Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to ELYSEIN. These Terms of Use ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services"). 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.

2. ABOUT ELYSEIN

ELYSEIN is an IT solutions and digital transformation consultancy providing custom software development, strategic technology roadmaps, emerging technology integration, performance optimization, cybersecurity services, and comprehensive digital transformation solutions.

3. SERVICES DESCRIPTION

3.1 Service Offerings

ELYSEIN provides the following services:

Custom Software Development
Strategic Technology Roadmaps
Emerging Technology Integration (AI, Blockchain, IoT, Cloud)
Performance Optimization and Automation
Cybersecurity Solutions
Digital Transformation Consulting

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

4. USER ELIGIBILITY AND ACCOUNTS

4.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

4.2 Account Registration

Certain Services may require you to create an account. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use

4.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms or engage in conduct that we deem inappropriate or harmful.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and documentation, are the exclusive property of ELYSEIN or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal or internal business purposes.

5.3 Restrictions

You may not:

Copy, modify, distribute, sell, or lease any part of our Services
Reverse engineer or attempt to extract source code from our Services
Remove, alter, or obscure any proprietary notices
Use our Services to develop competing products or services
Frame or mirror any content without our prior written consent

5.4 Client Deliverables

Upon full payment for custom development services, clients receive ownership rights to the specific deliverables created for them, subject to the terms of individual service agreements. ELYSEIN retains ownership of any pre-existing intellectual property, frameworks, methodologies, and tools used in service delivery.

6. USER CONTENT AND CONDUCT

6.1 User Submissions

If you submit any content, feedback, suggestions, or information to us ("User Content"), you grant ELYSEIN a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content for any purpose.

6.2 Prohibited Conduct

You agree not to:

Use our Services for any illegal or unauthorized purpose
Violate any applicable laws or regulations
Infringe upon the rights of others
Transmit any harmful code, viruses, or malicious software
Attempt to gain unauthorized access to our systems
Interfere with or disrupt our Services or servers
Collect or harvest information about other users
Impersonate any person or entity
Engage in any fraudulent activities

7. PRIVACY AND DATA PROTECTION

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

8. THIRD-PARTY SERVICES AND LINKS

8.1 Third-Party Services

Our Services may integrate with or contain links to third-party websites, applications, or services. We do not endorse and are not responsible for the content, accuracy, or practices of any third-party services.

8.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions and privacy policies.

9. PROFESSIONAL SERVICES AGREEMENTS

9.1 Separate Agreements

Specific consulting, development, or professional services provided by ELYSEIN are governed by separate written agreements ("Service Agreements") between ELYSEIN and the client.

9.2 Precedence

In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail with respect to the specific services covered.

10. FEES AND PAYMENT

10.1 Service Fees

Fees for our professional services are specified in individual Service Agreements or proposals. All fees are exclusive of applicable taxes unless otherwise stated.

10.2 Payment Terms

Payment terms, including due dates, accepted payment methods, and late payment penalties, are specified in Service Agreements.

10.3 Non-Payment

Failure to make timely payments may result in suspension or termination of services and may incur additional fees or interest charges.

11. CONFIDENTIALITY

11.1 Confidential Information

Both parties acknowledge that during the course of engagement, they may have access to confidential and proprietary information. Each party agrees to:

Maintain the confidentiality of such information
Use confidential information solely for the purpose of the engagement
Not disclose confidential information to third parties without prior written consent
Return or destroy confidential information upon request or termination of services

11.2 Exceptions

Confidential information does not include information that:

Is publicly available through no breach of these Terms
Was rightfully in possession prior to disclosure
Is independently developed without use of confidential information
Is required to be disclosed by law or court order

12. WARRANTIES AND DISCLAIMERS

12.1 Service Warranty

ELYSEIN warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.

12.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SERVICE AGREEMENTS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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.

12.3 No Guarantee

We do not warrant that:

Our Services will be uninterrupted, timely, secure, or error-free
The results obtained from using our Services will be accurate or reliable
Any errors in our Services will be corrected
Our Services will meet your specific requirements

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ELYSEIN, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

Your use or misuse of our Services
Your violation of these Terms
Your violation of any rights of another party
Your violation of any applicable laws or regulations
Any User Content you submit or transmit through our Services

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

14.2 Jurisdiction

Subject to the arbitration provisions below, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

14.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or our Services may, by mutual agreement of the parties, be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA), with the seat of arbitration in London, England. However, either party may seek injunctive or other equitable relief in the courts of England and Wales.

14.4 Alternative Dispute Resolution

Before commencing arbitration or court proceedings, the parties agree to attempt to settle any dispute through good faith negotiations for a period of thirty (30) days.

14.5 Class Action Waiver

You agree that any arbitration or court proceeding shall be limited to the dispute between you and ELYSEIN individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures.

15. FORCE MAJEURE

ELYSEIN shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

16. EXPORT COMPLIANCE

You agree to comply with all applicable export and import control laws and regulations in your use of our Services. You represent that you are not located in a country subject to a UK government embargo or designated as supporting terrorism, and that you are not listed on any UK government list of prohibited or restricted parties.

17. TERMINATION

17.1 Termination by You

You may terminate your use of our Services at any time by discontinuing access and use.

17.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

17.3 Effect of Termination

Upon termination:

Your right to use our Services will immediately cease
All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
You remain responsible for all fees and charges incurred prior to termination

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and ELYSEIN regarding our Services and supersede all prior agreements and understandings.

18.2 Amendments

We reserve the right to modify these Terms at any time. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under the laws of England and Wales, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

18.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms, except as may be required by the Contracts (Rights of Third Parties) Act 1999.

18.7 Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by recorded delivery or registered post to the addresses specified in Service Agreements or as updated by either party.

18.8 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and ELYSEIN. Neither party has authority to bind the other or incur obligations on the other's behalf.

18.9 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

18.10 Rights of Third Parties

A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except as expressly provided herein.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

ELYSEIN
Email: info@elysein.com

ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.