Terms of Service

Introduction

Welcome, and thank you for your interest in Elegix. These Terms of Service are a legally binding contract between you and Elegix regarding your use of the Elegix mobile application and related services (collectively, the “Service”). Elegix is currently in development; when released, the Service will be available on the Apple App Store and Google Play Store.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

By downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, the following terms and conditions, including Elegix’s Privacy Policy (together, these “Terms”). If you do not agree to the Terms, then you do not have our permission to use the Service.

Arbitration Notice. Except for certain kinds of disputes described in Section 19 (Dispute Resolution), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and Elegix are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

1. Service Overview

Elegix offers a mobile life balance application available on a freemium model. The free tier provides access to core features at no cost. The “Premium” tier provides access to additional features via an auto-renewing paid subscription, processed through the Apple App Store or Google Play Store, as applicable.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization, the individual accepting these Terms represents and warrants they have authority to bind that organization.

3. Accounts and Registration

To access certain features of the Service, you must register for an account. You may register using your Apple or Google account, or by creating a separate account with your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe your account is no longer secure, please contact us immediately at hello@elegix.net.

4. Payment Terms

4.1 Pricing

Elegix reserves the right to determine pricing for the Service. Current pricing is displayed within the app and on the relevant App Store or Play Store listing. All applicable taxes are calculated at checkout based on your location. Elegix may change the price of any feature of the Service and will provide you with reasonable advance notice of such changes before they apply.

4.2 Authorization

By initiating a purchase, you authorize Apple or Google (as applicable) to charge the applicable fees to your payment method on file. All payments are processed entirely by the respective platform provider. Elegix does not directly process or store your payment card details.

4.3 Subscription Service

Premium features are available via auto-renewing subscriptions. When you activate a subscription, the relevant platform provider will periodically charge your payment method on a recurring basis (monthly or annually, as selected) until you cancel. Your subscription will automatically renew unless cancelled before the end of the current billing period. You must cancel your subscription through your Apple ID or Google account settings to avoid being charged for the next billing period.

4.4 Refunds

All fees are non-refundable except as required by applicable law or as expressly provided by Apple or Google under their respective refund policies. Refund requests must be directed to the platform through which the purchase was made.

4.5 Delinquent Accounts

Elegix may suspend or terminate access to the Service for any account where fees owed to a platform provider result in your subscription being cancelled or lapsed.

5. Free and Premium Tiers

Users may sign up for a free account to access the core features of the Service. The Premium tier provides access to additional features and is available via subscription. Elegix does not represent or guarantee that any specific Premium feature will become available in the free tier. You may upgrade to Premium at any time through the in-app purchase flow.

6. Beta Features

6.1 Generally

From time to time, Elegix may offer you the opportunity to try features that are not yet generally available (“Beta Features”). Beta Features may be designated as beta, preview, or experimental. You may use Beta Features solely for evaluation purposes and agree to provide Elegix with feedback upon request.

6.2 Beta Usage Data

You acknowledge and agree that Elegix may collect anonymous data regarding your use and performance of the Service in connection with Beta Features. Elegix may use such data to improve the Service.

6.3 Beta Disclaimer

Beta Features may be incomplete, unstable, or contain errors. Elegix may discontinue any Beta Feature at any time without notice. Your use of Beta Features is at your own risk. ALL BETA FEATURES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.

7. Licenses

7.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Elegix grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a mobile device that you own or control, solely for your personal, non-commercial use.

7.2 License Restrictions

Except as expressly authorized by Elegix or required by applicable law, you may not: (a) copy, reproduce, or distribute the Service; (b) modify or create derivative works of the Service; or (c) interfere with or circumvent any feature or security mechanism of the Service.

7.3 Feedback

If you provide suggestions or feedback regarding the Service, you grant Elegix an unrestricted, perpetual, irrevocable, royalty-free right to use that feedback for any purpose, including improving the Service.

8. Ownership; Proprietary Rights

The Service and all content, features, software, design, graphics, and other materials provided by Elegix (“Materials”) are owned by Elegix or its licensors and are protected by intellectual property laws. Except as expressly authorized by Elegix, you may not use the Materials. All rights not expressly granted are reserved by Elegix.

9. Third-Party Terms

9.1 Third-Party Services

The Service may allow you to connect or export data to third-party services. By using such integrations, you agree that Elegix may transfer data to those third-party services. Third-party services are not under Elegix’s control, and Elegix is not responsible for their privacy practices or content.

9.2 Third-Party Software

The Service may include open-source or third-party software components. Your use of those components may be subject to separate license terms, which are not restricted by these Terms.

9.3 App Store Terms

Your use of the Service is also subject to the terms and conditions of Apple Inc. or Google LLC (as applicable) for their respective app marketplaces. In the event of a conflict between these Terms and the applicable marketplace terms, the marketplace terms shall govern with respect to your relationship with that marketplace provider. See also Section 22 (Notice Regarding Apple) below.

10. User Content

10.1 User Content Generally

The Service may allow you to create, upload, store, or share content such as text, notes, images, or other data (“User Content”). You retain any copyright and other proprietary rights you hold in your User Content.

10.2 License Grant to Elegix

By providing User Content to or via the Service, you grant Elegix a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and distribute your User Content solely as necessary to provide and improve the Service.

10.3 Representations and Warranties

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your User Content is not unlawful, defamatory, harassing, or otherwise objectionable.

10.4 User Content Disclaimer

Elegix does not control User Content and is not responsible for it. Elegix may, at its discretion and without notice, remove or block any User Content that violates these Terms or is otherwise objectionable.

11. Communications

11.1 Push Notifications

When you install the app, you may opt in to receive push notifications. You can manage or disable push notifications at any time through your device’s settings.

11.2 Email

We may send you transactional emails related to your account and, where you have opted in, promotional emails about the Service. You may opt out of promotional emails at any time by following the unsubscribe link in the email or by contacting us at hello@elegix.net.

12. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

• (a) use the Service for any illegal purpose or in violation of any applicable law or regulation;
• (b) harass, threaten, or otherwise harm any other user of the Service;
• (c) infringe or misappropriate any third-party intellectual property or other rights;
• (d) interfere with security-related features of the Service, including by reverse engineering or attempting to discover source code;
• (e) upload viruses, malware, or other harmful code, or interfere with the operation of the Service or any user’s enjoyment of it;
• (f) perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation;
• (g) sell or transfer your access rights or any rights to use the Service or Materials; or
• (h) attempt, assist, or encourage any of the above.

13. Intellectual Property Complaints

If you believe that content on the Service infringes your intellectual property rights, please contact us at hello@elegix.net with the following information:

• An electronic or physical signature of the rights owner or an authorized person;
• A description of the work you claim has been infringed;
• A description of where the allegedly infringing material is located within the Service;
• Your contact information (address, phone number, and email address);
• A statement that you have a good faith belief that the use is not authorized by the rights owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf.

Elegix will promptly terminate the accounts of users determined to be repeat infringers.

14. Modification of These Terms

We reserve the right to change these Terms at any time. If a change materially modifies your rights or obligations, we will notify you through the app or by email before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

15. Term and Termination

15.1 Term

These Terms are effective beginning when you accept them or first use the Service, and remain in effect until terminated.

15.2 Termination

If you violate any provision of these Terms, your authorization to use the Service and these Terms automatically terminate. Elegix may also, at its sole discretion, suspend or terminate your account or access to the Service at any time, with or without notice. You may terminate your account at any time by contacting us at hello@elegix.net.

15.3 Effect of Termination

Upon termination: (a) your license rights will terminate and you must stop using the Service; (b) you will lose access to your account and any associated User Content; and (c) all provisions of these Terms that by their nature should survive termination will survive.

16. Modification of the Service

Elegix reserves the right to modify, suspend, or discontinue the Service or any features at any time, temporarily or permanently, without notice. Elegix will have no liability to you for any such modification, suspension, or discontinuation.

17. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Elegix and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party rights; or (d) your User Content.

18. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ELEGIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELEGIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ELEGIX’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO ELEGIX (VIA THE APPLICABLE APP STORE) IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $50 (USD 50).

20. Dispute Resolution

20.1 Informal Resolution

Before filing any formal legal claim, you agree to contact Elegix at hello@elegix.net and attempt to resolve the dispute informally. Most concerns can be resolved this way.

20.2 Arbitration

If we cannot resolve a dispute informally, you and Elegix agree to resolve it through binding individual arbitration rather than in court, except as set out in Section 20.3. You waive the right to a jury trial and the right to participate in any class action or representative proceeding.

20.3 Exceptions

Either party may bring an individual claim in small claims court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent harm pending arbitration.

20.4 Governing Law

These Terms are governed by the laws of Ukraine, without regard to conflict-of-law principles. Subject to Sections 20.2 and 20.3, any dispute that goes to court will be heard by the courts of Ukraine. Elegix is operated by Eduard Korytskyi, an individual entrepreneur (FOP) registered in Lutsk, Ukraine. If you live in the EU or UK, this does not take away the protection you have under the consumer laws of your country.

21. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Elegix regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Elegix’s failure to enforce any provision of these Terms will not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without Elegix’s prior written consent. Elegix may assign these Terms without restriction.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
• Contact: For questions about these Terms, contact us at hello@elegix.net.

22. Notice Regarding Apple

If you download the Service from Apple’s App Store, the following additional terms apply. You acknowledge that these Terms are between you and Elegix only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Service or its content.

• The license granted to you for the Service is limited to a non-transferable license to use it on Apple-branded devices you own or control, subject to the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support services for the Service.
• In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
• Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.