Terms and Conditions

Last Updated: September 10, 2024

Please read this Terms and Conditions carefully before using our service.

Interpretations and Definitions

Interpretations

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purpose of this Terms and Conditions:

  • Account: A unique profile created for you to access our Service or specific parts of it.
  • Company: (also referred to as "the Company," "We," "Us," or "Our" in this Agreement): Refers to Eelclip LTD, registered in England. Under the GDPR, the Company is the Data Controller.
  • Country: Refers to England.
  • Content: Refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device: Any equipment capable of accessing the Service, such as a computer, smartphone, or digital tablet.
  • Free Trial: Refers to a limited periode of time that may be free when purchasing a Subscription.
  • Service: Refers to the website.
  • Subscription: Refers to the service or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions: (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service: Means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website: Refers to Eelclip, accessible at https://www.eelclip.com.
  • You: The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These Terms and Conditions govern your use of this Service and form a binding agreement between you and the Company. They outline the rights and responsibilities of all users regarding their use of the Service.

Access to and use of the Service is contingent upon your acceptance of and compliance with these Terms and Conditions. They apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you are not permitted to use the Service.

You affirm that you are at least 18 years old. The Company does not allow anyone under 18 to use the Service.

Your access to and use of the Service is also subject to your acceptance of and compliance with the Company's Privacy Policy. This policy outlines how we collect, use, and disclose your personal information when you use our application or website, and explains your privacy rights and protections under the law. Please review our Privacy Policy carefully before using our Service.

Subscriptions

Subscription Period

Access to the Service, or certain parts of it, is available only through a paid Subscription. Billing is done in advance on a recurring basis—daily, weekly, monthly, or annually—depending on the Subscription plan you choose at the time of purchase.

At the end of each subscription period, your Subscription will automatically renew under the same terms unless you cancel it or the Company terminates it.

Subscription Cancellations

You can cancel your Subscription renewal through your Account settings page or by contacting the Company directly. Please note that any fees paid for the current Subscription period are non-refundable, but you will retain access to the Service until the end of your current period.

Billing

You must provide the Company with accurate and complete billing information, including your full name, address, state, zip code, and a valid payment method.

If automatic billing fails for any reason, the Company will send you an electronic invoice. You will be required to complete the payment manually by the specified deadline for the billing period indicated on the invoice.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Free Trial Subscription for a limited time or a limited amount of usage.

The Company reserves the right to modify or cancel the terms of the Free Trial offer at any time and without prior notice.

Lifetime Deals

If you purchase a Lifetime Deal for the Service, you will receive access to the Service for the lifetime of the product under the following conditions:

  • One-Time Payment: The Lifetime Deal is granted upon a one-time payment of the fee specified at the time of purchase. No recurring fees will apply after this payment.
  • Scope of Access: The Lifetime Deal provides access to the current features of the Service as they exist at the time of purchase. The Company reserves the right to modify, add, or remove features as it evolves the Service.
  • Service Lifetime: "Lifetime" refers to the duration for which the Company offers the Service. The Company makes no guarantees regarding the continued availability or support of the Service and reserves the right to discontinue or terminate the Service at any time, with or without notice, in its sole discretion.
  • Non-Transferable: The Lifetime Deal is non-transferable and is tied to the original purchaser. It cannot be resold, assigned, or transferred to another person or entity.
  • Refund Policy: Purchases of Lifetime Deals are final and non-refundable unless otherwise specified by the Company in writing.
  • Updates and Upgrades: The Lifetime Deal may not include access to future paid upgrades or add-ons. The Company reserves the right to charge additional fees for substantial new features, products, or modules.
  • Abuse of Service: If any abuse or violation of the Terms and Conditions is detected, the Company reserves the right to suspend or terminate access to the Service without a refund.

By purchasing a Lifetime Deal, you agree to these terms and acknowledge that they are subject to change at the Company's discretion.

User Account

When you create an account with us, you must provide information that is accurate, complete, and up-to-date at all times. Failure to do so constitutes a breach of these Terms and may result in the immediate termination of your account.

You must promptly notify us if you become aware of any security breach or unauthorized use of your account.

Content

Your Right to Post Content

Our Service allows you to post Content, for which you are solely responsible. This includes ensuring the legality, reliability, and appropriateness of any Content you post. By posting Content, you grant us a license to use, modify, publicly perform, display, reproduce, and distribute that Content on and through the Service. While you retain all your rights to the Content you submit, you also agree to allow us to make it available to other users, who may use it under these Terms.

You represent and warrant that you either own the Content you post or have the necessary rights to use it and grant us the license outlined in these Terms. Additionally, you confirm that your posting does not infringe on the privacy, publicity, copyright, contract, or any other rights of any third party.

Content Restrictions

The Company is not responsible for the content posted by users on the Service. You expressly acknowledge and agree that you are solely responsible for the Content you post and all activities that occur under your account, whether by you or anyone else using your account.

You must not post or transmit any Content that is unlawful, offensive, disturbing, threatening, defamatory, obscene, or otherwise objectionable. Examples of prohibited Content include, but are not limited to:

  • Content that is illegal or promotes illegal activities.
  • Defamatory, discriminatory, or hateful content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated content, unauthorized advertisements, chain letters, unauthorized solicitations, or any form of lottery or gambling.
  • Content containing or installing viruses, worms, malware, trojan horses, or any other material designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or to gain unauthorized access to data or information.
  • Content that infringes on any proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Content that impersonates any person or entity, including the Company or its employees.
  • Content that violates the privacy rights of any third party.
  • False or misleading information and features.

