Terms of Service
Last updated: May 8, 2025
These Terms of Service (the "Terms") are a legal agreement between you ("User," "you," or "your") and Else, Inc., a California corporation with its principal place of business at 580 California St, Floor 12, San Francisco, CA 94104, United States ("Else," "we," "our," or "us"). These Terms govern your access to and use of the Else mobile and web application, its websites, software, documentation, and any related services (collectively, the "App").
By downloading, installing, registering for, or otherwise using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the App.
1. Eligibility
You must be at least 13 years old (or the minimum legal age in your jurisdiction) and have the legal capacity to enter into a binding contract to use the App. If you are accessing the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Account Registration & Security
You may be required to create an account and provide accurate, current, and complete information.
You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account.
Notify us immediately at hello@else.so of any unauthorized use or security breach.
3. License & App Updates
Subject to your compliance with these Terms, Else grants you a limited, revocable, non‑exclusive, non‑transferable license to download, install, and use one copy of the App on a device you own or control for your personal or internal business purposes. Else may provide updates that must be installed to continue using the App; such updates are deemed part of the App and subject to these Terms.
4. User Content
"User Content" means any text, images, files, or other materials you upload, post, or transmit through the App.
License to Else: You grant Else a worldwide, royalty‑free, sublicensable license to host, store, reproduce, modify, and display User Content solely to operate and improve the App.
Responsibility: You represent that you own or have rights to User Content and that it does not infringe any third‑party rights or violate any law.
Removal: Else may remove or disable access to any User Content at its discretion.
5. Prohibited Conduct
You agree not to:
Violate any applicable law or regulation.
Infringe intellectual property or privacy rights.
Upload viruses, malicious code, or engage in activity that disrupts the App.
Reverse‑engineer, decompile, or attempt to discover source code except where permitted by law.
Use automated scripts (bots, scrapers) without prior written consent.
Access the App to build a competing product or service.
6. Fees & Payment (if applicable)
If you purchase paid features, you agree to pay all fees, taxes, and charges as described at the time of purchase. Payments are processed by our third‑party payment processor, and additional terms may apply. Prices are subject to change with reasonable prior notice.
7. Intellectual Property
The App and all content (excluding User Content) are owned by Else or its licensors and are protected by intellectual property laws. Except for the limited license granted in Section 3, you acquire no right, title, or interest in the App.
8. Third‑Party Services
The App may link to or integrate third‑party services. Else does not control these services and is not responsible for their content or practices. Your use of third‑party services is at your own risk and subject to their respective terms.
9. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. ELSE DOES NOT WARRANT THAT THE APP WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELSE, ITS DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. ELSE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE AMOUNT YOU PAID TO ELSE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases, the above limitations apply to the fullest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Else and its affiliates from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or misuse of the App.
12. Termination
Else may suspend or terminate your access to the App at any time, with or without notice, for conduct that Else believes violates these Terms or is otherwise harmful to Else, other users, or third parties. Upon termination, Sections 7–15 of these Terms will survive.
13. Modifications to Terms or App
Else may modify these Terms or the App at any time. We will provide reasonable notice of material changes (e.g., by updating the "Last updated" date or through in‑App notifications). Your continued use of the App after changes become effective constitutes acceptance.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict‑of‑laws principles. Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in San Francisco, California. YOU AND ELSE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS‑ACTION PROCEEDINGS. Notwithstanding the foregoing, Either party may seek injunctive or equitable relief in a court of competent jurisdiction for the protection of intellectual property or confidential information.
15. General Provisions
Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Else regarding the App.
Severability: If any provision is held unenforceable, the remaining provisions will remain in full force.
Assignment: You may not assign these Terms without Else’s prior written consent. Else may assign its rights and obligations freely.
No Waiver: Failure to enforce any provision is not a waiver of future enforcement.
16. Contact
If you have questions about these Terms, please contact us:
Else, Inc.
580 California St, Fl 12
San Francisco, CA 94104, USA
Email: hello@else.so
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.