Terms of Service
These ELMA365 Product Terms of Service describe your rights and responsibilities as a consumer of our Product! The Terms of Service are between you and the ELMA entity (“ELMA”, “we” or “us”). “You” means you as an individual or the entity that you represent in accepting these Terms.
Caution! Before you start using the product, carefully read the terms.These Terms do not have to be signed, and are effective immediately upon you start using or accessing the software, whichever comes earlier. If you do not agree to these Terms, do not access or use the Program.
1.1. ELMA Entity means ELMA LLC, 50, Rue de la Gare, L-6440, Echternach, Luxembourg.
1.2. Customer means an individual or legal entity that has the right to use the Product in accordance with the present Terms.
1.3. Program (System, Software, Product) means the ELMA365 commercially available software product including any client software we provide as part of the Program (e.g. a desktop or mobile application).
1.4. Program Usage means the usage of the program’s capabilities according to the user documentation (technical documentation) and the Terms.
1.5. Trial version (Trial, Free version) means a limited in time and functionality period for trying the Product
1.6. End User means an individual that you registered in the program who has sign in at least once.
1.7. Account (Instance) means all your data located on a separate domain, showed and used in the Program.
1.8. Technical support means support for the Program that we provide, including consulting the Customer’s representatives regarding the use of the Program.
1.9. Apps (ELMA365 Apps) mean solutions/sets of solutions developed by us and offered to the Customer for usage. Apps may be grouped in Workspaces.
1.10. Registration means creating a Company Account for using the Program.
1.11. User account means login and password or a special API key for identifying an authenticating an End User in the Program.
1.12. Subscription Plan means a subscription plan that you choose according to the description and price published on our website: https://elma365.com/en/prices/
1.13. API (Application Programming Interface) means an interface for interaction of the Program with external applications by means of methods that we publish.
2. WHAT THESE TERMS COVER
2.1. We provide you (including your End Users) with the right to use the Program by providing access to the server through Internet, and you take the obligation to pay a corresponding fee.
2.2. The license granted to the Licensee under this Agreement is simple (non-exclusive). The Licensee must not give their licenses to the third parties.
2.3. The Terms are effective immediately upon you accepting them but not later than you starting to use the Program, and remain effective throughout the period of subscription.
3.1. The Licensor declares that the Program is the result of the Licensor's intellectual activity and is protected by copyright laws.
3.2. You will not reproduce, modify, sell, sublicense, reverse engineer the Program or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Software, except to the extent expressly permitted by applicable law (and then only upon advance notice to us).
3.3. The Licensor guarantees that he is the legal owner of the Program and has all the necessary rights to provide the Program to the Licensee under the terms of this Agreement.
3.4. Responsibility for violation of the exclusive and copyright of the Licensor comes in accordance with the current legislation of the Russian Federation.
3.5. The Program does not use any elements that violate the rights of third parties.
4. PROGRAM USAGE AND PAYMENT
4.1. We provide you with access to the Program by creating a User Account with a login and password on the website https://elma365.com/en/.
4.2. From the moment of registration, you can use the Program during 14 (fourteen) calendar days free of charge.
4.3. To continue using the Program after the 14 days specified in section 4.2. of the Terms, you are subject to a fee according to the subscription plan that you choose on the Pricing page of our website https://elma365.com/en/prices/ .
4.4. You can pay the subscription fee online using your credit card in the Administration section of the Program, or you can pay the fee by placing an Order. Confirmation of the fulfillment of the scope of the Licensor's services is the provision of access to the Program according to the selected and paid type of license.
4.5. By paying the invoice you confirm that you accept all the terms of the agreement.
4.6. You must at all times comply with these Terms and the law as far as data compliance is concerned. You agree that your data and its use will not violate any laws or third-party rights and data policies. We assume no liability for your data.
4.7. We assume no responsibility for the internet services that you use to access the Program.
5. CEDING A RIGHT
5.1. You have the right, except as otherwise provided by these Terms, to cede your rights and responsibilities hereof to another authorized user one single time, after receiving our written concent. If you have received your rights and responsibilities as a result of another user ceding their rights and responsibilities to you, you are not permitted to cede your rights and responsibilities hereof.
5.2. You can cede your rights and responsibilities hereof only if the new Customer completely agrees to these Terms and the Agreement.
5.3. You agree to provide us with full information about the new Customer in order for us to register the Program in their name.
5.4. Ceding rights and responsibilities hereof cannot be done through a third party.
6. TYPES OF LICENSES
6.1. You may choose a type of the license that you want to purchase on our website right here: https://elma365.com/en/prices/
6.2. You may use the Program free of charge during the trial period, specified at the moment that you register.
6.3. Throughout the license period you may change your license for another type of license. To do that, you have to purchase the new subscription, and its total period will include the paid but not used period of the previous license, with account for the price of the new license.
6.4. The license’s start date is the date that you register in the Program (create a Company Account).
6.5. If upon license expiration you do not renew the license or purchase any other license from section 6.1 during 15 (fifteen) calendar days, we have the right to limit your usage of the Program.
6.6. We reserve the right to change the license types at discretion by publishing the new license on our website https://elma365.com/en/prices/ not later than 14 (fourteen) days prior to the day they become effective.
6.7. You can use they Program free of charge for 14 (fourteen) days from the date of your registration. After that, we will block your access to the Program if you do not purchase a subscription.
7. PROGRAM USAGE
7.1.1. When you register, we create your unique Company Account and User Account. To add End Users, you can create User Accounts for them directly in the Program. The total number of permitted End Users depends on your type of license.
7.1.2. You agree to provide accurate information in the registration form. If we have reason to believe that the provided information is incorrect, we may block your access or delete your accounts and forbid the use of the Program.
