Terms of Service

Last updated: April 12, 2026

These Terms of Service ("Terms") govern your access to and use of the Elby AI services, including our website at getelby.ca and our AI receptionist platform (collectively, the "Service"), operated by Lightbody Marketing ("we," "us," or "our"), headquartered in Kingston, Ontario, Canada.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Elby AI provides an AI-powered virtual receptionist service designed for Canadian service businesses. Our platform:

• Answers incoming phone calls using conversational artificial intelligence
• Qualifies leads and captures caller information
• Books appointments directly to your calendar
• Sends follow-up SMS messages to callers
• Provides call transcriptions and analytics

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use our Service. By using the Service, you represent and warrant that you meet these requirements and have the authority to bind the entity on whose behalf you are using the Service.

3. Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

4. Pricing and Payment

Monthly Subscription

The Elby AI service is offered at $299 CAD per month, billed monthly. This is a flat-rate fee with no hidden charges, per-minute billing, or overage fees.

Setup Fee

A one-time setup fee of $750 CAD is charged at the start of service. This covers full configuration of your AI receptionist, including voice training, business-specific knowledge base creation, calendar integration, and onboarding support.

Payment Terms

• All fees are in Canadian dollars (CAD) unless otherwise specified
• Payment is due at the beginning of each billing cycle
• We accept major credit cards and electronic payment methods
• Failed payments may result in service suspension
• All fees are non-refundable except as required by applicable law

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable Canadian, provincial, or international law or regulation
• Transmit any material that is defamatory, obscene, or otherwise objectionable
• Engage in any activity that could disable, overburden, or impair the Service
• Attempt to gain unauthorized access to any part of the Service
• Use the AI receptionist for telemarketing, robocalling, or unsolicited outbound calls
• Record calls without proper consent or in violation of Canadian recording consent laws

6. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, software, and AI technology — are owned by Lightbody Marketing and are protected by Canadian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

7. AI Disclaimer

While Elby AI is designed to handle calls professionally and accurately, you acknowledge that:

• The AI may occasionally misinterpret caller intent or information
• The Service is not a substitute for licensed professional advice (legal, medical, financial, etc.)
• Call transcriptions may contain inaccuracies
• We continuously improve our AI but cannot guarantee 100% accuracy
• You are responsible for reviewing and verifying any information captured by the AI before acting on it

8. Data Ownership

Your data belongs to you. All customer data, call recordings, transcriptions, and lead information captured through the Service are your property. We act as a data processor on your behalf. Upon termination, you may request an export of all your data.

9. Service Level

We strive to maintain 99.9% uptime for our AI receptionist service. However, we do not guarantee uninterrupted service and are not liable for any downtime or service interruptions beyond our reasonable control, including but not limited to telecommunications failures, power outages, or force majeure events.

10. Termination

• By you: You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of the current billing period.
• By us: We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees, or engage in conduct that we reasonably believe is harmful to our business or other users.
• Effect of termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days, during which you may request an export.

11. Limitation of Liability

To the maximum extent permitted by Canadian law:

• Our total liability for any claims arising from the Service shall not exceed the total fees paid by you in the 12 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any lost profits, lost revenue, lost business opportunities, or loss of data

12. Indemnification

You agree to indemnify, defend, and hold harmless Lightbody Marketing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service or violation of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms shall be resolved in the courts of Ontario, Canada.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

Elby AI — A product of Lightbody Marketing
Kingston, Ontario, Canada
Phone: (343) 321-3173
Email: legal@getelby.ca