Terms and Conditions

Terms and Conditions

Thanks for using Elyphant!


Please read these Terms carefully. By using Elyphant or signing up for an account, you’re agreeing to these Terms. We understand that legal terms can be exhausting to read, and we’ve tried to make the experience as pleasant as possible. Firstly, a few definitions that should help you understand this agreement.

Elyphant (the “Service”) develops Shopify apps aimed at helping developers create beautiful and functions e-commerce website’s for their clients and customers. Elyphant is owned and operated by Tru IT Solutions Inc. (“Tru” “we,” or “us”). Elyphant has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

If you do not agree to these Terms, please do not use Elyphant apps. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@tru.agency

Accounts

In order to access and use certain sections and features of Elyphant or its apps, you must first register and create an account. For product related features, this will also require purchasing a license from our online store.

Eligibility

In order to use an Elyphant account, you must:

  • be able to enter into contracts;
  • complete the registration process;
  • agree to not post spam or harmful content;
  • agree to the Terms; and
  • provide true, complete, and up-to-date information.

By using an Elyphant account, you represent and warrant that you meet all the requirements listed above, and that you won’t use the account in a way that violates any laws or regulations. Elyphant may refuse service, close accounts of any users, and change eligibility requirements at any time.

Passwords

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Closing Your Account

You may request your account to be closed at any time by contacting us at support@tru.agency. 
We will work with you to confirm you are the true account holder and will require clear consent before removing any data.

Elyphant, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.

Account Access

In some cases, it is necessary for Elyphant employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Elyphant employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from an Elyphant user, please contact us at
support@tru.agency

Pricing

We may change our fees at any time by posting a new pricing structure to Shopify and/or our Website and/or sending you a notification by email.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you agree to pay for any taxes that might be applicable to your use of the Elyphant Service.

Refunds

All refunds are made at the discretion of Elyphant, and we reserve the right to refuse to offer a refund for any reason, except in the case of our 14-day money back guarantee (see below).

14-day Money Back Guarantee

If for any reason, you are unhappy with your Elyphant purchase, we do offer a 14-day money back guarantee. If you decide not to use Elyphant in your business within 14 days from your first payment, you may request a full refund.

Upgrading and Downgrading

You may at any time upgrade an Elyphant license by logging into your Store Account and clicking the “Upgrade” button next to your license. The pricing calculated will reflect the difference between licenses.

Downgrading a license is not currently possible, however, we will consider this on a case by case basis. Please contact us at support@tru.agency to discuss any downgrading requests.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Elyphant Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. You acknowledge and agree that Elyphant’s maximum liability to you will not exceed the amount you have paid Elyphant.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Elyphant Service account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Elyphant Service to you.

Indemnification

You agree to indemnify and hold Elyphant, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Elyphant Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Warranty

The Elyphant Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
We guarantee our products to function as advertised when installed on a clean installation of Shopify and when activated without any changes. We cannot guarantee our products will function with all third-party components, plugins or web browsers.
We are not responsible for any data loss that may occur as a result of installing the Software. Please be safe and always make a backup.

Support

We offer support to both Elyphant customers and Elyphant users. To contact support, please visit our support page and submit a support ticket.
We will undertake Commercially Reasonable Efforts to resolve issues in a timely, courteous, and professional manner. However, we make NO WARRANTY of any kind with respect to the Software or with respect to whether the use of Support Services may resolve any particular issue.

Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.

Modifications to this Policy

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Elyphant Service. Your continued use of the Elyphant Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.

Entire Agreement

These Terms, together with our other policies make up the entire agreement and supersede all prior agreements, representations, and understandings.
Nice work! You’ve reached the end. Thanks for taking the time to learn about Elyphant’s policies.

Updated July 21, 2018