Terms of service
for the Elastix Software
These Terms of Service (hereinafter --- "Agreement") are entered into between COLLABO TECH LTD, License No: CL12226, registered at Unit IH-00-01-03-OF-05, Level 3 IH-00-01CP-05, Dubai International Financial Centre, Dubai, United Arab Emirates (hereinafter --- "Owner"), on the one part, and the legal entity or sole proprietor registering an account on the Website at [WEBSITE URL] (hereinafter --- "Website") and/or using the Elastix software platform (hereinafter --- "Software"), on the other part (hereinafter --- "User").
The User under this Agreement may be a legal entity incorporated in any jurisdiction or a sole proprietor. Natural persons who are not registered as sole proprietors may not use the Website or the Software under this Agreement.
A legal entity accesses the Website and the Software through its authorised representative --- a natural person acting on its behalf (hereinafter --- "Representative"). A sole proprietor may act personally or through a Representative under a power of attorney. The Owner is under no obligation to verify, and does not verify, the existence, scope or authority of the Representative; such verification is the sole responsibility of the User.
Performance by the Representative of the account registration steps on the Website (clicking "Register" or a functionally equivalent interface element) constitutes unconditional acceptance by the User (including through the Representative's actions) of all terms of this Agreement. If the User does not accept the terms of this Agreement in full, the User may not register an account or use the Software.
1. GENERAL PROVISIONS
1.1. "Elastix", "Software" --- a computer software platform and analytical tool for competitor data analysis and revenue management for organisations, powered by artificial intelligence technologies.
1.2. User --- a legal entity or sole proprietor that has completed registration on the Website in accordance with this Agreement. All rights and obligations under this Agreement arise directly with the User.
1.3. "Subscription Agreement" --- a separate public offer by the Owner for the conclusion of a contract for access to the Extended Mode of the Software on a paid basis, published on the Website at [SUBSCRIPTION AGREEMENT URL].
1.4. Representative --- a natural person performing actions on the Website and/or in the Software on behalf of the User. For a legal entity, the Representative acts on the basis of the constitutive documents (sole executive body or another person duly authorised) or under a power of attorney. A sole proprietor may act personally or through a Representative under a power of attorney. A sole proprietor who personally uses the Website and the Software is simultaneously the User and the Representative within the meaning of this Agreement.
1.5. This Agreement governs the conditions of registration, access to and use of the Website and Software by the User. The Agreement is governed by the laws of the Dubai International Financial Centre (DIFC), including DIFC Law No. 2 of 2017 (Law of Obligations), DIFC Data Protection Law No. 5 of 2020, and applicable UAE federal law.
1.6. The Agreement enters into force upon completion by the User (through the Representative) of the registration procedure on the Website and remains in effect indefinitely, unless the User has withdrawn its acceptance in writing by email to the address specified in this Agreement, or unless otherwise expressly provided herein or follows from the nature of the relationship.
1.7. The Owner reserves the right to unilaterally amend the terms of this Agreement. A new version of the Agreement enters into force upon its publication on the Website. Continued use of the Website and/or Software after publication of the changes constitutes acceptance of the new version of the Agreement.
2. ACCESS MODES
2.1. This Agreement provides for two modes of use of the Software:
Free Plan (post-registration) --- available to Users who have completed account registration on the Website in accordance with Section 3 of this Agreement;
Paid Plan (Extended Mode) --- available to Users who have additionally accepted the Subscription Agreement and paid the applicable Plan fee in accordance with its terms.
2.2. Free Plan. Under the Free Plan, the User is provided access to limited Software functionality, including analytical tools in demonstration volume, without saving full analytical data and without generating complete reports. The specific list of Free Plan features is determined by the Owner and may be changed without prior notice.
2.3. Paid Plan (Extended Mode). Under the Paid Plan, the User is provided access to the full Software functionality, including uploading and processing competitor data, automated competitor analysis using artificial intelligence algorithms, revenue and pricing management tools, generation of analytical reports and dashboards, and other features provided for in the current version of the Software.
2.4. Use of the Software under the Free Plan is provided free of charge. Access to the Paid Plan is provided on a paid basis. The cost of access, payment terms, duration of access and other related conditions are determined by the Subscription Agreement. The Owner may establish different terms depending on the available functionality and scope of use of the Software.
2.5. The terms of the Subscription Agreement form an integral part of the contractual relationship between the Parties in respect of the Paid Plan. This Agreement applies to matters not regulated by the Subscription Agreement. In matters expressly regulated by the Subscription Agreement, its provisions take precedence over this Agreement.
3. REGISTRATION AND ACCESS
3.1. To obtain access to the Free Plan, the User (through the Representative) independently completes the account registration procedure on the Website by filling in the registration form with accurate information. Clicking the "Register" button (or a functionally equivalent interface element) constitutes acceptance of this Agreement.
