Elest.io is a website owned by APPDRAG LIMITED, a company based in Ireland with its registered office at 66 Fitzwilliam Square, Dublin 2 D02 AT27, Company Registration Number 576395.
We provide our users with access to certain tools that allow them to deploy and manage Open source software (hereinafter, the “Services”) through the website Elest.io. You can find a complete and detailed description of each one of these Services in our website. https://Elest.io
Elest.io's contents and Services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements).
Please read through these Terms prior to using this website. By using this website, or purchasing Services through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, please do not use this website.
Please be aware that these Terms may be amended from time to time. It is your responsibility to regularly read through them, as the Terms set at the time that you use the website, or at the time of the formation of the Contract (as defined below), shall be the applicable ones. The most recent version of the Terms will always be available on this website. We are not required to notify you of any updates made to the Terms. We, therefore, encourage all users to read this agreement in detail. Potential changes are effective at the time the Terms are updated.
The following definitions will be applicable to these Terms, together with any documents herein mentioned:
a) ”You” refers to you, the user of the Elest.io website, its contents, and Services. “Your” shall be interpreted accordingly.
b) “We”, “Us”, and “Elestio” refers to Elestio Limited. “Our” and “Elestio’s” shall be interpreted accordingly.
c) “Our Website” refers to the website “Elest.io”. However, “User App” refers to websites and mobile applications of Our Users, hence created using the Elestio system.
2. Purchase of Services
2.1. Trial Version
Elestio allows the User to try some of the Services, absolutely free of charge, during thirty (30) days ("Trial Period"). Only Services and features clearly indicated as "free", "trial", or "no charge" are free or without charge. It is not the responsibility of Elestio to provide You free support of use and operation of the Services during the Trial Period.
If You registered for a trial use of the Services, You must decide to purchase the Services within the Trial Period in order to retain any content that You have posted or uploaded during the Trial Period. If You do not purchase the Services by the end of the Trial Period, Elestio will use its reasonable endeavors to preserve all the information contained in Your user account during the next sixty (60) days from the expiration date of the Trial Period (“Suspension Period”). If within such Suspension Period You do not purchase any of Elestio’s Services, You will no longer have access to Your user account, and all information contained therein will be deleted by Elestio. In other words, please be aware that after using the Services during the Trial Period, if You decide not to purchase the full version of the Services once the Trial and Suspension Periods end, You will not be able to access or retrieve any of the data You added/created during the Trial Period.
Notwithstanding Clauses 11, 12, and 13 concerning liability, indemnities, and warranties, which are applicable to all the Services, the Trial Version explicitly excludes any kind of liability of Elestio. Elestio does not undertake any commitment about the content of the Trial Version, its specific functions, its reliability, availability, or ability to meet Your needs. We provide the Services “as is”, and We disregard any warranty in relation to it. Likewise, Elestio will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages directly or indirectly produced due to the use of the Elestio Trial Version.
2.2. Paid Services and Prices
All other applications, features, functionality, and support provided by Elestio are provided for the fees described as each Service on Our Website (“Fees”), and You are liable for such Fees. To review Our price table, visit http://www.Elest.io/pricing.html. The values are set in US Dollars and exclude VAT which may be applicable. If You wish to receive or use such paid Services, You are required to pay all applicable Fees in advance.
All Fees posted on Our Website exclude all taxes (including value added tax, sales tax, goods and services tax, etc.), levies, or duties imposed by taxing authorities (“Taxes”).
If Elestio is obligated to collect or pay any Taxes for the Fees payable by You, such Taxes will be added to the payment of the outstanding Fees, and will be reflected in the Invoice for such a transaction.
For example, Elestio is required to collect Value Added Tax of the European Union (“EU VAT”) from certain EU customers. Therefore, EU VAT shall be charged to these customers, on top of Our Fees associated with the Services.
You shall be responsible for the payment of all applicable Taxes relating to Your use of the Services, or to any payments or purchases made by you.
3. Contract and Contract Revocation
A binding contract is initiated between You and Elestio at the time You order a Service, and it will be upheld once the payment is successfully completed. “Successfully completed” is defined as full amount paid, and an invoice is available in Your Elestio account.
You can opt to upgrade Your service agreement to any other contract agreement that Elestio currently offers, at any time during Your contract term. In the event of a contract upgrade, the price for the purchase of the new product will be decreased in the amount previously paid for the Services in proportion to the remainder of Your original contract term.
3.2. Duration of the Contract
You may agree to a one (1) month or a one (1) year contract agreement with Elestio.
