Terms of Service

ekLogical Terms of UsePlease Read Carefully:

Your use of ekLogical's website, products, services, and software (collectively, the "Services") is subject to your acceptance of these Terms, including an agreement to arbitrate disputes. By accessing the ekLogical website or using the Services, you agree to be bound by these Terms of Service, Exhibits, Order Forms, and incorporated policies (the "Agreement" or "ToS").

1. Services

ekLogical's Commitment: We will provide the Services as described in your Order Form, including standard updates. We may modify or discontinue Services at our discretion.Beta Services: We may offer beta versions of Services, which may be subject to additional agreements. Beta services are provided "as is" and may contain bugs or errors.

2. Your Use of the Services

Compliance: You are responsible for complying with all laws related to your use of the Services.Registration: You may need to provide accurate information to register and use certain Services. You are responsible for keeping your login credentials secure.Your Content: You are responsible for any content you upload or share using the Services. You retain ownership of your content, but we may remove content that violates this Agreement.Prohibited Use: You agree not to misuse the Services, including attempting to access source code, disrupting our networks, engaging in illegal activity, infringing intellectual property rights, or using the Services for harmful purposes.

3. System Requirements

Your Responsibility: You need compatible devices, internet access, and certain software to use the Services. You are responsible for meeting these requirements, which may change.

4. Fees and Payment

Payment Terms: You agree to pay all fees associated with your use of the Services. We may change prices at any time, but will provide notice and an opportunity to cancel if changes affect your existing subscription.Cancellation: You can cancel your subscription at any time. No refunds will be issued for services already paid for.

5. Termination

Termination Rights: Either party may terminate this Agreement. Specific termination details can be found on the ekLogical website and your Order Form.Effect of Termination: You must stop using the Services after termination.

6. Intellectual Property

Ownership: We retain ownership of all proprietary rights in the Services and the ekLogical Marks (trademarks, logos, etc.).Restrictions: You may not use ekLogical Marks or other proprietary information without our consent.

7. Disputes and Arbitration

Agreement to Arbitrate: Disputes will be resolved through binding arbitration (if you are in the U.S.), except for small claims court matters. Please see Exhibit A for details.Class Action Waiver: You waive the right to participate in class actions.

8. Other Important Terms

No Warranties: The Services are provided "as is" without any warranties.Limitation of Liability: Our liability is limited to the amount you paid for the Services in the 12 months preceding the claim.Indemnification: You will indemnify us against claims arising from your use of the Services.Privacy: Your use is also subject to our Privacy Statement.

9. Definitions

Key terms: Affiliate, End User, Initial Subscription Term, Service Effective Date, Renewal Term are defined.

10. Miscellaneous

Governing Law: This Agreement is governed by Florida law.Entire Agreement: This Agreement supersedes any prior agreements.Changes: We may update these Terms, and your continued use signifies your acceptance.

Exhibit A: Binding Arbitration (U.S. Users)

This Exhibit outlines the arbitration process for resolving disputes.

Please let me know if you have any other questions.