Terms of Service

By downloading document images (Content) or accessing and using either the driveaxleapp.com web site or any related services of Eleos Technologies, LLC (“Eleos”), (collectively “Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Eleos 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 Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://driveaxle.com/terms

Violation of any of the terms below will result in the termination of your Account. While Eleos prohibits such conduct and Content on the Service, you understand and agree that Eleos cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

This Agreement shall be governed by and construed under the laws of the State of South Carolina, without regard to that state’s conflict of laws principles. You agree that any dispute arising related to the Service shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Programmatically processing emails containing Content or links to Content is not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
5. You are responsible for maintaining the security of your account and password. Eleos cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. One person or legal entity may not use a free service to receive Content at more than one email address.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. You will be billed monthly or annually starting on the day your account was initially created.
3. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. 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.
5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, prorated for the time remaining in your billing cycle.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Eleos does not accept any liability for such loss.
7. Exceeding the stated page limits in a given month will result in an overage fee being assessed and charged to your account on a per-page basis, as specified by your plan. This may appear as a separate charge on your credit card statement. Acceptance of these terms implies authorization for Eleos to collect these fees.
8. You are solely responsible for keeping your payment information up to date. Your account will be cancelled if we are unable to charge your credit card due to expiration, cancelation, insufficient funds or lack of authorization.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Cancel link when logged into your account administration panel.
2. All of your Content may be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Eleos, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Eleos service, for any reason at any time. Such termination of the Service 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. Eleos reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Eleos reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Drive Axle Site (driveaxleapp.com) or the Service itself.
3. Eleos shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content transmitted via the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
2. We claim no intellectual property rights over the material you receive via the Service.
3. Eleos does not pre-screen Content, but Eleos and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright©2011-2020 Eleos Technologies, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Eleos.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only provided via email unless a separate agreement is in place.
3. You understand that Eleos uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Eleos, or any other Eleos service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Eleos.
6. We may, but have no obligation to, remove Content and Accounts receiving Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Eleos customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If you do not have a paid subscription and your volume of Content received exceeds 1,000 pages/month or significantly exceeds the average volume (as determined solely by Eleos) of other Eleos customers, we reserve the right to immediately disable your account or throttle your Content throughput until your throughput volume is acceptable.
11. You understand that your Content will be stored until the limit of your plan’s retention policy is reached, or until your account is terminated or cancelled, at which point Eleos Technologies may delete your Content at its sole discretion.
12. You understand that Eleos is under no obligation to preserve Content for free accounts and may delete it at its sole discretion.
13. Eleos 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, (v) or that any errors in the Service will be corrected.
14. You expressly understand and agree that Eleos shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eleos has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) the loss of Content; (vi) or any other matter relating to the Service.
15. In no event will the aggregate liability for any and all of Customer’s claims against Eleos and its contractors and licensors arising out of or related to the Service exceed the value paid for usage of the Service during the 12-month period prior to the date a claim is made. Customer agrees that this limitation of liability represents a reasonable allocation of risk.
16. The failure of Eleos to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Eleos and govern your use of the Service, superceding any prior agreements between you and Eleos (including, but not limited to, any prior versions of the Terms of Service).
17. You understand that Eleos personnel will on occasion examine document images and other information to assess the quality of various phone cameras, to assess the quality of image enhancement processes, and for general quality control purposes.
18. All disputes arising related to the Service will be resolved through the following binding arbitration process: 1) Each party will appoint a lawyer to represent them in choosing an arbitrator. 2) The appointed lawyers will, together, choose another lawyer to serve as arbitrator. 3) The appointed arbitrator will spend no more than three hours reviewing memos presented by the parties and delivering a written decision to settle the dispute. The arbitrator’s decision shall be binding.
19. Questions about the Terms of Service should be sent to support at EleosTech dot com.20