Terms of Service Agreement

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This Terms of Service Agreement ("Agreement") governs your use of the Element Standard and CONTROLit services (the "Service"). By accessing or using our Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Service.

1. Definitions
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• "Service" refers to the ES software as a service provided through our website www.elementstandard.com.
• "User", "you", and "your" refer to the individual or entity using the Service.
• "We", "us", and "our" refer to Element Standard, INC, the provider of the Service.
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2. Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. When registering, you agree to:

• Provide accurate and complete information.
• Keep your account information updated.
• Maintain the security of your account by not sharing your password.
• Notify us immediately of any unauthorized use of your account.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You shall not:

• Use the Service in any way that violates any applicable local, state, national, or international law.
• Use the Service to transmit, distribute, or store harmful or malicious content.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Use the Service to infringe upon the rights of others.
• Use, transfer, or copy any aspect of Element Standard's intellectual property, including but not limited to its Litigation Cartography, in any other product or service.
• Use the Service if you are or at any time intend to develop a competing service, product, or piece of intellectual property.

5. Subscription and Fees

Some features of the Service may require a subscription. By subscribing, you agree to pay the applicable fees and charges. We reserve the right to change our subscription plans or adjust pricing for the Service at any time.

6. Cancellation and Termination

You may cancel your subscription at any time. Upon cancellation, you will not receive a refund for any fees already paid. We may terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates this Agreement or is harmful to other users of the Service, us, or third parties.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Element Standard and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Element Standard.

8. Privacy Policy

Our Privacy Policy, available at https://www.elementstandard.com/privacy-policy, describes how we collect, use, and disclose your personal information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Service, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

In no event shall Element Standard, its directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Element Standard’s aggregate liability exceed the amount paid by you to Element Standard in the past six months.

11. Indemnification

You agree to defend, indemnify, and hold harmless Element Standard and its officers, directors, employees, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Service, your violation of this Agreement, or your infringement of any intellectual property or privacy right.

12. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in [County], [State], for the purpose of litigating all such claims or disputes.

13. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.