Updated: May 31, 2023

Ello Terms of Service

  • Introduction

    1. Welcome to Ello! Your use of our services, including the services we make available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all products, software or services offered by Ello in connection with any of those (the “Services”) is governed by these terms of service (the “Terms”), so please carefully read them before using the Services.  For the purposes of these Terms, “we,” “our,” “us,” and “Ello” refer to Ello Technology, Inc., the providers and operators of the Services.
    2. In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
    3. Persons under 18 years of age may use the Services only in conjunction with and under the supervision of a parent or legal guardian. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect to your child’s use of the Services. 
    4. You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Ello or any of its affiliates regarding future functionality or features.
    5. If you have entered into a separate written agreement with Ello for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement.
    6. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ELLO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
    7. BY USING, DOWNLOADING, INSTALLING, PURCHASING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, PURCHASE OR OTHERWISE ACCESS THE SERVICES. 
    8. CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES.  IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
  • Description of Services

    1. Ello provides a book delivery service paired with a real-time automated reading assistance application (the “Ello App”). Our goal is to offer high quality children's books, along with a virtual companion and coach to read alongside. 
    2. Every month, we send you a different selection of curated children’s books (the “Monthly Package”), the timing and contents of which depends on the package you have chosen and the age ranges you select for your child (“Books”). Each of the Books we provide can be read alongside the Ello App during the term of your subscription, for an enhanced reading experience.
    3. You will be allowed to read the books for a period of one month with your children, and you may mail to us any books (in mint condition), which you do not want to purchase.  Alternatively, you may choose to purchase any of the books we send you by keeping them.  Books that you return will no longer be accessible on the Ello App.
    4. Note that if you access the Ello App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Ello App features may be prohibited or restricted by your network provider and not all Ello App features may work with your network provider or device.
  • Your Account

    1. In the course of registering for or using the Services, you may be required to provide Ello with certain information, including your name, email, phone, valid U.S. mailing address, credit card information, child’s first name, child’s grade and reading level, child’s interest, username and password (“Credentials”). Ello handles such information with the utmost attention, care and security. Nonetheless, you, not Ello, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Ello promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Ello of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Ello immediately.
  • Ello Subscription -  Shipments & Returns

    1. After you’ve signed up for an Ello Subscription, we will send you Books each month chosen by Ello. You will be able to read them in your own home and see what you and your family likes. You can decide to keep all, some or none of the Books in the shipment, and we will charge you for the items you keep as described in the Service Fee and Payment section (below).  
    2. As a subscribed Ello member, you authorize us to charge you for the shipment in accordance with these Terms of Service. As explained in the Service Fee and Payment section, you are responsible for: (i) the Service Fee for any shipment that is not cancelled with the required notice and (ii) the price of any Books that are not returned in accordance with our policies. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States and U.S. territories) or it is to an address that we determine has a history of fraudulent purchases. We may decline to accept your request for a shipment for any reason. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Books will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Books to a common carrier.
    3. Returns/Rejections.  We submit our books to you as an offer to purchase. If you want to reject any of the Books in your shipment, simply place them back in the mailer we provide and mail them back to us in mint condition at no cost to you. Any returned Books must be postmarked no later than one month after you receive the package (the “Return Date”). You agree that keeping any Books in the shipment or by not postmarking the return shipment back to us by the Return Date constitutes your acceptance of our offer to purchase such Books, and we will charge your Account for those Books (at a rate of $5.00 per retained Book) any time after that day. Any exceptions permitting a return postmarked longer than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Ello. Products must be returned in mint condition, as determined by Ello in its sole discretion.  We cannot guarantee that you will be able to exchange or replace any Books in a particular shipment.  PLEASE NOTE THAT OUR SCHEDULING OF A SHIPMENT IS AN OFFER TO PURCHASE THE BOOKS IN THE SHIPMENT, WHICH YOU MAY RETRACT BY RETURNING THE BOOKS YOU DON'T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR PAYMENT OF THE SERVICE FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE SHIPMENT. 
  • Ello Subscription - Service Fee & Payment