3.2. The Owner may, at its sole discretion, refuse account registration without giving reasons, and may block or terminate an account in the event of a breach of this Agreement or on other grounds, notifying the User within a reasonable time.
3.3. The User sets a password for the account at registration. Account credentials (email address and password) are personal and are intended exclusively for use by the specific User.
3.4. The User shall maintain the confidentiality of its credentials, not transfer them to third parties, and immediately notify the Owner in the event of their compromise or loss.
3.5. All actions taken using the User's credentials are deemed to have been taken by the User itself or on its behalf. The Owner shall not be liable for the consequences of unauthorised use of the User's credentials where such use resulted from the User's breach of the requirements of this Agreement.
3.6. The Owner may block the User's account in the event of a breach of the terms of this Agreement or the Subscription Agreement, or in other cases at its discretion, notifying the User within a reasonable time.
3.7. To obtain access to the Paid Plan, the User additionally accepts the Subscription Agreement and makes payment in accordance with its terms. Access to the Paid Plan is activated by the Owner upon confirmation of receipt of payment. The procedure and timeline for activation are determined by the Subscription Agreement.
4. USER'S REPRESENTATIVE
4.1. Access to the Website and Software is exercised by a natural person --- the Representative --- acting on behalf of and in the interests of the User, or directly by the sole proprietor personally. A User that is a legal entity independently determines the circle of its Representatives, grants them necessary authority and is responsible for their actions as if they were its own. A sole proprietor acting through a Representative bears equivalent responsibility.
4.2. By performing any actions on the Website and/or in the Software (including account registration, acceptance of the Agreement or the Subscription Agreement, uploading data, making requests), the Representative warrants that they are duly authorised to act on behalf of the User in the relevant capacity. A sole proprietor acting personally is deemed to have independently accepted all terms of the Agreement.
4.3. The Owner is under no obligation to verify, and does not verify, the authority of the Representative. In particular, the Owner does not request or verify constitutive documents, powers of attorney, appointment orders or other documents confirming the Representative's authority, unless otherwise expressly agreed in a separate written agreement between the Parties.
4.4. Actions of the Representative in using the Website and Software, performed using the User's credentials or by any other means of access granted to the User, shall in all cases be deemed to be the actions of the User itself.
4.5. If it subsequently becomes apparent that the Representative acted without proper authority, this shall not constitute grounds for the User to disclaim its obligations under this Agreement and shall not release the User from liability to the Owner for the actions of such person. The User shall independently settle its internal relationship with its representatives.
4.6. The User shall promptly notify the Owner of the termination of a Representative's authority and the need to revoke their access to the Software. Until the Owner receives such notification, all actions performed using the credentials of that Representative shall be deemed to have been performed on behalf of and under the instructions of the User.
5. AI-GENERATED CONTENT
5.1. The Software incorporates functionality built on artificial intelligence and machine learning algorithms (hereinafter --- "AI Functionality"). Results generated by the AI Functionality on the basis of User data (hereinafter --- "AI Content") are provided for informational and auxiliary purposes only.
5.2. By using the AI Functionality of the Software, the User acknowledges that:
(a) AI Content may contain inaccuracies, omissions or errors and is not a substitute for professional expertise in the relevant field;
(b) the User bears sole responsibility for evaluating, verifying and practically applying AI Content;
(c) the Owner does not guarantee the accuracy, completeness or fitness of AI Content for any specific purpose of the User.
5.3. AI Content generated on the basis of User data belongs to the User under applicable law. This provision does not affect the Owner's exclusive rights to the Software, AI models, algorithms and other intellectual property comprising the Software.
6. RIGHTS AND RESTRICTIONS OF USE
6.1. Under this Agreement, the Owner grants the User a limited, non-exclusive, non-transferable right to use the Software within the functionality available to the User in the applicable access mode, solely for the User's own internal business purposes.
6.2. The User is prohibited from:
(i) using the Software in a manner not contemplated by this Agreement or the intended purpose of the Software;
(ii) decompiling, disassembling, reverse-engineering or otherwise attempting to obtain the source code of the Software, except as expressly permitted by applicable law;
(iii) selling, leasing, sub-licensing or otherwise transferring rights of use of the Software to third parties without the Owner's written consent;
(iv) providing third parties with access to the Software on a commercial basis as a service bureau or cloud service;
(v) reproducing, distributing or transmitting copies of the Software, its components or parts thereof;
(vi) taking actions aimed at hacking, circumventing or disabling security measures of the Software and the Website;
(vii) using the Software to process information whose circulation is expressly prohibited under applicable law;
(viii) taking actions that infringe the rights of third parties, including intellectual property rights.
6.3. This Agreement does not grant the User any rights to the Owner's intellectual property other than those expressly stated herein.
