This serves as a legal agreement between ELOSOFT, INC. and our subscriber.

End User License Agreement

Our EULA was last updated on 2022 January 22.

Please read this End-User License Agreement carefully before clicking the "I Agree" button, or using THE_PRODUCT.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • THE_PRODUCT refers to the product that You are subscribed to, this will be replaced by the exact name of the product in your copy of the EULA.

  • "Agreement" means this End-User License Agreement that forms the entire agreement between You and ELOSOFT, INC. regarding the use of THE_PRODUCT.

  • "Application" means the software program provided by ELOSOFT, Inc. , named THE_PRODUCT

  • "Company" (referred to as either "ELOSOFT, Inc.", "We", "Us" or "Our" in this Agreement) refers to ELOSOFT, Inc.

  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • "Country" refers to: Philippines

  • "Device" means any device that can access the Application such as a computer, a cellphone or a digital tablet.

  • "Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

  • "You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not use the Application.

This Agreement is a legal document between You and ELOSOFT, Inc. and it governs your use of the Application made available to You by ELOSOFT, Inc..

This Agreement is between You and ELOSOFT, Inc. only. Therefore, ELOSOFT, Inc. is solely responsible for the Application and its content.

Since the Application can be accessed and used by other users within your organization or users granted with access by your organization, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by ELOSOFT, Inc. for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control.

The license that is granted to You by ELOSOFT, Inc. is solely for your organization's official purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ELOSOFT, Inc. or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of ELOSOFT, Inc..

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent ELOSOFT, Inc. is required to provide indemnification by applicable law, ELOSOFT, Inc. shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that ELOSOFT, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

To the extent that any maintenance or support is required by applicable law, ELOSOFT, Inc. shall be obligated to furnish any such maintenance or support.

Third-Party Services

You acknowledge and agree that ELOSOFT, Inc. shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or ELOSOFT, Inc..

This Agreement will terminate immediately, without prior notice from ELOSOFT, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by discontinuing payment of your monthly subscription for three (3) consecutive months.

Upon termination of this Agreement, ELOSOFT, Inc. will immediately remove the setup for the domain where THE_PRODUCT is set up.

Termination of this Agreement will not limit any of ELOSOFT, Inc.'s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold ELOSOFT, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ELOSOFT, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ELOSOFT, Inc. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither ELOSOFT, Inc. nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of ELOSOFT, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, ELOSOFT, Inc. shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of ELOSOFT, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or PhP 6,000.

To the maximum extent permitted by applicable law, in no event shall ELOSOFT, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if ELOSOFT, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, ELOSOFT, Inc. is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Legal Compliance

You represent and warrant that You are located and legally operate in the Philippines.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of ELOSOFT, Inc..

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and ELOSOFT, Inc. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and ELOSOFT, Inc..

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which ELOSOFT, Inc. will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us: