Effective as of March 24, 2021

These Terms of Use (this “Agreement”) is a legal agreement between you (“you”) and Elara Care Limited,(“Company,” “we” or “us”) for use of the Elara Care mobile application, the website (elara.care), the servers used by the application, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the “App”). This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply.

Acceptance of Terms

Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not access or use the app. 

We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

Registration and Eligibility

To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at elara.care/privacy-policy/ (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company and that you will update that information promptly after it changes.

To create an account and access the App, you must be at least 13 years old (16 years old in EU) and not barred from using the App under applicable law.

If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, at our sole discretion.

Your Use of the App

Any content you submit through the App is governed by the Company’s Privacy Policy elara.care/privacy-policy/. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you shall not:

а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;

1. modify, reverse engineer, decompile or disassemble the App;
2. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorisation of the Company;
3. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
4. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
5. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
6. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
7. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
8. use your Account to engage in any illegal conduct;
9. upload to transmit any communications that infringe or violate the rights of any party;
10. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or
11. upload 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 this website.

Any such forbidden use shall immediately terminate your license to use the App.

Children’s Privacy and Age Restrictions

We are committed to protecting the privacy of children.

You should be aware that this App is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.

If you are a European Union resident, you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow the use of the App by European Union residents younger than 16 years old. 

You must be at least 18 years old to use some features of the App (e.g., some courses, content, or discussion topics in Secret Chats).  

If you are aware of anyone that does not comply with these limitations, please contact us at support@elara.care, and we will take steps to delete or terminate her account.

Export and Economic Sanctions Control

The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations.

Limited License to the App

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.

All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@elara.care.

To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, a compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.

Use at Your Own Risk

Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.

Use by Minors Disclaimer

The information within the app does not incite, induce or otherwise promote any sexual behavior or activity among minors and does not direct the content of communication to any particular person. All information provided within the app is for general education purposes only. 

We carefully examine the materials that we make available via the App to people between 13 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is admissible to minors.

We neither intend nor publish sexually explicit content or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.

Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law. 

Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name, and passwords; (2) authorise, monitory, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at support@elara.care. You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties use or misuse of information transmitted or received using the App.

Wellness Information

The Elara Care App aims to provide helpful information to individuals in relation to their wellbeing. This includes information relating to nutrition, fitness, moods, dietary supplements, and general wellness. The dietary supplements may be produced by Elara Care or produced and made available by third parties on that third party’s website.

We aim to tailor this information in relation to each individual user, to help individuals find information that we feel may be relevant to them. However, the information provided on the Elara Care App and Services, including the website, does not constitute health or medical advice and is not tailored to you or any particular individual.

You acknowledge and agree that all information and materials provided via the Elara Care App and Services, including in relation to nutrition, fitness, moods, dietary supplements and wellness, whether provided by Elara Care or third parties, is provided for general information purposes only. Any advice or information provided via the Elara Care App or Services should not be relied upon as being correct or appropriate for you.

Although we frequently consult with third party professionals (such as gynecologists, nutritionists, and endocrinologists) when curating the content on the Elara Care App and Services, this content has not been evaluated by medical professionals or medical bodies and is not intended to diagnose, treat, cure or prevent any illness, condition or other physical or mental health issues. It is not intended to be, and should not be used in the place of, the advice of medical professionals or any information provided on any product packaging or label. For advice on medical, health, and wellbeing issues you should always consult your doctor or other qualified healthcare professional.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or content made available via the Elara Care App or Services.

Warranty Disclaimer

While we will aim to maintain an uninterrupted service through the Elara Care App and Services, it is provided on an “as is” basis and we do not promise that your access to the Elara Care App or Services will be delivered uninterrupted, securely, in a timely manner or error-free, or that the Elara Care App or Services will be free from viruses or other harmful properties.  We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.

From time to time, we may carry out maintenance of the Elara Care App or Services which may result in certain parts of the Elara Care App or Services becoming unavailable.

While we try to make sure that the Elara Care App and Services are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties.  

We reserve the right to modify or discontinue temporarily or permanently all or part of the Elara Care App or Services, with or without notice, without liability for any modification or discontinuance.

Limitation of Liability

Notwithstanding any other provision, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are dissatisfied with the Elara Care App, the Services, or any of these Terms of Use, your sole remedy under these Terms of Use shall be to discontinue use of the Elara Care App and Services.

Other than as set out in this ‘Limitation of liability section, and notwithstanding any other provision of these Terms of Use, we shall not be liable in contract, tort (including negligence), statutory duty, misrepresentation, or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use.

All conditions, warranties, and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

We shall have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, or loss of data you may suffer in connection with your use of the Elara Care App, the Services, or any materials available through the Elara Care App or Services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect losses.  Accordingly, some of the above limitations of liability may not apply to you.

To the extent that any limitation or exclusion of liability in these Terms of Use proves ineffective, our maximum aggregate liability under or in connection with these Terms of Use (including your use of the Elara Care App and Services) whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100.

Use of Mobile Devices

Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.

Third-Party Services

The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements. 

Closing Your Elara Care Profile

You can uninstall the Elara Care App at any time, using the functionality within the Elara Care App or your mobile device. Please note though that uninstalling the app will not automatically result in the closure of your Elara Care Profile. To close your Elara Care Profile, navigate to the Settings tab > My Data tab within the Elara Care app and select ‘Delete my data’. Email us at support@elara.care with any questions.

We reserve the right to terminate or restrict your access to the Elara Care App and Services at any time without notice for any reason whatsoever. Where possible, we will endeavor to provide you with notice of any such termination or restriction of access.

Your Feedback

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

Enforcement Rights

We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.

The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.

Changes to the App

From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between you and us.

We are an independent service provider for all purposes when carrying out our obligations under these Terms of Use. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.

These Terms of Use constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.  

These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.  

Nothing in these Terms of Use seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.

Making a Complaint

If you have any complaints about the Elara Care App or any of the Services we provide, you should contact us at support@elara.care and we will try and resolve it as soon as possible.

Notice and Takedown Procedures

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:

а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., App page) of an authorised version of the work.

1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
2. Your name, address, telephone number and (if available) e-mail address.
3. A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
4. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorised representative.

In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.

Questions and Comments

If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at support@elara.care