01Agreement to these terms
These Terms of Service (“Terms”) are an agreement between you and ElmaTech (“ElmaTech”, “we”, “us” or “our”). They apply to every mobile app published by ElmaTech, our website at elmatech.net, and any related services that link to these Terms (together, the “Services”).
By downloading, installing or using any of the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
Some apps may have additional terms, shown in the app or its store listing. If those terms conflict with these, the app-specific terms apply to that app.
02Who can use the Services
You must be at least 13 years old, or the minimum age required in your country, to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms on your behalf.
03Your account
Some Services require an account. When you create one, you agree to:
- provide accurate information and keep it up to date;
- keep your password and sign-in details confidential;
- be responsible for activity that happens under your account; and
- tell us promptly at [email protected] if you suspect unauthorised access.
You can delete your account at any time from inside the app, where available, or from our account deletion page.
04Licence to use the Services
As long as you follow these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use our apps on devices you own or control, and to access our Services, for their intended purpose.
You may not, and may not help anyone else to:
- copy, modify, translate or create derivative works of the Services;
- reverse engineer, decompile or disassemble the Services, except where the law expressly allows it;
- rent, lease, lend, sell, sublicense or redistribute the Services;
- remove or alter any copyright, trademark or other proprietary notice; or
- bypass or interfere with security or access-control features.
05Acceptable use
When you use the Services, you agree not to:
- break any law or regulation, or infringe anyone’s rights;
- upload or share content that is unlawful, harmful, threatening, abusive, hateful, sexually explicit or that infringes intellectual property or privacy rights;
- harass, impersonate or mislead other people;
- upload viruses, malware or any other harmful code;
- probe, scan, overload or disrupt the Services or the networks and systems behind them;
- collect data from the Services using automated means such as bots or scrapers; or
- use the Services to send spam or unsolicited messages.
We may investigate and take appropriate action, including suspending accounts, if we believe these rules have been broken.
06Your content
You keep ownership of the content you create, upload or store using the Services (“Your Content”). To operate the Services, you give us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display Your Content solely for the purpose of providing and improving the Services for you. This licence ends when Your Content is deleted from our systems.
You are responsible for Your Content and confirm that you have the rights needed to share it. We may remove content that breaks these Terms or the law.
07Purchases and subscriptions
Some apps offer paid features, in-app purchases or subscriptions. These are sold through the Apple App Store or Google Play, and their payment terms apply to your purchase.
- Billing. Payment is charged to your Apple ID or Google account when you confirm the purchase.
- Automatic renewal. Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before the period ends.
- Cancelling. Manage or cancel a subscription in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
- Free trials. If a free trial is offered, you will be charged when it ends unless you cancel beforehand.
- Refunds. Refunds are handled by Apple or Google under their refund policies. Except where the law requires otherwise, purchases are non-refundable.
- Price changes. We may change prices. Changes to a subscription price take effect at your next renewal, after notice from the store.
08Intellectual property
The Services, including their software, design, text, graphics, logos and trademarks, are owned by ElmaTech or its licensors and are protected by intellectual property laws. These Terms do not give you any right to use the ElmaTech name, logo or trademarks. All rights not expressly granted to you are reserved.
If you send us feedback or suggestions, you agree that we may use them without restriction and without any obligation to you.
09Third-party services
The Services may rely on or link to services provided by third parties, such as sign-in providers, maps or payment platforms. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.
10Updates and availability
We are always improving the Services, so features may be added, changed or removed. We may release updates that you need to install to keep using an app. We may also suspend or discontinue a Service, in whole or in part. Where reasonably possible, we will give notice before discontinuing a Service you pay for.
We work to keep the Services available, but we do not promise that they will always be uninterrupted, secure or free of errors.
11Ending this agreement
You can stop using the Services at any time by deleting your account and uninstalling our apps. We may suspend or end your access if you seriously or repeatedly break these Terms, if we are required to by law, or if your use creates risk or harm for other users or for us.
When this agreement ends, the licence in these Terms ends too. Sections that by their nature should continue — including intellectual property, disclaimers, limitation of liability and governing law — remain in effect.
12Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Information provided through the Services is for general purposes only and is not professional advice. Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you.
13Limitation of liability
To the fullest extent permitted by law, ElmaTech and its owners, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, use or goodwill, arising from or related to your use of the Services.
Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose, or US $50.
Nothing in these Terms limits liability that cannot be limited by law, including your rights as a consumer.
14Indemnification
To the extent permitted by law, you agree to indemnify and hold ElmaTech harmless from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Services, Your Content, or your breach of these Terms.
15App Store and Google Play terms
Apps downloaded from the Apple App Store
- These Terms are between you and ElmaTech only, not Apple. ElmaTech, not Apple, is solely responsible for the app and its content.
- Your licence is limited to using the app on Apple-branded devices that you own or control, as permitted by the App Store’s Usage Rules.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent permitted by law, Apple has no other warranty obligation for the app.
- ElmaTech, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, legal or regulatory claims, and consumer protection, privacy or similar claims.
- If a third party claims that the app infringes its intellectual property rights, ElmaTech, not Apple, is responsible for handling that claim.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Apps downloaded from Google Play
Your use of apps downloaded from Google Play is also subject to the Google Play Terms of Service. Google is not responsible for the app and has no obligation to provide support or maintenance for it.
16Governing law and disputes
These Terms are governed by the laws of the country in which ElmaTech is established, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live.
If you have a concern, please contact us first at [email protected]. Most issues can be resolved quickly and informally.
17General terms
- Changes. We may update these Terms. We will change the “Last updated” date above and, for significant changes, give additional notice. Continuing to use the Services after changes take effect means you accept them.
- Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
- No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
- Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets.
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and ElmaTech about the Services.
18Contact us
Questions about these Terms? Contact us:
ElmaTechEmail: [email protected]
Website: elmatech.net
Support: elmatech.net/support