    1. When we ship you your shipment of Books each month, we will charge you a non-refundable “Service Fee” based on the subscription option you choose when you sign up. The Service Fee will be charged to your credit card or other payment method associated with your Account. No changes can be made to your initial shipment after the order is placed. Once your order has been processed (initial or otherwise), it cannot be cancelled.  The Service Fee will NOT be credited towards the purchase price of any Books, and is non-refundable.
    2. Within one month of receiving your shipment, you must return any Books you don't want purchase, unless you chose a subscription option to keep the books up front. Otherwise you will be responsible for purchasing all Books not postmarked by the Return Date at a price of $5.00 per Book. Such amounts will be automatically charged to your credit card or other payment method associated with your Account.
    3. If you do not cancel your Ello Subscription before your subscription’s renewal date (which may be found in your Account’s subscription management page), we will assume you are requesting the next month’s shipment, and therefore, you agree to the Service Fee being charged to the card on file on a recurring basis until you cancel the subscription. IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE YOUR SUBSCRIPTION’S RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
    4. You may cancel your subscription by emailing us at to support@helloello.com stating "I want to stop receiving Books" from the email address then currently associated with your account. Upon cancelling your account, you will still be responsible for paying us for any Books not returned in your previous shipments. 
    5. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
    6. For your convenience and benefits as a member, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership, if applicable, should you wish to discontinue paying the recurring Service Fee and receiving Books for consideration of purchase.
    7. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Ello the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Ello will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
    8. You are responsible for the payment of any Service Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible to pay the applicable use taxes.
  • Damaged Books

    1. In the event that Books are returned to us in a damaged condition, and are not returnable to the publisher in saleable condition, you will be charged $5.00 for such Books. We reserve the right to cancel any account for any reason, including the regular return of damaged materials. We are not responsible for Books damaged in transit.
    2. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates.
    3. Replacement of Books and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion.
    4. Repeated claims of undelivered merchandise may result in the cancellation of your membership or refusal to process future transactions. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.
  • Content

    1. A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Ello or its suppliers (“Ello-Supplied Content”). While Ello strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Ello cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Ello-Supplied Content. 
    2. You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.” 
    3. You agree that you are solely responsible for (and that Ello has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Ello may suffer) in connection with such User Content.  If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.  Furthermore, you acknowledge that Ello does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Ello be liable in any way for any such Content.
    4. Ello may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Ello may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Ello may also delete the User Content as of that date.  User Content that is deleted may be irretrievable.  You agree that Ello has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.  
    5. Ello reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Ello. In the event that you elect not to comply with a request from Ello to take down certain Content, Ello reserves the right to directly take down such Content.
    6. By submitting, posting or otherwise uploading User Content on or through the Services you give Ello a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
    1. with respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
    2. with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private chat messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose of enabling Ello to provide you with the Services, and for the limited purposes stated in our Privacy Policy.
  • Proprietary Rights

    1. You acknowledge and agree that Ello (or Ello’s licensors) own all legal right, title and interest in and to the Services and Ello-Supplied Content and that the Services and Ello-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  
    2. Except as provided in Section 8, Ello acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Ello, you agree that you are responsible for protecting and enforcing those rights and that Ello has no obligation to do so on your behalf.
  • License from Ello and Restrictions on Use

    1. Ello gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services solely for your personal, non-commercial use, in the manner permitted by these Terms.
    2. You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Ello, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
    3. You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    4. You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties
    5. You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
    6. You may not access the Services for the purpose of bringing an intellectual property infringement claim against Ello or for the purpose of creating a product or service competitive with the Services.  You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.
    7. You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Ello, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
    8. Please note that we do not promote, recommend or condone use of the Services during other activities, such as the operation of machinery, where there is any risk of accident.
  • Privacy Policies

    1. These Services are provided in accordance with our Privacy Policy, which can be found at www.ello.com/privacy You agree to the use of your User Content and personal information in accordance with these Terms and Ello’s Privacy Policy.
  • User Generated Content