At the end of the contract term, Your contract will be automatically renewed for an additional contract term until explicitly cancelled by you. Cancellation must be issued through Elest.io, going into the specific project that You intend to cancel. Please note that as the cancellation process may take some time, in order to avoid the next automatic renewal and respective charge, the cancellation request should be issued at least one (1) day prior to the expiration of the end of the contract term.
If You cancel the automatic renewal, Elestio will preserve all the information contained in Your user account during the next sixty (60) days from the date of cancellation (Suspension Period). If within such period You do not purchase Elestio’s Services once again, You will no longer have access to Your user account, and all information contained therein will be deleted by Elestio.
3.3. Cancellation and Termination
Cancellation of any Service can be requested at any time through Elest.io, by going into Your specific project, as long as You do not intend to obtain the refund of paid Fees.
If You cancel the Service before the expiration of the term of your subscription, You can choose from the following options: (i) to keep Your User Apps online until the end of the contract term; or (ii) to disable or delete Your User Apps at the moment of the cancellation. In both cases, the Suspension Period (as defined in 2.1) will be applicable, and it will commence at the time the User Apps are not available online anymore. After the Suspension Period, if You do not purchase any other Elestio Services, You will no longer have access to Your user account, and all information contained therein may be deleted by Elestio. Elestio accepts no liability for such deleted information or content.
As explained in Clause 10 below, Elestio may interrupt/terminate the Services under certain conditions. You agree that any termination of Your access to the Service under any provision of these Terms may be affected without prior notice. You acknowledge and agree that Elestio may immediately deactivate or delete Your User Website, as applicable, and all related information and files. In such a case, the Suspension Period may not be applicable. Elestio reserves the right to ban any further access to such files or the Service. You agree that Elestio shall not be liable to You, or any third-party, for any termination of Your access to the Service.
4. Domain Names
4.1. Domain Name Registration and Ownership
If You acquire a domain name through Elest.io You become the lawful owner of it. However, if You decide not to renew said domain, Elestio is not responsible for any problems or issues that may occur as a result of, or after, the domain's expiration. Please be aware, as well, that if You do not renew the domain, You may lose the domain name to another Internet user.
4.2. Domain Renewal
The renewal of the domain name may be requested at any time, until ten (10) days prior to the expiration date stated in Our Website. The expiration date refers to the day that Your domain will become invalid, hence will cease to function. Domain renewal is considered paid when the payment date precedes the expiration date. The payment date is set when the payment method provider confirms the successful arrival of the payment. If payment of a domain renewal is not timely, the domain falls into quarantine. It is possible to redeem the domain from the quarantine, but an administrative fee will be charged.
4.3. Cancellation of Registration
The domains are the property of whoever acquired them from the moment of completion of the purchase and for the full period of the purchase; hence it cannot be revoked, and reimbursement is, therefore, unfeasible.
5. Payments/Fees and Refunds
5.1. Method of Payment
Payments will be processed through Stripe, Our third-party payment service provider. The payment services are governed solely by the third-party provider’s terms of service and Privacy Statement that You can find at stripe.com. We are not responsible for the actions of the third-party service provider. If You purchase any Services, You agree to Elestio or Our third-party service provider storing Your payment card information. You expressly agree that We are authorized to charge You (i) a monthly or yearly fee for any applicable Services, billed on a monthly or yearly basis, (ii) any other Fees for Services You may have purchased (including, but not limited to, the purchase of domain names), and (iii) any applicable Taxes in connection with Your use of the Services to the payment card You provide, and to reimburse Us for all collection costs and interest for any overdue amounts. If the payment card You provide expires and You do not provide new payment-card information, or cancel Your account, You authorize Us to continue billing You, and You agree to remain responsible for any uncollected Fees. You are responsible to fill in Your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. Elestio is not responsible for uncompleted requests due to wrong or insufficient information.
Elestio will issue an invoice for any payment of Fees (“Invoice”). Each Invoice will be issued in electronic form and will be made available to You via Your user account and/or by email. For the purpose of issuing the Invoice, You may be required to supply certain Personal Information (as such term is defined in the Privacy Statement) in order to comply with local laws. Please note that the Invoice presented in Your user account may be inadequate with Your local law requirements and, in such case, may be used for pro forma purposes only.
5.3. Recurrent Payment
The frequency of payment can be monthly or yearly, depending on the type of payment that You selected. For each renewal, the amount is charged one (1) day prior to the expiration date of the package. Renewal of domain names will be charged ten (10) days prior to the expiration date of the specific domain name. As stated in Clause 4.2, the automatic renewal can be cancelled at any time through Elest.io.
