1. Definitions & Interpretation
In these Terms & Conditions ("Terms"), the following definitions apply:
- "Company," "we," "us," or "our" means Elevates Digital Services OÜ, a private limited company incorporated under Estonian law, registry code 17455911, with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115.
- "User," "you," or "your" means any individual or legal entity that accesses or uses the Services.
- "Services" means the services described in Section 3, as offered through our website (elevates.it) and related platforms.
- "Statement of Work" or "SOW" means any written agreement between the Company and a User setting out the scope, deliverables, timeline, and fees for a specific engagement.
2. Acceptance
By accessing our website (including the homepage, Services page, Contact page, and any dashboards), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.
These Terms constitute a legally binding agreement between you and the Company. Continued use of the Services following any amendment to these Terms constitutes acceptance of such amendments.
3. Services
The Company provides the following services:
- Custom Web Applications — bespoke design, development, and deployment of web-based software solutions;
- Strategic Digital Consultancy — advisory services on digital strategy, business transformation, and technology adoption;
- Improvement via Data Insight — data analytics, reporting, and insight-driven optimisation services.
The scope, deliverables, and fees for individual engagements shall be set out in a separate Statement of Work or service agreement executed by the parties.
These Terms shall apply in conjunction with any Statement of Work. In the event of a conflict between these Terms and a Statement of Work, the provisions of the Statement of Work shall prevail solely in respect of the scope and deliverables of the specific engagement; in all other matters, including but not limited to liability, intellectual property ownership, and dispute resolution, these Terms shall prevail.
4. Eligibility & Age Requirements
- Users aged 13–17 may access the Services only with verifiable parental or guardian consent.
- Users under the age of 13 must not submit personal data through any of our platforms. We do not knowingly collect or process personal data of children under 13.
- The Company reserves the right to deploy EU-approved age-assurance tools to verify compliance with this section.
5. Account Obligations & Acceptable Conduct
Users shall not:
- attempt to gain unauthorised access to any part of the Services, related systems, or networks;
- reverse-engineer, decompile, or disassemble any aspect of the Services;
- upload malicious code, viruses, or any harmful material;
- use the Services in violation of any applicable law, regulation, or export control.
6. Intellectual Property
- All content on the website — including but not limited to design, text, graphics, logos, and software — is the property of Elevates Digital Services OÜ or its licensors and is protected by applicable intellectual property laws.
- Subject to these Terms, the Company grants the User a limited, non-exclusive, non-transferable, and revocable licence to access and use the website for lawful purposes in connection with the evaluation or engagement of the Company's Services.
- Unless otherwise stipulated in a Statement of Work, all intellectual property developed by the Company during the provision of paid Services shall remain the exclusive property of the Company. Upon receipt of full payment for all sums due under the applicable engagement, the Company hereby grants the User a licence to use such intellectual property solely for the purpose for which it was commissioned.
7. Beta Offerings
- The Company may from time to time offer pre-release or beta features (including but not limited to dashboards and collaboration tools). Such features are provided on an "as-is" and "as-available" basis without warranty of any kind.
- Feedback provided by Users regarding beta features may be used by the Company without restriction or obligation to compensate.
- The Company reserves the right to discontinue or modify any beta feature at any time and without prior notice. Users shall be solely responsible for maintaining independent copies of any data processed through beta features; the Company shall bear no liability for the loss of data resulting from the modification, suspension, or discontinuation of any such feature.
8. Third-Party Integrations
- The Services may incorporate or link to third-party services, including analytics platforms, email services, and payment gateways. Such third-party services are governed by their own terms and conditions.
- The inclusion of links to third-party services does not constitute endorsement by the Company of those services or their operators.
9. Disclaimers & Limitation of Liability
- The Services are provided "as-is" and "as-available." The Company makes no warranty, express or implied, regarding the uninterrupted, error-free, or secure operation of the Services.
- For Users accessing free-tier services, the Company's total aggregate liability shall not exceed one hundred euros (€100).
- For paid services, the Company's total aggregate liability shall be limited to the amounts actually invoiced to the User during the twelve (12) months immediately preceding the event giving rise to the claim.
- In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity.
- Nothing in these Terms shall operate to limit or exclude any liability that cannot be lawfully limited or excluded under the applicable laws of the Republic of Estonia.
10. Governing Law & Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict-of-law provisions.
- Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of Harju County Court (Harju Maakohus), Tallinn, Estonia.
- Nothing in this section shall prevent either party from seeking interim or injunctive relief in any court of competent jurisdiction.
- In the event that the User is classified as a consumer under Regulation (EU) No 1215/2012, the provisions of this section shall not operate to deprive the User of the protections afforded by the mandatory laws of their country of habitual residence.
11. Amendments
- The Company reserves the right to amend these Terms at any time. Material changes shall be notified to Users at least fourteen (14) days in advance by means of a prominent notice on the website or by email.
- Continued use of the Services following the effective date of any amendment constitutes acceptance of the revised Terms.
12. Severability & Entire Agreement
- If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- These Terms, together with the Privacy Statement, Legal Notice, and any applicable Statement of Work, constitute the entire agreement between the parties with respect to the subject matter hereof.
13. Force Majeure
- Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is occasioned by circumstances beyond its reasonable control.
- Such circumstances shall include, but are not limited to: (a) natural disasters, epidemics, or pandemics; (b) cyberattacks or the failure of third-party infrastructure, hosting, or telecommunications services; (c) governmental actions, sanctions, or regulatory intervention; (d) war, terrorism, or civil unrest; and (e) prolonged disruptions to power or internet connectivity.
- The affected party shall notify the other party without undue delay upon becoming aware of a force majeure event and shall take all reasonable steps to mitigate its impact.
- If a force majeure event prevents performance for more than sixty (60) consecutive days, either party may terminate the affected engagement by written notice to the other party. Such termination shall not give rise to any liability for damages, but shall not affect any payment obligations that accrued prior to the force majeure event.
14. Indemnification
The User shall indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- the User's use of the Services in violation of these Terms or applicable law;
- any content, data, or materials provided by the User to the Company in connection with the Services;
- any infringement or alleged infringement of third-party intellectual property rights resulting from the User's instructions, specifications, or materials.