Terms &
Conditions.

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the products, services, websites, and applications (collectively, the "Services") provided by Elephaant ("we," "our," or "us"). Elephaant is a product-based startup that builds and operates software products including mobile applications, web applications, SaaS platforms, and other software-related products. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services. These Terms should be read in conjunction with our Privacy Policy, which explains how we collect and use your information.

1. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Registration

Some of our Services may require you to create an account. When you do, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at hello@elephaant.com if you suspect any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Use of Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal or commercial purposes in accordance with these Terms. You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software, except where expressly permitted by law.
• Copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
• Interfere with or disrupt the integrity, security, or performance of the Services, including attempting to gain unauthorized access to our systems or networks.
• Upload, transmit, or distribute any viruses, malware, or other harmful or malicious code.
• Use automated tools (bots, scrapers, crawlers) to access, scrape, or extract data from the Services without our written permission.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Harass, abuse, or harm other users or use the Services to send spam or unsolicited communications.
• Circumvent, disable, or otherwise interfere with any security-related features or access restrictions of the Services.

4. Intellectual Property

All content, features, functionality, design, code, trademarks, logos, and other intellectual property within our Services are owned by Elephaant or our licensors and are protected by applicable intellectual property laws. You may not use, copy, reproduce, or distribute any of our intellectual property without our prior written consent.

The Elephaant name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elephaant. You may not use these marks without our prior written permission.

5. User Content

Our Services may allow you to create, upload, store, or share content such as text, images, files, or other materials ("User Content"). You retain ownership of your User Content. By submitting User Content to our Services, you grant Elephaant a worldwide, non-exclusive, royalty-free license to use, store, display, and process your User Content solely for the purpose of operating, providing, and improving our Services.

You are solely responsible for your User Content and represent that you have all the rights necessary to grant us the above license. We do not endorse any User Content and reserve the right to remove content that violates these Terms or applicable law.

6. Feedback & Suggestions

If you provide us with any feedback, ideas, suggestions, or recommendations regarding our Services ("Feedback"), you acknowledge that such Feedback is provided voluntarily and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and Services without any obligation to you. You waive any rights to claim compensation or ownership over any changes to our Services that may result from your Feedback.

7. Subscriptions & Payments

Some of our Services may be offered on a subscription or one-time purchase basis. By subscribing to or purchasing a paid Service, you agree to the following:

• Billing: You agree to pay all fees associated with your selected plan. All fees are quoted in the currency specified at the time of purchase and are non-refundable unless otherwise stated.
• Recurring Charges: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-applicable subscription fee upon renewal.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
• Price Changes: We reserve the right to change our pricing. We will provide reasonable notice of any price changes before they take effect.
• Refunds: Refund eligibility is determined on a case-by-case basis. Please contact us at hello@elephaant.com for refund requests.

8. Free Trials & Promotions

We may offer free trial periods or promotional pricing for certain Services. At the end of a free trial, your account may be automatically converted to a paid subscription unless you cancel before the trial ends. We reserve the right to limit or revoke free trial eligibility at our discretion.

9. Third-Party Links & Services

Our Services may contain links to or integrate with third-party websites, services, or content that are not owned or controlled by Elephaant. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or service from our Services, you do so at your own risk and you are subject to the terms and conditions and privacy policies of those third-party services. We encourage you to read the terms and privacy policies of any third-party service you interact with.

10. Service Availability & Modifications

We strive to keep our Services available and reliable, but we do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We may also release updates, patches, or new versions of our software to improve functionality, fix issues, or address security vulnerabilities. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEPHAANT AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Elephaant and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any third-party rights, or your User Content.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may also terminate your account at any time by contacting us or using the account deletion option within our Services (where available). Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be resolved through good-faith negotiations between the parties. If a dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts in India.

16. Force Majeure

Elephaant shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, terrorism, riots, power failures, internet or telecommunications failures, cyberattacks, or other force majeure events.

17. Electronic Communications

By using our Services or providing your email address to us, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. These communications may include service announcements, administrative messages, and promotional content. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time, but transactional and administrative messages related to your account or Services cannot be opted out of.

18. App Store Additional Terms

If you access our Services through a mobile application downloaded from an app store (such as the Apple App Store or Google Play Store), the following additional terms apply:

• These Terms are between you and Elephaant only, not with the app store provider. Elephaant, not the app store, is solely responsible for the app and its content.
• The app store provider has no obligation to provide maintenance or support services for our app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify the app store provider for a refund of the purchase price (if any). To the maximum extent permitted by law, the app store provider has no other warranty obligation with respect to the app.
• The app store provider is not responsible for addressing any claims relating to the app, including product liability, legal compliance, or intellectual property infringement.
• The app store provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Beta & Preview Services

We may offer beta, preview, early access, or experimental features or products ("Beta Services"). Beta Services are provided "as is" without any warranties and may contain bugs, errors, or incomplete functionality. We may modify, suspend, or discontinue Beta Services at any time without notice or liability. Your use of Beta Services is at your own risk, and we may collect additional usage data to improve the product. Any feedback you provide about Beta Services may be used by us without restriction.

20. Export Compliance

You agree to comply with all applicable export and import laws and regulations when using our Services. You may not use, export, or re-export our Services in any country or to any party that is subject to applicable trade sanctions or embargoes. You represent that you are not located in a country that is subject to a government embargo or that has been designated as a "terrorist supporting" country, and you are not listed on any government list of prohibited or restricted parties.

21. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice through our Services or via email. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

23. Waiver

The failure of Elephaant to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Elephaant.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Elephaant may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

25. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elephaant regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

26. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Please also review our Privacy Policy and Refund & Cancellation Policy for additional information about our Services.