Terms of Service
Please read the following Terms of Service (the "Agreement") carefully before installing, accessing, or otherwise using the software, apps, or service. you may not use the software until you accept the terms of this agreement. You agree to be bound by these terms of service by installing, or otherwise using the software, installing applications “Apps” or accessing or using the services.
This Agreement is by and between the provider of the apps, software or services described herein ("we", "us", “our” or iElement B.V “iElement”) and the individual who is using the service, installing the Apps or accessing the Software ("Customer" or "you"). This Agreement governs your use of our software, apps, services, and websites (collectively referred to herein as the “Service”).
1.1 Subject to the terms and conditions of this Agreement, we grant to the Customer, a limited, non-exclusive, non-transferable license to use the Service (as well as any related apps or software).
2. USE OF THE SERVICE
2.1 It is your responsibility to assess whether accessing the websites, using the Apps, Software, or the Service is in compliance with local laws and regulations.
2.2 Whenever you access the Websites, use the Apps, Software, or the Service, you should comply with these Terms and any applicable laws, regulations, and policies or other applicable jurisdictions, including the country in which you reside or from where you use the Service, but not limited to, use of your Service account “Account” by any person, with or without authorization, or who has access to any device or computer on which your Account resides or is accessible. By accepting this Agreement, you represent that you understand and agree to the foregoing.
3. TECHNICAL SUPPORT
3.1 Our support will be limited to chat and email support to the Customer. All support will be provided in the English language. Customer and technical support will address issues related to the use of the Service, such as registration, configuration, installation, and troubleshooting but will not include issues with respect to any Customers’ own internet connectivity issues or issues related to customers’ devices or computers.
3.2 We may conduct maintenance of the Service from time to time, during that maintenance time, the Service may not be available for use and we do not bear any liability for any harm or direct or indirect consequences to you, caused by this.
3.3 The Customer acknowledges and agrees that, due to the nature of the Internet, we cannot prevent and, therefore, not responsible for security breaches, nor are we responsible for any failure to maintain the confidentiality of information.
4.1 It is understood and agreed that ownership of, any part of the Service, Software, Apps or any related items, shall not ever be transferred to the Customer. All graphics, logos, Service marks, and trade names relating to the Software and Service are trademarks of ours or our partners or affiliated entities. You are prohibited from using any Marks without our prior written permission. We reserve all rights related to the Service and the Marks not granted in this Agreement.
5. LIMITATIONS ON USE
5.1 All Customers are encouraged and expected to reasonably use the Service without exceeding reasonable limitations of bandwidth in order to ensure the best possible service for all Customers.
5.2 We reserve our right to restrict or suspend access of Customers who unreasonably use, abuse, or misuse the Service to the extent that may hinder other customers' access, or negatively affect the overall quality of the Service. It is within our sole discretion to determine what comprises unreasonable use.
5.3 The Customer agrees that it will NOT use the Service to:
5.3.1 plan or engage in any illicit activity or use the Service for anything other than lawful purposes.
5.3.2 upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
5.3.3 stalk, harass, threaten or harm another;
5.3.4 pretend to be anyone or any entity, you are not — you may not impersonate or misrepresent yourself as another person, (we reserve the right to reject, suspend or block any account which could be deemed to be an impersonation or misrepresentation of your identity or a misappropriation of another person’s name or identity);
5.3.5 engage in any copyright infringement or other intellectual property infringement (including uploading or downloading any content to which you do not have the right to upload or download).
5.3.6 post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
5.3.7 attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
5.3.8 upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
5.3.9 interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
5.4 If you are minor, as defined by applicable laws in relevant jurisdictions, you are not allowed to use the Service.
6. FREE & TRIAL SERVICE
6.1 You may choose to use the Free Service, Trial Service or the subscription-based or Premium Service (the “Paid Service”).
6.2 If you choose to use the Free Service, you will have access to select servers, and we may deliver third-party advertisements to you.
6.3 We may require you to provide payment details in order to use the Trial Service.
6.4 We may modify, limit or withdraw a free and/or trial offer(s) at any time without prior notice.
6.5 The Customer understands, acknowledges, and agrees that it will automatically be charged for the Paid Service at the end of the trial period on a recurring basis.
7. PAID SERVICE
7.1 The Paid Service is a subscription-based option offered to our Customers through our websites or Application Distribution Platforms.
7.2 Customers can choose the period of time, pricing, and the payment method when choosing a Subscription Plan of the Paid Service.
7.3 Subscriptions will automatically be renewed, and the selected payment method will be charged at the start of the initial service period or any subsequent period(s).
7.4 Subscriptions purchased via Application Distribution Platforms or from a reseller are subject to the terms and conditions of the platform or reseller from which the subscription was purchased.
