harasses, or intimidates any individual or group
• Content that infringes the intellectual property rights of any third party, including unauthorized use of trademarked terms, copyrighted images, or protected brand names
• Content that promotes or facilitates illegal activity, including the unlicensed sale of alcohol, the sale of controlled substances, or violations of applicable health codes
• Sexually explicit or adult-oriented content of any kind
• Unsolicited bulk messaging content (spam) or content designed to circumvent spam filters

Review responses generated by Elev8ed's AI review management system are produced to reflect the restaurant's voice and factual context as provided by Client. Restaurant Clients are responsible for the accuracy of review responses posted in their name. If a review response contains factually incorrect information due to Client-provided data, Client bears responsibility for that inaccuracy. Elev8ed will correct documented errors upon written notice within 2 business days.

Elev8ed reserves the right to investigate any suspected violation of this AUP. Upon reasonable investigation, Elev8ed may take one or more of the following actions:

• Warning: Written notice to Restaurant Client describing the suspected violation and requesting corrective action within a stated timeframe
• Content removal: Removal or deactivation of Client Content, review responses, SMS campaigns, or other Platform elements that Elev8ed reasonably determines violate this AUP
• Feature suspension: Temporary suspension of specific Platform features (e.g., SMS campaigns, AI review responses) while a violation is investigated
• Account suspension: Full suspension of Platform access pending resolution of a material violation
• Termination: Immediate termination of the Restaurant Client Agreement for material violations, consistent with Section 9.3 of the Restaurant Client Agreement
• Reporting: Disclosure of violation details to relevant regulatory authorities, platform operators (Google, Yelp, etc.), or law enforcement where required or appropriate

Where a violation is curable and does not pose immediate harm to consumers, end users, or Elev8ed's infrastructure, Elev8ed will provide Restaurant Client with written notice and a reasonable cure period (not less than 5 business days for most violations) before escalating to suspension or termination. For violations involving non-consented SMS transmission, fraudulent orders, or Prohibited Content directed at consumers, Elev8ed may act immediately without prior notice.

Elev8ed will not be liable to Restaurant Client for any loss of revenue, business opportunity, or goodwill arising from enforcement actions taken in good faith under this AUP. Elev8ed's enforcement decisions are final with respect to operational platform access; Restaurant Client retains any contractual dispute rights under the Restaurant Client Agreement.

Restaurant Clients who become aware of a violation of this AUP — whether by another party or by an Elev8ed Automated System behaving in an unexpected manner — are encouraged to report it promptly through their designated Slack channel or by email to the Elev8ed operations contact identified in their Client Agreement. End users who wish to report a violation may contact Elev8ed using the contact information in the Restaurant Client Agreement.

Elev8ed will acknowledge reported violations within 2 business days and provide a substantive response within 5 business days. Critical reports involving non-consented messaging, data breach indicators, or consumer harm will be escalated for same-day review.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEV8ED'S TOTAL LIABILITY ARISING FROM OR RELATED TO A VIOLATION OF THIS AUP — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE TOTAL FEES PAID BY THE RESTAURANT CLIENT TO ELEV8ED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN AGGREGATE ACROSS ALL CLAIMS AND IS IN ADDITION TO, NOT SEPARATE FROM, THE AGGREGATE CAP IN THE RESTAURANT CLIENT AGREEMENT.

Restaurant Client is solely liable for all costs, damages, fines, penalties, and third-party claims arising from Client's violation of this AUP, including TCPA fines resulting from non-consented SMS messaging, FTC enforcement actions resulting from false advertising claims, and third-party platform penalties (Google, Yelp) resulting from review manipulation.

This AUP is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Disputes arising under this AUP between Elev8ed and a Restaurant Client are subject to the dispute resolution and arbitration provisions of the Restaurant Client Agreement. End users who are not Restaurant Clients may bring individual claims in any court of competent jurisdiction; end users waive the right to participate in any class action or representative proceeding relating to Elev8ed's platform.

Elev8ed operates recurring SMS messaging programs on behalf of its restaurant clients. These programs include:

• Elev8ed Reviews (Post-Visit Follow-Up): A single automated SMS sent to guests following a restaurant visit, providing a direct link to leave a review on Google, Yelp, or other platforms
• Promotional Campaigns: Recurring SMS messages to opted-in guests featuring milestone-triggered promotional offers, win-back offers, dead-hour promotions, reorder nudges, birthday promotional offers, and smart pairing suggestions (promo codes and offers created in Client's POS; delivered via GHL SMS and email to Client's contact list)
• Quick Reply (Transactional): Automated SMS responses to guests who call a restaurant's phone number and do not reach a live representative — triggered only by the missed call event
• Conversation AI SMS Bot (AID Tier): Interactive automated text responses to inbound guest SMS inquiries about hours, ordering, menus, and directions — available only through restaurants subscribed to the AI Dominance Tier
• Order Confirmation & Status (Transactional): Automated messages confirming order receipt, preparation status, and delivery dispatch through Elev8ed-powered ordering pages

All Elev8ed-managed SMS programs are sent on behalf of a specific restaurant client. Each message clearly identifies the sending restaurant by name. Automated programs (Conversation AI SMS Bot, Quick Reply) disclose their automated nature in the manner required by applicable law.

