Last Updated: 10-07-2025
Important Notice of Arbitration and Class Action Waiver: This Agreement contains a binding arbitration provision and a waiver of the right to participate in class actions. Please read Section 15 carefully.
1. Acceptance and Formation By checking the box and clicking “I Agree,” or by enrolling in, purchasing, or using any Elivex Home LLC (“Elivex,” “we,” “us,” “our”) services, you (“Customer,” “you,” “your”) acknowledge that: (a) you have read and agree to be bound by this Terms of Service (“Agreement”); (b) you are at least 18 years old and reside in Florida; and (c) you have authority to enter into this Agreement. If you do not agree, do not use Elivex services.
2. Services; Relationship with Vendors
2.1 Concierge Coordination. Elivex provides concierge coordination, scheduling, and vendor management for home services (e.g., lawn care, pest control, cleaning, handyman tasks, and other approved home maintenance services) (“Services”). Services are described in your Service Plan at enrollment and in your monthly bill.
2.2 Independent Vendors. Services are performed by independent, licensed third-party providers (“Vendors”). Vendors are not employees, agents, partners, or representatives of Elivex. Vendors are solely responsible for their work, workmanship, quality, and safety. 2.3 No Warranties by Elivex. Any warranties (if any) are provided by the Vendor directly. Elivex does not guarantee Vendor performance and is not liable for Vendor actions, omissions, or delays outside Elivex’s coordination role.
3. Plans, Availability, and Scope
3.1 Plan Options. Membership tiers may include recurring “Covered Services” with defined frequency and scope. Vendor availability varies by location and scheduling demand.
3.2 Scheduling Windows. Standard requests are acknowledged within 1 business day. Elivex aims to schedule standard requests within 3 business days and urgent requests within 1 business day, subject to Vendor availability. Status updates are provided within 24 hours when there are major delays or rescheduling needs. These are service-level commitments for coordination only.
4. Customer Responsibilities You agree to: (a) provide accurate, up-to-date information; (b) ensure safe and lawful property access during scheduled windows (e.g., gates unlocked; pets secured); (c) comply with applicable laws and HOA rules; and (d) pay all fees when due. Missed/inaccessible appointments may be forfeited or rescheduled at Elivex’s discretion and subject to Vendor availability.
5. Fees; Billing; Taxes
5.1 Startup Fee. A one-time, nonrefundable startup fee of $150.00 is charged at enrollment to cover onboarding, vendor scheduling, and service preparation. This fee is earned upon receipt and is not a deposit or credit against future service fees.
5.2 Recurring Service Fees. Plans are prepaid monthly in advance on your enrollment date unless otherwise stated. Each payment covers Services through the following month. Sales tax applies where required by law.
5.3 Auto-Pay Authorization. You authorize Elivex to automatically charge your payment method on file each billing period until cancellation. If payment fails, Services may be paused or terminated.
5.4 Late Payments. Accounts not paid within five (5) days of the billing date may be suspended until paid. A late fee of $50.00 may apply.
5.5 Price Changes. Elivex may change pricing prospectively. Notice will be provided before the next billing cycle.
6. Term; Renewal; Florida Automatic Renewal Notices
6.1 Month-to-Month. Membership begins on your enrollment date and renews monthly until canceled per Section 9.
6.2 Annual Plan (if selected). Annual plans auto-renew each year unless canceled at least 30 days prior to renewal. Elivex will provide renewal reminders in accordance with Florida Statutes §501.165 for plans with initial terms of twelve (12) months or more that automatically renew beyond one (1) month.
7. Cancellation; No Refunds
7.1 Customer Cancellation. You may cancel at any time via written notice to support@elivex.homes. Cancellation takes effect at the end of your current billing cycle; Services remain active through the paid period.
7.2 No Prorated Refunds. All fees are nonrefundable. No prorated refunds, credits, or partial returns are issued for mid-cycle cancellations or for unused Services, except where required by law.
7.3 Pending Work. You remain responsible for payment of Services that have been scheduled, assigned, or performed prior to the effective date of cancellation.
7.4 Final Confirmation. After any outstanding amounts are settled, Elivex will issue a Final Cancellation Confirmation by email. Only upon issuance is your account fully canceled and closed.
7.5 Reinstatement. Reactivation may require a new enrollment agreement and reactivation fees.
8. Rescheduling; Missed Services
8.1 Rescheduling. Requests to reschedule Covered Services must be made at least 24 hours in advance and are subject to Vendor availability.
8.2 Missed/Inaccessible Appointments. If Vendors cannot access the property or appointments are missed, the Service may be forfeited or rescheduled at Elivex’s discretion.
9. Changes to Agreement and Plan Terms Elivex may update this Agreement or Service Plan Terms. Material changes will be communicated in advance, and your continued use constitutes acceptance of the updated terms.
10. Website Use; Accounts; IP; Links
10.1 Website Terms. The elivex.homes website (the “Site”) is provided “as is” and “as available.” Site content (text, graphics, logos, software) is owned by Elivex or its licensors and protected by law. You may not copy, reproduce, or distribute Site content without prior written consent.
