Terms & Conditions

Last updated: January 6, 2025

Company Information

Company:

Essentify

Email:

contact@essentify.dev

Address:

Kyiv, Solyana str., 70, apt. 38

Country:

Ukraine

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Essentify ("Company", "we", "us", or "our") regarding your access to and use of the Essentify Enterprise Resource Planning system (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

2. Definitions

  • 2.1 "Service" means the Essentify ERP system, including all features, functionality, software, and services provided through essentify.dev and related domains.
  • 2.2 "User" means any individual or entity that accesses or uses the Service.
  • 2.3 "Organization" means a business entity or organization that subscribes to the Service for use by its employees, contractors, or authorized users.
  • 2.4 "Account" means the registered account created by a User or Organization to access the Service.
  • 2.5 "Content" means any data, information, text, graphics, images, or other materials uploaded, submitted, or transmitted through the Service.
  • 2.6 "Subscription" means the paid plan or license to access and use the Service.

3. Eligibility

3.1 Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

3.2 Authority

If you are using the Service on behalf of an Organization, you represent and warrant that you have the authority to bind that Organization to these Terms.

3.3 Compliance

You must comply with all applicable laws, regulations, and rules governing your use of the Service.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an Account by providing accurate, complete, and current information.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your Account credentials
  • All activities that occur under your Account
  • Notifying us immediately of any unauthorized access or security breach

4.3 Account Information

You agree to:

  • Provide accurate and truthful information
  • Update your information promptly when it changes
  • Not impersonate any person or entity
  • Not create multiple Accounts for fraudulent purposes

4.4 Account Termination by User

You may terminate your Account at any time by contacting us at contact@essentify.dev or through the Account settings.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use the Service to send spam, unsolicited communications, or phishing attempts
  • Engage in any form of automated data collection (scraping, bots, etc.) without permission
  • Reverse engineer, decompile, or disassemble the Service
  • Use the Service to store or transmit illegal, harmful, or offensive content
  • Sublicense, rent, lease, or resell the Service without authorization
  • Remove or alter any copyright, trademark, or proprietary notices

5.3 Content Standards

You are solely responsible for all Content you upload, submit, or transmit through the Service. You represent and warrant that:

  • You own or have the necessary rights to use and share the Content
  • Your Content does not violate any third-party rights
  • Your Content complies with applicable laws and these Terms

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding User Content), is owned by Essentify and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes, subject to these Terms.

6.2 User Content

You retain all ownership rights to Content you upload to the Service.

By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and process your Content solely to provide and improve the Service.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

7. Subscription and Payment Terms

7.1 Subscription Plans

Access to certain features may require a paid Subscription. Subscription details, pricing, and billing terms are available on our website or through your Account settings.

7.2 Billing

  • Subscriptions are billed in advance on a recurring basis (monthly, annually, etc.)
  • Payment is due on the billing date
  • We accept payment methods as specified on our website
  • You authorize us to charge the applicable fees to your payment method

7.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

7.4 Price Changes

We reserve the right to modify Subscription prices. We will provide reasonable notice of price changes. Continued use after the price change constitutes acceptance.

7.5 Refunds

Refund policies (if any) are specified on our website or in your Subscription agreement. Generally, fees are non-refundable except as required by law.

7.6 Late Payment

Failure to pay fees may result in suspension or termination of your Account.

8. Data Privacy and Security

8.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Ownership

Organizations retain ownership of all data entered into the Service. Essentify acts as a Data Processor for such data.

8.3 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

8.4 Data Backup

While we perform regular backups, you are responsible for maintaining your own backup copies of important data.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide reliable Service availability but do not guarantee uninterrupted or error-free access.

9.2 Maintenance

We may perform scheduled or emergency maintenance, which may temporarily affect Service availability. We will provide reasonable notice when possible.

9.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

10. Termination

10.1 Termination by You

You may terminate these Terms by closing your Account and discontinuing use of the Service.

10.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You breach these Terms
  • You fail to pay applicable fees
  • We are required to do so by law
  • Continued provision of the Service is no longer commercially viable
  • We decide to discontinue the Service

10.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service ends immediately
  • We may delete your Account and data after a reasonable period
  • You remain liable for any fees incurred before termination
  • Sections of these Terms that by their nature should survive (including warranties, indemnification, limitations of liability) will continue to apply

10.4 Data Retrieval

You may request a copy of your data within 30 days of termination. After this period, we may permanently delete your data.

11. Disclaimers and Warranties

11.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OR VIRUS-FREE OPERATION

11.3 User Responsibility

You acknowledge that:

  • Use of the Service is at your own risk
  • You are responsible for evaluating the accuracy and completeness of any output
  • We do not warrant that the Service meets your specific requirements

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, ESSENTIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Loss of goodwill or reputation

This applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we were advised of the possibility of such damages.

12.2 Cap on Liability

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or EUR 100, whichever is greater.

12.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited by applicable law

13. Indemnification

You agree to indemnify, defend, and hold harmless Essentify, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ukraine.

14.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us at contact@essentify.dev to seek an informal resolution.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Essentify regarding the Service.

15.2 Amendments

We may update these Terms from time to time. Material changes will be notified through the Service or via email. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control (natural disasters, war, pandemics, government actions, etc.).

15.7 Third-Party Services

The Service may integrate with or link to third-party services. We are not responsible for third-party services, and your use of them is subject to their respective terms and policies.

15.8 Language

These Terms are provided in multiple languages for convenience. In case of conflict, the English version shall prevail.

16. Contact Information

For questions, concerns, or notices regarding these Terms, contact us:

Email:

contact@essentify.dev

Address:

Kyiv, Solyana str., 70, apt. 38

Country:

Ukraine

We will respond to inquiries in a timely manner.

17. Acknowledgment

By using the Service, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You have the authority to enter into this agreement

Thank you for using Essentify.