5.4. Payment Date and Activation Date
The payment date is set upon confirmation of successful reception of the amount in question by the third-party payment-service provider. On the payment date, the Services will be activated.
5.5. Requests for Refund
As the Users are able to try the Services for free during the Trial Period, Elestio will not refund any purchase, including the automatic renewal of Services carried out by recurrent payment. Likewise, it is not possible to refund already-registered domain names.
If a third party decides to block any User App due to questionable content, requesting for a refund will not be possible. In such a case, Elestio is not responsible for the potential financial loss of the User.
5.6. Credit/Debit card refunds (“Chargeback”)
If, at any time, You contact Your bank or credit/debit card company and decline, request refund, or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of Your payment obligations hereunder, and Your use of the Elestio Services may be automatically terminated.
In the event of a Chargeback related to the payment of Your subscription to Our Services, Your user account may be blocked without the option to be repurchased or reused. The User Apps may be disabled, and the data contained therein may be immediately deleted.
In the event of a Chargeback related to payment for purchase or renewal of a domain name, Elestio will become the owner of said domain name.
If You have any questions or concerns regarding a payment, We encourage You to first contact Our customer support team before filing a Chargeback or reversal of payment, in order to prevent the Services from being cancelled, for Your user account to be blocked and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in Your being liable for its applicable fees.
We reserve Our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did, in fact, authorize the transaction, and make use of the services rendered thereafter.
6. Use of the Services
6.1. Content of User Apps
You are legally and contractually responsible for all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials uploaded, posted, or stored in connection with Your use of the Services. Elestio is not responsible for such content. You hereby grant Elestio a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide You with the Services, and hereby represent and warrant that You have all the rights necessary to grant Us such license. You are responsible for any content that may be lost or unrecoverable through Your use of the Services. You are encouraged to archive Your content regularly and frequently.
6.2. Acceptable Usage
“Acceptable Usage” of Elestio’s Website, its contents, and Services is defined as any usage that does not contravene the prohibitions set forth in the paragraphs "a to "g" below. Activities that go against, or are otherwise forbidden by, these paragraphs are therefore in violation of these Terms, and make You liable to disciplinary action and legal prosecution. For more information, please refer to Clause 9.
a) You will not post on, nor distribute through, the User App any material that is of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others, (including but not limited to intellectual property rights, confidentiality rights, and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience to Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist, or otherwise offensive.
b) You will not post, nor otherwise make available, on User App any material which You do not own, without the express consent of the lawful owner of the material in question.
c) You will not engage in any behavior or action that may affect the operability or the security of Elestio or User App, nor will You cause unreasonable inconvenience or disruption to Our staff.
d) You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.
e) You will not promote Your User App by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
f) You will not use robot software (nor any other software that is not Elestio) to create new User Apps nor to access nor modify User Apps.
g) You will not use workarounds of any kind to overcome package limitations or limitations of any Elestio service or feature.
6.3. Selling Through User Apps
Some of Our Services may offer You the opportunity to sell or purchase goods and services through Elestio’s Sites (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through third-party payment service providers. Buyers of Commercial Products will be provided with a notice when entering their payment information directing them to the third party payment service provider’s terms of service and Privacy Statement. These payment services are governed solely by the third-party provider’s terms of service and Privacy Statement. We are not responsible for the actions of these third-party service providers. In addition to the other rules and requirements described in these Terms, You must follow the rules listed below when offering, selling, or purchasing Commercial Products.
a) You may not offer or sell illegal or potentially illegal Commercial Products, including those counterfeit, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws.
b) You may not offer or sell Commercial Products that infringe, or have the potential to infringe, the intellectual property rights or proprietary rights of another.
c) You may not offer or sell any Commercial Products that we, in Our discretion, determine inappropriate, offensive, pornographic, sexually explicit, or violent.
d) You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in Our sole discretion, whether Commercial Products constitute as “weapons” for purposes of these Terms.
e) You may not offer or sell any Commercial Products that infringe upon, or have the potential to infringe upon, an individual’s privacy, or that may be libelous, slanderous, or otherwise defamatory.
f) You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products, without first obtaining that third party’s permission. We may immediately remove content related to the offer or sale of Commercial Products in violation of these Terms, and, in such case, Elestio will not be liable for any damages or loss of profit incurred by You. Elestio shall not be liable for any taxes or other fees to be paid in accordance with, or related to, the Commercial Products. When purchasing or selling Commercial Products, it is Your responsibility to determine whether or not sales taxes apply to a transaction, and to collect, report, and remit the correct amounts to the appropriate authority. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products.
