Terms of Service

1. Introduction

We are Elastics ("Company", "we", "us", "our", "Elastics"). Elastics automate trading workflows using live and alternative data with institutional-grade execution and risk management.

You can contact us by email at contact@elastics.ai. Our legal address is 169 Madison Ave, Ste 15617, New York, NY 10016, +1 (888) 959-5044.

We provide an AI agents trading platform and related services ("Services"). These Terms of Services ("Terms") govern your use of our Services, including services, platforms, products, content, and applications offered through Services. By accessing or using Services, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User", "Customer"), and Elastics concerning your access and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services, and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any material changes by sending you an email notification through the email address you provided us with, or otherwise according to laws applicable in a relevant jurisdiction, as described in Section 19.

2. Definitions

• "Services" refers AI agents trading platform and related services, including all its software, applications, products, content, and Services, including any applications, features, or tools offered to Customers.
• "User" refers to any individual or entity who accesses or uses Services.
• "Customer" refers to any User who has registered for an account and/or has subscribed to any Services offered on Services.
• "Content" refers to any text, graphics, images, music, software, audio, video, information, or other materials you or we provided or made available through Services.
• "UK and EEA" refers to the United Kingdom, European Economic Area, including the European Union and other EEA Member States.

3. Eligibility and User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity, and you agree to comply with these Terms.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Services through automated or non-human means, whether through bot, script or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

To use Services, you must be at least 18 years old or have the consent of a parent or guardian if you are under 18. By using Services, you represent and warrant that you meet these requirements.You must not use Services if you are barred from receiving Services under the laws of any applicable jurisdiction.

The information provided when using the Services is not intended for distribution to our use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

4. Account Registration and Use

We may require that you create an account in order to use some or all of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You agree to notify us immediately about any breach of security.We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or engaged in any unauthorized or illegal activity. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. Subscription and Payment Terms

Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan (a "Recurring Subscription"). You agree to pay all fees associated with your use of Services in accordance with the pricing and payment terms presented to you at the time of subscription. All fees are exclusive of taxes, which you agree to pay based on your residence and applicable tax laws.Your Recurring Subscription will automatically renew until you cancel it, or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that the Company is unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, the Company may, in its sole discretion (i) suspend your access to the Services until payment is received or (ii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. We will notify you before taking any of these actions.

Cancellation.

You may cancel your subscription through your account by getting in touch with us or, depending on your location, by any additional cancellation mechanisms we may provide. You may cancel a Recurring Subscription at any time, but the cancellation only becomes effective at the end of the current billing period (except where you have canceled due to a valid reason, e.g., an upcoming change to the Terms (as set out ending wording to these Terms above) or in relation to exercising your withdrawal rights, as set out in Section 6.). Except as stated in the foregoing sentence, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period.

Price Changes.

We reserve the right to change the price for the Recurring Subscription from time to time. If you purchased your Recurring Subscription directly from us, we will give you at least 30 days notice of any price changes; if you do not want to continue your Recurring Subscription at the new price, you can cancel your Recurring Subscription before the start of the next subscription period. If you do not cancel your Recurring Subscription before the start of the next subscription period, you will be deemed to have accepted the price change. If you purchased your Recurring Subscription through an app store, price changes may be treated differently. Please review the relevant App Store Terms for further information.

Payment.

You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, and to the extent permitted under applicable law, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

6. Right of Withdrawal

If you are based in the UK or EEA, when you purchase a Recurring Subscription directly from us as a consumer, you have a legal right to withdraw from your Recurring Subscription agreement with us within 14 days of purchase. Instructions on how to exercise this right, the consequences of exercising this right (including details of any amounts owed to us for the period from the beginning of your agreement up to and including the day prior to your exercise of your right of withdrawal), and a model form that you can use to exercise your right to withdraw are set out at the end of these Terms in Appendix 1. When you purchase a Recurring Subscription, you expressly acknowledge and agree to the immediate provision of the Recurring Subscription. You understand that if you change your mind within the first 14 days, you may withdraw from the agreement for a refund. When you purchase a Recurring Subscription through an app store provider, your right of withdrawal may be treated differently. Please review the relevant app store terms for further information.

7. Acceptable Use, License, and Intellectual Property Rights

Ownership and Our Intellectual Property Rights. The name Elastics and our logos, product or service names, slogans and the look and feel of the Services, but also the Services, including the text, graphics, icons, audio clips, images, digital downloads, data compilations, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Company or our licensors. They may not be copied, imitated or used, in whole or in part, without our prior written permission.We are also the owner or the licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, and website designs in the Services (collectively, the "Content"), as well as trademarks, service marks, and logos contained therein (the "Marks"). Our Content Services and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties worldwide. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.All other trademarks, registered trademarks, product names, and company names or logos mentioned or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.As an example, you must not:

• Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law.

