Terms of Service

Last Updated: December 2024

These Terms of Service ("Terms") govern your use of the eldrix subscription commerce platform and related services provided by eldrix B.V. ("eldrix", "we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing, browsing, or using the eldrix platform, website, or any of our subscription commerce services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not use our services. These Terms constitute a legally binding agreement between you and eldrix B.V.

Company Information

eldrix B.V. is a company incorporated in the Netherlands with company registration number 64271850 and VAT number NL879240651B01. Our registered office is located at Eikenlaan 7, 1371 ZG Almere, Netherlands. We specialise in providing subscription commerce solutions for European businesses.

Service Description

eldrix provides subscription commerce platform services including but not limited to subscription management, billing automation, revenue optimisation, customer analytics, and compliance solutions designed for European markets. Our services are provided on a software-as-a-service (SaaS) basis and may include consulting, implementation, and ongoing support services.

User Eligibility and Registration

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. If you are using our services on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to these Terms. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

User Obligations and Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not use our services to transmit harmful, illegal, or offensive content, attempt to gain unauthorised access to our systems, interfere with the proper functioning of our services, or violate any applicable laws or regulations.

Payment Terms and Billing

Service fees are specified in your service agreement or subscription plan. All fees are exclusive of applicable taxes unless otherwise stated. Payments are due according to the billing schedule outlined in your agreement. Late payments may result in service suspension or termination. We reserve the right to change our pricing with appropriate notice as specified in your service agreement.

Intellectual Property

The eldrix platform, including all software, content, trademarks, logos, and other materials, are owned by eldrix or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use our services during the term of your agreement. You retain ownership of your data and content, while granting us necessary rights to provide our services. You must not copy, modify, distribute, or create derivative works of our proprietary materials without express written permission.

Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for European users. You are responsible for ensuring that any personal data you provide to us is collected and shared in compliance with applicable privacy laws.

Service Availability and Modifications

While we strive to maintain high service availability, we do not guarantee that our services will be uninterrupted or error-free. We may perform scheduled maintenance and updates that may temporarily affect service availability. We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice, except in cases of emergency or security concerns.

Limitation of Liability

To the maximum extent permitted by law, eldrix's total liability for any claims arising from or relating to these Terms or our services shall not exceed the amount you paid to eldrix in the twelve months preceding the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless eldrix, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Termination

Either party may terminate the service agreement according to the terms specified in your service contract. We may immediately suspend or terminate your access to our services if you breach these Terms, fail to pay fees when due, or engage in activities that may harm our services or other users. Upon termination, your right to use our services ceases immediately, and we may delete your data according to our data retention policies, subject to applicable legal requirements.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet failures, or other force majeure events. We will make reasonable efforts to minimise the impact of such events on our services.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands. For users located in other European Union member states, applicable consumer protection laws may provide additional rights.

Dispute Resolution

We encourage you to contact us directly to resolve any concerns. If a dispute cannot be resolved through direct communication, we may agree to participate in mediation before pursuing formal legal proceedings. European Union consumers may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

Modifications to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such notification constitutes acceptance of the modified Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and eldrix regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.

Contact Information

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