Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between Elastic Labs Co., Ltd. (“Elastic Labs”, “we”, “us”, or “our”) and the entity or individual (“Customer”, “you”, or “your”) accessing or using the SpeedGrowth AI platform and related services (collectively, the “Service”).

By creating an account, accessing the Service, or clicking “I agree,” you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Definitions

• “Service” means the SpeedGrowth AI platform, APIs, software, and any related tools or documentation provided by Elastic Labs.
• “Customer” means the business or individual who registers for and uses the Service.
• “User” means any individual authorized by the Customer to access the Service under the Customer's account.
• “Customer Content” means all data, text, files, and other materials submitted to the Service by the Customer or its Users.
• “Subscription Plan” means the pricing tier and features selected by the Customer at registration or subsequently updated.
• “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

2. The Service

2.1 Access

Subject to these Terms and timely payment of applicable fees, Elastic Labs grants you a limited, non-exclusive, non-transferable right to access and use the Service during the subscription term solely for your internal business operations.

2.2 Updates and Modifications

Elastic Labs may update, modify, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that negatively impact your use of the Service.

2.3 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance, updates, or circumstances beyond our control may cause temporary unavailability.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. By registering, you represent and warrant that all information you provide is accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at speedgrowth.support@elasticlabs.org of any unauthorized use or suspected security breach.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is designed to help businesses manage customer communications and automate support workflows.

4.2 Prohibited Conduct

You agree not to:

• Use the Service to transmit spam, unsolicited messages, or communications that violate applicable laws or platform policies (including TikTok Shop, Shopee, Lazada, or other marketplace terms);
• Attempt to reverse engineer, decompile, or extract the source code of the Service;
• Resell, sublicense, or otherwise provide access to the Service to third parties without our prior written consent;
• Use the Service to store or transmit malicious code, viruses, or disruptive data;
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;
• Use the Service in any manner that could expose Elastic Labs to legal liability or reputational harm.

4.3 Fair Use

Use of the Service is subject to reasonable usage limits as specified in your Subscription Plan. Elastic Labs reserves the right to throttle or suspend access if usage materially exceeds plan limits or degrades service quality for other customers.

4.4 Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data protection laws in the jurisdictions where you operate.

5. Customer Content and Data

5.1 Ownership

You retain all ownership rights in your Customer Content. These Terms do not grant Elastic Labs any ownership interest in your data.

5.2 License to Elastic Labs

You grant Elastic Labs a limited, non-exclusive license to process, store, and use your Customer Content solely to the extent necessary to provide and improve the Service.

5.3 Data Accuracy

You are responsible for the accuracy, quality, and legality of all Customer Content you submit to the Service and for obtaining any necessary consents from your customers or users.

5.4 Backups

While Elastic Labs maintains reasonable data backup procedures, we are not responsible for loss or corruption of Customer Content. You are encouraged to maintain your own backups of critical data.

5.5 Data Deletion

Upon termination of your account, Elastic Labs will delete or anonymize your Customer Content in accordance with our data retention policies and applicable law, unless retention is required by law.

5.6 AI Training

We do not use your Customer Content to train or improve general AI models offered to other customers without your explicit consent.

5.7 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Elastic Labs the right to use such feedback without restriction or compensation to you.

6. Third-Party Services

The Service may integrate with third-party platforms (e.g., TikTok Shop, Shopee, Lazada, Meta, Google) or use third-party AI providers. Elastic Labs is not responsible for the availability, accuracy, or policies of these third-party services. Your use of third-party integrations is subject to the respective third-party terms of service.

Elastic Labs may use subprocessors to deliver parts of the Service. A current list of subprocessors is available upon request.

7. Financial Terms

7.1 Fees

You agree to pay all fees associated with your selected Subscription Plan. Fees are stated in the applicable order form or pricing page and are exclusive of applicable taxes.

7.2 Billing Cycle

Subscriptions are billed on a recurring basis (monthly or annually) as selected at registration. Fees are due in advance at the start of each billing period.

7.3 Payment Methods

You must provide a valid payment method at registration. By providing payment information, you authorize Elastic Labs to charge the applicable fees to that payment method on a recurring basis.

7.4 Late Payment

If payment is not received when due, Elastic Labs may suspend access to the Service after reasonable notice. Overdue amounts may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7.5 Refunds

Subscription fees are generally non-refundable except where required by law or as expressly stated in a written agreement. If you cancel mid-cycle, you will retain access through the end of the current billing period.

8. Term and Termination

8.1 Term

These Terms commence on the date you first access the Service and continue until terminated in accordance with this section.

8.2 Termination by Customer

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

8.3 Termination by Elastic Labs

Elastic Labs may suspend or terminate your access to the Service immediately upon notice if you materially breach these Terms, engage in prohibited conduct, or fail to pay applicable fees.

8.4 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Service; (c) Elastic Labs will process the deletion of your Customer Content as described in Section 5.5.

8.5 Survival

Sections relating to definitions, payment obligations accrued prior to termination, intellectual property, confidentiality, disclaimers, limitation of liability, and general terms will survive termination of these Terms.

9. Warranties and Disclaimers

9.1 Elastic Labs Warranties

Elastic Labs warrants that the Service will perform materially in accordance with its documentation under normal use conditions. As your sole remedy for breach of this warranty, Elastic Labs will use commercially reasonable efforts to correct the non-conformity or, if correction is not feasible, refund fees paid for the affected period.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ELASTIC LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.3 AI-Generated Output

The Service uses artificial intelligence to generate responses and recommendations. AI output may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing and approving AI-generated content before it is sent to your customers or used in any business decision.

9.4 Third-Party Integrations

Elastic Labs makes no warranties regarding the performance, availability, or accuracy of third-party services integrated with the platform. Disruptions to third-party services are beyond our control.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
2. ELASTIC LABS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ELASTIC LABS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability; in such jurisdictions, the above limitations apply to the fullest extent permitted by law.

11. Confidentiality

Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information only to the extent necessary to perform obligations or exercise rights under these Terms.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party before disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or court order, provided the disclosing party gives prompt written notice where legally permissible.

12. Data Protection

Elastic Labs processes personal data in accordance with its Privacy and Personal Data Protection Policy, which is incorporated into these Terms by reference. To the extent required by applicable data protection law, the parties will enter into a Data Processing Agreement (“DPA”) that governs the processing of personal data on your behalf. Please contact us at speedgrowth.support@elasticlabs.org to request a DPA.

13. General Terms

13.1 Governing Law

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

13.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms will first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it will be submitted to binding arbitration in accordance with the rules of the Vietnam International Arbitration Centre (VIAC), or resolved by the competent courts of Ho Chi Minh City, Vietnam.

13.3 Entire Agreement

These Terms, together with any applicable order forms, the Privacy Policy, and any DPA, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, or understandings.

13.4 Amendments

Elastic Labs may update these Terms from time to time. We will notify you of material changes by email or prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13.5 Waiver and Severability

Failure to enforce any provision of these Terms will not constitute a waiver of that provision. If any provision is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remaining provisions will remain in full force and effect.

13.6 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Elastic Labs may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. Any purported assignment in violation of this section is void.

13.7 Force Majeure

Neither party will be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, labor disputes, internet outages, or third-party service failures. The affected party will notify the other party promptly and use reasonable efforts to resume performance.

13.8 Contact

For questions about these Terms, please contact: