Terms of Service

**Elneuro Software License and Terms of Service** **Effective Date:** January 20, 2025 **Product:** Elneuro Advanced Analytics Platform (the "Software" or "Service") **Company:** Elneuro Analytics LLC **Jurisdiction:** State of North Carolina, United States of America --- ## 1. Acceptance of Terms By accessing, creating an account, or using the Elneuro platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you may not access or use the Service. --- ## 2. Grant of License Subject to your compliance with these Terms and payment of applicable fees, Elneuro grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Software for your internal business, research, or personal purposes during the subscription term. ### 2.1 Permitted Uses You may: - Access the Software through your user account - Upload and process your own data through the Software - Generate analytics, visualizations, and reports - Export results and data generated by your analyses - Use the Software for commercial purposes within your organization - Share results internally within your organization ### 2.2 Prohibited Uses You may not: - Distribute, sublicense, sell, rent, lease, or transfer the Software to third parties - Reverse-engineer, decompile, disassemble, or attempt to derive source code - Remove, alter, or obscure any proprietary notices - Use the Software to develop competing products or services - Host the Software for use by third parties (SaaS) without written permission - Exceed usage limits associated with your subscription tier - Share your account credentials with unauthorized users - Use the Software for illegal purposes or to process illegal data - Attempt to gain unauthorized access to the Service or related systems - Transmit viruses, malware, or other harmful code - Engage in any activity that disrupts or interferes with the Service --- ## 3. Subscription Plans and Billing ### 3.1 Subscription Tiers Elneuro offers multiple subscription tiers with varying features, capabilities, and usage limits. Current plans and pricing are available on our Pricing page at elneuro.com/pricing. Subscription tiers may include free and paid options. ### 3.2 Payment Terms - All subscription fees are due in advance - Prices are in United States Dollars (USD) - Payment is processed securely through our payment processor - You authorize recurring charges to your payment method for paid subscriptions - All fees are non-refundable except as required by law or stated in Section 6 ### 3.3 Auto-Renewal Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription tier. ### 3.4 Price Changes Elneuro reserves the right to modify subscription prices with 30 days advance notice. Price changes will not affect your current billing period. ### 3.5 Taxes Fees do not include applicable taxes. You are responsible for all sales, use, VAT, GST, and other taxes (excluding taxes based on Elneuro's income). --- ## 4. Usage Limits and Fair Use ### 4.1 Usage Limits Each subscription tier includes specific usage limits based on the plan you select. These limits may include restrictions on: - Number of analyses or operations per month - Data storage capacity - API access and call limits - Number of users or team members - Advanced feature availability Your current plan limits are displayed in your account dashboard and on our Pricing page. ### 4.2 Overage Exceeding your subscription tier's usage limits may result in: - Temporary service suspension until the next billing cycle - Prompts to upgrade to a higher tier (requires your confirmation) - Additional overage fees (for applicable plans, as specified in your agreement) ### 4.3 Fair Use Policy All plans are subject to fair use. Elneuro reserves the right to suspend accounts that abuse the service, including excessive API calls, bot traffic, or usage patterns that negatively impact other users or system performance. --- ## 5. Intellectual Property ### 5.1 Elneuro IP All rights, title, and interest in the Software, including all intellectual property rights, belong exclusively to Elneuro. This includes: - Source code and algorithms - User interface and design - Documentation and tutorials - Trademarks and branding - Machine learning models and analytics methodologies ### 5.2 Your Data You retain all ownership rights to data you input into the Service ("User Data"). By uploading User Data, you grant Elneuro a limited license to: - Process and analyze User Data to provide the Service - Store User Data during your active session and account period - Generate anonymized, aggregated statistics for service improvement (no personally identifiable information) ### 5.3 Feedback Any feedback, suggestions, or ideas you provide about the Service become the property of Elneuro and may be used without compensation or attribution. --- ## 6. Refund and Cancellation Policy ### 6.1 Cancellation You may cancel your subscription at any time through your account settings or by contacting support. Cancellation is effective at the end of your current billing period. ### 6.2 Refunds - **7-Day Money-Back Guarantee**: New paid subscribers may request a full refund within 7 days of initial purchase - **Mid-Cycle Cancellation**: No prorated refunds for early cancellation - **Billing Errors**: Refunds provided for verified billing errors within 30 days - **Service Outage**: Pro-rated credits for extended outages (>48 hours) ### 6.3 Requesting Refunds