Last updated on August 12, 2022.
By accepting these Terms of Service (“TOS”), either by accessing or using Elloe’s Services, authorising or permitting any agent or end-user to access or use Elloe Services, or accepting an Order Form, you agree to be bound by all terms, conditions, and notices contained or referenced in the TOS. These TOS together with a duly accepted Order Form, including all documents referenced therein, constitute a binding agreement (the “Agreement”). If you are accepting these TOS on behalf of a company, organization or another legal entity, you are agreeing to the TOS for that entity and representing to Elloe that you have the authority to bind such entity and its affiliates to this Agreement. If you register for a Trial of the Services, or otherwise use or access the Services without an Order Form having been duly accepted, you accept and agree to be bound by the provisions of these TOS.
Elloe shall provide the Services to the Customer, as agreed in an Order Form, during the Subscription Term and on the terms of this Agreement.
As part of the registration process, the Customer will need to create a Customer Account and admin User Account, either through the website or an alternative process provided by Elloe or a Reseller. It is the Customer’s responsibility to ensure that the information provided is accurate and not misleading.
The Services may support integrations with third-party platforms permitting exchange of data or cross-functional features, between Elloe and the Customer’s third party provider. In order for the Services to communicate with such third-party platforms, the Customer may be required to input authentication credentials. By enabling the use of the Services with any third-party platform, the Customer authorises Elloe to access the Customer’s accounts with such third-party platform for the purposes of such integration and as described in this Agreement. The Customer is solely responsible for complying with any relevant terms and conditions of third-party platforms and maintaining appropriate accounts with third-party platforms.
Elloe may provide some Consultancy Services, if specified in a statement of work or Order Form describing the work to be performed, incl. fees, milestones, technical specifications or related information. The Customer shall pay Elloe the rate(s) set forth in the Order Form (or, if not specified, Elloe’s standard rates). Unless otherwise agreed, the Customer shall reimburse Elloe for reasonable travel and accommodation expenses.
In the event of any delays in the Customer’s provision of assistance required for the timely delivery of Consultancy Services by Elloe, Elloe may, in its reasonable discretion a) adjust any agreed timetable or delivery schedule as reasonably necessary, and b) charge a reasonable fee (which is to be communicated beforehand) for rescheduling the agreed Consultancy Services.
The Customer may use anything delivered as part of the Consultancy Services for its internal business purposes, subject to the terms of this Agreement and the applicable statement of work, but Elloe will retain all ownership rights and Intellectual Property Rights to such work product, code or deliverables and any derivative, enhancement or modification thereof created by Elloe as part of the Consultancy Services.
The Customer cannot create an account or username using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.
The Customer warrants that the maximum number of natural persons that access the Services shall not exceed the number of Permitted Users (also called agents) purchased under the Customer’s Subscription and no User Account shall be used by more than one person.
The total number of Permitted Users shall not exceed the total number of User Accounts permissible under the Subscription. The Customer shall be responsible and liable to Elloe in respect of all acts, omissions and defaults of such Permitted Affiliates and Permitted Users, and the Permitted Users shall only use the Services for the Customer’s and Permitted Affiliates’ internal business purposes. No Permitted Affiliates or Permitted Users shall have any right to rely on or enforce any term of this Agreement.
The Customer specifically warrants on its own behalf and for each Permitted User and Permitted Affiliate not to do anything that can harm Elloe, including, but not limited to the following (non-exhaustive) actions: (a) abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party; (b) publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable; (c) use or harvest data provided by other Elloe users in a way that they would object to; (d) encourage illegal activity or activity that violates the rights of other users or third parties; (e) supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by Elloe or third parties; (f) attempt to gain access to the Services, servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the Services or other services provided by or relied upon by users and Elloe.
The Customer shall use all reasonable efforts to prevent unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access, notify Elloe immediately.
Trials, campaigns, beta features, features outside of your Subscription or offer periods are offered at Elloe’s sole discretion and are subject to withdrawal at any time and without notice or compensation. This Agreement applies to all trials, campaigns or similar offers, including any other access to the Services which are not governed by an Order Form. In case the Customer accesses the Services without a duly accepted Order Form, the Party to this Agreement will be Elloe ApS.
The Customer shall comply with all applicable laws and regulations with respect to its activities under this Agreement and carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner.
If the Customer purchases telecommunication services from Elloe, such service usage shall also be governed by additional telecommunication terms that can be found .
Elloe may, in its sole discretion, suspend or terminate access to, or use of the Services to any User Account or Customer Account who violates this Agreement. In addition, the Customer acknowledges that Elloe and/or third-party services may choose at any time to prohibit Content from being accessed under this Agreement.
Customer must ensure it, and/or its Permitted Users, (a) uses the latest released up-to-date internet browser to access the Services, and (b) ensures to update any mobile or desktop application to the latest version without undue delay after such update is released.
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