7.1. Permitted Use
Your use of the Newsletters Service must comply with all applicable
domestic and international laws. This includes the laws
applicable to You, to Elestio, and all recipients to whom you intend
to send emails (each, a “Recipient”). Applicable laws include
laws relating to spam or unsolicited commercial email (hereinafter
“Spam” or “UCE”), privacy, security, obscenity, defamation,
intellectual property, pornography, terrorism, homeland security,
gambling, child protection, and other applicable laws. It is
your responsibility to know and understand the laws applicable to your
use of the Newsletters Service and emails generated and sent
You agree to use the Newsletters Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make, and for all user assistance, warranty, and support of your products and services.
7.2. Prohibited Use
The following practices violate these Terms when generating or sending
email or messages through the Newsletters Service.
So You shall not:
b) Use the Newsletters Service to send Spam. An email is Spam if: (a) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; (b) the recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent; and (c) the transmission and reception of the message appears to give a disproportionate benefit to the sender. Spam is an issue of consent, not content. A recipient should “affirmatively opt-in,” or expressly consent to receiving the message, either in response to a clear and conspicuous request, or at the recipient’s own initiative. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails. All emails and messages sent by means of the Newsletters Service must comply with our Anti-Spam Policy, as outlined below.
i) Elestio has a no-tolerance Spam policy and does not knowingly do business with any user or company that participates in sending Spam/UCE. We do not sell or exchange personal information from our opt-in lists.
ii) Use the Newsletters Service to request, collect, or send any non-public or personally identifiable information about another user, or any other person, without their express prior-written consent, illegal information, or any other information you do not have the right to request, collect, or distribute.
iii) Use the Newsletters Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that Elestio deems inappropriate.
iv) Transmit any message, information, data, text, software, image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable, which may violate another’s right of privacy or publicity.
v) Send through the Newsletters Service any unethical, false, or misleading advertising, promotions, or sales efforts and practices.
vi) Post or transmit any material that contains a virus or corrupted data.
vii) Use purchased or rented email lists.
viii) Use third party email addresses, domain names, or mail servers without proper permission.
ix) Send emails to non-specific addresses or distribution lists, newsgroups, publicly available press, media addresses, or purchased email addresses.
x) Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE).
xi) Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list.
xii) Disable or fail to comply with any request from a recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the recipient to give you any personally identifiable information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request.
xiii) Disguise the origin or subject matter of any email, or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email.
xiv) Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives), or other material in any email that encourages a Recipient to forward the email to another recipient.
xv) Fail to comply with export and import regulations.
7.3. Exclusion of Liability
You are solely responsible for your products and services, and any other promotion and content contained in, or referred to in, your emails sent through the Newsletters Service. It is your responsibility to ensure that the Content you put in your emails does not violate these guidelines. Elestio has no obligation to do so but may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Newsletters Service that may be in violation of the foregoing or of the Terms. In no case will the foregoing make us responsible or liable to You or for compliance with any such laws or obligations, for which you remain solely responsible and liable.
8. Client Apps
You are allowed to use Elestio’s Services to create websites and mobile applications (“Client Apps”) for third parties (Your “Clients”). In particular, Elestio's Business Plans are designed for freelancers, web agencies, corporations, etc. to create multiple websites for them or for their Clients.
If you use Elestio’s Services to create Client Apps, your use of the Service shall be subject to these additional terms:
a) Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means in which You choose to perform and charge fees for Your services are in Your sole discretion and control. However, you agree to perform these services in a professional manner, consistent with industry practice, and in accordance with these Terms. Services rendered by You through Client Apps shall not damage the good reputation of Elestio.
b) You accept full responsibility for all Client Apps under your account, and for each Client Apps’ adherence to these Terms.
c) While subscribed to the Business Plans we intend to allow you to resell the service under a white label, this white label is in no way guaranteed, and we will in no way be held responsible for any failure to maintain it.
d) In the event your Client contacts us, we will direct them to you. Should you fail to support your Client, and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
e) You understand and agree that You are responsible to Elestio for payment or every Client App under your account. If, at any time, your billing obligations are not met, we will have the right to disable all Client Apps until such billing obligations are met. In the event of Us disabling Your Client Apps due to a breach of payment obligations, You will be the sole responsible for any damage caused to Your Client.
