Effective date: May 3, 2026. Last updated: May 3, 2026.
ElementWatch is a product of SapienCX LLC, a Virginia limited liability company. Please read these Terms carefully before using the Service.
ElementWatch is owned and operated by SapienCX LLC, a Virginia limited liability company. By using ElementWatch, you agree that you are contracting only with SapienCX LLC and not with any individual founder, member, manager, officer, employee, contractor, affiliate, or agent.
To the maximum extent permitted by law, no founder, member, manager, officer, employee, contractor, affiliate, or agent of SapienCX LLC shall have any personal liability for any claim, loss, refund, chargeback, data issue, service interruption, reliance decision, or other matter arising from or relating to ElementWatch. SapienCX LLC's members, managers, officers, employees, contractors, affiliates, and agents are intended third-party beneficiaries of the disclaimers, limitations of liability, indemnification, and other protective provisions in these Terms.
ElementWatch is intended for business, professional, procurement, market-monitoring, and informational use. It is not intended for household, emergency, safety-critical, medical, legal, financial-advisory, investment-advisory, commodity-trading, or regulated trading use. You may not use ElementWatch where inaccurate, delayed, incomplete, unavailable, or misunderstood information could reasonably result in personal injury, property damage, safety risk, regulatory violation, or material financial harm without independent verification from authoritative sources.
ElementWatch provides decision-support information based on public datasets, third-party sources, news, market signals, and automated analysis. ElementWatch is not financial, investment, commodity-trading, procurement, legal, regulatory, accounting, tax, logistics, safety, or other professional advice.
You are solely responsible for independently verifying all information before making purchasing, contracting, hedging, trading, investment, budgeting, operational, logistics, or other business decisions. You acknowledge and agree that you are not relying on ElementWatch, any data, signal, model output, ranking, summary, recommendation, or other content from the Service as the sole basis for any business, financial, procurement, legal, regulatory, or operational decision.
ElementWatch does not provide real-time, transaction-grade, exchange-certified, or guaranteed commodity pricing. Public datasets, government data, news sources, third-party feeds, market commentary, and AI-generated summaries may be delayed, revised, incomplete, inaccurate, unavailable, or misinterpreted. We do not guarantee that ElementWatch will identify every relevant market event, supply-chain risk, shortage, price movement, geopolitical development, regulatory change, transportation disruption, or material development.
Some paid features may use automated systems or AI providers to generate summaries, analysis, explanations, rankings, or responses. AI-generated output may contain errors, omissions, outdated information, unsupported inferences, or fabricated content. You must independently verify AI-generated output before relying on it. ElementWatch does not warrant that AI-generated output is accurate, complete, current, suitable for your use case, or free from hallucinations or bias.
By purchasing a paid subscription, you authorize SapienCX LLC and its payment processor to charge your selected payment method on a recurring basis for the plan, price, billing interval, taxes, and fees disclosed at checkout. Subscriptions automatically renew at the end of each billing period until canceled.
You may cancel through your account, through the billing portal, or by emailing tom@phase3ai.com. Cancellation takes effect at the end of the then-current billing period unless otherwise required by law. Cancellation stops future renewal charges; it does not create a refund for the current billing period.
We may change subscription prices or plan features prospectively. We will provide notice of material price changes before they take effect as required by applicable law. Continued use after the effective date constitutes acceptance of the new price or plan terms.
ElementWatch is offered at the following tiers. Prices are in USD and are exclusive of applicable taxes unless otherwise stated at checkout. All paid plans auto-renew as described in Section 6. The price, billing interval, and features applicable to your subscription are those disclosed at the time of purchase.
SapienCX LLC may offer introductory, beta, or promotional rates for a limited time or for a limited number of subscribers. Such rates may be grandfathered for qualifying subscribers or discontinued with notice. The presence of a promotional or beta rate does not obligate SapienCX LLC to continue it indefinitely or to offer it to new subscribers.
We reserve the right to change plan prices, features, or tier definitions prospectively with notice as described in Section 6. Query limits and API access volumes are subject to adjustment; material reductions to paid-tier inclusions will be communicated in advance.
First-time paid subscribers may request a refund within seven (7) days of their first payment. This guarantee is limited to one refund per person, company, billing account, or payment method.
After the 7-day refund period, payments are non-refundable except where required by law or approved by SapienCX LLC in its sole discretion. We do not provide partial-month refunds, partial-year refunds, credits for unused time, or refunds for failure to cancel before renewal.
We reserve the right to deny refunds or account credits in cases of abuse, excessive usage, redistribution, scraping, account sharing, violation of these Terms, suspected fraud, or chargeback misuse.
If a payment fails, we may retry the payment method, request updated payment information, restrict paid features, suspend the account, or terminate the subscription. You are responsible for all applicable taxes, duties, levies, and similar charges, excluding taxes based on SapienCX LLC's net income.