7. INTELLECTUAL PROPERTY
7.1. Exclusive rights to the Software, including the source code, AI models, algorithms, user interfaces, databases and other intellectual property comprising the Elastix platform, belong to the Owner and/or its licensors under applicable intellectual property law. This Agreement does not transfer to the User any ownership rights in the said objects.
7.2. The User retains all rights to data and other materials independently uploaded by it to the Software (hereinafter --- "User Data"). By uploading User Data to the Software, the User grants the Owner a limited licence to process such data solely for the purposes of performing this Agreement and providing access to the Software. The said licence terminates simultaneously with deletion of User Data by the User or upon termination of this Agreement.
7.3. The User warrants that it holds all necessary rights to User Data that permit it to grant the Owner the licence referred to in clause 7.2. The User bears liability for any infringement of third-party rights arising from the uploading of User Data to the Software.
8. PERSONAL DATA
8.1. In the course of using the Software, the User may transfer to the Owner information containing personal data of natural persons (including contact details of employees, data used in analytical reports and other materials uploaded to the Software).
8.2. The User transferring personal data acts as the data controller in respect of such data under applicable data protection law (including DIFC Data Protection Law No. 5 of 2020 and, where applicable, Regulation (EU) 2016/679) and bears responsibility for the lawfulness of their processing and transfer.
8.3. The Owner processes personal data on the instructions of the User solely for the purposes of performing this Agreement. This Agreement constitutes a data processing instruction within the meaning of applicable data protection law.
8.4. The User warrants that: personal data are transferred to the Owner on lawful grounds; the data subjects have provided necessary consents or another lawful basis for processing exists; the volume of data transferred does not exceed what is necessary to achieve the processing purposes.
8.5. The Owner shall ensure: storage and processing of personal data in compliance with applicable data protection requirements; restriction of access to personal data to a circle of authorised persons; confidentiality of the personal data being processed.
8.6. Cross-border transfers of personal data, if any, shall be carried out in accordance with the requirements of applicable data protection law, including the provisions of Chapter IV of DIFC Data Protection Law No. 5 of 2020 and, where applicable, Article 46 GDPR.
9. LIABILITY AND LIMITATION OF LIABILITY
9.1. The User uses the Website and the Software at its own risk. The Software is provided "as is". The Owner does not guarantee uninterrupted or error-free operation of the Software, that the Software will meet the User's expectations, or that identified errors will be corrected within any specific timeframe.
9.2. The Owner shall not be liable for: direct or indirect loss, loss of profit or data loss arising from use of or inability to use the Website or the Software; actions of third parties who obtained access to the Website or Software through the User's fault; the content of information and materials uploaded by the User.
9.3. The Owner shall not be liable for losses suffered by the User as a result of actions of a Representative who lacked proper authority, or as a result of the User's failure to timely notify the Owner of the termination of such authority.
9.4. The aggregate liability of the Owner to the User on any grounds not related to a breach of the confidentiality obligations under Section 10 of this Agreement is limited to the amount actually paid by the User to the Owner for use of the Software in the three months preceding the claim. In the case of free-of-charge use of the Software, the aggregate liability of the Owner is limited to USD 100.
9.5. The User independently bears liability for compliance of data uploaded to the Software with the requirements of applicable law, including in respect of personal data, trade secrets and third-party rights.
9.6. The Parties are released from liability for partial or total non-performance of obligations if such non-performance resulted from force majeure circumstances.
10. CONFIDENTIALITY AND TRADE SECRETS
10.1. For the purposes of this Section, the following terms apply:
(a) "Confidential Information" (CI) --- information with actual or potential commercial value that is not known to third parties and to which third parties have no lawful free access, transferred by the Owner to the User under or in connection with this Agreement, including personal data. CI also includes all information obtained by extraction, processing, summarisation or analytical inference from CI.
(b) "Trade Secret Information" (TSI) --- information of any nature (production, technical, economic, organisational and other), including results of intellectual activity and information about methods of conducting professional activity, having actual or potential commercial value by virtue of being unknown to third parties, in respect of which the Owner has established a trade secret regime.
(c) "Disclosure" --- any intentional or unintentional act or omission by the User or its Authorised Persons that results in third parties becoming acquainted with CI and/or TSI.
(d) "Leak" --- the unauthorised provision or dissemination by the User or its Authorised Persons of CI and/or TSI not controlled by the Owner.
(e) "Authorised Persons" --- affiliates of the User, its employees, and external consultants and auditors who reasonably need access to CI for the purposes of using the Software.