Limited License. Subject to your compliance with these Terms, the Company hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for the purposes complaint with these Terms. For clarity, any use of the Services other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Commercial Use of Services. You may use Services for commercial purposes to the extent that such activity complies with these Terms, except for researching, developing and offering services, products, or other offerings competing with Elastics and our Services.Any breach of these Intellectual Property Rights will constitute a material breach of our Terms, and your to use Services will terminate immediately.

Acceptable Use of our Services. By accessing or using Services, you agree not to use Services in any way that violates any applicable local, national, or international law or regulation.

Prohibited Activities. As a user of the Services, you agree not to:

• Use Services for any unlawful purpose or to promote any illegal activities.
• Engage in any activity that could damage, disable, overburden, or impair Services or interfere with any other party's use and enjoyment of Services.
• Attempt to gain unauthorized access to Services, other accounts, computer systems, or networks connected to Services through hacking, password mining, or any other means.
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us.

Services Management. We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities;
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof;
• In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. User-Generated Content

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. You are responsible for what you post or upload. By sending us Content through any part of the Services, you:

• Confirm that you have read and agree with our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Services any Content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
• To the extent permissible by applicable law, waive any and all moral rights to any such Content.
• Warrant that any such Content is original to you or that you have the necessary rights and licenses to submit such Contents and that you have full authority to grant us the above-mentioned rights in relation to your Contents.
• Warrant and represent that your Contents do not constitute confidential information.

You are solely responsible for your Content. You are also solely responsible for any content that you upload, publish, or display on or through Services or transmit to or share with other Users. You agree not to post, upload, transmit, distribute, store, create, or otherwise publish through Services any of the following:

• Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
• Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law.

We reserve the right to remove any Content that violates these Terms or is otherwise objectionable, in our sole discretion. You agree to refrain from any legal action against us regarding your Content. You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of:

• this section,
• any third party's intellectual property rights,
• or applicable law.

License to Your Content. By posting Content to Services, you grant us license to use, reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with Services and Elastics's business and on third-party sites and Services) and use your Content to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products.Such license shall be:

• perpetual and irrevocable, and transferable (which means this license cannot be withdrawn),
• nonexclusive (which means you can license your Content to others),
• royalty-free and fully paid (which means there are no monetary fees for this license),
• worldwide (which means it's valid anywhere in the world), and
• sub-licensable, through multiple tiers (which means we can make it available to others).

Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about the Company or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or technologies in Company' sole discretion. Company will exclusively own any improvements to, or new inventions based upon, such Services, or Services based on the Feedback. You understand that the Company may treat any Feedback as nonconfidential.

9. Data Privacy and Security

Data Protection and Security. Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.You acknowledge that you are responsible for maintaining the confidentiality and security of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.We implement reasonable technical and organizational measures to ensure a level of security appropriate to the risk of our data processing activities. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

Data Deletion and Opt Out. You may request for us to delete your personal data as required under applicable law. Please see our Privacy Policy https://www.elastics.ai/privacy-policy for more information. In addition, you may request to opt out of personal data being used by us to improve the Services by reaching out to contact@elastics.ai. Your personal data will no longer be used to improve our Services once the request has been processed by our team. This does not affect any uses of (or materials resulting from uses of) your personal data prior to that date.We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit, or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

10. Third-Party Services and Content

Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, third-party LLM (AI Systems) providers, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

11. Indemnification and Limitation of Liability

If you are a business or an organization, to the fullest extent permitted by applicable law, in no event shall Elastics, its affiliates, agents, directors, employees, suppliers, or licensors be liable and you will indemnify, defend (at our option), and hold harmless Company and our officers, directors, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to:

• Your use or inability to use Services.
• Any unauthorized access to or use of our servers and/or any personal data stored therein.
• Any interruption or cessation of transmission to or from Services.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
• The Content or Feedback.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Services.
• Your violation of these Terms;
• Your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights)
• Your conduct in connection with the Services or the Content.
• Any breach of your representations and warranties set forth in theseTerms.
• Your violation of the rights of a third party, including but not limited to intellectual property rights.
• Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, you will cooperate with the Company in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). Company will have control of the defense or settlement, at Company' sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.If you are a business or an organisation, the following terms apply:

• To the fullest extent permitted by applicable law, the Company will not be liable to you under any theory of liability (whether based on contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Company has been advised of the possibility of such damages.
• The total liability of the Company for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of:
  • One Hundred United States Dollars ($100 USD);
  • and the amount paid by you to use our Services in the 12 months preceding the claim.

Otherwise, the following terms apply:

• We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
  • Unexpected. It was not obvious that it would happen, and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, we're not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own Content or device, which was caused by Content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions, or by having the minimum system requirements advised by us.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described above.

