Terms of Service

Effective Date: May 9, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at eltexsoft.com (the “Site”), operated by Icemint LLC, a Wyoming limited liability company doing business as EltexSoft (“EltexSoft,” “we,” “us,” or “our”). By accessing or using the Site, you (“you” or “User”) agree to these Terms. If you do not agree, do not use the Site.

These Terms govern Site use only. Any software engineering, consulting, development, or other professional services delivered by EltexSoft to a client are governed by separately executed written agreements (such as a Master Services Agreement or Statement of Work). Nothing in these Terms forms a service engagement, a proposal, or any commitment to provide professional services.

1. About EltexSoft

EltexSoft is a business-to-business (“B2B”) software engineering studio. We design, build, and operate software systems for organizational clients. The Site is an informational and inquiry channel for prospective and existing clients. The Site is not a consumer e-commerce platform, an online marketplace, or a transactional service.

2. Eligibility

You represent that you are at least 18 years of age and that you are accessing the Site on behalf of yourself in your individual capacity or on behalf of an organization you are authorized to represent. You may not use the Site if you are barred from doing so under applicable law.

3. Intellectual Property

The Site, including all text, graphics, logos, images, layout, code, and other content (collectively, “Site Content”), is owned by or licensed to EltexSoft and is protected by copyright, trademark, and other intellectual-property laws. The “EltexSoft” name and logo are trademarks of Icemint LLC.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view Site Content for the purpose of evaluating EltexSoft’s offerings or contacting EltexSoft about a potential engagement. You may not:

(a) reproduce, distribute, publicly display, or publicly perform Site Content except as necessary to view it in a standard web browser;

(b) modify, adapt, translate, or create derivative works of Site Content;

(d) remove, obscure, or alter any copyright, trademark, or other proprietary notices;

(e) use any data-mining, scraping, or similar extraction tool to harvest Site Content; or

(f) use Site Content to train, fine-tune, or evaluate any machine-learning model or system without our prior written consent.

Any submission you make to EltexSoft through the Site (for example, a message sent through the contact form) — excluding any pre-existing intellectual property of yours, and excluding personal data, which is governed by the Privacy Policy — is provided to EltexSoft on a non-confidential, royalty-free, perpetual, irrevocable basis for the purpose of responding to your inquiry and operating our business.

4. User Conduct

When using the Site, you agree not to:

(a) use the Site in violation of any applicable law or regulation;

(b) attempt to gain unauthorized access to any portion of the Site, any associated systems, or any user account or data;

(d) interfere with or disrupt the Site, including by transmitting malware, denial-of-service traffic, or excessive automated requests;

(e) impersonate any person or entity or misrepresent your affiliation;

(f) submit content that is unlawful, defamatory, harassing, fraudulent, or that infringes the rights of any third party;

(g) use the Site or any contact channel to send unsolicited bulk communications, spam, or any communication for the purpose of generating sales leads in a manner that violates applicable anti-spam law;

(h) frame, mirror, or otherwise embed the Site without our prior written consent; or

(i) circumvent any access control or rate limit imposed on the Site.

We may investigate suspected violations and take any action we deem appropriate, including blocking access, preserving evidence, and cooperating with law-enforcement authorities.

5. Third-Party Links and Services

The Site may link to third-party websites, services, or resources. EltexSoft does not control these third parties and is not responsible for their content, policies, availability, or practices. Your use of any third-party site or service is at your own risk and subject to that third party’s terms.

6. Disclaimers

THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELTEXSOFT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Site Content is provided for general informational purposes. It does not constitute professional, legal, financial, or technical advice. Any decision you make based on Site Content is at your own risk. Communications through the Site do not create any professional or contractual relationship except as expressly set forth in a separately executed written agreement.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELTEXSOFT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELTEXSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELTEXSOFT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section apply to the maximum extent permitted by applicable law, even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless EltexSoft and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit through the Site.