10.2. The User, as the Receiving Party, undertakes to:
(a) maintain the confidentiality and trade secret regime in respect of CI and TSI received, including: storing physical media containing CI and TSI in premises ensuring their physical integrity; installing access passwords on devices where CI and TSI are stored electronically; preventing access to CI and TSI by persons not authorised to have such access;
(b) create and retain only those copies of CI and TSI that are reasonably necessary for the use of the Software; mark such copies "Confidential" and/or with a "Trade Secret" marking indicating the name and address of the Owner;
(c) prevent Disclosure and refrain from actions aimed at a Leak of CI and TSI, except as provided for in this Section or with the Owner's prior written consent;
(d) not attempt to circumvent established restrictions, including not taking unauthorised photo, audio or video recordings of Owner materials containing CI and TSI;
(e) use CI and TSI solely for the purposes provided for in this Agreement;
(f) immediately, but no later than one (1) business day, notify the Owner in writing of any Disclosure or Leak (or of attempts by third parties to gain unauthorised access to CI and TSI) and take all necessary steps to minimise adverse consequences.
10.3. The User may provide CI and TSI to its Authorised Persons provided that they: (a) reasonably need such information for the purposes of using the Software; (b) have been informed of the confidential and proprietary nature of CI and TSI; (c) have assumed non-disclosure obligations. The User is responsible for compliance by Authorised Persons with the terms of this Section as for its own actions.
10.4. Confidentiality obligations shall not apply to CI and TSI that: (a) are disclosed to government or regulatory authorities to the extent required by applicable law or court orders (with prior notice to the Owner where not prohibited by law); (b) are disclosed to a court or arbitral tribunal for the purpose of protecting the rights and legitimate interests of the User; (c) cannot be considered confidential under applicable law; (d) have become publicly known through no fault of the User.
10.5. Upon the Owner's request, or upon termination of this Agreement, the User shall within seven (7) business days: (a) destroy or return to the Owner all documents, physical media and electronic copies containing CI and TSI, including all copies and extracts; (b) delete all electronic copies of CI and TSI from the User's information systems --- except for materials that may be required by the User to protect its interests in a dispute with the Owner.
10.6. The User acknowledges and agrees that the Owner retains all rights to CI and TSI. This Agreement does not grant the User any rights to CI and TSI other than the right to use them for the purposes provided for in this Agreement.
10.7. The User shall compensate the Owner for documented losses arising from breach of the terms of this Section in full within ten (10) business days of receiving a substantiated written demand. For each breach resulting in Disclosure and/or Leak of CI and/or TSI, the User shall pay the Owner a contractual penalty of USD 1,000. Payment of the penalty does not release the User from the obligation to compensate losses in full.
10.8. Confidentiality and trade secret obligations under this Section remain in effect for the duration of the Agreement and for five (5) years after its termination. Information constituting know-how (production secrets) is protected indefinitely, regardless of the date of termination of the Agreement.
11. AMENDMENT AND TERMINATION OF ACCESS
11.1. The Owner may at any time suspend, restrict or fully terminate the User's access to the Website and/or Software, including in the event of a breach of the terms of this Agreement or the Subscription Agreement. The consequences of termination of access to the Paid Plan at the Owner's initiative, including the procedure for refunds (where applicable), are governed by the Subscription Agreement.
11.2. The User may cease using the Software at any time by submitting an account deletion request to the Owner using the contact details published on the Website. The consequences of termination of the Subscription Agreement at the User's initiative, including as regards refunds, are determined by the Subscription Agreement.
11.3. Upon termination of access to the Paid Plan, the User loses the right to use the relevant functionality. User Data uploaded by the User may be deleted by the Owner after a period determined by applicable law or contractual conditions.
11.4. Upon termination of this Agreement, the Subscription Agreement (if in force) terminates simultaneously, unless the Subscription Agreement provides otherwise.
12. DISPUTE RESOLUTION
12.1. All disputes and disagreements arising in connection with this Agreement shall be resolved by the Parties through negotiations. The response time for a written claim is ten (10) business days from the date of its receipt.
12.2. If a dispute cannot be resolved out of court, it shall be submitted to the exclusive jurisdiction of the DIFC Courts (Dubai International Financial Centre Courts), Dubai, United Arab Emirates.
12.3. This Agreement and the relationships arising in connection with its performance are governed by the laws of the Dubai International Financial Centre (DIFC). To the extent that DIFC law does not address a particular matter, the laws of the Emirate of Dubai and applicable UAE federal law shall apply.
13. MISCELLANEOUS
13.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.2. This Agreement is drafted in and shall be construed in accordance with the English language.
13.3. Section headings are for reference only and do not affect the interpretation of their content.
13.4. The current version of the Agreement is published on the Website at [WEBSITE URL]. Previous versions are maintained in the Owner's archive.
13.5. Owner's details: COLLABO TECH LTD, License No: CL12226, Unit IH-00-01-03-OF-05, Level 3 IH-00-01CP-05, Dubai International Financial Centre, Dubai, United Arab Emirates, e-mail: [info@elastix.one].
Version dated 01 April 2026
