TERMS OF USE

Elements Tech Solutions Website and Lumen

Effective Date: October 1, 2026

Last Updated: October 1, 2026

These Terms of Use (these "Terms") are a binding agreement between you and 4 Elements Hospitality, LLC, doing business as Elements Tech Solutions (the "Company," "we," "us," or "our"). They govern your access to and use of the Website and the Lumen Service. By creating a Lumen account, by checking a box or clicking a button that references these Terms, or by otherwise accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

SECTION 15 CONTAINS A WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE READ IT CAREFULLY.

1. DEFINITIONS AND INTERPRETATION

1.1Definitions. In these Terms:

1. (a)"Account" means a registered account for the Lumen Service.
2. (b)"Company Content" means all content made available through the Services other than User Content, including the Digest, text, graphics, designs, software, video, and the look and feel of the Services.
3. (c)"Digest" means the AI-generated summaries of developments in artificial intelligence that the Company makes available through the Lumen Service.
4. (d)"Lumen Service" means the Company's Lumen offering, including the Digest and the community board, and any related features, emails, and software.
5. (e)"Member" means an individual who holds an Account.
6. (f)"Privacy Policy" means the Company's Privacy Policy posted on the Website, as updated from time to time.
7. (g)"Services" means the Website and the Lumen Service together.
8. (h)"User Content" means any posts, comments, replies, profile information, images, links, and other content that you submit to the Services.
9. (i)"Website" means www.elementstechsolutions.com and its subdomains.

1.2Interpretation. "Including" and similar words mean "including without limitation." Headings are for convenience only and do not affect interpretation.

2. ELIGIBILITY AND ACCOUNTS

2.1Eligibility. You must be at least 18 years old to create an Account. By creating an Account, you represent that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Services under applicable law. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

2.2Account Information. You shall provide accurate and complete information when you create an Account and shall keep it current. Each Account is for one individual. You shall not share your Account or create an Account for anyone other than yourself.

2.3Account Security. You are responsible for keeping your password confidential and for all activity that occurs under your Account. You shall notify us promptly at nicole@elementstechsolutions.com if you suspect any unauthorized use of your Account. The Company is not liable for any loss arising from unauthorized use of your Account that results from your failure to protect your credentials.

3. THE LUMEN SERVICE

3.1Free Service. The Lumen Service is currently offered free of charge. The Company may introduce paid features in the future. You will not be charged for any feature unless you affirmatively agree to pay for it under separate terms presented to you at that time.

3.2AI-Generated Digest. The Digest is generated in whole or in part by artificial intelligence tools. It may contain errors, omissions, or outdated information, and it may summarize third-party sources inaccurately. The Digest is provided for general informational purposes only. It is not legal, financial, technical, or other professional advice. You are responsible for verifying any information in the Digest before relying on it.

3.3Community Board. The community board allows Members to post and view User Content. The Company does not pre-screen User Content and has no obligation to monitor it, but may do so at its discretion. Opinions expressed by Members are their own and do not represent the views of the Company.

3.4Changes to the Services. The Company may modify, suspend, or discontinue the Services or any feature of them, in whole or in part, at any time, with or without notice. The Company is not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3.5Emails. By creating an Account, you agree to receive the Digest and service-related emails about your Account. You may stop receiving the Digest by changing your email preferences or deleting your Account. Marketing emails are governed by the Privacy Policy, and you may opt out of them at any time.

4. USER CONTENT

4.1Ownership. You retain ownership of your User Content.

4.2License to the Company. You hereby grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (to the Company's service providers), and transferable (in connection with a transfer under Section 16.2) license to host, store, reproduce, display, distribute, adapt for formatting and display, and otherwise use your User Content to operate, provide, secure, and improve the Services. This license continues for as long as your User Content remains on the Services, and afterward for copies held in routine backups and copies that other Members have quoted or reshared.