7.2. End User login and password.
7.2.1. During registration you can choose the login and password for your User Account. We reserve the right to forbid the use of certain logins and to determine the length of the password and permitted symbols.
7.2.2. Your End Users must keep their login details and passwords confidential. You are responsible for any and all actions taken with your End User accounts and passwords, except for those that happened after you notified us of any unauthorized access or loss of password confidentiality. You are obliged to notify us immediately of any unauthorized access, breach of password confidentiality. For security reasons, you agree to sign out of the program each time you finish work. We cannot be held responsible for any data loss or other loss as the result of you not complying with the Terms.
7.3. We have the right to lock or delete your User Account, including the content, without giving any reason, if you breach these Terms. From that moment you will not have access to the program with your User Account, and will not be able to restore the User Account.
7.4. Limiting access to API. There cannot be more than 1 request sent to API per second for all the methods in total. In case of suspicious activity via API we can block API access for your Company Account.
8. USE RESTRICTIONS
8.1. You and / or other Authorized Users are not entitled to take actions that may result in: a) disruption of the operation of the equipment and network of the Licensor; b) disruption of the Program or limiting the ability of other users to use the Program; c) unauthorized access to the Program, as well as information, computing and network resources of the Licensor; d) causing or threat of causing damage to third parties, including by posting information and links to network resources, the content of which contradicts the current legislation of the Russian Federation.
8.2. You have no rights to modify the Program.
8.3. You agree to use Internet access equipment that complies with the Program’s requirements.
8.4. You confirm that they have the right to use the additional data, software and services required to use the Program, and that their usage does not violate the rights of third parties.
8.5.You are not entitled to use the Program in any other way other than those specified in this Agreement, as well as copy, sell and resell it or access to it, unless the User has received such permission from us.
9. TECHNICAL SUPPORT
9.1. We provide you with technical support services concerning the Program’s functionality, operation with standard configurations of the supported OS, mailing services or other services specified in the Program’s documentation.
9.2. You may request our technical support without additional fees. In case we need to perform works in your accounts, it shall be governed by an additional service agreement.
9.3. In order to provide technical support services, we may require that you provide us with information about your User Account, technical characteristics of your equipments and other necessary information.
10. WARRANTY AND DISCLAIMER
10.1. The Program, support, and additional services are provided AS IS, and we do not warrant that your use of the Program will be error-free or that its features will fully meet your expectations and serve your purpose.
10.2. We are not responsible for any information that you introduce into the Program during its usage, not are we responsible or liable for how you use the said information, and we cannot be held accountable for such use of information that violates the rights of third parties protected by law or international agreements.
10.3. We will have no liability arising out of or related to these Terms for lost or inaccurate data, lost profits, security failure, interruption of your business, any incidental damages related to the use of the Program, even if we were informed of the possibility of such failures and damages in advance.
10.4 If errors appear during the Program operation, we will take actions to correct them as soon as possible. You agree that it is impossible to specify an exact period required for correcting an error because the Program may be dependent on programs of third party developers, operation systems and your hardware equipment. The time and amount of work required to correct an error do not solely depend on us.
10.5. if you commit actions that are prohibited by the provisions of this Agreement, we have the right to take measures to identify and prevent these violations without prior notification.
11. PROCESSING OF PERSONAL INFORMATION
11.1. By agreeing to these Terms, you consent to collection of your personal information including your name, e-mail address, telephone number, date of birth, address, company that you work for and your position in the company, and processing of such information by us.
11.2. We will protect your personal information from being illegally or accidentally accessed but cannot guarantee its absolute security.
11.4. Your concent is valid during the entire period that you are using the Program. You understand and agree that by withdrawing such consent you will not be able to use some or all of the Program’s services.
11.5. To withdraw your consent for data collection and processing, please write to the tech support chat in your User Account or send us a message to email@example.com.
11.6. You accept and agree to receive promotional messages from us to the email address that you entered for registration.
12. TERM AND TERMINATION
12.1. We may modify the terms and conditions of these Terms, of which we will notify you by posting the new Terms on our website https://elma.io/en/la/.
12.2. It is your responsibility to check the Terms for modifications.
12.3. The Terms are effective immediately upon you accepting them but not later than you starting to use the Program, and have no expiration date. The Terms can be terminated earlier: (1) in thirty days from the moment we receive your written notice of termination for any reason; (2) in thirty days from the moment you receive our written notice of termination for the reason of you having violated one or several provisions of the Terms.(3) If you do not use the Program during 3 (three) months, we can delete your Company Account permanently, and these Terms will be terminated.
12.5. We may terminate these Terms if you fail to comply to them.
12.6. Upon termination of these Terms, you and your End Users must cease using the Program.
12.7. If a court of competent jurisdiction holds to be void or invalid, any provision of these Terms, all the other provisions will continue in full force.
13. ADDITIONAL PROVISIONS
13.1. You are not allowed to use the Program to send bulk electronic messages of a commercial, advertising or other nature not agreed (not requested) by the recipient of the information by email or to teleconference groups (“spam”). It is not considered “spam” to send information with the consent of the recipient, if it is possible to unsubscribe.
13.2. You should use of the Program only for lawful purposes and in legal ways, taking into account the current legislation.
13.3 You acknowledge that you are held liable the content of the Account (copy of the Program), created and maintained by you. We do not control over the content of information posted and / or distributed by you, however, when such information is contrary to the law, we have the right to block or delete the corresponding Account and data without warning.
14. OUR CONTACT INFORMATION
With any questions regarding the Terms please write to firstname.lastname@example.org.
50, Rue de la Gare, L-6440, Echternach, Luxembourg