Terms of Service

Effective September 9, 2024

The use of Elephouse requires acceptance of these terms

These terms of use (the "Terms") together with our privacy policy form the entire agreement between Daniel Schnee (sole proprietorship) ("Daniel Schnee", "we", "us", or "our") and you ("you", "your", or the "User"). These Terms govern your use of the website elephouse.de, the Elephouse web application, and/or the Elephouse services (collectively, the "Service").

By using the Service, you confirm that you have read and accepted these Terms. Please read them carefully. We may update these Terms from time to time. Unless otherwise required by law, we will notify you of changes and give you the opportunity to review them before they take effect. Once updated terms take effect, you will be bound by them if you continue to use the Service. If you do not agree with our updated terms, you can object to the changes at any time. In this case, these terms of use will be terminated with you, resulting in the deletion of your account.

Communications

You acknowledge and agree that we may send you emails regarding your account and/or the service.

Intellectual Property

We do not claim any intellectual property rights to the data you provide to the service.

You acknowledge and agree that we own all rights, titles, and interests in and to the service, including all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse-engineer, clone, or modify the service, or create derivative works from the service.

Use License

Elephouse offers paid license options that grant access to the full range of features. Details about the features of each plan can be found in our pricing overview.

License Grant

After purchasing a license, users receive a non-exclusive, non-transferable, and time-limited right to use the features of Elephouse. This license is assigned to a single user. The duration of the license varies depending on the plan purchased.

Accounts, Passwords, and Security

You may create a user account to store your data. You are responsible for keeping your password secure and are solely and fully liable, within the legal framework, for all activities that occur under your username. You also agree not to access or attempt to access the accounts and/or data of other users.

If you delete your data within the service or delete your user account, the data will be marked for deletion and removed from our systems within 30 days and from backups within 90 days. Only a record will remain in our CRM system. You can request its deletion by sending an informal message to our support email. Any deletion is subject to legal retention requirements and periods.

User Conduct and Responsibilities

Users have the freedom to use the service at their discretion, provided they comply with laws and regulations. However, the following actions are explicitly prohibited:

• Engaging in illegal activities using the service.
• Using the image upload function to distribute pornographic material or content that is offensive, hateful, or discriminatory.
• Spreading hate speech, offensive language, or any form of harassment.

We reserve the right to suspend or terminate the accounts of users who violate these guidelines and to remove any prohibited content without prior notice. By using the service, you acknowledge and agree to these terms and commit to upholding the behavioral standards described herein to ensure a positive and respectful environment for all users of the service.

Payment Terms

For Customers on Subscription Plans

If you are not satisfied with the service, we will refund your first purchase within 30 days of that purchase. Subsequent purchases are non-refundable. At the end of each billing period, the plan contract will automatically renew for another billing period until the user explicitly cancels it. The cancellation should be done through the service or in writing.

Chargeback/Refund Policy

Eligible refunds will be credited to the credit card or PayPal account used for the purchase, in accordance with the refund policy described in the "Payment Terms." Under no circumstances will we provide cash refunds. If you have any questions about charges to your account, please contact us immediately. If the charges were made in error, we will credit the appropriate amount to your account. We have a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the service.

Service Availability and Limitations

We strive to ensure that the service is available to you with maximum reliability. Although we aim to provide excellent uptime, it is important to acknowledge that unforeseen circumstances may affect the availability of the service. Historically, the service has achieved 99.99% uptime over a 90-day period, thanks to multiple redundancies in our critical infrastructure.

Updates to the service are released approximately once a month, resulting in a short downtime of 1-2 minutes. These updates are carefully scheduled during periods of lowest usage to minimize the impact on users.

Liability

The service and the materials provided through the service are made available to you "as is."

We and our suppliers are not liable for indirect, special, incidental, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses arising from (i) your access to or use of or inability to use the service; (ii) any conduct or content of a third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether we were informed of the possibility of such damages.

"Consequential damages" include any type of indirect damage, including, but not limited to, loss of profit, revenue, business, goodwill, opportunities, or expected savings, whether arising from statute, contract, tort (including negligence), compensation, or otherwise.

Warranty Exclusion

1. For Consumers (B2C)

Within the scope of legal regulations, we provide warranties for defects in the service, including merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights, to the extent that these cannot be effectively excluded or limited. This warranty disclaimer does not affect your legal rights as a consumer, including your rights under warranty law (§§ 434 ff. BGB).

2. For Businesses (B2B)

To the extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. However, these limitations do not apply to damages caused by intent or gross negligence.

Miscellaneous

It is important to note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that location.

Right to Terminate

We may suspend or terminate your right to use our Service and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by us and shall be void. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.

Users with questions about this agreement or the privacy policy can contact us at support@elephouse.de