9. Dispute Resolution

9.1 Application of This Section

This Section governs any dispute, claim, or controversy arising under or relating to these Terms, the Site, or any related communications or interactions between you and EltexSoft (each, a “Dispute”). This Section applies regardless of whether the Dispute sounds in contract, tort, statute, or any other legal theory. As used in this Section, “Claimant” means the party asserting a Dispute, and “Respondent” means the party against whom a Dispute is asserted.

9.2 Pre-Dispute Notice Requirements

Before initiating any formal dispute resolution process under this Section, Claimant shall send Respondent a detailed written notice of the Dispute by email to [email protected] with delivery confirmation, with a copy by certified mail to Icemint LLC d/b/a EltexSoft, Attn: Legal, at the postal address most recently published on the Site or registered with the Wyoming Secretary of State. The notice shall include all of the following:

(a) Claimant’s full legal name and current postal address;

(b) all email addresses Claimant has used in connection with the Site;

(d) the specific URL or URLs accessed;

(e) the approximate timestamps of the access;

(f) the device type, operating system, and browser used;

(g) the IP address or addresses used to access the Site, if known to Claimant;

(h) a factual basis for Claimant’s standing to bring the Dispute;

(i) a specific description of the conduct alleged and the harm alleged;

(j) the legal theory or theories on which the Dispute is based;

(k) the nature of Claimant’s fee arrangement with counsel, if any, including whether the representation is on a contingency, fee-sharing, referral, or hourly basis, the rate or percentage applicable, and the identity of any third party providing funding or financing in connection with the Dispute; and

(l) a list of all claims, demands, formal complaints, or arbitration proceedings filed by Claimant within the 24 months preceding the notice that assert substantively similar legal theories or arise from substantively similar conduct, including the names of respondents and the disposition of each.

A notice that omits any of the foregoing is procedurally deficient. The dispute resolution timelines under this Section shall not commence until a compliant notice is received. The disclosures required by subparts (k) and (l) are intended to enable good-faith assessment of the Dispute and to enable any arbitrator to screen for fraud, abuse, or improper purpose.

9.3 Informal Resolution Period

Within 60 days of Respondent’s receipt of a compliant notice under Section 9.2, the parties shall engage in informal resolution discussions. Such discussions shall include not fewer than two principal-level meetings, each attended by a principal of Claimant and a principal of Respondent. The parties shall coordinate scheduling in good faith, with Respondent making available a reasonable slate of dates within the 60-day period and Claimant selecting available dates from that slate. Meetings may be conducted by video conference. Claimant may be accompanied by counsel or an authorized representative. Failure of Claimant to participate in good faith in the required meetings is a material procedural defect, and no arbitration may be commenced unless and until the requirement is satisfied or expressly waived in writing by Respondent.

9.4 Binding Arbitration

Any Dispute that is not resolved through the process described in Sections 9.2 and 9.3 shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules. Filings with any other arbitration provider shall be deemed procedurally deficient and shall not commence the arbitration. The arbitration shall be conducted by a single arbitrator. Venue for any in-person component of the arbitration shall be selected by Respondent, provided that the venue is reasonably convenient to Claimant; video proceedings shall be permitted at the election of either party.

9.5 Pre-Merits Threshold Review for Good Faith

As a threshold matter and prior to merits adjudication, the arbitrator is authorized to consider, on the arbitrator’s own motion or on motion of a party, whether the Dispute was brought in good faith or bears indicia of fraud, abuse, or improper purpose. In conducting such review, the arbitrator may consider, without limitation, the disclosures provided pursuant to Section 9.2, the specificity and accuracy of the notice provided pursuant to Section 9.2, the conduct of the parties during the informal resolution process required by Section 9.3, the existence of substantively similar claims previously filed by Claimant or Claimant’s counsel, and any other information relevant to the good faith of the Dispute. If the arbitrator finds, by a preponderance of the evidence, that the Dispute was brought in bad faith or for improper purpose, the arbitrator may dismiss the Dispute and may award reasonable fees and costs to Respondent, in each case to the maximum extent permitted by applicable law and the rules of the arbitration provider. This Section is intended to enable fraud screening and shall not be construed to limit Claimant’s ability to assert a good-faith Dispute on the merits.

