Terms of Service

1. Acceptance of Terms

By accessing or using any service, platform, website, or software product operated by ESHIFT LLC (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and ESHIFT LLC, a limited liability company registered in the State of Wyoming, United States ("ESHIFT," "we," "us," or "our").

2. Description of Services

ESHIFT LLC designs, builds, and operates cloud-based software platforms (SaaS) tailored for freelancers and small businesses. Our current products include Funela, an online invoicing and client management platform. Additional products may be added from time to time.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

The Services are provided "as is" and "as available." We do not guarantee that the Services will be uninterrupted, error-free, or meet your specific requirements.

3. User Accounts

To access certain features of the Services, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or suspect any security breaches related to your account.
• Take responsibility for all activities that occur under your account.
• Not share your account credentials with any third party.
• Not create accounts using automated means or under false pretenses.

You must be at least 18 years of age to register for an account and use the Services.

4. Payment Terms

Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to the following payment terms:

• Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select.
• Payment Processor: All payments are processed securely through Stripe, Inc. By providing your payment information, you authorize us to charge your payment method on a recurring basis.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
• Price Changes: We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next billing cycle.
• Taxes: You are responsible for paying all applicable taxes in your jurisdiction.
• Failed Payments: If a payment fails, we may suspend your access to paid features until the balance is resolved.

5. Intellectual Property

ESHIFT IP: The Services, including all software, content, design, trademarks, logos, and other materials provided by ESHIFT LLC, are owned by or licensed to ESHIFT LLC and are protected by applicable intellectual property laws.

Your Data: You retain ownership of all data, content, and information you submit to the Services ("User Content"). By using the Services, you grant ESHIFT LLC a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely as necessary to provide the Services to you.

Feedback: If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without any obligation to you.

6. Acceptable Use

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law or regulation.
• Engage in any fraudulent, deceptive, or misleading activity.
• Transmit any unsolicited or unauthorized advertising or promotional material (spam).
• Upload, transmit, or store any viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to any part of the Services or other users' accounts.
• Interfere with or disrupt the integrity or performance of the Services.
• Scrape, crawl, or systematically collect data from the Services without permission.
• Reverse engineer, decompile, or disassemble any part of the Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESHIFT LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ESHIFT LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

8. Indemnification

You agree to defend, indemnify, and hold harmless ESHIFT LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or in any way connected with:

• Your access to or use of the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Any User Content you submit, post, or transmit through the Services.

9. Termination

Termination by You: You may terminate your account at any time by following the cancellation process within the applicable product dashboard or by contacting us at contact@eshift.io.

Termination by ESHIFT: We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms or non-payment of fees.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. You may request an export of your data within 30 days of termination. After 30 days, we may permanently delete your data.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States. Any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming.

Before initiating any formal legal action, you agree to attempt to resolve any dispute informally by contacting us at contact@eshift.io.

11. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on our website with a new "Last Updated" date and sending a notification to your account email.

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

12. Contact

If you have any questions about these Terms of Service, please contact us:

ESHIFT LLC
5830 E 2nd St, Ste 7000 #34283, Casper, Wyoming 82609, US
Email: contact@eshift.io