Terms of service
Last updated: 15 August 2026
ELMOF is a tool. It calculates with what you enter and turns it into invoices, payslips and statements. Whether the figures are right, whether the invoice goes out and whether the tax return is correct is your responsibility. Ours is that the app does what is described in the store and here.
Your data sits on your device. There is no ELMOF server holding a second copy. If the device is lost and you have no backup, the data is gone; we cannot restore it either.
1. Who sets these terms
Elmof-Pekic, Wirzboden 5, 6370 Stans, Switzerland. The subscription is purchased through the App Store or Google Play; their terms apply to the purchase as well (section 6).
2. What ELMOF is and is not
ELMOF is business software: quotes, invoices, projects with hours and materials, receipts, payroll, VAT and the income and expenditure statement.
ELMOF is expressly not: not tax, legal or accounting advice, not an accountant and no substitute for one, and no assurance that bookkeeping, a payslip or a tax return produced with it will be accepted by an authority.
The app currently keeps single-entry books only (income and expenditure). Anyone required by Art. 957 CO to keep proper accounts with a balance sheet cannot use ELMOF for that.
Where the app calculates, it says what it calculates with. Where a figure is missing, it leaves the field empty and says so instead of estimating. Withholding tax rates and similar values are guide figures; the rate set by the competent authority always prevails.
3. Your responsibility
3.1 The accuracy of your entries
The app calculates with what you enter. Wrong amounts, wrong accounts, a wrong tax rate or mistyped hours produce a wrong result. Checking the figures remains with you.
3.2 Everything your business sends out
Invoices, quotes, reminders, payslips, salary certificates, work reports and tax statements are created in the app but go out under your name. Check every document before you send or file it.
3.3 Your statutory obligations
Bookkeeping, retention (Art. 958f CO: ten years), reporting, accounting and tax obligations remain yours. ELMOF reminds you of deadlines where it knows them; you must not rely on those reminders.
3.4 Your backups
ELMOF stores your data solely on your device. There is no account and no server of ours holding a second copy.
The data is therefore irretrievably lost if: the device is lost, stolen or broken; the app is deleted or the device reset; you forget the PIN and no longer have the recovery code; you lose the code for an encrypted backup file.
The app offers an encrypted backup and reminds you about it. Creating it regularly and keeping it somewhere safe is your job. We can neither reset your PIN nor open a backup file without your code, not out of unwillingness but because it is technically impossible.
3.5 The data of your customers, suppliers and staff
For the personal data you enter in ELMOF, you are as a rule the controller under data protection law, not us. That follows from the design: we have no access to it at any time.
3.6 Lawful use
You will not use ELMOF for unlawful purposes, will not attempt to circumvent subscription limits, and will not share your access so that more businesses work with it than your subscription covers.
4. Our responsibility
We owe you a working app: ELMOF conforms to the description in the store and here; we fix reported defects within a reasonable time and deliver the fix as an update; we do not pass on your data and set up no access to it.
What we cannot promise: that the app is free of defects, that it runs without interruption, that it will work with every future version of iOS or Android, or that any particular business or tax outcome will follow.
5. Trial period
Every company you create has 30 days free from the day it is created. After that, existing data remains viewable; new entries require an active subscription. The private area is free permanently.
6. Subscription, price, cancellation
The subscription is bought through the App Store or Google Play and runs on your account there. A subscription covers a chosen number of companies and renews automatically by one month until you cancel.
Cancellation, payment method and refunds are managed in your app store account, not with us. We have no access to them and can neither cancel nor refund. Cancellation takes effect at the end of the current billing period. We announce price changes in advance; the price paid applies for the current period.
7. Liability
There is deliberately no blanket exclusion of liability here. Such a clause would be void under Art. 100 CO in any case. Instead, liability is tiered:
We are liable without limitation for intent and gross negligence and for injury to life, body or health.
For slight negligence we are liable only for breach of essential obligations and limited in amount to the foreseeable damage, at most to the subscription fees paid in the twelve months before the damaging event.
We are not liable for damage arising from incorrect or incomplete entries, for tax consequences, fines and back payments, or for data loss to the extent that a reasonable, regular backup would have prevented it.
Mandatory statutory liability, in particular under product liability law, remains unaffected.
8. Availability, changes, termination
We keep developing ELMOF. Features may be added, changed or removed. If a feature you rely on is removed, we say so with reasonable notice. You can stop using it at any time: cancel the subscription, delete the app. Your data is with you anyway.
9. If you are a consumer in the EU
ELMOF is aimed at businesses. If you are nonetheless a consumer, the following also applies:
Your mandatory statutory rights take precedence over these terms. No clause here restricts them.
Warranty: we are under the statutory obligation to supply digital content in conformity with the contract and to provide updates (Directive (EU) 2019/770). If the app is not in conformity, you have the statutory rights to have it brought into conformity, to a price reduction or to terminate.
Withdrawal: a 14-day right of withdrawal generally applies to digital content. As the purchase runs through Apple or Google, you exercise it there; the refund is handled by the respective store.
Jurisdiction: you may sue us at your place of residence, and we may sue you only there. The choice of law in section 11 does not deprive you of the protection of mandatory provisions of your country of residence.
Dispute resolution: we are neither obliged nor willing to take part in proceedings before a consumer arbitration body. Your right to go to court is unaffected.
10. Apple and Google
These terms are between you and us, not between you and Apple or Google. We alone are responsible for the app, not the store operators. They provide no support for the app and are not liable for it; claims regarding the app are directed to us. Apple Inc. and its subsidiaries are third-party beneficiaries of these terms and entitled to enforce them against you.
11. Governing law and place of jurisdiction
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Stans, canton of Nidwalden. For consumers, section 9 applies: their home jurisdiction and mandatory home law prevail.
12. Changes to these terms
If we change these terms, we say so in the app. If you do not object to a material change within 30 days and continue to use the app, the change is deemed accepted. If you do not agree, you may cancel; the previous terms continue to apply to periods already paid for.
13. Severability
If a provision is invalid, the remainder stays valid. The statutory rule takes the place of the invalid provision.