Elite Assist Terms of Service

Effective: January 1, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ALMOST ANYTHING INC., A CALIFORNIA CORPORATION (“COMPANY”).

SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
(2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.
PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, ITS EFFECTS, AND HOW TO OPT OUT.

By accessing or using the website located at https://www.almostanythinginc.com/ (“Website”), the CRM platform available at https://elite.almostanythinginc.com/eliteassist (“CRM Portal”), downloading, installing, or using any software, API, plugin, or tool provided by the Company (collectively, the “Software”), or by accessing or using any information, features, data, or services enabled through the Website, CRM Portal, or Software (each, a “Service,” and collectively, the “Services”), clicking to signify your acceptance, or completing the CRM account registration process, you represent and warrant that:

  1. You have read, understood, and agree to be bound by this Agreement, including any future amendments or updates posted to https://www.almostanythinginc.com/terms or otherwise presented through the Services;

  2. You are of legal age in your jurisdiction to form a binding contract; and

  3. You have the authority to enter into this Agreement personally and, if applicable, on behalf of any company or organization you represent, and to bind such entity to this Agreement.

The terms “you,” “user,” and “users” refer to all individuals or entities that access or use the Website, CRM Portal, Software, and/or Services, including, without limitation, companies or organizations that register accounts or authorize employees, contractors, or agents to use the Services on their behalf. Except as otherwise stated, if you do not agree to be bound by this Agreement, you may not access or use the Website, Elite Assist Portal, Software, or Services.

Subject to Section 12(h) of this Agreement, the Company reserves the right to modify this Agreement or its policies related to the Website, Software, or Services at any time, effective upon posting of an updated version on the Website or through the Services. Continued use of the Services after any such updates shall constitute your consent to the modified Agreement.

The Company may integrate or make use of third-party CRM technologies, data processors, marketing APIs, or cloud infrastructure partners (collectively, “Third-Party Resources”) as part of its Services. These Third-Party Resources operate independently of the Company and are subject to their own terms and conditions. The Company does not guarantee or assume responsibility for the performance, legality, or reliability of any Third-Party Resources, including those that may be used in connection with your CRM deployment or integrations. While the Company may facilitate connections or offer integration support, the Company does not control and is not liable for the acts or omissions of such third-party services, vendors, or platforms, except as expressly stated in this Agreement.

Almost Anything Inc welcomes your questions or comments regarding the Terms:

1. Introduction

These terms of service ("Terms") govern the use of the Elite Assist services ("Services") provided by Elite Assist, a business operated by Almost Anything, Inc. ("Elite Assist," "we," or "us"). Elite Assist may provide Services through its website, mobile applications, and other platforms.

Applicability and Acceptance of Terms

These Terms apply to each person who accesses or uses Elite Assist Services ("user," "you"). By using our Services, you agree to these Terms. If you are using the Services on behalf of a company or entity, you represent that you have authority to bind that entity, and these Terms apply to that entity.

Service Agreement

If you have entered into a separate service agreement ("Service Agreement") with Elite Assist, that agreement is incorporated into these Terms. If there is a conflict between the Service Agreement and these Terms, the Service Agreement controls.

Changes to Terms

We may update these Terms at our discretion. We will notify users of material changes through our website. Continued use of the Services after changes are posted means you accept the revised Terms.

2. Services

Elite Assist provides:

  • Virtual assistant staffing and matching services

  • Administrative, creative, and operational support for businesses

  • Training, onboarding, and coaching for assistants

  • CRM setup and other workflow optimization services

We reserve the right to modify or discontinue any Services at any time.

3. Confidentiality

We respect the confidentiality of client information. Any sensitive information shared with Elite Assist will be used solely to provide Services and will not be disclosed without permission, except as required by law.

4. Intellectual Property

All materials provided by Elite Assist, including templates, guides, and systems, are proprietary. You may not use our intellectual property without permission. You retain ownership of any original content you provide to us.

5. Client Obligations

You agree to:

  • Provide timely responses and materials necessary for service delivery

  • Pay for the Services according to the agreed-upon terms

  • Maintain confidentiality of any login credentials or access provided by Elite Assist

You agree not to:

  • Use our Services for any unlawful or unauthorized purpose

  • Attempt to reverse engineer or replicate Elite Assist’s tools or systems

6. Data Privacy

Your use of our Services is subject to our Privacy Policy, which outlines how we collect, use, and protect personal data.

7. Payment Terms

Fees are due in advance as specified in your Service Agreement or invoice. Services begin only after initial payment is received. Monthly services will auto-bill on the same date each month. All payments are non-refundable.

