Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Elf 5 website and services operated by Elf 5, Inc. ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

Use of Our Services

Eligibility: You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Permitted Use: You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Distribute malicious software or engage in harmful activities
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our services

Account Security

Periscope uses email-based passcode authentication. You are responsible for:

• Maintaining the security of the email address associated with your account
• Not sharing authentication passcodes sent to your email
• Promptly notifying us if you receive unexpected passcodes or suspect unauthorized access attempts
• Ensuring your email address remains current and accessible
• All activities that occur using passcodes sent to your email address

We are not responsible for unauthorized access resulting from compromise of your email account, sharing of passcodes with others, or use of an insecure or shared email address.

Beta Program

Important: Periscope is currently in beta. By participating in our beta program, you acknowledge that:

• Beta products may contain bugs, errors, or incomplete features
• We may collect feedback and usage data to improve our products
• Beta access is provided "as is" without warranties of any kind
• We reserve the right to modify or terminate the beta at any time without notice
• The service may experience downtime, interruptions, or changes during the beta period

Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and trademarks, are owned by Elf 5 or our licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of our software.

User Content

You retain ownership of any content you submit to us. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and display such content solely for the purpose of providing and improving our services.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Access and Disclosure: We reserve the right to access, preserve, and disclose your account information and data if required by law or if we believe such action is necessary to: (a) comply with legal process or government requests; (b) enforce these Terms; (c) respond to claims of violation of third-party rights; or (d) protect the rights, property, or safety of Elf 5, our users, or the public.

Disclaimers and Limitations

Disclaimer of Warranties: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the maximum extent permitted by law, Elf 5 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether arising from:

• Your use or inability to use our services
• Services, applications, or data you expose through Periscope tunnels
• Unauthorized access to your tunnels or services due to your configuration choices
• Security vulnerabilities in services you make accessible through our platform
• Data breaches or exposure of sensitive information through tunnels you create
• Any actions taken by third parties who access services through your tunnels

User Responsibility: You are solely responsible for the security, configuration, and content of any services you expose through Periscope. You acknowledge that creating publicly accessible tunnels to local services carries inherent security risks, and you assume all such risks.

Liability Cap: In no event shall Elf 5's total aggregate liability arising out of or relating to these Terms or your use of our services exceed the greater of: (i) one hundred dollars ($100 USD); or (ii) the total fees paid by you to Elf 5 in the twelve (12) months immediately preceding the claim.

Indemnification

You agree to indemnify and hold harmless Elf 5 and our officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these Terms.

Termination

We may terminate or suspend your access to our services at any time, with or without cause or notice. Upon termination, your right to use our services will cease immediately.

Governing Law

These Terms are governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to conflict of law principles.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elf 5 regarding your use of our services.

Contact Information

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

Email: [email protected]