9. Intellectual Property
All copyright materials, trademarks, and other intellectual property, rights, materials, or contents supplied as part of User App shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us. Moreover, You are only allowed to use such material in the manner described in the Terms, and no other. You will not copy, reproduce, distribute, commercially exploit, nor, in any form, benefit/profit from such materials or contents. Nor will You assist/facilitate any third party in actions such as the ones mentioned above. Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
Elestio does not claim ownership of your content, but You give Us your permission to host Your content in order to provide the Services. This permission exists only for as long as You continue to use the Services.
10.1. Privacy Statement
We encourage You to read the Privacy Statement. Please note that certain information, statements, data, and content (such as photographs) which You post to the User App are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information. You acknowledge and agree that Your submission of such information is voluntary on Your part. Furthermore, You acknowledge, consent, and agree that We may access, preserve, and disclose Your information if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in Our opinion. Disclosures of user information to third parties are further addressed in the Privacy Statement.
In order to use Our services and products, You must be a validly-registered Elestio user. To register, You must provide a valid email address, a password, and other personal information (“User Information”).
You, solely, are responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential, and not shared with anyone. In case of unauthorized use of Your password and/or account, immediately notify Elestio in writing from the email address associated with your registration.
We strongly recommend the permanent update of all User Information, since this data is used in customer-care services.
The owner of a user account may be considered as the person or entity with access to the email address listed in Elestio’s records for said user account. If any paid Services were procured via the user account, the owner of said user account may be considered as the person or entity whose billing details were used to purchase said paid Services.
10.3. Data Processing
You may be asked to enter on Our website information about Yourself. However, We will not use that information in any other manner than the one expressed where the request was made. Furthermore, all User Information collected is processed in the manner, and with the limitations, stated in Our Privacy Statement.
We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.
Elestio infrastructure is hosted on Amazon AWS in Dublin, Ireland.
11. Violation of Our Terms
Failure to comply with the conditions stated on Clause 6 and/or participation in activities that go against, or are otherwise forbidden by, these Terms make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including, but not being limited to, interruption of all Services) falls under the discretion of Elestio. Please report infractions of these Terms or of Your local laws.
12. Interruption/Termination of Services
Should You breach, or We have reasonable grounds to believe that You are likely to breach, Our Terms and Conditions, We reserve the right to immediately terminate or indefinitely suspend Our services to You. We will, as well, terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.
In such a case, you will not be entitled to any compensation or reimbursement from Elestio.
We are not responsible for damages to users, or to third parties, or to their hardware, that occur directly, indirectly, or accidentally, as a result of, or in connection to, the use of Our Services.
We are not liable for damages to users or to third parties as a result of the inability to use Our Services, and/or Website, nor in direct or indirect connection with this fact. Therefore, Your use of the Services is done at Your own discretion and risk, and You are solely responsible for any damage to Your computer system or other device, or loss of data, that results from the use of any such materials.
You expressly admit to understanding and agreeing that Your use of Our Website and Our Services is done “as is” and “as available”. You further acknowledge and agree that We are not responsible for the availability and/or functionality of any third-party’s website and/or material You may access through Our Website.
We do not endorse and shall not be held responsible nor liable for any content, advertising, product, or service on, or available through, third-party websites.
Any transactions between You and any third party found on or via the User App, including payment for, and delivery of, products, services, and any other terms, conditions, warranties, or representations associated with such dealings, are made between You and the entity in question. We are, therefore, neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
13.2. Exclusion of Warranty
Elestio does not represent nor warrant to You that:
a) Your use of the Services will meet Your requirements.
b) Your use of the Services will be uninterrupted, timely, secure, or free from error, or viruses.
c) Any information obtained by You as a result of Your use of the services will be accurate or reliable.
d) Defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
No advice or information, whether verbal or written, obtained by You from Elestio, through or from Our services shall create any warranty not expressly stated in the Terms.
Elestio further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of Liability
Subject to overall provision in the disclaimer above (Clause 13), You expressly admit to understanding and agreeing that Elestio shall not be liable to You for the events set forth on Clauses 14.1 to 14.3 below.
Any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by You, however caused, and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by You, including, but not limited to, loss or damage as a result of:
a) Any changes which Elestio may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services).
b) Deletion of, corruption of, or failure to store any content and other communications, data maintained or transmitted by or through Your use of the Services.
c) Your failure to provide Elestio with accurate account information.
d) Your failure to keep Your password or account details secure and confidential.
f) Hosting issues that, result in the unavailability of, or otherwise impact your, website, app, newsletter, project, or otherwise.
g) Failure to notify you of any hosting or other issues that may impact the Services or any website, app, newsletter, project, or otherwise, for which you use the Services.