If you initiate a chargeback or payment dispute, we may suspend access while the dispute is pending and may provide the payment processor with evidence of subscription authorization, usage, renewal disclosure, cancellation terms, refund policy, and acceptance of these Terms.
You may use ElementWatch only for your own internal business or personal informational purposes. You may not scrape, crawl, harvest, copy at scale, republish, resell, sublicense, redistribute, frame, mirror, benchmark for a competitive service, reverse engineer, abuse, overload, interfere with, or attempt unauthorized access to ElementWatch. Credentials are personal and non-transferable. Automated access is prohibited except through published API endpoints or written permission from SapienCX LLC.
SapienCX LLC owns or licenses all rights in ElementWatch, including the website, design, text, analysis, source selection, signal logic, rankings, summaries, user interface, methodology, compilation, and software, except for third-party source materials. Subject to these Terms, you receive a limited, revocable, non-exclusive, non-transferable license to access and use ElementWatch for your internal use during an active subscription. No rights are transferred to you except as expressly stated.
ElementWatch is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, SapienCX LLC disclaims all warranties, express or implied, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, security, error-free operation, and suitability for any particular business, procurement, trading, investment, logistics, or operational decision.
To the maximum extent permitted by law, SapienCX LLC and its members, managers, officers, employees, contractors, affiliates, and agents shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost savings; lost business opportunities; procurement losses; trading or investment losses; business interruption; reputational harm; data loss; or losses arising from delayed, inaccurate, incomplete, unavailable, or misinterpreted data.
Our total aggregate liability for all claims arising out of or related to ElementWatch shall not exceed the greater of one hundred dollars ($100) or the amount you paid to SapienCX LLC for ElementWatch during the three (3) months preceding the event giving rise to the claim. This limitation applies regardless of legal theory, including contract, tort, negligence, strict liability, statute, misrepresentation, warranty, or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless SapienCX LLC and its members, managers, officers, employees, contractors, affiliates, and agents from and against any third-party claim, demand, loss, liability, damage, cost, and expense, including reasonable attorneys' fees, arising out of or related to: (a) your use or misuse of ElementWatch; (b) your decisions or actions taken in reliance on ElementWatch; (c) your violation of these Terms; (d) your unauthorized sharing, scraping, resale, or redistribution of ElementWatch content; (e) your violation of law or third-party rights; or (f) information you submit to the Service.
We may suspend or terminate access to ElementWatch, with or without notice, if we believe you violated these Terms, failed to pay fees when due, created risk or possible legal exposure for SapienCX LLC, used the Service in a way that may harm the Service or other users, or engaged in suspected fraud, scraping, abuse, or security violations. Termination for breach does not entitle you to a refund.
Sections concerning fees owed, intellectual property, disclaimers, no reliance, limitation of liability, indemnification, governing law, dispute resolution, class action waiver, and any provisions that by their nature should survive shall survive termination.
SapienCX LLC will not be liable for delay, failure, downtime, interruption, degraded performance, inaccurate output, or missing data caused by events beyond its reasonable control, including third-party provider outages, cloud or hosting failures, payment processor issues, data-source changes or outages, government-source delays or revisions, API limits, cyber incidents, labor disputes, natural disasters, acts of war, terrorism, civil unrest, regulatory action, power failures, internet failures, or other force majeure events.
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. The state and federal courts located in Virginia shall have exclusive jurisdiction over disputes arising out of or related to ElementWatch or these Terms, and you consent to personal jurisdiction and venue in those courts.
To the maximum extent permitted by law, you and SapienCX LLC agree that any dispute will be brought only on an individual basis and not as a class action, collective action, representative action, private attorney general action, or consolidated proceeding.
Any dispute arising out of or related to ElementWatch or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration shall be Virginia. The arbitration shall proceed on an individual basis only. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, security, or service integrity.
You may opt out of arbitration by sending written notice to tom@phase3ai.com within thirty (30) days after account creation. Your opt-out notice must include your name, email address, and a statement that you are opting out of arbitration.
Use of ElementWatch does not form a fiduciary relationship with SapienCX LLC or any founder, member, manager, officer, employee, contractor, affiliate, or agent. No information provided on ElementWatch is meant to provide legal, financial, or procurement advice.
ElementWatch benchmarks US and North American markets by default. Global signals are noted where applicable on each material's intelligence view. We do not warrant coverage, accuracy, or completeness for any specific geography.
We may provide notices by email, in-product notice, posting on the website, billing portal, or other reasonable electronic means. You are responsible for keeping your account email current. You may not assign or transfer your account or rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.
These Terms, together with any checkout disclosures, plan terms, and the Privacy Policy, are the entire agreement between you and SapienCX LLC regarding ElementWatch and supersede prior or contemporaneous understandings on the same subject. If any provision is found unenforceable, the remaining provisions remain in full effect.
We may update these Terms over time and will maintain a dated archive of each version. Material changes will be notified to active subscribers via the email address on file before they take effect. Continued use after the effective date constitutes acceptance of the revised Terms.
Questions about these Terms: tom@phase3ai.com