4.3Your Representations. You represent and warrant that (a) you own or have all rights necessary to submit your User Content and grant the license in Section 4.2; and (b) your User Content, and the Company's use of it as permitted by these Terms, does not infringe or misappropriate any intellectual property, privacy, publicity, or other right of any person or violate any law.

4.4No Confidentiality. User Content posted to the community board is visible to all Members and is not confidential. You shall not post confidential or proprietary information, including information belonging to your employer or clients, or personal information about another person without that person's consent.

4.5Removal. The Company may remove, restrict, or refuse to display any User Content at any time and for any reason, including User Content that the Company believes violates these Terms.

5. ACCEPTABLE USE

5.1Prohibited Conduct. You shall not, and shall not attempt to or permit any other person to:

1. (a)use the Services in violation of any law or regulation;
2. (b)post User Content that is unlawful, defamatory, harassing, threatening, hateful, obscene, sexually explicit, or that promotes violence;
3. (c)post spam, chain messages, or unsolicited advertising, or use the community board primarily to promote your own products or services;
4. (d)scrape, harvest, or collect information about other Members, including names and profile information, by any automated or manual means, or use such information to contact Members for commercial purposes;
5. (e)access the Services through bots, crawlers, scripts, or other automated means, except for search engine crawlers indexing the public Website in accordance with our robots.txt file;
6. (f)upload viruses, malware, or other harmful code, or interfere with or disrupt the Services or the servers and networks that support them;
7. (g)probe, scan, or test the vulnerability of the Services, or circumvent any security, authentication, or access control measure;
8. (h)copy, modify, reverse engineer, decompile, or create derivative works of the Services or Company Content, except as expressly permitted by these Terms or by law;
9. (i)use the Services or Company Content to build, train, or benchmark a competing product or service, including any artificial intelligence model;
10. (j)impersonate any person or misrepresent your affiliation with any person or organization; or
11. (k)sell, resell, sublicense, or otherwise commercially exploit the Services or Company Content.

6. INTELLECTUAL PROPERTY

6.1Company Ownership. The Company and its licensors own all right, title, and interest in and to the Services and Company Content, including all intellectual property rights in them. "Elements Tech Solutions," "Lumen," and the Company's logos are trademarks of the Company. Nothing in these Terms grants you any right to use them.

6.2Limited License to You. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and view Company Content for your personal or internal business purposes. All rights not expressly granted to you are reserved by the Company.

6.3Feedback. If you submit ideas, suggestions, or other feedback about the Services ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, disclose, and exploit the Feedback for any purpose without compensation or attribution to you. The Company has no obligation to use any Feedback.

7. COPYRIGHT COMPLAINTS

7.1Notices of Infringement. The Company responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content on the Services infringes your copyright, send a written notice to our designated agent at the contact details below that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient for us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

7.2Designated Agent. Our designated agent for notices of infringement is Nicole Holtzman, Elements Tech Solutions, email: nicole@elementstechsolutions.com, with the subject line "DMCA Notice."

7.3Counter-Notices. If your User Content was removed in response to a notice under Section 7.1 and you believe the removal was a mistake or misidentification, you may send a counter-notice to our designated agent that complies with 17 U.S.C. § 512(g)(3).

7.4Repeat Infringers. The Company will terminate, in appropriate circumstances, the Accounts of Members who are repeat infringers.

8. CLIENT ENGAGEMENTS

8.1Descriptions of services, case examples, and other information on the Website are for general information only and are not an offer to provide services. Submitting an inquiry or booking request does not create a client relationship. Any services the Company provides to you or your organization will be governed exclusively by a separate written agreement signed by the Company. If that agreement conflicts with these Terms, that agreement controls as to the services it covers.

9. THIRD-PARTY LINKS AND SERVICES

9.1The Services, including the Digest and User Content, contain links to third-party websites, articles, and services that the Company does not control. The Company does not endorse and is not responsible for any third-party content, products, services, or privacy practices. Your use of any third-party website or service is at your own risk and subject to that third party's terms.