The limitations on Elestio’s liability to You in Clause 14.1 above shall apply whether or not Elestio has been advised of, or should have been aware of, the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.
14.2. Information Provided on User Apps
We are not responsible for, nor will We be liable to:
a) Materials written by Users, particularly those posted on blogs and/or forums. In addition, We do not endorse such materials, and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forums at Our absolute discretion. However, failure to remove particular material does not constitute in an endorsement or acceptance of it by Us.
b) The accuracy, timing, or reliability of any information/statement on User App. Nor will We be held accountable/liable for statements, advice, and/or opinions generated by Users on blogs and forums. If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User, and not against Us.
c) The quality, accuracy, or fitness of User App, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner.
d) Any fraudulent misrepresentations We make, and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using, or in connection with, Your use of User App.
15. Exclusive Remedy
In the event of any problem with Our Website or Our Services, You agree that Your sole and exclusive remedy is to cease using the Website and the Services. Under no circumstances shall Elestio be liable in any way for Your use of Our Website, the Services, the User Apps, the Commercial Products or third party generated content available on or though the Website, including, but not limited to, any error, omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of Our Website, the Services, Your content, the Commercial Products or any third party generated content available on or through the Website.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and defend Elestio and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including, but not limited to, attorneys' fees), incurred by, or made against, the Indemnified Parties in connection with any claim arising from, or related to; (i) Your use [or anyone using Your account's] use of the Services or Our Site, (ii) the content of the User App or (iii) any Commercial Products You offer on or through the User App or using Our Services. This includes, but is not limited to, any breach or violation of these Terms by You or anyone utilizing Your account. You agree to fully cooperate at Your expense, as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
17.1. Changes & Updates
The quality of Our services and products is the main focus of Elestio's attention; hence, Our system is subject to a continuous improvement process, both, on the technological, and design aspects of the product. Therefore, Elestio may change, suspend, or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or change any of the Terms - at any time, and in any way. Such changes will not be applied in a retroactive manner, except as required otherwise by law.
If any such changes involve the payment of additional Fees, We will provide You with a notice of such Fees prior to enabling such specific changes. If You fail or refuse to pay such Fees, We may (at Our sole discretion) (i) cancel Your user account, (ii) continue to support Your then-current Services without enabling such changes, or (iii) provide You with alternative Services.
17.2. Governing Law & Jurisdiction
The Terms, the rights, and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination, or validity thereof, the relationships which result from, or pursuant to, the Terms, or any related transaction or purchase, shall be governed by, construed under, and enforced in all respects, solely and exclusively in accordance with the internal substantive laws of the Republic of Ireland, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and You hereby consent to them being decided exclusively by a court of competent jurisdiction located in Dublin, Ireland.
We may provide You with notices in any of the following methods: (i) via the Elestio Services, including by a banner or pop-up within the Elestio Website, user account, or elsewhere; (ii) by email sent to the email address You provided us; and/or (iii) through any other means, including any phone number or physical address You provided Us. Elestio’s notice to You will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Terms, and Your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Elestio and You.
17.5. Entire agreement
These Terms, together with any documents herein mentioned, and any other legal or fee notices provided to You by Elestio, shall constitute the entire agreement between You and Elestio concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or oral, between Elestio and You, including those made by or between any of Our respective representatives, with respect to any of the Services. You further agree that You are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Elestio in entering into any of the Terms.
Elestio may assign its rights and/or obligations hereunder, and/or transfer ownership rights and title in the Services to a third party without Your consent or prior notice to you. You may not assign or transfer any of Your rights and obligations hereunder without the prior written consent of Elestio. Any attempted or actual assignment thereof, without Elestio’s prior explicit and written consent, will be null and void.
17.7. Severability & Waivers
If any provision of the Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or, for any reason, unenforceable, then such provision shall be deemed severable, and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding, subsequent breach, or default.
In case of a discontinuation of Elestio's activities, Elestio will make sure to provide all its clients a complete backup and Runtime version they can install on their own server so as to host said websites.
To contact Elestio’s Customer Service team, please use any of the
options listed below:
a) Visit the Elestio Help Centre available at: https://docs.elest.io
b) Send an email to: [email protected]
Last modification date: 2022-01-26 10:20