Terms & Conditions

ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS

This page states the terms and conditions forming the agreement under which you may use the websites, products, services, hardware, mobile and desktop applications, APIs, other software, and tools carrying ELOGHD brand name (the "Products") owned and offered by Asuns Corporation ("Asuns"). Please read this page carefully, because it describes your rights and responsibilities. If you do not accept this Terms of Use Agreement ("the Agreement"), you should not use the Products. By accessing or using any of the Products, you understand, acknowledge, and agree that you have read, will abide by, and agree to be bound by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). This Agreement will remain in full force and effect as long as you are a user of the Products and in the event of termination of any product, service, or feature, you will still be bound by your obligations under this Agreement and any Additional Terms, including any indemnifications, warranties, and limitations of liability. The Products' Additional Terms and Privacy Policy are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the Products you choose to use, the Additional Terms shall govern.

We may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of the Products immediately upon posting. Your continued use of the Products shall be deemed acceptance of those revisions. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing or using the Products for any reason. You agree to ensure that anyone who uses any of the Products on your computer, mobile device, or other hardware abides by this Terms of Use Agreement.

TRADEMARKS AND SERVICE MARKS

All product or service names and other marks not owned by Asuns are the property of their respective owners. Access to the Products does not confer upon you any license under any of Asuns' or any third party's intellectual property rights.

PRIVACY POLICY

To subscribe for and/or use various features of the Products, you will be asked to provide certain true, complete, and current Personal Information, as defined in the Privacy Policy. All Personal Information and any additional type of information collected from users in general are subject to our Privacy Policy, which is incorporated by reference into this Agreement. For more information, see our official Privacy Policy.

You further agree that Asuns may save and archive any content of any nature uploaded or posted using the Products and that Asuns may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes.

SECURITY

You are responsible for keeping your personal login information safe and for keeping your email and mailing addresses current in your Account Profile. Asuns will never ask for your account password but may ask for your username or other personal information to verify your identity.

SUPPORT AND MAINTENANCE

Asuns throughout the Term, makes no guarantee regarding person to person support or maintenance. There are certain times during which the system may be unavailable while Asuns performs maintenance and other repairs on the Products. Asuns is not liable for any inconvenience, costs, claims, damages, or causes of action caused by the Products being down for maintenance or repair.

HARDWARE

CONSENT TO USE OF DATA

You agree that Asuns may collect and use technical data and related information-including but not limited to technical information about your vehicle, mobile device, fleet management system, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services provided to you related to the Products. You acknowledge and agree that the Products are designed to record certain vehicle and duty status information over time. In order to do so, the Products uploads to a database maintained by or for Asuns certain data, including but not limited to, you motor vehicle data, location data, duty status data, inspection data, personal and account information, vehicle information, fleet information, shipping information, and hours of service information. You authorize Asuns to collect this information and use it to provide the Products to you and other individuals linked to your account. You further authorize Asuns to use aggregated data for research and commercial purposes in a manner that does not reveal any personal information about you. You represent and warrant that you have the right to transmit the information and to grant this authorization. You agree that this authorization to Asuns is worldwide, irrevocable, perpetual, transferable, and fully paid-up.

LIMITATIONS OF USE

You are not, and will not permit others, to use the Products to copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Products. You are not, and will not permit others, to use the Products to disrupt or interfere with the use or enjoyment of others accessing or using the services, harass, violate the privacy of, or otherwise abuse other parties or entities using the Products. You are not, and will not permit others to rent, lease, lend, sell, redistribute, or sublicense the Products. You are not, and will not permit others to use the Products to collect data via any software, product, or Service provided herein other than in a manner contemplated by this agreement. You are not, and will not permit others to transmit any malicious code, virus, or other harmful, disruptive, or destructive files.

TERMINATION

You may terminate this Agreement at any time via e-mail sent to support@eloghd.com and ceasing to use the Products. Your rights under this Agreement will be terminated immediately with or without notice if you do not comply with all of the terms of this Agreement. Asuns reserves the right to terminate this Agreement at any time, with or without notice, for any reason or for no reason. You understand and acknowledge that the rights and provisions in these Terms will survive the termination of this agreement, including all accrued rights to payment and Asuns' right to store, use, and transfer your data as allowed in these Terms. In the event that Asuns terminates your account, for no reason, Asuns will refund a pro-rated amount of price you paid for the Products.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ASUNS, THE PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. ASUNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASUNS DOES NOT WARRANT THAT THE PRODUCTS OR THE FUNCTIONS CONTAINED IN ANY SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE PRODUCTS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PRODUCTS IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE PRODUCTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ASUNS IS NOT RESPONSIBLE FOR THOSE COSTS. ASUNS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PRODUCTS, DESIGN, GRAPHICS AND ARTWORK, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS.

INDEMNIFICATION

You understand, acknowledge, and agree to defend, indemnify, and hold harmless Asuns and its corporate affiliates, successors and assigns, suppliers and their respective officers, directors, employees, representatives, and agents, or others involved in creating, promoting, or otherwise making available the Products from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, in connection with or arising out of your use or misuse of the Products, your violation of these Terms, your violation of any rights of another, or otherwise arising out of your use of the Products in any manner. Asuns will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit, or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with Asuns in asserting any available defenses.

FORCE MAJEURE

Asuns shall not be liable for non-performance or delay in performance of any of its obligations under these Terms or loss or damage of any Products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of sub-contractors or sub-suppliers, shortage of labour or materials, confiscation or any other event (whether or not similar in nature to those specified) outside the reasonable control of Asuns.

MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE PRODUCTS

Asuns reserves the right, at its sole discretion and at any time, to modify or discontinue any of the offered Products or services, on a temporary or permanent basis, with or without notice. You understand, acknowledge, and agree that Asuns will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Products.

CLASS ACTION WAIVER

ANY LAWSUIT ARISING FROM THESE TERMS OR ACCESS TO OR USE OF THE PRODUCTS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTIONS, LAWSUITS, ARBITRATIONS, OR OTHER PROCEEDINGS ARE NOT PERMITTED. YOU AND ASUNS AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN YOUR RESPECTIVE INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

ARBITRATION

AT ASUNS' SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING ILLINOIS LAW.

GOVERNING LAW AND JURISDICTION

ALL MATTERS RELATING TO THE PRODUCTS AND THESE TERMS, AND ANY DISPUTE OR CLAIM ARISING FROM THEM OR RELATED TO THEM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES THEREOF, AND ANY ACTION RELATED TO THE PRODUCTS AND THESE TERMS MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED WITHIN KANE COUNTY, ILLINOIS. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

CONTACT INFORMATION

If you have any questions regarding this Agreement, please contact Asuns via email at support@asuns.com, or contact:

Asuns Corp.
611 South 8th Street, Suite 1123,
West Dundee, IL 60118, USA

These Terms & Conditions were last updated on July 22, 2021 and is effective immediately.