10. PRIVACY

10.1The Company's collection and use of personal information in connection with the Services is described in the Privacy Policy, which is incorporated into these Terms by reference.

11. TERMINATION

11.1By You. You may stop using the Services and delete your Account at any time.

11.2By the Company. The Company may suspend or terminate your Account or your access to all or part of the Services at any time, with or without cause and with or without notice, including if the Company believes you have violated these Terms.

11.3Effect of Termination. When your Account is terminated, your right to use the Lumen Service ends immediately, and your User Content will be handled as described in the Privacy Policy. Sections 1, 4.2 (to the extent stated in that Section), 4.3, 6, 11.3, 12, 13, 14, 15, and 16 survive any termination of these Terms.

12. DISCLAIMERS

THE SERVICES, THE DIGEST, AND ALL COMPANY CONTENT AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DIGEST OR ANY OTHER CONTENT IS ACCURATE, COMPLETE, OR CURRENT. THE COMPANY IS NOT RESPONSIBLE FOR USER CONTENT OR FOR THE CONDUCT OF ANY MEMBER. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

13. LIMITATION OF LIABILITY

13.1Exclusion of Damages.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

13.2Liability Cap.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE LUMEN SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

13.3Application. The limitations in this Section 13 apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. INDEMNIFICATION

14.1You shall defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, contractors, and agents from and against all claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your User Content; (b) your use of the Services; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party. The Company may assume the exclusive defense and control of any matter subject to indemnification by you, and you shall cooperate with the Company's defense of that matter.

15. GOVERNING LAW, VENUE, AND JURY WAIVER

15.1Governing Law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict of laws principles. If you are a consumer located in the European Economic Area, the United Kingdom, or another jurisdiction whose law gives you the benefit of mandatory consumer protections that cannot be waived by contract, nothing in these Terms deprives you of those protections.

15.2Venue. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services. You and the Company each consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

15.3Attorneys' Fees. In any action arising out of or relating to these Terms or the Services, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, including on appeal, from the non-prevailing party.

15.4Jury Trial Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

16. GENERAL

16.1Changes to These Terms. The Company may update these Terms from time to time by posting the updated Terms on the Website and changing the Last Updated date. For material changes, the Company will notify Members by email at least 15 days before the changes take effect. Your continued use of the Services after updated Terms take effect constitutes your acceptance of them. If you do not agree to updated Terms, you shall stop using the Services and delete your Account. Updated Terms do not apply to any dispute of which the Company had actual notice before the updated Terms took effect.

16.2Assignment. You may not assign or transfer these Terms or your Account without the Company's prior written consent. The Company may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets. Any purported assignment in violation of this Section 16.2 is void.

16.3Notices. The Company may give you notice by email to the address associated with your Account or by posting a notice on the Services. You shall send notices to the Company by email to nicole@elementstechsolutions.com. Notices by email are effective when sent, unless the sender receives a delivery failure message.

16.4Electronic Communications. You consent to receive communications from the Company electronically, and you agree that all agreements, notices, and other communications the Company provides electronically satisfy any legal requirement that they be in writing.

16.5Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and the Company regarding the Services and supersede all prior understandings regarding that subject matter. Section 8.1 governs the relationship between these Terms and any separate services agreement.

16.6Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

16.7No Waiver. The Company's failure to enforce any provision of these Terms is not a waiver of its right to enforce that provision later.

16.8Force Majeure. The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including outages of third-party hosting or AI providers, internet failures, natural disasters, and acts of government.

16.9Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and the Company.

16.10Language. These Terms are written in English. If these Terms are translated, the English version controls.

17. CONTACT US

17.1Questions about these Terms may be sent to:

Elements Tech Solutions, a business unit of 4 Elements Hospitality, LLC

Email: nicole@elementstechsolutions.com

Website: www.elementstechsolutions.com