Terms of Service

Last updated on May 11, 2022

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These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Elefunc, a Delaware corporation with its principal place of business at 651 N Broad St, Suite 201, Middletown DE 19709 USA (“Elefunc”). Elefunc operates RTCode.io (the “RTCode Site”) and the Code creation service therein. By using the RTCode Site and any services accessible from the RTCode Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the RTCode Site or any services or products offered on the RTCode Site or on any other platform, including mobile applications, offered by Elefunc (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Elefunc reserves the right to refuse service to anyone for any reason at any time. By being a member and using RTCode, you agree to everything on this page. We have to do this to protect both you and us and make running this business possible. If you break these terms, you can’t use RTCode anymore.

#Your Account

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In order to open an account on the RTCode Site (the “Account”), you must (i) agree to these Terms of Service, and (ii) provide any other information required by Elefunc during the registration process. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and password. Elefunc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, code, features, comments, graphics or text that you may post on the RTCode Site (the “Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Any information submitted by you shall be subject to Elefunc’s Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted. Your account is your responsibility. If your account is compromised we’ll try to help, but we can’t guarantee we can fix any damages.

#Our License to You

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Elefunc hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the RTCode Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the RTCode Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the RTCode Site. All rights not expressly granted to you are reserved by Elefunc and its licensors. You shall not (i) modify or make derivative works based upon the RTCode Site; (ii) reverse engineer or access the RTCode Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the RTCode Site, or (c) copy any features, functions or graphics of the RTCode Site. You further acknowledge and agree that, as between the parties, Elefunc owns all right, title, and interest in and to the RTCode Site, including all intellectual property rights therein. Don’t copy RTCode itself.

#Your License to Us

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By submitting, posting or displaying Content on the RTCode Site, you grant Elefunc and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Specifically, the MIT license. If you specifically save a Code as private in RTCode, and that Code has never been public on RTCode or anywhere else, the code in that particular Code is unlicensed. Public Codes you build on RTCode are MIT licensed, meaning other people are free to use it for whatever they like as long as that is also MIT licensed. Don’t put anything on RTCode where that wouldn’t be OK. Private Codes are un-licensed so that you may apply your own license and retain direct ownership.
You agree that this license includes the right for Elefunc and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Elefunc or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. People don’t have to pay you to use the things you make on RTCode.
Elefunc may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. People can fork your work and modify it.
Additionally, by uploading Content to the RTCode Site, you warrant, represent and agree that you have the right to grant Elefunc the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Elefunc reserves the right in its discretion to remove any Content from the RTCode Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. Don’t put nasty or copyright-infringing things on RTCode.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Elefunc will not be responsible or liable for any use of your Content in accordance with these Terms of Service. Don’t use RTCode to do bad things. If you do, we’ll remove your account and you personally are responsible for any trouble you cause.

#Your Responsibilities

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The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and Elefunc. You need to be 18 or older to sign up for RTCode. We need these rules to be legally binding and you have to be 18 or older for that to be possible.
Elefunc relies upon parents or guardians 18 years of age or older to determine if the RTCode Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are under 13, you can’t use RTCode (sorry).
If you are 13 or over but under 18, have your legal guardian sign up for you.
As a condition of your use of the Services, you agree to (a) provide Elefunc with true, accurate, current and complete information as prompted by the RTCode registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. Don’t lie on the sign up form.
You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the RTCode Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. Follow all laws that apply to you, based on where you live or anything else.
You shall: (i) notify Elefunc immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Elefunc immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. If your account is hacked, let us know right away.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the RTCode Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the RTCode Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the RTCode Site. You shall also be responsible for the use, and maintaining the security, of the Equipment. BYO electricity, internet, computer, web browser, etc.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Elefunc be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere. We don’t monitor every single thing on RTCode. It’s up to you to do right.

#Impermissible Acts

As a condition to your use of the RTCode Site, you agree not to:

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upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group; Don’t be a jerk.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Don’t be a jerk.
phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services; Don’t be a jerk.
phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments; Don’t be a jerk.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the RTCode Site; Don’t be a jerk.
upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights; Don’t be a jerk.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Don’t be a jerk.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Don’t be a jerk.
use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the RTCode Site; Don’t be a jerk.
reverse engineer, decompile or disassemble any of the software used to provide the RTCode Site; Don’t be a jerk.
reproduce, duplicate or copy or exploit any other portion of the RTCode Site, without the express written permission of Elefunc; Don’t be a jerk.
interfere with or disrupt the RTCode Site, or any servers or networks connected to the RTCode Site, or disobey any requirements, procedures, policies or regulations of networks connected to the RTCode Site; Don’t be a jerk.
obtain, collect, store or modify the personal information about other users; Don’t be a jerk.
modify, adapt or hack the RTCode Site or falsely imply that some other site is associated with the RTCode Site or Elefunc; or Don’t be a jerk.
use the RTCode Site for any illegal or unauthorized purpose. You must not, in the use of the RTCode Site, violate any laws in your jurisdiction (including but not limited to copyright laws). Don’t break laws.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Elefunc, its users and the public. We might pop into your account to help with a support request, but we otherwise don’t go snooping around.

If we are legally required to provide information to the government that they request, we will, but not otherwise.

#Feedback

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In the course of using the RTCode Site, you may provide Elefunc with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the RTCode Site (collectively “Feedback”). You hereby grant Elefunc a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback. If you send us an idea, we might use it, in which case it’s protected by all the same rules on this page.