All outbound messages are transmitted through Application-to-Person (A2P) 10-digit long code (10DLC) messaging infrastructure registered with The Campaign Registry (TCR) and approved by participating wireless carriers. Elev8ed manages A2P registration on behalf of its restaurant clients.

Elev8ed's marketing SMS programs (promotional campaigns, win-back messages, birthday promotional offers) require prior express written consent as defined under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, and implementing FCC regulations. Consent must be obtained through a compliant opt-in mechanism before any marketing message is sent. Consent to receive marketing SMS is voluntary and not a condition of purchasing food or accessing any restaurant service.

Transactional messages — including order confirmations, delivery status updates, and Quick Reply missed-call follow-up messages — are sent based on the guest's initiation of a transaction or call. These messages do not require prior express written consent under TCPA but do require that the guest's phone number was provided in connection with the relevant transaction or communication.

When a guest opts into a marketing SMS program, Elev8ed sends a confirmation message within 5 minutes of opt-in that includes:

• The name of the restaurant on whose behalf the program is operated
• A brief description of the types of messages the guest will receive
• Approximate message frequency (e.g., "2–4 msgs/month")
• Disclosure that message and data rates may apply
• Instructions to reply STOP to opt out and HELP for assistance

Elev8ed maintains records of all opt-ins — including timestamp, opt-in source, and consent language presented at the time of opt-in — for a minimum of five (5) years. These records are available to Restaurant Clients upon written request and may be used to demonstrate TCPA compliance in the event of a regulatory inquiry or private claim.

Elev8ed does not accept imports of purchased, scraped, or brokered contact lists for use in any SMS program. All phone numbers enrolled in Elev8ed-managed SMS programs must have opted in through a compliant, first-party mechanism associated with the specific Restaurant Client. Restaurant Clients who submit non-consented lists are in material breach of this AUP and the Restaurant Client Agreement, and Elev8ed may suspend SMS capabilities immediately upon discovery.

Elev8ed configures all outbound marketing SMS campaigns to transmit within the hours of 8:00 AM to 9:00 PM in the recipient's local time zone, consistent with TCPA quiet hours requirements. Transactional messages (order confirmations, Quick Reply) may be sent at any hour as they are triggered by the guest's action. Elev8ed does not send marketing messages on national holidays without Restaurant Client's express request.

All messages sent through Elev8ed-managed programs will:

• Identify the sending restaurant by name in every marketing message
• Include STOP opt-out instructions at least once per 30-day period for ongoing marketing programs
• Not contain misleading subject lines, deceptive call-to-action language, or false urgency
• Not contain adult content, hate speech, profanity, or content that violates the CTIA Short Code Monitoring Handbook or carrier content policies
• Disclose the automated nature of Conversation AI SMS Bot and Quick Reply interactions in the manner required by applicable law

Message and data rates may apply. The wireless carrier of the message recipient may charge standard text messaging rates based on the recipient's wireless plan. Recipients on unlimited text plans typically incur no additional charge; recipients on per-message plans may be charged their carrier's standard SMS rate per message received. Elev8ed does not control and has no visibility into individual recipient carrier plans or per-message charges applied by carriers to recipients.

Wireless carriers in the United States levy per-message fees on A2P 10DLC traffic separate from recipient-facing rates. As of the Effective Date, carrier-imposed A2P surcharges typically range from $0.003 to $0.010 per outbound message, subject to change by carriers at any time without advance notice to Elev8ed or its clients. These fees apply at the sender level and are incorporated into Elev8ed's operational costs. Elev8ed does not bill carrier pass-through fees as a separate line item unless Restaurant Client's monthly message volume substantially exceeds the thresholds stated in the Order Form, in which case Elev8ed may pass through documented carrier fees with 30 days' advance written notice.

All Elev8ed opt-in confirmation messages and program descriptions include the following required disclosure to end-user recipients:

This language appears in each program's opt-in confirmation message and in any in-venue or digital opt-in materials produced by Elev8ed.

Wireless carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to carrier routing, network availability, recipient device status, and filtering decisions made by carriers or third-party spam-filtering services. Elev8ed does not guarantee delivery of any individual message and is not liable for message delivery failures attributable to carrier infrastructure, network outages, or recipient device limitations.

To stop receiving SMS messages from any Elev8ed-managed program, reply STOP to any message from that program at any time. You will receive a one-time confirmation message acknowledging your opt-out request. No further marketing messages will be sent to your number from that program following opt-out confirmation. Replying STOP does not affect transactional messages triggered by your own actions (such as placing an order or initiating a call).

The following keywords are also recognized as opt-out commands and will be honored: CANCEL, END, QUIT, UNSUBSCRIBE. Reply any of these words to stop messages from that sending number.

Reply HELP to any Elev8ed-managed message to receive the following information by return SMS:

Opt-out requests are processed within 24 hours of receipt. During that window, one additional message may be delivered if it was queued prior to receipt of the opt-out request. This is a carrier-level limitation and does not constitute a violation of the opt-out request. Opt-out records are maintained for a minimum of five (5) years.

