Overview
These Terms of Use apply to the Elastio website at www.elastio.com and all associated sites linked to it by Elastio Software, Inc. (“Elastio”), its subsidiaries and affiliates (collectively, the “Site”). The Site is owned and operated by Elastio.
By accessing or using the Site or any content on it, you agree to be legally bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site.
Elastio may change these Terms of Use at any time. Changes take effect immediately upon posting. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
You represent that you are lawfully able to enter into contracts and are at least 13 years of age. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.
Other Terms and Conditions
These Terms of Use do not govern use of the Elastio backup service. Use of the Service, including the free tier, is governed by the Elastio Software Subscription Agreement.
The Software Subscription Agreement is available at www.elastio.com/subscription-agreement, or such other written contract as may be separately agreed and signed.
Additional terms may apply to specific features, contests, or promotions on the Site. Where a conflict exists between these Terms and terms posted for a specific portion of the Site, the specific terms control.
Elastio’s obligations regarding its products and services are governed solely by the agreements under which they are provided. Nothing on this Site alters those agreements.
Elastio may change products, services, or prices on the Site at any time without notice. Site materials may be out of date. Elastio makes no commitment to update them.
The following policies also govern your use of the Site and are incorporated by reference:
- Acceptable Use Policy
- Privacy Policy
Elastio Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Elastio Content”) on the Site is owned, controlled, or licensed by Elastio. It is protected by trade dress, copyright, patent, trademark, and other intellectual property laws.
Elastio grants you a limited, revocable, non-sublicensable license to access, display, and perform Elastio Content (excluding computer code) solely for personal, non-commercial use and only as necessary to use the Site.
Except as expressly permitted, you may not copy, download, reproduce, modify, translate, publish, broadcast, distribute, sell, or otherwise use or transfer any Elastio Content. You may not remove, alter, bypass, or circumvent any copyright notice, trademark notice, or digital rights management mechanism associated with Elastio Content.
Third-Party Services
The Site may provide links to third-party websites, applications, resources, advertisements, or services (“Third-Party Services”). When you access a Third-Party Service, you are interacting with that third party, not with Elastio. You do so at your own risk.
Elastio makes no warranties, express or implied, regarding Third-Party Services or their providers, including as to accuracy, completeness, or privacy practices. Inclusion of a link to a Third-Party Service does not imply endorsement. Elastio is not responsible for the content or practices of any Third-Party Service.
Privacy
Elastio’s Privacy Policy applies to use of this Site and is incorporated into these Terms of Use by reference.
By using the Site, you acknowledge that internet transmissions are never completely private or secure. Any message or information you send to the Site may be read or intercepted by others, even if a particular transmission is encrypted.
Compliance with Laws
You represent that your use of the Site does not and will not violate any applicable governmental laws, rules, regulations, or orders. Without limitation, you agree to:
| Area | Requirement |
|---|---|
| Anti-corruption | Comply with applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010. |
| Export controls | Comply with laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control, and other applicable export control and trade sanctions authorities. |
| Sanctions | Not directly or indirectly export, re-export, or deliver any Elastio software, content, or services to any sanctioned country, entity, or person, or facilitate any transaction in violation of export laws. |
You represent that you are not a sanctions target and are not prohibited from receiving Elastio software, content, or services under applicable law.
Geographic Restrictions
Elastio controls the Site from its offices in Reston, VA, USA. Although the Site is accessible worldwide, not all features, products, or services are available in all locations or appropriate for use outside the United States.
Elastio may limit, in its sole discretion, the provision of any feature, product, or service to any person or geographic area. Any offer on the Site is void where prohibited.
If you access the Site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.
Indemnity
You agree to defend, indemnify, and hold harmless Elastio, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to:
- Your use of the Site
- Your breach of these Terms of Use
- Your violation of applicable law
- Any content you post, upload, or cause to interface with the Site
Disclaimers
The Site and all content are provided on an “as is” and “as available” basis without warranties of any kind, to the maximum extent permitted by applicable law.
Elastio expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement.
Elastio assumes no liability for errors or inaccuracies in Site content, personal injury or property damage resulting from use of the Site, interruption of transmission to or from the Site, or unlawful conduct by third parties not under Elastio’s control.
Limitation of Liability
To the fullest extent permitted by law, Elastio’s cumulative liability under these Terms of Use shall not exceed $100 USD.
Elastio, its affiliates, and their respective employees, contractors, agents, officers, and directors will not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, or for damages related to business interruption, loss of profits, goodwill, data, or other intangible losses arising from use of the Site.
These exclusions apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Elastio has been advised of the possibility of such damage. Some jurisdictions do not allow limitations of liability, so this limitation may not apply to you.
Responsibility for End Users
You are responsible for violations of these Terms of Use by anyone using the Site with your permission or using your account without authorization. Using the Site to assist another person in an activity that would violate these Terms is itself a violation.
Each provision of these Terms applies to any action directly or indirectly taken, authorized, facilitated, promoted, encouraged, or permitted by a user of the Site.
Employment Opportunities
Elastio may post employment opportunities on the Site. If you submit your name, contact information, resume, or other personal information in response to a listing, you authorize Elastio to use that information for all lawful hiring, employment, and business purposes, including forwarding it to Elastio subsidiaries and affiliates.
Nothing in these Terms constitutes a promise by Elastio to review any such submission, or to contact, interview, or employ any individual.
U.S. Government Rights
The Site is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Site.
If you are using the Site on behalf of the U.S. Government and these Terms fail to meet federal requirements or conflict with federal law, you must immediately discontinue use of the Site.
Violations and Enforcement
Elastio may disclose information about you if it determines that disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify or take legal action against someone causing harm to Elastio, its customers, or other users.
Elastio may preserve transmissions or communications made through the Site and may disclose them when required by law or when Elastio determines that disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims of rights violations, or protect the safety of Elastio, its employees, or users.
Elastio may, in its sole discretion and without prior notice, terminate your access to the Site if you violate these Terms or any associated policies. Grounds for termination also include requests by law enforcement, requests by you, discontinuance or modification of the Site, or unexpected technical issues.
If Elastio takes legal action against you for a violation of these Terms, Elastio is entitled to recover all reasonable attorneys' fees and costs. Elastio will not be liable to you for termination of access resulting from any violation.
Electronic Communications
By visiting the Site or sending email to Elastio, you consent to receive communications from Elastio electronically. Elastio will communicate by email or by posting notices on the Site.
You agree that all agreements, notices, disclosures, and other communications Elastio provides electronically satisfy any legal requirement that such communications be in writing.
Governing Law
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflicts of laws provisions.
You agree to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, and waive any objection to such jurisdiction or venue.
Miscellaneous
These Terms, including referenced policies, constitute the complete and exclusive agreement between the parties and supersede all prior proposals and communications on the subject matter. Where Site content conflicts with these Terms, these Terms control.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship. You may not assign, transfer, or sublicense your rights or obligations without Elastio’s prior written consent. Elastio may assign its rights and obligations without restriction.
Failure by Elastio to exercise any right under these Terms does not constitute a waiver. If any provision is held invalid or unenforceable, the remainder of these Terms continues in full force. Elastio is not responsible for failures to fulfill obligations due to causes beyond its control.
Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict, the English version is authoritative.
Contact
Questions regarding these Terms of Use:
legal@elastio.com