Terms of Service
ELMA365 WEBSITE TERMS AND CONDITIONS
Last update: 10 January 2022
By accessing or using ELMA365, you agree to be legally bound by Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use ELMA365.
1. GENERAL INFORMATION
1.1 These ELMA365 Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user or a business entity (the “user,” “you,” and “ your”) accessing the business automation software-as-a-service platform available at https://elma365.com, the related software and services (collectively, “ELMA365”) and the owner and operator of ELMA365, namely, ELMA Global a.s. having a registered business address at Panenská 23, Bratislava, 811 03, Slovakia, and the company number 53 261 259 (“we”, “ us”, and “our”). These Terms outline the terms and conditions of your use of ELMA365.
1.2 License to use ELMA365. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use ELMA365 pursuant to these Terms.
1.3 Disclaimer. The information provided on ELMA365 is for general information only. It should not be taken as constituting professional advice from us or any user of ELMA365. You should consider seeking independent professional advice to check how the information that you find on ELMA365 relates to your unique circumstances. Although we regularly monitor the information available on ELMA365, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties. We shall not be liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, on ELMA365.
1.4 Third-party links. ELMA365 may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Minors. ELMA365 is not marketed and intended for use by persons under the age of 18.
1.6 Authorization. If you act on behalf of a business entity in accepting these Terms, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By providing details of a business entity, you confirm that you are an authorized employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorization.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of ELMA365 and should be read and interpreted together with these Terms are:
- (ii) ELMA365 Service Agreement that governs the services provided through ELMA365 (the “ Service Agreement”); and
- (iii) other individual terms and conditions made available by us on ELMA 365.
2. USER ACCOUNT
2.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
- You will comply with these Terms and all applicable local, national and foreign laws, treaties, and regulations in connection with your use of ELMA 365;
- You will provide true, accurate, and up-to-date information, including personal data; and
- You are a human individual (Accounts registered by automated or non-human means are not permitted).
2.3 Security of the Account. You are solely responsible for maintaining the confidentiality of your Account. You agree to immediately notify us about allegedly unauthorised use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using ELMA365. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
2.4 Deletion of the Account. At any time, you may delete your Account through the dashboard of your Account or by contacting us. Upon deletion of the Account, these Terms shall terminate.
2.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of ELMA365 seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
2.6 Commercial communication. If we have your email address, we may, from time to time, send you information about ELMA365 and our services. You will receive our newsletters in the following instances:
- If we receive your express (“opt-in”) consent to receive marketing messages; or
- If you ask us to send you information about ELMA365; or
- If we decide to send you information closely related to services already used by you.
2.7 Opting-out. You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our emails or by contacting us directly.
2.8 Service-related notices. If necessary, we will send you important informational messages, such as confirmation receipts, password recovery, technical emails, and other administrative updates. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.
3. FEES AND PAYMENTS
3.1 The Fees. Your use of certain functionalities of ELMA 365 is subject to the applicable service fees (the “Fees” ). The schedule of the Fees and the terms related thereto are made available on ELMA365, in the Service Agreement, or communicated by us (whichever applicable to you). The Fees are subject to a change with a notice to you (if you hold an active service contract with us) or without a notice to you (if you do not hold an active service contract with us). By concluding a service contract with us (i.e., ordering paid services), you agree to pay the Fees in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment the service contract is concluded; if you conclude a Service Agreement, the Fees terms and conditions will be applicable to you as stated in the Service Agreement. The Fees are payable on a subscription basis. You hereby acknowledge and agree that: (i) you will pay the Fees for each billing cycle; (ii) the Fees are billed at the beginning of each billing cycle as automatic recurring payments; (iii) we will automatically renew the subscription plan based on its renewal cycle and automatically charge your payment method (e.g., credit card), unless you cancel your subscription prior to the expiration of then-current subscription term. If we cannot charge your payment method, your access to the paid services shall automatically terminate. All information about the Fees paid by you, invoices, billing cycles, and payment plans is available through your Account.
3.2 Cancellation of your subscription. Your subscription must be cancelled at least 1 calendar month prior to expiration of the then-current billing period through your Account to avoid automatic renewal and charge. If you cancel your subscription plan later, the cancellation will not be guaranteed. Your inactivity on ELMA365 does not substitute your request for the cancellation of your subscription plan.
3.3 Taxes.Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and other duties.
3.4 Payment processing. Unless specifies otherwise in the Service Agreement, all payments related to ELMA365 are processed by our payment processors PayPal and Stripe. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.
3.5 Refunds and chargebacks. We do not issue refunds for any Fees paid, unless we are required by law to do so. Your access to paid services will be terminated immediately upon receipt of a chargeback request.
4. USERS’ TRANSACTIONS
4.1 If you complete any transaction with other entities or individual through ELMA365 (the “Transaction”), your Transaction is a contractual relationship between you and the party with whom the Transaction is completed (collectively, the “Parties”). You acknowledge and agree that we are not a party to the Transaction and the Transaction does not create employment, partnership, joint venture, or other service relationships between you and us. You agree to indemnify us against any fault, fraud, claim that may arise out of the Transaction. By using ELMA365, you accept full responsibility for the Transaction and indemnify us against any dispute that may arise between the Parties.
