Terms and conditions

Thanks for your interest in our site (the "Site"), products (the "Products") and services (the "Services").

The Site available at http://elementaryapp.com is a Frontline softworks srl property, address Slatioarei 1, cam. 212, 720201 Suceava, Romania, registered with the Romanian Trade Register No. J33/1125/2003, Tax Identification no. 15981323, further called as "Frontline softworks".

By using the Site, the Products or the Services, you agree to these Terms and Conditions (the "Terms"). Please carefully read these legally-binding Terms, your use constitutes acceptance of these Terms as at the date of your first use of the Site, Products or Services.

As used in the Terms, "you" means the individual or entity using the Site, Products or Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), "we", "us" or "Frontline softworks" means Frontline softworks, and the "parties" means you and Frontline softworks.

Copyright

ElementaryAPP and ElementarySMS are registered trademarks of Frontline softworks. All trademarks, logos, images, website addresses, products, services or model names or derivations featured in this and other Frontline softworks Sites are the property of Frontline softworks. Any use of these trademarks is prohibited unless permission is sought and subsequently granted in writing by Frontline softworks.
Other product and company names mentioned within this Site may be the trademarks of their respective owners and are subject to the terms of their registration.

Site Content

This Site and the information, names, images, pictures, logos regarding or relating to Frontline softworks, its sub-brands and or associated companies are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied.

In no event will Frontline softworks be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the Site, whether in contract or in negligence.

Frontline softworks does not warrant that the functions contained in the material contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.

While Frontline softworks has made reasonable efforts to ensure information and graphics are accurate at the time of inclusion, this could contain technical inaccuracies, typographical errors or may be out of date when accessed by the user.

Third-party Links

Certain content, products and services available via our Site may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, its content, the Products or the Services:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
to interfere with or circumvent the security features of the Products, the Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site, the Products, the Services or any related website for violating any of the prohibited uses.

Account Terms

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Frontline softworks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

Products and Services

Certain Products or Services may be available exclusively online through the Site.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time.

Software and Updates

Some use of our Products or Services requires you to download a software package ("Software"). Frontline softworks hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software or the Product, solely to access the Services or Products. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services or Products may update the Software on your device automatically when a new version is available.

Payment and Refunds

All payments are securely processed by BrainTree Payments, in agreement with Frontline softworks.

Frontline softworks will charge you fees in accordance with your Order.

Unless you have made other arrangements, Frontline softworks will charge your credit card without invoice as follows:

for recurring fees, in advance, on or around the first day of each billing cycle,
for non-recurring fees (such as fees for set-up, installation, support) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at Frontline softworks's option.

All fees are stated and will be charged in EUR. For any subscription, the Product or the Service is billed in advance on a specified interval basis and is non-refundable. In order to treat everyone equally, no exceptions will be made.

You agree to:

provide current, complete and accurate purchase and account information for all purchases made at our Site.
to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
provide Frontline softworks with accurate factual information to help determine if any tax is due and if Frontline softworks is required by law to collect taxes, you must pay Frontline softworks the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax.

Frontline softworks may suspend all Products or Services in use by you if our charges to your credit card are rejected for any reason.

Upgrading and Downgrading Subscriptions

You can downgrade your subscription only from the next billing interval.
You can upgrade your subscription anytime. The new price based on when the change took place in the billing cycle will be prorated for the rest of the remaining interval, and it charges you the newly-calculated rate immediately. If the transaction for the prorated amount fails, the update to the subscription no longer goes through.

Subscription's Logic

When the subscription billing date arrives, the payment processor will begin charging selected payment method at 9 AM UTC.

The recurring billing system will run a couple of times each day to balance the load across servers, so it's possible that not all of your subscriptions will be processed at once.

Modifications to Products, Services and Prices

Frontline softworks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Product or a Service with or without notice.

Prices of all Products and Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site.

Frontline softworks shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product or a Service.

Miscellaneous

If there is any conflict between these Terms and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.

These Terms shall be governed by and construed in accordance with the laws of Romania.

If these Terms are not accepted in full, the use of the Site, the Products and the Services must be terminated immediately.

Changes to our Terms and conditions

We keep our Terms and conditions under regular review and we will place any updates on this webpage. You may wish to check this webpage regularly for updates.