Late payments are subject to a 1% monthly interest or the maximum allowed by law.

8. Term and Cancellation

Initial Term

All standard service agreements have a minimum 12-month term ("Initial Term").

Auto-Renewal

After the Initial Term, your agreement automatically renews for the same term length unless canceled during the Cancellation Window.

Cancellation Window

You may cancel by sending written notice via email to support@almostanythinginc.com between 30 days before and the last business day of your term.

Early Cancellation

To cancel before the end of your current term, you must:

  1. Send written notice to support@almostanythinginc.com

  2. Pay an Early Cancellation Fee equal to the remaining balance of the term

No early cancellation is effective until both steps are completed.

9. Third-Party Services

Google Third Party Disclaimer: Elite Assist may resell Google Ads services. For more information, please refer to Google’s "Working with a Third-Party Disclaimer" located at [http://www.google.com/adwords/thirdpartypartners/](http://www.google.com/adwords/thirdpartypartners/).

Bing Ads Agreement: Elite Assist may resell Bing Ads. Use of Bing marketing services is subject to the Bing Ads Agreement: [https://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-ads-agreement](https://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-ads-agreement).

Facebook Advertising Guidelines: Use of our services in connection with Facebook ads is governed by Facebook’s Advertising Guidelines: [https://www.facebook.com/policies/ads](https://www.facebook.com/policies/ads).

Elite Assist may receive referral fees, incentives, revenue shares or rebates from third-party providers. Clients are not entitled to such incentives.

10. Compliance with Email and Messaging Laws

You agree to comply with all applicable marketing and communications laws, including but not limited to:

  • CAN-SPAM Act (U.S.)

  • Canadian Anti-Spam Legislation (CASL)

  • Telephone Consumer Protection Act (TCPA)

You are responsible for maintaining proper consents and permissions from all recipients of communications sent through or with the help of our Services. Elite Assist reserves the right to suspend services for suspected violations.

You may not:

  • Send messages to users without consent

  • Falsify sender information or use deceptive subject lines

  • Send content that results in high spam or bounce rates

  • Use our tools for unsolicited or harassing communications

11. User Content and Moderation

If the Services include interactive or community features, you may post, submit, or share content (“User Content”). By doing so, you grant Elite Assist a license to use, modify, and distribute your User Content as needed to operate the Services.

User Content must not:

  • Contain hate speech, adult content, or illegal material

  • Infringe on others’ rights or IP

  • Impersonate or misrepresent

  • Contain misleading or deceptive content

  • Violate any applicable law

Elite Assist reserves the right to:

  • Remove or moderate User Content

  • Suspend access for violations

  • Cooperate with law enforcement as required

12. Limitation of Liability

Elite Assist is not liable for indirect, incidental, or consequential damages. Our total liability is limited to the amount you paid for Services. Services are provided "as is" without warranties of any kind.

1.    (a) Cap on Liability. TO THE FULLEST EXTENT OF LAW THE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (a) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR (b) ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

2.    (b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, SOFTWARE, OR SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY Vendor Resources, AAI Runner/Assistant, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SOFTWARE OR SERVICES, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.

13. Indemnification

You agree to indemnify and hold Elite Assist harmless from any claims, liabilities, or damages arising from your use of our Services or violation of these Terms.

14. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

1.    (a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding the Company or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with Company as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

2.    (b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, General Counsel, at 1507 7th Street Santa Monica, CA 90401. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at  213-620-1133. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, the Company will pay them for you. In addition, the Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.

3.    (c) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.

4.    (d) Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in section 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

5.    (e) Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 13.

6.    (f) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your AAI username (if any), the email address you used to set up your AAI account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: info@almostanythinginc.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND THE COMPANY RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A AAI Runner/Assistant. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A AAI Runner/Assistant, OPTING-OUT OF THE ARBITIRATION AGREEMENT SET FORTH IN THIS SECTION 12 HAS NO AFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPEDENT CONTRACTOR AGREEMENT WITH THE COMPANY.

7.    (g) Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.

8.    (h) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

16. Internet Delays

The Company’s Website, Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.

17. Miscellaneous

Entire Agreement: These Terms, along with your Service Agreement and our Privacy Policy, constitute the entire agreement.

Amendments: Only Elite Assist may amend these Terms.

No Waiver: Failure to enforce any provision does not constitute a waiver.

Survival: Sections on confidentiality, intellectual property, payment, liability, and dispute resolution survive termination.

18. Contact Information

Contact support@almostanythinginc.com for questions regarding these Terms.

Almost Anything Inc.

Support: support@almostanythinginc.com
Telephone Number: +1 (424) 279-8383