The Company reserves the right, at its sole discretion, to determine whether any Content is appropriate and complies with these Terms, and to refuse or remove any such Content. The Company also reserves the right to edit, format, or change any Content, and to limit or revoke your access to the Service if you post objectionable Content. As the Company cannot control all Content posted by users or third parties on the Service, you agree to use the Service at your own risk. You acknowledge that by using the Service, you may be exposed to Content that you find offensive, indecent, inaccurate, or otherwise objectionable, and you agree that the Company will not be liable for any Content, including errors or omissions, or any loss or damage incurred as a result of your use of any Content.

Content Backups

While we perform regular backups of your Content, the Company does not guarantee that there will be no loss or corruption of data.

Backup issues may arise from various factors, including but not limited to, Content that is already corrupted before being backed up or changes made to Content during the backup process.

The Company will provide support and attempt to address any issues related to Content backups. However, you acknowledge that the Company is not liable for any issues regarding the integrity of Content or for failures in restoring Content to a usable state.

You are responsible for maintaining a complete and accurate copy of your Content in a separate location outside of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others and are committed to addressing any claims that Content posted on the Service infringes on copyrights or other intellectual property rights.

If you are a copyright owner or authorized to act on behalf of one, and you believe that your copyrighted work has been copied in a manner that constitutes infringement on the Service, please submit a written notice to our copyright agent at support@eelclip.com. Your notice should include a detailed description of the alleged infringement.

Please be aware that you may be liable for damages, including costs and attorneys' fees, if you falsely claim that Content infringes on your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

To submit a notification under the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following written information:

Include an electronic or physical signature of the person authorized to act on behalf of the copyright owner. Describe the copyrighted work you believe has been infringed, including the URL or a copy of where the copyrighted work is located. Identify the specific URL or location on the Service where you believe the infringing material is found. Provide your address, telephone number, and email address. Include a statement asserting that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. Finally, provide a statement made under penalty of perjury affirming that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

You can reach our Copyright Agent via email at support@eelclip.com. Upon receiving your notification, the Company will take appropriate action at its sole discretion, which may include removing the challenged content from the Service.

Intellectual Property

The Service, including its original content (excluding Content provided by you or other users), features, and functionality, remains the exclusive property of the Company and its licensors.

The Service is protected under copyright, trademark, and other applicable laws, both domestic and international.

Our trademarks and trade dress may not be used in connection with any product or service without the Company’s prior written consent.

Links to Other Websites

Our Service may include links to third-party websites or services that are not owned or controlled by the Company.

We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not liable, directly or indirectly, for any damage or loss that may result from or be alleged to result from your use of or reliance on any content, goods, or services available on or through these third-party sites.

Our Service may include links to third-party websites or services that are not owned or controlled by the Company.

Termination

We reserve the right to terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to, a breach of these Terms and Conditions.

Upon termination, your access to the Service will end immediately. If you choose to terminate your Account, you can do so by discontinuing your use of the Service.

Limitations of Liability

Regardless of any damages you may incur, the Company’s total liability and that of its suppliers, under any provision of these Terms, is limited to the amount you have actually paid through the Service, or $100 if you have not made any purchases.

To the fullest extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages. This includes, but is not limited to, damages for loss of profits, data loss, business interruption, personal injury, or loss of privacy, arising from or related to the use of or inability to use the Service, third-party software or hardware used with the Service, or any provision of these Terms. This applies even if the Company or its suppliers have been advised of the possibility of such damages or if the remedy fails to fulfill its essential purpose.

Please note that some jurisdictions do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In such cases, the limitations above may not apply, and each party's liability will be limited to the maximum extent allowed by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, and without any warranty of any kind. To the fullest extent permitted by applicable law, the Company, including its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, related to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from the course of dealing, performance, usage, or trade practices. Specifically, the Company makes no guarantee that the Service will meet your requirements, achieve any specific results, be compatible with any other software or systems, operate without interruption, meet performance or reliability standards, or be free from errors, nor does it warrant that any errors or defects will be corrected.

Additionally, neither the Company nor its providers make any representations or warranties regarding: (i) the operation or availability of the Service or its content, materials, and products; (ii) the Service being uninterrupted or error-free; (iii) the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) the Service, its servers, or communications from the Company being free of viruses, scripts, trojan horses, worms, malware, or other harmful components.

Certain jurisdictions may not permit the exclusion of specific warranties or limitations on statutory consumer rights. In such cases, the exclusions and limitations described here will apply to the maximum extent allowed by law.

Governing Law

The laws of the Country, excluding its conflict of law principles, will govern these Terms and your use of the Service. Additionally, your use of the Application may be subject to other applicable local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that: (i) you are not situated in a country that is subject to a U.S. government embargo or designated by the U.S. government as supporting terrorism, and (ii) you are not listed on any U.S. government restricted or prohibited parties list.

Serverability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

If these Terms and Conditions have been translated and made available to you through our Service, you agree that the original English text will prevail in the event of any dispute.

Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms at our sole discretion at any time. For significant changes, we will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. What constitutes a significant change will be determined solely by us.

By continuing to access or use our Service after these revisions are in effect, you agree to be bound by the updated terms. If you do not agree to the revised terms, either in whole or in part, please discontinue use of the website and Service.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email at support@eelclip.com.