4.2 Disputes between the Parties. We are not a party to the Transactions; we do not participate in the resolution of any disputes between the Parties. We are not responsible for any disputes that arise between the Parties, nor are we obliged to receive or process complaints against any user, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
4.3 Confidentiality. The users agree to keep in confidentiality and protect all information, including, without limitation, communication data and digital files, exchanged through ELMA365. We may, but have no obligation to, monitor the information exchanged through ELMA 365.
5. PERMITTED USE
5.1 ELMA365 is available worldwide. It is your responsibility to assess whether your use of ELMA365 is in compliance with local laws and regulations.
5.2 You are not permitted to use ELMA365 in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Intellectual property (e.g., copyright or trademark) infringement;
- Any unauthorized access to geographically blocked content;
- Any unauthorized access to machines, programs, data, or committing any other forms of cyber offences;
- Promotion or encouragement of terrorist activities of any sort;
- Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;
- Provision of false, inaccurate, or misleading information;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Disseminating information about the acts that may result in injuries and physical harm;
- Posting of content that depicts or incites others to commit acts of violence;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening ELMA365;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Using or authorising third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);
- Interfering with or abusing other users of ELMA365;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of ELMA365.
5.3 Breach of the Terms. If we believe, at our sole discretion, that your use of ELMA365 violates these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send you a formal warning;
- Temporarily or permanently prohibit your Account or use of ELMA365;
- Report you to public authorities;
- Commence a legal action against you.
6. USER-GENERATED CONTENT
6.1 When you use ELMA365, you may upload and submit various content, including, without limitation, text, photos, videos, content, graphic content, links, messages, and files (collectively, the “ User-Generated Content”). Please note that some of the User-generated Content may become available to other users of ELMA365 and the general public on the Internet (e.g., your reviews). Therefore, we request you to (i) exercise your due diligence when uploading the User-Generated Content onto ELMA365, (ii) not to make any sensitive information publicly available to other users of ELMA365, and (iii) make sure that, by uploading the User-generated Content onto ELMA365, you comply with these Terms.
6.2 The availability to post the User-Generated Content may be limited. We reserve the right to change, invoke, or introduce new limitations at any time, at our sole discretion.
6.3 By uploading the User-Generated Content onto ELMA365, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use the User-Generated Content for the purposes of operating ELMA 365, providing you with the requested services, and carrying out our legitimate business interests.
6.4 You agree not to submit the User-Generated Content that violates these Terms or any applicable laws, including intellectual property rights of others, and you agree to pay all royalties, fees, and any other monies applicable to the User-Generated Content.
6.5 You understand and agree that, in order to ensure the security of ELMA 365, we may, but have no obligation to, monitor the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of ELMA365. However, you remain solely responsible for the User-Generated Content.
6.6 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through the User-Generated Content.
6.7 The User-generated Content includes your personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
6.8 The User-Generated Content is stored in the cloud storage owned and operated by third parties. We do not intentionally access the User-Generated Content, unless we have reasonable grounds to believe that your use of ELMA365 seriously breached these Terms. We take no responsibility if the User-Generated Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of the User-Generated Content at all times.
6.9 We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm our reputation. The User-Generated Content includes your personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
7. INTELLECTUAL PROPERTY
7.1 Our Content. Most of the content available on ELMA365, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on ELMA365.
7.2 ELMA365 brand. You may not use the brand, the word or figurative trademarks associated with ELMA365, us, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
7.3 Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on ELMA365 may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.
7.4 Copyright infringement claims. If you have any grounds to believe that any content available on ELMA365 violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
8. AVAILABILITY AND FORCE MAJEURE
We put reasonable efforts to ensure that ELMA365 is always accessible to you. However, the avail-ability of ELMA365 may be affected by factors, which we cannot control, such as bandwidth prob-lems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturb-ances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of ELMA365 caused by such factors.
9. DISCLAIMER OF WARRANTIES
9.1 We provide ELMA365 on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of ELMA365, third-party content, or other content featured on or accessed by using ELMA365, whether provider by us or by third parties, and hereby disclaim all warranties regarding ELMA365 and its operation.
9.2 It is your sole responsibility to verify and assess the fit for the purpose of ELMA365 prior to using it and to decide whether or not ELMA365 fits for the intended use.
9.3 By using ELMA365, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. You cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
9.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
10. LIMITATION OF LIABILITY
10.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of ELMA365, any content made available through ELMA365, whether provided by us or by third parties, any transactions concluded through ELMA365, or use of ELMA365 for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
10.2 This Section 10 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, direc-tors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and em-ployees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of ELMA365, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforcea-ble, such a provision shall nonetheless be enforceable to the fullest extent permitted by the appli-cable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
13. GOVERNING LAW AND DISPUTES
13.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Slovakia, without regard to its conflicts of law provisions.
13.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Bratislava, Slovakia.
13.4 This Section 13 does not affect any statutory rights that you may be entitled to as a consumer.
14.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
14.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on ELMA 365. If we have your contact details, we will send you a notification about the amendments. Such amendments may be necessary due to new features of ELMA365, changes in the requirements of laws, regulations, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of ELMA365 after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through ELMA365, availability of ELMA365, equipment needed for access or use, materials available on ELMA365, and any other features of ELMA365 at any time, at our sole discretion.
14.3 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use ELMA 365.
14.4 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
14.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of ELMA365.
If you have any questions about these Terms, please contact us by using the following contact de-tails:
Our email address: email@example.com
Postal address: ELMA Global a.s., Panenská 23, Bratislava, 811 03, Slovakia