10.2 Acceptable Use. You agree not to: (a) use the Site unlawfully; (b) disrupt Site operation; (c) attempt unauthorized access; or (d) post or transmit false, misleading, or harmful content.
10.3 Accounts. You are responsible for your login credentials and all activity under your account. Notify Elivex immediately of suspected unauthorized use.
10.4 Third-Party Links. Elivex is not responsible for the content or practices of third-party sites.
11. Insurance; Risk; Vendor Responsibility
11.1 Vendor Insurance. Elivex requires Vendors to maintain appropriate insurance (e.g., general liability). Elivex does not guarantee coverage for every type of claim.
11.2 Customer Insurance. You are responsible for maintaining homeowner’s or renter’s insurance as appropriate.
11.3 Assumption of Risk; Release. You understand that home services may involve risks (e.g., property damage, injury). To the fullest extent permitted by law, you release and hold harmless Elivex, its owners, employees, and affiliates from claims, damages, losses, or liabilities arising from services provided by Vendors, including dissatisfaction with services, property damage, or personal injury, except to the extent caused directly by Elivex’s own gross negligence or willful misconduct.
12. Service Credits; Exclusive Remedy for Missed Coordination SLAs If Elivex fails to meet its coordination response/scheduling commitments in Section 3, Elivex may provide one (1) month of service credit applied to your next billing cycle. Service credits are the exclusive remedy for missed coordination SLAs; no monetary refunds are issued.
13. Indemnification You agree to indemnify and hold harmless Elivex, its officers, employees, and agents from claims, damages, or losses arising from: (a) your use of Services; (b) your violation of this Agreement; (c) your negligence or misconduct; or (d) disputes with Vendors, except to the extent caused directly by Elivex’s own gross negligence or willful misconduct.
14. Disclaimers Services and the Site are provided “as is” and “as available.” Elivex disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Elivex does not guarantee uninterrupted or error-free Services, Vendor availability, or outcomes.
15. Dispute Resolution; Arbitration; Class Action Waiver
15.1 Informal Resolution. Before initiating arbitration, you agree to email support@elivex.homes, mail written notice to: Elivex Home LLC, 1549 Axel CIR, Winter Haven, Florida 33880, or call the support number posted on elivex.homes. Both parties will attempt in good faith to resolve disputes informally within thirty (30) days of receipt of notice.
15.2 Binding Arbitration. Except as provided in Section 15.4, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or your relationship with Elivex (“Claims”) shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Polk County, Florida, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Delegation. The arbitrator shall decide threshold issues of arbitrability, scope, enforceability, waiver, and any defenses, except where prohibited by law.
15.4 Small Claims; Injunctive Relief. Either party may bring an individual action in Polk County, Florida small claims court. Elivex may seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorized access, abuse, or misuse of the Site.
15.5 Class Action and Jury Trial Waiver. You and Elivex agree that Claims may be brought only in individual capacity, not as a class or representative action. The arbitrator shall not consolidate claims of more than one person. To the extent any matter proceeds in court, both parties waive the right to a jury trial.
15.6 Limitation Period. Any Claim must be filed within one (1) year after it arose or be forever barred, to the maximum extent permitted by law.
16. Limitation of Liability To the maximum extent permitted by law, Elivex is not liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or Site. Elivex’s total liability to you for any claim in the month a claim arose shall not exceed the total service fees paid by you to Elivex for that month. These limitations apply regardless of the theory of liability and even if advised of the possibility of such damages.
17. Privacy; Data Practices Elivex collects and uses personal information to provide and manage Services, process payments, schedule services, manage your account, communicate with you, improve customer experience, and comply with legal obligations. Payment information is processed via third-party providers; Elivex does not store full card numbers. Elivex uses GoDaddy (website hosting) and Notion (CRM and internal ticketing) with industry-standard security controls and encryption. You may request access, correction, or deletion of your data by contacting support@elivex.homes; changes or deletions are handled directly and are not self-service on the Site. Data is retained as required by business and law (generally up to seven (7) years) and then deleted or anonymized. See the Elivex Privacy Policy for details.
18. Governing Law; Venue This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Venue for any permitted court action (including small claims and injunctive relief) shall be in Polk County, Florida.
19. Assignment; Entire Agreement; Severability; Waiver
19.1 Assignment. You may not assign this Agreement without Elivex’s prior written consent. Elivex may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets.
19.2 Entire Agreement. This Agreement, together with your Service Plan and any order confirmation, constitutes the entire agreement between you and Elivex and supersedes prior or contemporaneous understandings.
19.3 Severability. If any provision is found unenforceable, the remainder remains in full force and effect. 19.4 Waiver. Failure to enforce any provision is not a waiver of that or any other provision.
Notices; Contact Questions or notices: support@elivex.homes; Mail: Elivex Home LLC, 1549 Axel CIR, Winter Haven, Florida 33880.
Conspicuous Disclosures (You Agree By Checking the Box):
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