#Payment, Refunds, Upgrading and Downgrading

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A valid credit card is required for paying Accounts. The RTCode Site is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. All sales final.
Depending on the subscription term you choose, you will be billed for your first month or year immediately upon signing up for a paying Account. After signing up for a paying Account, if you selected monthly billing you will be billed monthly starting on the 30th day after your subscription was initially created. If you selected annual billing, you will be billed annually on the 365th day after your subscription was initially created. You will be billed for your first month or year immediately upon upgrading to a paying Account or a higher level Account. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged a pro-rated fee for the new level and subsequent renewals billed at the full rate for the chosen plan level. If you are on a monthly PRO plan, we re-bill automatically every 30 days. If you are on an annual plan, we will re-bill automatically every 365 days.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein. If you’re required to pay taxes on the purchase of a RTCode PRO plan, that’s on you.
DOWNGRADING YOUR RTCODE SITE PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. ELEFUNC DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS. If you downgrade from PRO to free, you won’t have access to the PRO features anymore.

#Violation of these Terms of Service

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Elefunc reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Elefunc may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Elefunc has no obligation to pre-screen or monitor your access to or use of the RTCode Site or any information, materials or other content provided or made available through the RTCode Site, but has the right to do so. You hereby agree that Elefunc may, in the exercise of Elefunc's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable. We will delete anything that violates these rules. We have the right to take legal action against violations of these rules.

#Cancellation and Termination

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You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account and going to the Settings page, the Profile tab, and clicking the Delete Account link and confirming the dialog box. You may cancel your payment plan but keep your account by logging in, going to the Settings page, the PRO account tab, and clicking the Cancel Plan link. An email or phone request to cancel your account shall not result in cancellation. If you don’t want a RTCode account anymore, it’s up to you to delete it. You can do it right from the site.
Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from RTCode once your Account is cancelled. Please be aware that RTCode may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. If you delete your account, everything in it is gone forever.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period. If you are a PRO user and delete your account, you will not be re-billed.
Elefunc, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Elefunc may refuse to provide you any current or future use of the RTCode Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from RTCode once your account is terminated; however RTCode may for a time retain residual information in our backup and/or archival copies of our database. Don’t use RTCode for asset storage for non-RTCode things.

#Modifications to the RTCode Site and Prices

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Elefunc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the RTCode Site and Service (or any part thereof) with or without notice. The last thing we plan on doing is shutting down, but if we have to we have to.
Prices of all RTCode Sites, including but not limited to monthly subscription plan fees to the RTCode Site, are subject to change upon 30 days notice from Elefunc. Such notice may be provided at any time by posting the changes to the RTCode Site. If we change prices we’ll give you 30 days of notice first.
Elefunc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the RTCode Site. Hopefully any change we make to the site is for the better, but if we change something you don’t like, it will be up to you to decide if you want to stay on.
Elefunc reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current RTCode Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the RTCode Site after any such changes shall constitute your consent to such changes. This page might change from time to time. We’ll let you know through the in-app notification system of any major changes.

#Copyright and Content Ownership

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All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of Elefunc and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the RTCode name or any of the RTCode trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Elefunc or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services. The things you make on RTCode are yours, “RTCode” is ours.

#Notification of Claims of Infringement

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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Elefunc’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at support@RTCode.io.

Please provide our Agent with a notice including:

  • Identification of the material on the RTCode Site that you claim is infringing, with enough detail so that we may locate it on the RTCode Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.
 If you need to report a copyright infringement, drop us a line.

#Disclaimer of Warranties

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THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE RTCODE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. ELEFUNC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ELEFUNC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ELEFUNC DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE RTCODE SITE WILL BE CORRECTED. ELEFUNC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. ELEFUNC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ELEFUNC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE RTCODE SITE. There might be downtime. There might be bugs. The features might not always meet your exact needs.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE RTCODE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT. You use RTCode by your own free will and are responsible for your own actions.
Technical support is only provided to paying Account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. We actually respond to emails from any user the best we can, but with priority given to PRO users.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. If you live somewhere where this doesn’t apply, it doesn’t apply.

#Limitation of Liability

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UNDER NO CIRCUMSTANCES SHALL ELEFUNC OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR RTCODE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ELEFUNC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR RTCODE SITE, FROM INABILITY TO USE THE SERVICES OR RTCODE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR RTCODE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). We can’t be liable for misuse of RTCode or for RTCode not meeting your needs.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR RTCODE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ELEFUNC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. For example, if you try and somehow run a business through RTCode and we have some downtime, we can’t be responsible for your loss of profit.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If this doesn’t apply to you because of where you live, it doesn’t apply to you.
Without limiting the foregoing, under no circumstances shall Elefunc or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Should a meteor strike the Earth right at our data center, we might go down.

#Indemnification

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You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Elefunc and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into RTCode including infringement of intellectual property laws or civil or criminal claims. Elefunc shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. If you get in trouble with the law for something you did on RTCode, that’s on you and you agree that it isn’t Elefunc itself’s fault. If we receive notification of an infringement by you, we’ll pass it along to you.

#General

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These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Elefunc.

Questions about the Terms of Service should be addressed to support@RTCode.io.

Questions about billing should be addressed to support@RTCode.io.

If part of these terms are in conflict with laws in your region, the rest of the terms still apply. Any questions, hit us up.