Terms of Service


Revision nr 2, 25 May 2018 – GDPR Updates

 

These Terms of Service (the “Terms”) govern your access to and use of elapseit (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.

elapseit”, “we” “us”, or “our” means Elapse IT SRL (doing business as elapseit), a Romanian limited liability company with company registration number 37287552, our employees, directors, officers, affiliates, and subsidiaries.

By using the Services, you agree to be bound by these Terms. Using the Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledge that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You must be at least 18 years of age to use the services; by using our Services you warrant and represent to us that you are at least 18 years of age.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with elapseit and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may modify the Services at any time without prior notice to you.

Your Data & Your Privacy

By using our Services, you provide us with information, files, and other data that you submit to elapseit (together, “your data”). These Terms do not grant us any intellectual property rights over your data. Your data remains yours, except for the limited rights that are needed to run the Services, as explained below.

You give us the permissions we need to do those things solely to provide the Services. It also includes design choices we make to technically administer our Services, for example, how we store the data. This permission also extends to trusted third parties we work with to provide the Services.

How we collect and use your information is detailed in our Privacy Policy.

You are solely responsible for your conduct, the content of your data, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

You acknowledge that elapseit has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Your Responsibilities

You, and not elapseit, are responsible for maintaining and protecting all of your data. elapseit will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify elapseit of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to elapseit, it is your responsibility to use a secure encrypted connection to communicate with the Services.

elapseit Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into elapseit or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

These Terms do not grant you any rights to use the elapseit trademarks, logos, domain names, or other brand features.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third-party due to or arising out of or in connection with your use of elapseit.

 

Copyright

elapseit respects others’ intellectual property and asks that you do too. We do not pre-screen your data, but reserve the right to refuse or remove any of your data from the Services.

Other Content

The Services may contain links to third-party websites or resources. elapseit does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. Termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.

Payment terms

The service is billed in advance on a monthly basis and is non-refundable. To verify if our service suits your needs before buying you can use the Free Trial Account. There will be no refunds for partial months of service, upgrade/downgrade, or for unused periods. In case of an upgrade or downgrade of your account, your credit card will be charged with the new amount in the next billing cycle (on the date you have upgraded your account). If you add users within billing cycles you will be billed for the corresponding remaining period.

We reserve the right to change the service pricing with a 30 days’ notice. You can cancel your account at any time following the on-screen instructions on your company settings page. Any other way of communicating cancellations is not considered. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. Cancellation is immediate, without a cancelation fee, and all of your data will be removed.

elapseit is not responsible for any foreign, U.S. federal, state, local, municipal, or other governmental taxes, duties, levies, fees, excises, or tariffs, owed by you arising as a result of or in connection with the Services. You must pay all applicable sales, use, or value added taxes or tariffs applied by any national, state, provincial, or local jurisdiction to which you are subject that arise from or are related to these Terms.

elapseit is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. elapseit will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL elapseit, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT elapseit HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY OF OUR SERVICES, OUR LIABILITY SHALL NOT EXCEED WHAT YOU PAID US FOR THE SERVICES IN THE PREVIOUS MONTH.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ROMANIAN LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE TIMISOARA COURT, ROMANIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and elapseit with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. elapseit’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but elapseit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. elapseit and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Contacting elapseit

If there are any questions regarding this terms of service, you may contact us using the information below.

Elapse IT SRL
Registration and VAT number RO37287552
Str. Coral Nr. 9
Dumbravita, Timis 307160
Romania, European Union
legal@elapseit.com