FlexiHub – Terms of Service

Last updated on: September 7, 2017.

Introduction

Eltima Software (Eltima Software, we, us) provides access to the FlexiHub service (the Service) via an account registered through the FlexiHub website (the Website).

The level of access to the Service is determined by the subscription plan associated with the account. All computers running the FlexiHub frontend software (the Software) that are currently logged in to a given account constitute the nodes associated with the given account, whereas the number of active connections with the devices plugged into the nodes constitutes the connections associated with that account. Connections between the nodes and devices are coordinated by the Service. When a direct connection between two nodes is not possible in a given network configuration, a proxy provided by the Service (the Redirection Server) can be used, if allowed by the subscription plan.

The following terms and conditions (the Agreement) govern your access to and use of the Service and constitute a binding legal agreement between you and Eltima Software.

You acknowledge and agree that, by registering an account, installing the Software and accessing and using the Service, you are indicating that you have read, understand and agree to be bound by this Agreement. If you do not agree to this Agreement, then you have no right to access or use the Service.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, you and your will refer and apply to that company or other legal entity.

Subscription Plans

Account holders may access the Service by one of the following subscription plans:

  • FlexiShare;
  • FlexiHub.

The FlexiShare subscription plan is provided at no cost. The FlexiHub subscription plan, unless specified otherwise, is provided for an additional fee and constitute paid subscriptions.

To each subscription plan additional conditions and limitations apply, as listed below:

  • FlexiShare:
    • you may use the Service for personal, non-commercial purposes only;
    • you may send any number of connection invites to other users;
    • you may not initiate any connections yourself.
  • FlexiHub:
    • you may use the Service for personal and commercial purposes;
    • you may establish up to N concurrent connections;

      N — a number of connections specified in the selected FlexiHub plan.

      If the number of connections exceeds ten (10), the exact number of connections should be agreed upon with an Eltima Software representative prior to ordering the subscription.

    • you may establish connections via the Redirection Server.

From time to time we may offer subscription plans, including special promotional plans with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at sign-up.

Additional Options

FlexiHub subscription plan can include additional options if specified during the checkout process. Additional options FlexiHub subscription owners can have access to include:

  • Option to deploy FlexiHub’s online environment to the Slave server;
  • Option to gain access to the Development Kit.

Evaluation

A one-time time-limited trial of the FlexiHub subscription plan is provided upon creating a FlexiHub account. The following conditions apply to your use of the Service during the trial period:

  • you may use the Service for review and evaluation purposes only, any form of commercial use is prohibited;
  • you may establish up to N concurrent connections;

    N — a number of connections specified in the selected FlexiHub plan.

Unless you cancel a paid subscription before the end of your trial period, you will be automatically charged for the next year of FlexiHub subscription.

You are under no obligation to acquire a paid subscription at the end of your trial and can continue using the Service with the restrictions of the FlexiShare subscription plan for an unlimited amount of time.

Eltima Software reserves the right, in its absolute discretion, to determine your trial eligibility.

Billing

By starting your paid subscription and providing a payment method, you authorize us to charge you a monthly or yearly subscription fee at the rate effective at the time of the order, unless a Lifetime Subscription is purchased, plus any applicable taxes. Subscription fees shall be due and payable in advance unless stated otherwise.

A Lifetime Subscription is a one-time payment, which costs twice the value of the selected annual FlexiHub subscription, and allows you to have access and use the Service for a lifetime period.

You may edit your payment method information by visiting the link that will be provided to you after your order has been processed. If for any reason we are unable to successfully bill your preferred payment method (due to expiration, insufficient funds, or otherwise), we reserve the right to suspend access to your account within thirty (30) days of the failed billing attempt.

Your subscription will be automatically renewed at the end of the subscription period, unless you cancel it before the end of your current subscription period.

We reserve the right to adjust pricing for the Service or any components thereof at any time and in any manner as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following email notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price.

Cancellation

You may cancel your paid subscription at any time. In this case your paid subscription will remain active until the end of the current subscription period, after which it will end, and no further charges will be billed. The account through which you access the Service will be downgraded to the FlexiShare subscription plan.

Cancellation of the paid subscription does not result in a refund of any subscription fees already paid. All refund requests are subject to Eltima Software’s Refund Policy.

Support and Service Availability

We strive to provide the best service possible and will use reasonable efforts to keep the Service available to you at all times during the term of your subscription.

We will also use reasonable efforts to prevent and/or rapidly respond to and remedy any interruption to the operation of the Service caused by third parties and resulting from unlicensed use, viruses, malicious code, denial of service attacks, or other external tampering with the Service.

On rare occasions you may experience performance issues or loss of service because of scheduled maintenance, of which we will inform you beforehand by means of the notification system built into the Software.

All technical support related to the use of the Service is provided in accordance to Eltima Software’s Support Policy for the duration of this Agreement.

Modification

We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on the Website and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications. The date of the last modification will be indicated at the top of this page. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of an amended Agreement or providing you notice of a modification will constitute binding acceptance.

Term and Termination

This Agreement will continue to apply to you until terminated by either you or Eltima Software. We reserve the right to suspend your access to the Service, without prior notice and without any refund, at any time for your failure to maintain your subscription fees or for any violation of this Agreement.

Limitation of Liability

You agree that you will not hold us responsible for any indirect, incidental, special, consequential, punitive or other similar damages, or lost profits for any claim arising out of your use of the Service. You use the Service at your own risk, without express or implied warranty or condition of any kind. Our total liability in any event is limited to the amount, if any, you actually paid for the use of the Service during the twelve (12) months prior to your claim.