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Terms of service

Elvo provides software as a service that offers a shared inbox, communication, and messaging tools for teams. The following terms and conditions apply to the service:

Background

By using the service of Elvo lausnir ehf. (hereinafter "Elvo"), the business (hereinafter "the client") agrees to the following terms and conditions. By accepting these terms and conditions on behalf of the client, the person confirms that they are authorized to do so.

The Service

  1. The service includes a shared inbox, communication, and messaging tools for teams working with service, sales, accounting, and other customer communications.
  2. Elvo shall provide the client access to the aforementioned service for the duration of the service agreement.
  3. Elvo shall provide necessary technical maintenance and updates to ensure the service functions properly.
  4. Elvo shall ensure the security of the service and the processed data from a technical perspective. Further information regarding the security measures implemented by Elvo can be found at elvo.is/security.
  5. Elvo shall ensure that the service is available to the client at a minimum of 99% of the time in each calendar month, with the following exceptions: (i) downtime due to client's inaction or technical issues; (ii) previously defined and notified downtime of at least one week in advance; (iii) downtime caused by circumstances beyond Elvo's control.
  6. Technical support through email and messaging system is included in the service. Support needed because of technical faults on Elvo's side is also included. Any other technical support or training, such as by phone, video conference, or in person, is subject to Elvo's price list at any given time.

Pricing and Payment Terms

  1. The price of the service and the number of included users are set out in the client's service agreement or, for standard subscription tiers, in Elvo's price list. Prices for other service components, such as add-ons, are according to Elvo's price list at any given time.
  2. Elvo issues an invoice at the end of each calendar month in which the service is provided. The payment deadline is the 15th day of the following calendar month. After that, overdue interest will be charged. If payment has not been received within 10 days after the payment deadline, Elvo is authorized to suspend the service or terminate the service agreement without prior notice, provided that written notification of such action has been sent to the client.
  3. Amounts are exclusive of VAT unless otherwise stated. Amounts in offers and agreements are subject to annual adjustments (every 12 months) based on changes in the consumer price index during the same period. The base index is the consumer price index at the time when the offer is issued or the subscription begins.

Termination Clause

  1. The service agreement is valid from the date the client signs it or accepts these terms and remains in effect until either party terminates it. Termination takes effect at the end of a calendar month.
  2. Termination notice period: (i) For standard subscription tiers according to Elvo's price list, there is no termination notice period. (ii) For custom subscriptions, i.e. subscriptions where a quote from Elvo has been accepted, there is no termination notice period for the first three months of the subscription period. After that, the termination notice period for custom subscriptions is three months from when the termination takes effect.
  3. The service agreement may be terminated without notice if either party: (i) significantly breaches its obligations and fails to remedy them within 30 days of written notice from the other party; (ii) undergoes payment default, financial restructuring, or bankruptcy.

User Rights

  1. Elvo grants the client the right to use the software-as-a-service for the duration of the service agreement. The client undertakes not to grant access to the service to anyone other than its own employees and contractors who work on its behalf.
  2. Each user account is for one named individual. A user account may not be shared between several people. The client may move a user account to another person, for example when an employee leaves. Shared addresses such as info@ or sales@ are connected to the service as mailboxes and do not need a user account of their own.
  3. Both parties are responsible for obtaining the necessary licenses and rights to fulfill their obligations under the service agreement.
  4. The client confirms and is responsible for having the necessary permissions and rights to store and process data sent to Elvo according to the service agreement.

Confidentiality

The parties undertake to respect confidentiality by not disclosing the content of the service agreement or any information obtained through it to third parties.

Personal Data

  1. To fulfill the service agreement, Elvo will process data containing personal information on behalf of the client. In such processing, the client is the data controller, and Elvo is the data processor. By entering into this agreement, the parties simultaneously enter into a data processing agreement, the terms of which are described at elvo.is/processing-agreement.
  2. Personal data belonging to the client will be processed by Elvo as the data processor. All such processing shall comply with applicable data protection laws and regulations.
  3. Elvo shall make its privacy policy accessible to anyone during the term of the agreement. The privacy policy can be found at elvo.is/privacy-policy.

Subcontractors

The parties are free to use subcontractors to handle the information they have access to due to the service agreement, as required, as long as the respective parties undertake to respect the provisions on confidentiality, data protection, and personal data processing in the same manner as the contracting parties.

Limitation of Liability

  1. Elvo is not liable for indirect or consequential loss, such as lost profits, lost revenue, loss of data or business interruption, arising from the use of the service or from the service being unavailable.
  2. Elvo's total liability towards the client under the service agreement is limited to the amount the client has paid Elvo for the service in the 12 months before the event that caused the loss.
  3. The limitations in this section do not apply to loss caused by Elvo's gross negligence or intent.

Governing Law and Disputes

  1. The service agreement and these terms are governed by Icelandic law.
  2. Disputes arising from the service agreement that the parties cannot resolve by agreement shall be brought before the District Court of Reykjavík (Héraðsdómur Reykjavíkur).

Changes to the Terms

  1. Elvo reserves the right to change these terms and conditions but shall notify the client of any changes at least 15 days in advance. Elvo shall notify the client of the changes via email and by making the updated terms accessible at elvo.is/terms-of-service.
  2. If the client does not reject a change to the terms within 15 days after receiving notification via email, the client is deemed to have accepted the amended terms. If the client rejects the amended terms within the specified period, such rejection shall be considered equivalent to termination of the agreement in accordance with the aforementioned provisions, and the terms that were last in effect between the parties with mutual consent shall apply during the notice period.