Submit refund requests to support@elneuro.com with: - Account email - Order/invoice number - Reason for refund request Refunds are processed within 5-10 business days to the original payment method. --- ## 7. Data Protection and Privacy Your use of the Service is also governed by our Privacy Policy. Key points: - **Data Ownership**: You own your data - **Data Storage**: We store account data and session information; analytical data is processed in real-time - **Data Security**: Industry-standard encryption and security measures - **Data Deletion**: You may request account and data deletion at any time - **No Data Selling**: We never sell or share your data with third parties for marketing - **Compliance**: GDPR, CCPA, and SOC 2 compliant infrastructure See full Privacy Policy for details. --- ## 8. Service Availability and Support ### 8.1 Uptime Elneuro strives to maintain 99.9% uptime but does not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible. ### 8.2 Support Support levels vary by subscription tier. Higher tiers typically include enhanced support features such as faster response times, priority handling, and additional support channels (chat, phone, dedicated account managers). Your current support entitlements are displayed in your account dashboard and on our Pricing page. ### 8.3 Modifications Elneuro reserves the right to: - Modify, suspend, or discontinue any feature - Update the Software for security, performance, or feature improvements - Change these Terms with 30 days notice for material changes --- ## 9. Warranties and Disclaimers ### 9.1 Disclaimer of Warranties THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. Elneuro does not warrant that: - The Service will be uninterrupted, secure, or error-free - Results will be accurate, reliable, or complete - Defects will be corrected - The Service will meet your requirements ### 9.2 Statistical Results Elneuro provides tools for data analysis but is not responsible for: - Accuracy of results (dependent on data quality and methodology) - Business decisions made based on analyses - Statistical interpretation or conclusions - Compliance with industry-specific regulations (e.g., FDA validation) --- ## 10. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELNEURO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: - **Indirect, Incidental, Special, Consequential, or Punitive Damages** - **Loss of Profits, Revenue, Data, or Business Opportunities** - **Cost of Substitute Services** - **Service Interruptions or Data Loss** IN NO EVENT SHALL ELNEURO'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER. Some jurisdictions do not allow limitation of liability for incidental or consequential damages, so the above may not apply to you. --- ## 11. Indemnification You agree to indemnify, defend, and hold harmless Elneuro from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: - Your use or misuse of the Service - Your violation of these Terms - Your violation of any third-party rights - Your User Data or activities under your account --- ## 12. Termination ### 12.1 Termination by You You may terminate your account at any time by canceling your subscription. ### 12.2 Termination by Elneuro Elneuro may suspend or terminate your account immediately if you: - Violate these Terms - Engage in fraudulent or illegal activity - Fail to pay subscription fees - Abuse the Service or harm other users ### 12.3 Effect of Termination Upon termination: - Your access to the Service will cease - Your data may be deleted after 30 days - You remain liable for all fees incurred prior to termination - Sections 5, 9, 10, 11, and 13 survive termination --- ## 13. General Provisions ### 13.1 Governing Law These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict of law principles. ### 13.2 Dispute Resolution Any disputes shall be resolved through binding arbitration in North Carolina under the American Arbitration Association rules, except: - Claims for injunctive relief - Claims in small claims court - Intellectual property disputes ### 13.3 No Class Actions You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations. ### 13.4 Severability If any provision is found unenforceable, the remaining provisions remain in full effect. ### 13.5 Entire Agreement These Terms, along with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement and supersede all prior agreements. ### 13.6 Assignment You may not assign these Terms. Elneuro may assign these Terms to any affiliate or successor. ### 13.7 Waiver Failure to enforce any provision does not constitute a waiver of future enforcement. ### 13.8 Force Majeure Elneuro is not liable for delays or failures due to circumstances beyond reasonable control. ### 13.9 Export Compliance You may not export or re-export the Software in violation of U.S. export laws and regulations. --- ## 14. Contact Information For questions about these Terms: **Elneuro Analytics LLC** Email: legal@elneuro.com Support: support@elneuro.com Website: https://elneuro.com --- ## 15. Changes to Terms Elneuro may update these Terms from time to time. Material changes will be notified via: - Email to your registered address - Notice on the website - In-app notification Continued use after changes constitutes acceptance of modified Terms. **Last Updated:** January 20, 2025 **Version:** 1.0 --- By using Elneuro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.