9.6 Costs and Fees

Each party shall bear its own attorneys’ fees and costs except as otherwise provided in these Terms or required by applicable law. To the maximum extent permitted by applicable law and the rules of the arbitration provider, Claimant shall be responsible for the costs and fees associated with the arbitration; in any event, the allocation of arbitration fees shall comply with the consumer-protection floors imposed by the arbitration provider’s consumer rules.

9.7 Class-Action Waiver

Each party may bring claims against the other only in such party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. If any portion of this class-action waiver is found to be unenforceable as to a particular Dispute, that Dispute shall proceed in a court of competent jurisdiction (subject to all other terms of these Terms, including without limitation Section 9.10), and the arbitration agreement set forth in Sections 9.4 through 9.6 and 9.8 through 9.9 shall be null and void as to that Dispute. The class-action waiver in this Section 9.7 is non-severable from the arbitration agreement; severance of the class-action waiver from the arbitration agreement is not permitted.

9.8 Carve-Outs from Arbitration

Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction in Cheyenne, Wyoming for: (a) injunctive or other equitable relief to prevent or stop infringement, misappropriation, or unauthorized use of intellectual property; (b) collection of undisputed amounts due; or (c) any other claim that, as a matter of law, may not be subject to pre-dispute arbitration. The pendency of any such court action shall not affect the parties’ obligations under Sections 9.2 through 9.7 with respect to any other Dispute.

9.9 Survival

The obligations of Sections 9.2 through 9.8 survive termination of these Terms.

9.10 Governing Law and Venue

These Terms and any Dispute shall be governed by the substantive laws of the State of Wyoming, without regard to that State’s conflict-of-laws principles. Any Dispute that is not subject to arbitration under this Section, or that escapes the arbitration agreement for any reason, shall be brought exclusively in the state or federal courts located in or nearest to Cheyenne, Wyoming. Each party consents to the personal jurisdiction and venue of such courts for any such Dispute and waives any objection based on inconvenient forum or lack of personal jurisdiction.

9.11 Severability

If any provision of this Section 9 is held unenforceable, the unenforceable provision shall be severed and the remaining provisions shall remain in full force and effect, provided that the class-action waiver in Section 9.7 is non-severable from the arbitration agreement as set forth in that Section. Where any provision is held unenforceable in part, the provision shall be enforced to the maximum extent permitted by applicable law.

10. Termination

EltexSoft may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including without limitation any actual or suspected violation of these Terms. Upon termination, all rights granted to you under these Terms cease immediately. Sections 3, 6, 7, 8, 9, 11, 12, 13, and 14 survive termination.

11. Changes to These Terms

EltexSoft may revise these Terms from time to time. The revised version will be posted on the Site with an updated “Effective Date.” Your continued use of the Site after the Effective Date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The severability rule for Section 9 (Dispute Resolution) is set forth in Section 9.11 and controls over this Section as to that Section.

13. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy and any other policies referenced herein, constitute the entire agreement between you and EltexSoft regarding your use of the Site and supersede any prior or contemporaneous understandings on that subject. These Terms do not modify, supersede, or affect any separately executed written agreement between you (or your organization) and EltexSoft governing professional services.

14. Miscellaneous

(a) Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. EltexSoft may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

(b) No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

(c) Notices to you. We may provide notices to you by posting on the Site, by email if you have provided an email address, or by any other reasonable means.

(d) Headings. Section headings are for convenience only and do not affect interpretation.

(e) Force majeure. EltexSoft is not liable for any failure or delay in performance to the extent caused by events outside our reasonable control.

15. Contact

Questions about these Terms should be directed to:

Icemint LLC d/b/a EltexSoft Attn: Legal Email: [email protected] Website: https://eltexsoft.com