Terms & Conditions

Elkhorn Software, LLC (hereinafter referred to as "we," "us," or "our") is committed to protecting your privacy and regulating the collection, use, storage, and disclosure of personal information. We strictly comply with the U.S. Privacy Act of 1974, the Electronic Communications Privacy Act, and applicable state privacy laws to safeguard the security and legitimate rights and interests of your personal information. This Policy outlines how we handle personal information provided by or generated from your access to our official website (hereinafter referred to as the "Website"). Please read it carefully and understand it fully.

Our Contact Information: Address: 102 ASPEN HOLLOW RD, KETCHUM, ID 83340-5460; Email: [email protected]. If you have any questions regarding privacy protection, please contact us using the above information.

Terms of Service

Welcome to use the software development, technical outsourcing, and related services (hereinafter referred to as the "Services") provided by Elkhorn Software, LLC (hereinafter referred to as "we," "us," or "our"). These Terms of Service (hereinafter referred to as the "Terms") are intended to clarify the rights and obligations between you and us. By accessing the Website and using our Services, you are deemed to have read, understood, and agreed to all the contents of these Terms. If you do not agree to these Terms, please do not use any of our Services.

1. Scope and Description of Services

1. The Services we provide mainly include but are not limited to: custom software development, software outsourcing, technical support, software maintenance, and other related services publicly displayed on the Website. The specific service content shall be subject to the separate cooperation agreement signed by both parties or the service application submitted by you.

2. We will provide Services in accordance with service standards and industry norms, and make every effort to ensure the stability, security, and timeliness of the Services. However, we do not promise that the Services will be completely uninterrupted. In the event of service interruption caused by reasonable circumstances such as force majeure, network failure, or technical upgrades, we will notify you in a timely manner and make every effort to shorten the interruption time.

3. You shall reasonably choose our Services according to your own needs. If you have any questions about the service content and scope, you may consult us through the contact information on the Website, and we will provide a detailed explanation.

2. Rights and Obligations of Both Parties

(I) Our Rights and Obligations

1. We have the right to provide Services and collect service fees (if any) in accordance with these Terms and the agreement between both parties, and to reasonably supervise your use of the Services.

2. We will provide Services in accordance with the agreed service content and standards, be responsible for the technical maintenance and upgrading related to the Services, and respond to your reasonable service needs in a timely manner.

3. We will strictly protect your personal information, as well as the trade secrets and technical information provided during the service process, comply with the relevant provisions of this Privacy Policy, and will not disclose or abuse them without authorization.

4. We have the right to reasonably optimize the service content and service methods in accordance with changes in laws and regulations, industry norms, or business adjustments, and will publicly post the adjustments in a prominent position on the Website in advance.

(II) Your Rights and Obligations

1. You have the right to require us to provide Services in accordance with these Terms and the agreement between both parties, and to raise objections to any problems arising during the service process, which we will handle in a timely manner.

2. You shall provide true, accurate, and complete information (including personal information, cooperation needs, etc.) and cooperate with us to complete relevant service matters. If the Services cannot be carried out normally due to incorrect information provided by you, you shall bear the responsibility yourself.

3. You shall not use our Services to engage in any illegal, irregular, or immoral acts, or infringe upon the legitimate rights and interests such as intellectual property rights and reputation rights of third parties. Otherwise, you shall bear full legal responsibility and compensate us for any losses caused thereby.

4. Without our written consent, you shall not arbitrarily transfer, lease, or lend the service rights you have obtained, nor copy or tamper with the software, technical materials, etc. provided by us.

3. Service Fees (If Any)

1. If the Services you use involve fees, the specific fee standards, payment methods, and payment terms shall be subject to the cooperation agreement signed by both parties or the prices publicly displayed on the Website.

2. You shall pay the service fees in a timely manner in accordance with the agreement. If you fail to pay the service fees on time, we have the right to suspend the provision of Services. If the payment is overdue beyond the agreed period, we have the right to terminate the Services and require you to pay the overdue liquidated damages and the unpaid fees.

3. If the Services are interrupted, terminated, or changed due to your own reasons, the service fees already paid will not be refunded (unless otherwise agreed by both parties).

4. Intellectual Property Rights

1. All relevant intellectual property rights of the Services, software, technical solutions, documents, and materials provided by us belong to us. Without our written authorization, you shall not arbitrarily use, copy, disseminate, modify, or transfer them.

2. The intellectual property rights of the technical materials, creative schemes, etc. provided by you in the process of using the Services belong to you, and you authorize us to use them reasonably within the scope of the Services to complete the relevant service matters.

3. If either party infringes upon the intellectual property rights of the other party, it shall bear corresponding legal responsibilities and compensate the other party for the losses suffered thereby.

5. Interruption and Termination of Services

1. We have the right to interrupt or terminate the provision of Services without assuming liability for breach of contract if any of the following circumstances occur:

(1) You violate the provisions of these Terms and fail to make corrections within a reasonable time after being notified by us;

(2) You fail to pay the service fees on time and still fail to pay after being urged;

(3) You use the Services to engage in illegal or irregular acts, or infringe upon the legitimate rights and interests of third parties;

(4) The Services cannot be continued due to force majeure, legal requirements, or technical upgrades.

2. You may notify us in writing in advance to terminate the Services according to your own needs. If service fees are involved, they shall be settled in accordance with the agreement between both parties.

3. After the termination of the Services, we will stop providing the Services, but will still properly handle your personal information in accordance with the provisions of the Privacy Policy, except for the information required to be retained by laws and regulations.

6. Disclaimer

1. If the Services cannot be provided normally due to force majeure (including but not limited to earthquakes, floods, typhoons, wars, network interruptions, policy adjustments, etc.), we will not be liable for breach of contract, will make every effort to reduce losses, and will notify you in a timely manner.

2. Losses caused by your own operational errors, incorrect information, equipment failures, or third-party reasons shall be borne by you yourself, and we will not be liable.

3. We do not make absolute commitments to the stability and security of the Services. We will not be liable for compensation for service interruptions or data loss caused by reasonable technical failures (not caused by our intentional or gross negligence), but will make every effort to recover data and restore services.

7. Updates and Modifications to the Terms

We may update or modify these Terms of Service in accordance with changes in laws and regulations, business adjustments, or industry norms. After modification, it will be publicly posted in a prominent position on the Website and will take effect on the date of posting. Your continued use of our Services shall be deemed as your agreement to the modified Terms; if you do not agree, you may stop using the Services.

8. Dispute Resolution

The performance, interpretation, and dispute resolution of these Terms shall all be governed by the relevant laws of the State of Idaho, USA, and federal laws. Any dispute arising between both parties due to these Terms shall first be resolved through friendly negotiation; if negotiation fails, either party has the right to file a lawsuit with the competent court located in our place of business (102 ASPEN HOLLOW RD, KETCHUM, ID 83340-5460).

Matters not covered in these Terms of Service shall be separately negotiated and agreed upon by both parties; if there is a conflict with the Privacy Policy, these Terms shall prevail.

Elkhorn Software, LLC reserves the final right to interpret these Terms of Service.