Some countries and states may not allow the limitation of certain damages, so some or all of the foregoing terms may not apply to you. In that case, these Terms only limit our responsibilities to the maximum extent allowed in your country of residence.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your account and access to Services, at our sole discretion, without notice and without liability to you, for conduct that we believe violates these Terms or our policies, is harmful to other users of Services, or is harmful to our business interests.If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.Upon termination of your account, your right to use Services will immediately cease. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Modifications and Interruptions

Changes we can always make. We can always change the Services:

• To reflect changes in relevant laws and regulatory requirements, for example to ensure our Services comply with applicable law.
• To make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Services.
• To update the Services, provided that the Services always match the description that we provided to you before you paid for them. We might ask you to install these updates.

Changes we can only make if we give you notice and an option to terminate. If we plan to make any changes that materially adversely impact you, we'll notify you in advance and you can then contact us to end the contract before the change takes effect and receive a refund for any Services you've paid for in advance, but won't receive. We can suspend the supply of Services. We do this to:

• Deal with technical problems or make minor technical changes.
• Update the Services to reflect changes in relevant laws and regulatory requirements.
• Make changes to the Services.

Our ability to suspend supply is without prejudice to your legal guarantee rights. We will contact you in advance to notify you of any suspension unless the suspension is required urgently for security or legal reasons or if we are unable to notify you due to some legal reasons. If we suspend the Services for longer than ten (10) days in any thirty (30) day period, we adjust the price so you don't pay for it while it's suspended. If we suspend supply or tell you we're going to suspend supply, for more than thirty (30) days, you can contact us to end the contract, and we'll refund any sums you've paid in advance for products you won't receive.We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Corrections. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

14. Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Belarus, Cuba, Iran, North Korea, Russia, Syria, and the annexed regions of Ukraine), that you are not listed on identified on any U.S. Government list of sanctioned individuals, that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of the Services.

15. Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating another legal steps. Such informal negotiations commence upon written notice from one Party to the other Party. : If you have any dispute with us you should first contact us at contact@elastics.ai. and attempt to resolve the dispute with us informally and amicably. We oblige to resolve any dispute in the goodwill and with the respect for your legitimate interests.Exceptions. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of Services or infringement of intellectual property rights, in the courts of Ireland, or as determined by applicable law.

16. Disclaimer

Your use of our Services, Content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) is at your sole risk. To the fullest extent permitted under applicable law, our Services, and any Content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) are provided "as is" and "as available" without warranties of any kind, either express or implied. Company disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Services, or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) are accurate, complete, reliable, current, or error-free or that access to our Services, or any Content provided therein or therewith (including the Third-Party Content and Third-Party Services) will be uninterrupted. While Company attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Services) safe, we cannot and do not represent or warrant that our Services, or any Content provided therein or therewith (including the Third-Party Content and Third-Party Services) are free of viruses or other harmful components or content or materials. All disclaimers of any kind (including in this Section 16 and elsewhere in these Terms) are made for the benefit of all Company and Company' respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as our and their respective successors and assigns. Some countries and states may not allow the disclaimer of certain warranties, so some or all of the foregoing terms may not apply to you. In that case, these Terms only limit our responsibilities to the maximum extent allowed in your country of residence.

17. Electronic Communications, Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to use the electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Ireland, without regard to its conflict of law principles.Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ireland, and the parties hereby irrevocably consent, as far as applicable law permits, to the personal jurisdiction and venue therein.

19. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Services.If you are based in the UK or any country in the EEA, we may make changes to these Terms if there is a valid reason for the amendment taking into account the interests of both us and you, including, but not limited to:

• Improving the Terms, to make our Terms clearer or easier to understand or to have all our customers on the same Terms.
• Complying with legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment.
• Providing you with additional information about the Services.
• Insofar as they are necessary to continue performing this contract for the Services.

Except where the changes to the Terms will not have any material legal effect or are changes required by law, we will notify you of the changes 30 days prior to them coming into effect. When you purchase Services (including any Recurring Subscription) directly from us, if you do not agree to the changes, you may cancel the Services (including any Recurring Subscription) (at no cost to you) within 30 days from the date that we notify you. If you cancel in these circumstances, we will provide you with a refund for the amounts you have paid for any Recurring Subscription but not yet received. If you do not refuse such changes or otherwise cancel your Recurring Subscription, we will take that as acceptance of the changes. If you purchased a Recurring Subscription through an app store provider, and wish to cancel the Recurring Subscription, you will need to do so through that app store provider's cancellation process. Please review the relevant App Store Terms for further information.

20. Miscellaneous

These Terms, along with our Privacy Policy and any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us, unless otherwise specified in a separate contract. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Elastics's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Elastics may assign or transfer these Terms at its sole discretion, without restriction.

21. Contact Information

If you have any questions about these Terms, please contact us at contact@elastics.ai.

APPENDIX 1: UK AND EEA WITHDRAWAL RIGHTS

1. Instructions on withdrawal

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us, Elastics of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or official email). You may use the attached model withdrawal form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email) without delay.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.