1. Acceptance of Terms and Conditions and Amendments

Each time you use or cause access to this website, code management tool, application or service (“The Solution”), you agree to be bound by the terms and conditions listed below (“Terms and Conditions”), as amended from time to time with or without notice. In addition, if you are using a third party service on or through The Solution, you will be subject to any rules or guidelines applicable to those services, and they shall be incorporated by reference into these Terms and Conditions. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

2. Our Service

The Solution is provided to you on and through our website on an “as is” basis. You agree that the owners of The Solution exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue The Solution and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

3. Errors in ELI Code Presentation

We work hard to publish information accurately, update The Solution regularly, and correct errors when discovered. However, any of the content in The Solution data may be incorrect or out of date at any given time. We reserve the right to make changes to The Solution at any time, including to product prices, specifications, offers and availability.

4. Your Responsibilities and Registration Obligations

In order to use The Solution, you must register and agree to provide truthful information when requested. When purchasing or registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time.

5. Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

6. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

7. Third Party Services

Goods and services of third parties in The Solution may be advertised and/or made available on or through The Solution. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, due to or arising out of your conduct or connection with The Solution, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

9. Acceptable Use Policy

The Solution contains a commerce platform that provides the tools and technology to set up an online store and sell products and services, at physical retail locations, marketplaces and more. While we believe the free and open exchange of ideas, products and services, there are some activities that are incompatible with our mission to make commerce better for everyone. The following describes activities that are prohibited in connection with your use of The Solution.

The following activities are prohibited (“Restricted Activities”):

Child exploitation: You may not offer goods or services, or post or upload materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

Harassment, bullying, defamation, and threats: You may not offer goods or services, or post or upload materials, that harass, bully, defame or threaten a specific individual.

Hateful content: You may not offer goods or services, or post or upload materials, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, or military veteran status.

Illegal activities: You may not offer goods or services, or post or upload materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

Intellectual property: You may not offer goods or services, or post or upload materials, that infringe on the copyright or trademarks of others.

Barcode hijacking: You may not use a third party barcode in an attempt to misdirect or infringe on the copyright or trademarks of others.

Malicious and deceptive practices: You may not use The Solution to transmit malware or host phishing pages. You may not perform activities or upload or distribute materials that harm or disrupt the operation of The Solution or other infrastructure of The Solution or others, including The Solution’s third-party providers. You may not use The Solution for deceptive commercial practices or any other illegal or deceptive activities.

Personal and confidential information: You may not post or upload any materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

Restricted Items: You may not offer goods or services that are, or appear to be, related to Restricted Activities.

Self-harm: You may not offer goods or services, or post or upload materials, that promote self-harm.

Spam: You may not use The Solution to transmit unsolicited commercial electronic messages.

Terrorist organizations: You may not offer goods or services, or post or upload materials, that imply or promote support or funding of, or membership in, a US Government recognized terrorist organization.

We may, at any time and without notice, remove any materials, and suspend or terminate your account or your access to The Solution if you engage in activities that violate the letter or spirit of this policy, including activities outside of your use of The Solution.

We have the right, but not the obligation, to monitor or investigate any materials and your use of The Solution at any time for compliance with this policy and the Terms of Service. Our determination of whether a violation of this policy has occurred will be final and binding, and any action taken with respect to enforcing this policy, including taking no action at all, will be at our sole discretion.

We may modify this policy, including the list of Restricted Activities, at any time by posting a revised version. By continuing to use The Solution or access your account after a revised version of the policy has been posted, you agree to comply with the latest version of the policy. In the event of a conflict between the policy and the terms, this policy will take precedence, but only to the extent required to resolve such conflict.

10. Disclaimer of Warranties

You understand and agree that your use of The Solution and any services or content provided (“The Service”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of The Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in The Service provides professional advice of any kind and that use of such advice, or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. Permission to Use You Logo and List You as a Client

You grant us permission to publicly list you, your business, and your brands as clients.  You also grant us permission to use your logo on our website and marketing materials.

12. No Refunds

You understand it is our practice not to offer refunds.  If you chose to discontinue your service with The Solution, we have no responsibility or expectation to offer any refund of any kind.

13. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use The Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through The Service; (III) Unauthorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on The Service, or; (V) Any other matter relating to The Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

14. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in The Solution, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

15. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please here.

16. Applicable Law

You agree that these Terms and Conditions and any dispute arising out of your use or misuse of The Solution or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of The Solution is located, without regard to its conflict of law provisions. By registering or using this website or code management tool and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website or code management tool is located.

17. Miscellaneous Information

(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or code management tool or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.

18. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the materials you provide to The Solution service.

By uploading materials, you agree: (a) to allow other internet users to view the materials you post publicly to your ELI Code; (b) to allow ELI Technology to store, and in the case of materials you post publicly, display, your materials; and (c) that ELI Technology can, at any time, review all the materials submitted to The Solution, although ELI Technology is not obligated to do so. You retain ownership over all materials that you upload to your ELI Code; however, by making your code public, you agree to allow others to view materials that you post publicly on your code. You are responsible for compliance of the materials with any applicable laws or regulations.

ELI Technology shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated used with The Solution to promote The Solution.

19. Consent

By continuing to browse or otherwise accessing The Solution, you signal acceptance of the terms and disclaimer set out above.

20. Interpretation

Where permissible by law, ELI Technology is the sole arbiter of the meaning and context of these terms and conditions.