8. PAYMENTS & CANCELLATION
8.1 By choosing a Subscription Plan or at the end of the Trial period, the Customer will automatically be charged the subscription fee for the chosen plan, on a recurring basis, including any applicable taxes.
8.2 Payments made through Application Distribution Platforms or to a reseller are subject to the terms and conditions of the platform or the reseller to which the payment was made.
8.3 Customers may cancel the automatic payments for the Service before the end of the current subscription and it will only take effect on the next billing date.
9. TERMINATION & REFUNDS
9.1 Free Service users understand, acknowledge and agree that we may terminate your access to the Free Service at any time, for any or no reason, with or without prior notice and without penalty.
9.2 Terminations due to breach of this Agreement might be implemented instantly, with or without notice or refund.
9.3 The Customer agrees that any termination of access to the Service may be made without prior notice and the Customer agrees that we will not be liable to the Customer or any third party for such termination.
9.4 It is in our sole discretion to discontinue providing access to the Service, or any part thereof, with or without notice.
9.5 Refunds will be considered, at our sole discretion, if the Service was not available or usable during the subscription period and that reasonable attempts were made to contact us in order to resolve the issue. In this case, the Customer may receive a pro-rata refund of subscription fees paid during the period when the Service was not available or usable.
9.6 We cannot guarantee refunds of subscriptions purchased through an Application Distribution Platform and the Customer will have to contact Platform support for that.
10. LIMITATION OF LIABILITY & INDEMNIFICATION
10.1 We shall use reasonable skill and due care in providing the Service. The following disclaimers are subject to this express warranty.
10.2 We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time the Service might not be available for indefinite periods of time, or might be canceled in accordance with the terms of this agreement.
10.3 The Customer expressly understands and agrees that the Service is provided on an “as is” and “as available” basis.
10.4 We expressly disclaim all warranties, express or implied, including all warranties of fitness or suitability for a particular or certain purpose, as well as any warranties alleged to have arisen from custom, or usage.
10.5 We make no warranty or representation regarding the results that may be obtained from the use of the software, regarding the accuracy or reliability of any information obtained through the software, regarding any transactions entered into while using or through the Service or it will meet the customer's requirements, or be uninterrupted, timely, secure or error-free. Use of the Service is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Service is at your own discretion and risk.
10.6 The Customer will be solely responsible for any damage resulting from the use of the Service and the entire risk arising out of use or performance of the Service remains with the Customer. Specifically, we do not cover claims made by the Customer resulting from items unrelated to the Service, including but not limited to loss of Internet connectivity, disconnections, firewall, and server down-time, Customer Service complaints, computer hardware malfunctions, user error, or interruptions caused by third party hardware and Software outside our control.
10.7 Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material.
10.8 The Customer expressly understands and agrees that iElement and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
10.8.1 The use or inability to use the Service.
10.8.2 Any changes made to the Service or any temporary or permanent cessation of the service or any part thereof;
10.8.3 The unauthorized access to or alteration of your transmissions or data;
10.8.4 The deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Service;
10.8.5 Statements or conduct of any third party on the Service; and
10.8.6 Any other matter relating to the Service.
10.9 You agree to defend, indemnify and hold iElement, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to, incurred in, or arising from your breach of these Terms, your use of the Services, or any of your other acts or omissions.
11.1 Notices: We may provide you with notices regarding the Service, including changes to this Agreement, by email to your email address associated with your Account.
11.2 Language: This Agreement was originally written in English. Any translation is done on a best-effort basis. We cannot guarantee the accuracy of translated content. In the event of any discrepancy between the English and translated content, the English content shall prevail.
11.3 Modification: We reserve the right at any time, with or without notice, to modify this Agreement and to impose new or additional terms or conditions on your use of the Service.
11.4 Authorization: You agree that we may obtain information reasonably necessary to provide the Service.
11.5 Updates: We may, in our sole discretion, provide, and this Agreement applies to, all updates, features, or other functionality, including without limitation alterations of functionality, features, security, availability and other information relating to the Software, Apps or the Service (collectively, "Updates").
11.6 Third-party Websites: Your access through our Service to any website, service, or content provided by Third Parties does not indicate any relationship between iElement and such Third Parties.
11.7 Entire Agreement: This Agreement constitutes the entire agreement between you and us, governs your use of the Service and completely replaces any prior agreements in relation to the Service.
11.8 Survivability: The terms of the following Sections of this Agreement shall survive any cancellation, termination, or rescission: Ownership, Limitation on Use, Limitation of Liability & Indemnification.
11.9 Severability: If any part or provision in this Agreement is held invalid or unenforceable, that portion or provision shall be construed in a manner consistent with applicable law to reflect the original intent of that portion or provision, and the remaining portions and provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
11.10 Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Netherlands.