    1. Ello may work with its users from time to time to collect photos, videos, and other content that you create. If you choose to share this content with Ello, you will be asked to read and sign a document that includes the following language.
    1. Rights. When we refer to "UGC," it includes any images, text, videos, quotes, and/or other materials included in your content. If you chose to share them, this also includes your name, likeness, image, user name, social media handle, avatar, or other identifier utilized by a website or social media platform. You hereby grant Ello, our affiliates, and Ello's and our affiliates' licensees, successors, agents and assigns (collectively "Licensees"), the absolute and irrevocable right and permission to reproduce, modify, publish, display, prepare derivative works, distribute and/or otherwise use your UGC in any manner, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or later invented, royalty-free, non-exclusive, worldwide, sublicensable, transferable, and in perpetuity, for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of Ello and/or its or its affiliates' products and services. This right to use your UGC also includes the right to change, edit and/or modify your UGC and any element and/or component thereof. You waive any right to inspect or approve use of UGC as described in these UGC Terms. You agree that all right, title, and interest in and to the finished product in which your UGC may appear, including the copyrights therein, shall vest exclusively in Ello. You agree that Ello does not owe you any compensation, payment, recognition, or royalties in connection with your UGC.
    1. Representations. You represent and warrant that you own all rights in and to the UGC you send to Ello and all elements and/or components thereof. If other individuals are identifiable in your UGC, you have obtained their permission to grant this license. You further represent and warrant that any testimonials or statements contained in your UGC are given by you voluntarily, are true and accurate, and reflect your honest opinions, findings, beliefs, experiences and sentiments. Finally, you represent that you are over the age of majority in your state of residence, have read and agree to these UGC Terms, and have the right to satisfy the obligations in these UGC Terms.
    1. Acknowledgement and Release. To the greatest extent allowed by law, you hereby agree to release, hold harmless and not assert any claim of any nature whatsoever against Ello or its Licensees relating to the exercise of the permissions granted pursuant to these UGC Terms, including, but not limited to, any claim of copyright infringement, libel, slander, defamation, invasion of privacy or right of publicity or any other right. You waive all claims against Ello and its Licensees and will indemnify them from any and all claims arising out of your breach or alleged breach of any of the above representations and/or warranties.
    1. Waiver and Severability. These UGC terms will remain effective unless we agree otherwise in writing. If any provision of these UGC Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, you and we agree that such provision will be eliminated or limited to the minimum extent possible so that the remaining provisions of these UGC Terms remain in force.
    1. Changes to the UGC Terms. Ello may revise and update these UGC Terms from time to time in our sole discretion. All changes will become effective immediately when we post them. These terms were last updated August 23, 2022. For more information, please visit our website at www.ello.com.
  • Modification and Termination of Services

    1. Ello is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Ello provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.  Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
    2. You may terminate these Terms at any time by canceling your account on the Services in which case these Terms will still be valid for the subscription time you have already paid for. You will not receive any refunds if you cancel your account.
    3. You agree that Ello, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Ello will not be liable to you or any third party for such termination.
    4. You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
    5. Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  • Changes to the Terms

    1. These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
  • DISCLAIMER OF WARRANTY

    1. ALL CONTENT MADE AVAILABLE THROUGH THE ELLO APP IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
    2. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, AT ELLO'S DISCRETION.
    3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES, ALONG WITH ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    4. ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
    5. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ELLO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  • LIMITATION OF LIABILITY

    1. SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    2. THE LIMITATIONS ON ELLO’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ELLO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    3. SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ELLO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
  • Indemnification

    1. You agree to hold harmless and indemnify Ello, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Ello and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
  • Copyright Policy

    1. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

      DMCA Notice of Alleged Infringement (“Notice”)
    1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. 
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Third-Party Content

    1. The Services may include references or hyperlinks to other web sites or content or resources or email content. Ello has no control over any web sites or resources which are provided by companies or persons other than Ello.
    2. You acknowledge and agree that Ello is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that Ello is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  • Third Party Software

    1. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
    2. If the Ello App is downloaded by you from the Apple App Store or Google Play Store, your use of the Ello App must comply with the applicable Apple App Store or Google Play Store Terms of Use. Additionally, you and Ello acknowledge that (i) the Terms are concluded between you and Ello only, and not with Apple or Google, (ii) neither Apple nor Google are responsible for the Ello App or the contents thereof, (iii) Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Ello App, (iv) Ello, not Apple or Google, is responsible for addressing any claims from you or any third party relating to the Ello App or your possession and/or use thereof, including product liability claims, any claim that the Ello App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation, (v) Apple, Google, and their subsidiaries are third-party beneficiaries of the Terms with respect to the Ello App, and they shall have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof with respect to the Ello App, and (vi) Ello, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Ello App.
  • Feedback

    1. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ello under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
  • Disputes

    1. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ello and limits the manner in which you can seek relief from us.
    1. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  Except for small claims disputes in which you or Ello seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND ELLO, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.  YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST ELLO THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.
    2. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@helloello.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.
  • Miscellaneous

    1. These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Ello to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Ello must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
  • Contact Us

    1. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@helloello.com
    2. When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.
    3. By using the Services, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).