Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and EsticApp ("Company," "we," "us," or "our") governing your access to and use of the EsticApp software-as-a-service platform (the "Service").

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. 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. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 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
• Ensuring that you log out from your account at the end of each session

We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination by User

You may terminate your account at any time by following the account closure procedures within the Service or by contacting our support team. Upon termination, your right to use the Service will immediately cease.

4. Subscription and Payment Terms

4.1 Subscription Plans

The Service is offered on a subscription basis. Subscription plans, pricing, and features are available on our website. We reserve the right to modify our subscription plans and pricing at any time, with notice provided to existing subscribers.

4.2 Payment Processing

Payments are processed through third-party payment processors (such as Stripe or LemonSqueezy). By providing payment information, you authorize us to charge the applicable subscription fees to your selected payment method. You are responsible for ensuring that your payment information is current and accurate.

4.3 Recurring Billing

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription fee for the renewal period. You may cancel automatic renewal at any time through your account settings or by contacting support.

4.4 Refund Policy

Subscription fees are generally non-refundable except as required by law or as otherwise stated in our refund policy. If you believe you are entitled to a refund, please contact our support team within 30 days of the charge.

4.5 Failed Payments

If a payment fails, we may suspend or terminate your access to the Service until payment is received. You remain responsible for any outstanding amounts owed.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a professional and responsible manner.

5.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to transmit malware, viruses, or other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Upload, post, or transmit content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Collect or harvest personal information of other users without consent
• Use the Service to send spam, unsolicited communications, or engage in phishing
• Resell, sublicense, or redistribute the Service without authorization
• Remove, alter, or obscure any proprietary notices on the Service

6. User Content

6.1 Your Responsibility

You retain all ownership rights to content you upload, create, or store through the Service ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

6.2 License to Company

By uploading User Content to the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, reproduce, and transmit your User Content solely to provide the Service to you. This license terminates when you delete your User Content or your account, except for content that has been shared with others and they have not deleted.

6.3 Content Restrictions

You represent and warrant that your User Content does not violate any third-party rights (including intellectual property rights) and complies with all applicable laws. We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.

7. Intellectual Property Rights

7.1 Company Property

The Service, including all software, designs, text, graphics, logos, icons, images, audio clips, data compilations, and the compilation of all content on the Service, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms. This license does not include any right to resell or commercial use of the Service or its contents.

7.3 Trademark Notice

"EsticApp" and all related logos and marks are trademarks or registered trademarks of EsticApp. You may not use these marks without our prior written permission.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable and continuous access to the Service. However, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Termination

9.1 Termination by Company

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of the Acceptable Use Policy
• Failure to pay subscription fees
• Suspected fraudulent, abusive, or illegal activity
• At our sole discretion for any other reason

9.2 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content following termination, subject to our data retention policies and applicable law. We are not obligated to maintain or provide you with copies of your User Content after termination.

9.3 Survival

The provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

10.2 No Guarantee

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service is free from viruses or other harmful components

10.3 Third-Party Services

The Service may integrate with or contain links to third-party services (including payment processors, storage providers, and other tools). We are not responsible for the content, accuracy, or practices of third-party services and make no warranties regarding them.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESTICAPP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless EsticApp and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any rights of a third party
• Your use or misuse of the Service
• Your User Content

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.

13.3 Jurisdiction

You agree to submit to the personal jurisdiction of the courts located within [Your Jurisdiction] for the purpose of litigating all such claims or disputes.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and EsticApp concerning the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

14.3 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.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 No Third-Party Beneficiaries

These Terms are for the benefit of, and may be enforced by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

15. Contact Information

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

16. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.