If you have opted out and wish to re-subscribe to a specific restaurant's SMS program, you must initiate a new opt-in through that restaurant's current opt-in mechanism. Elev8ed will not re-enroll a previously opted-out number without a documented new opt-in event.

Elev8ed's A2P 10DLC programs are registered and supported on all major U.S. wireless carriers, including AT&T, Verizon, T-Mobile/Sprint, US Cellular, and their MVNO affiliates. Support across all regional carriers is not guaranteed; Elev8ed will make commercially reasonable efforts to maintain registration compatibility as carrier requirements evolve.

Elev8ed's SMS programs are designed for U.S. domestic numbers only. Elev8ed does not guarantee delivery to non-U.S. phone numbers. International message delivery, if it occurs, is subject to the laws and carrier regulations of the recipient's country, and Elev8ed makes no representation as to compliance with non-U.S. messaging laws.

The following types of content are strictly prohibited in any Elev8ed-managed SMS program and will result in immediate suspension of SMS capabilities:

• SHAFT-restricted content: sex/adult content, hate speech, alcohol (beyond compliant regulatory limitations), firearms, or tobacco/vaping products
• Cannabis-related content, including CBD products, regardless of state legality
• Phishing links or URLs designed to deceive recipients about the destination of a link
• Malware or malicious code delivered via SMS link
• Political campaign content, election solicitation, or partisan messaging
• Content that mimics emergency alerts, government notifications, or carrier messages
• Multi-level marketing or pyramid scheme recruitment
• Loan solicitation or debt collection messaging
• Content in violation of the CAN-SPAM Act, TCPA, CTIA guidelines, or applicable state law

The following sending practices are prohibited:

• Sending marketing messages to recipients who have not provided prior express written consent
• Sending messages to numbers on the National Do Not Call Registry where required by law
• Sending messages outside permitted hours (before 8:00 AM or after 9:00 PM recipient local time) for marketing programs
• Using a single-use or virtual number to evade carrier filtering or spam detection
• Sending messages at a rate that triggers carrier throttling without Elev8ed's prior written approval
• Attempting to re-enroll opted-out numbers without a new compliant opt-in

Phone numbers and associated message data collected through Elev8ed-managed SMS programs are used exclusively to:

• Deliver the specific SMS program to which the recipient opted in
• Maintain opt-in and opt-out records for legal compliance
• Attribute ordering and engagement behavior to communication channel sources (using aggregated, non-identifiable reporting)
• Investigate and resolve delivery issues or complaints

Elev8ed does not sell, rent, or share phone numbers collected through its SMS programs with third parties for their independent marketing or commercial use. Phone numbers are shared with sub-processor carriers (for message delivery) and the Restaurant Client on whose behalf the program is operated, consistent with the Data Processing Agreement.

Outbound message delivery logs (timestamp, number, delivery status) are retained for 90 days for operational troubleshooting. Opt-in and opt-out records are retained for five (5) years. Message content is not retained beyond 90 days except where required by law or in connection with an active dispute or investigation.

For complete information about how Elev8ed collects, uses, and protects personal information — including SMS recipient data — please review Elev8ed's Privacy Policy at elev8edmediahub.com/privacy and the Data Processing Agreement incorporated into the Restaurant Client Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEV8ED'S TOTAL LIABILITY TO ANY PARTY ARISING OUT OF OR RELATED TO THESE SMS TERMS — WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE TOTAL FEES PAID BY THE APPLICABLE RESTAURANT CLIENT TO ELEV8ED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR END USERS WHO ARE NOT RESTAURANT CLIENTS, ELEV8ED'S MAXIMUM LIABILITY IS LIMITED TO FIFTY DOLLARS ($50). THIS CAP APPLIES IN AGGREGATE ACROSS ALL CLAIMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEV8ED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM SMS NON-DELIVERY, DELAYED DELIVERY, CARRIER FILTERING, OR ANY OTHER FAILURE OF SMS TRANSMISSION INFRASTRUCTURE NOT WITHIN ELEV8ED'S DIRECT CONTROL.

Restaurant Clients who use Elev8ed's SMS infrastructure to transmit messages to non-consented recipients, outside permitted hours, or with prohibited content are solely liable for all resulting TCPA statutory damages (up to $1,500 per willful violation), carrier fines, regulatory penalties, and third-party legal claims. Elev8ed's indemnification obligations in the Restaurant Client Agreement do not extend to violations caused by Restaurant Client's non-compliant conduct.

These SMS Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Regardless of governing state law, Elev8ed's SMS programs comply with applicable federal law, including the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227; the CAN-SPAM Act, 15 U.S.C. §7701 et seq.; and FCC regulations implementing those statutes. Federal law controls over any conflicting state law provision with respect to federal regulatory compliance.

Disputes between Elev8ed and Restaurant Clients arising under these SMS Terms are subject to the arbitration and dispute resolution provisions of the Restaurant Client Agreement. End users who are not Restaurant Clients may bring individual claims in any court of competent jurisdiction; class actions are waived to the maximum extent permitted by applicable law.