Ellē Terms of Service

Welcome and thank you for your interest in Elle! These Terms of Use (“Terms”) govern your access to and use of the services offered by Elle AI, Inc. (“we” or “us”) through Elle’s websites, apps, and any content, features, or resources made available or enabled through these platforms, along with other services provided by us (collectively, “Elle” or the “Service”). Please read these Terms carefully, and feel free to contact us if you have any questions. By accessing or using Elle, you agree to be bound by these Terms, our Privacy Policy, and any other supplemental terms related to the Service offerings you choose to access (collectively, the “Agreement”).

Arbitration Notice: These Terms include a binding arbitration clause and a class action waiver in Section 17. This provision affects your rights to resolve any disputes with Elle, and we encourage you to review it carefully. By creating an account, accessing, or using our services, you are agreeing to these Terms and our Privacy Policy, which is part of this Agreement. If you disagree with any part of these Terms, unfortunately, we won’t be able to offer you access to our services.

You should print a copy of the Terms or save them for your records. We reserve the right to determine how we provide notifications to you, and by using our service, you agree to receive legal notices electronically if we choose. We may revise this Agreement from time to time, and the latest version will always be available on our website. By continuing to access or use Elle after any revisions become effective, you agree to be bound by the updated Agreement. If you don’t agree to the revised Agreement, please discontinue using Elle and cancel your subscription as outlined in Section 13.

1. Our Services

Elle provides educational content to help users make informed decisions about their food and dining choices, focusing on nutrition and food labeling information. The Service offers tools, such as mobile applications, that allow users to scan and analyze food items, access detailed ingredient information, and tailor their shopping and dining experience based on personalized settings, including dietary preferences or restrictions. By using Elle, you can gain insights into the nutritional value of your food to support your general wellness and help you make healthier choices.

IMPORTANT DISCLAIMER: The Elle app is for informational purposes only and is not intended to provide medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding your health or dietary needs. Never disregard professional medical advice or delay seeking it because of information provided by the app

2. Eligibility

We use the information we collect for a variety of purposes aimed at enhancing your experience and ensuring the functionality of our Service:

You are at least 18 years old;

You have not previously been suspended or removed from the Service; and

Your use of the Service complies with all applicable laws and regulations.

The Service is intended for general wellness and is not equipped to manage or treat specific medical conditions. If you have any medical condition that may affect your use of the Service, including but not limited to eating disorders, we strongly encourage you to consult a healthcare professional before using Elle.

If you are using the Service on behalf of a company, organization, or other legal entity, you confirm that you have the authority to accept these Terms on its behalf and that the entity agrees to these Terms.

3. Accounts

To access most of the features on Elle, you will need to create an account. When you register, you’ll be asked to provide accurate and complete information, such as your name, email address and other relevant details. You can also sign-in through third-party services (e.g., Google, Apple Sign In). Either way, it’s important that you keep this information up to date as inaccurate details may affect the functionality of our Services and we may not be able to contact you with important notices, or assist you in managing your account and recovering it if needed.

You are responsible for keeping your account secure, including your password, and you accept responsibility for any activity that happens under your account. If you believe your account has been compromised or accessed without your permission, please notify us immediately. Sharing accounts or passwords is not permitted, and we may suspend or terminate accounts if we suspect any misuse or inaccurate information provided during registration. In short, please don’t create an account using a false identity or on behalf of someone else, and if there’s an issue with your account, let us know right away.

4. Service Updates

Our Services are constantly evolving, and we need the flexibility to make changes, launch new products or features, impose limits, or occasionally suspend or terminate certain aspects of the Service. As part of these changes, we may provide updates, which could include improvements, modifications, bug fixes, or new features (collectively referred to as "Updates"). Certain features of the Service may not function properly if you don’t install the required updates, and you agree to allow automatic Updates when necessary.

The form and functionality of the Services may change frequently, and we may update the Service with or without notifying you. By continuing to use the Service, you acknowledge and agree that the Terms will also apply to any Updates we provide. Additionally, we reserve the right to change, suspend, or discontinue any or all parts of the Service at any time, including limiting access to certain features, databases, or content, without prior notice or liability. While we strive to offer ongoing updates and support, there may be times when certain features or functionality are no longer available, and we appreciate your understanding in those situations.

5. Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and may monitor, suspend, or terminate your account or access to the Services at any time.

While we are not obligated to monitor accounts or activity, we reserve the right to do so in connection with any use of our Services. This includes activities that may expose us, our users, or any third party to risk or legal liability. If we determine, at our sole discretion, that you are in violation of these Terms, have created potential risk, or have acted in a way that goes against the spirit of the platform, we may deactivate, suspend, or terminate your account or access to certain features.

This can also happen in response to legal requests, discontinuation or significant changes to our Services, or due to unexpected technical issues. While we will strive to notify you via email or upon your next login if such actions are taken, there may be instances where we have to act swiftly in the interest of protecting our platform and users.

6. Security

We take your security seriously and strive to protect your Personal Data, account, and any information you share on our platform. However, no system is completely secure, and we cannot guarantee that unauthorized third parties will never be able to bypass our security measures.

If you suspect that your account has been compromised, or if you notice any suspicious activity, please contact our Support Team immediately. Your prompt action can help us prevent further issues and secure your account.

7. User Content

7.1. User Content Definition

Certain features of the Elle platform may allow users to submit, upload, publish, or otherwise transmit content (“Post”) to the Service. This content can include, but is not limited to, messages, reviews, photos, videos, images, folders, data, text, and any other works of authorship or types of media (“User Content”). You retain any copyright and other proprietary rights you hold in the User Content that you Post to the Service, subject to the licenses you grant us under these Terms.

7.2. User Content License

By posting, uploading, or otherwise sharing your content (referred to as “User Content”) on or through Elle, you retain ownership of your content. However, you are granting us a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use, store, display, reproduce, modify, adapt, translate, distribute, and create derivative works from your User Content. This license includes the right to sublicense and transfer these rights to others, allowing us to use your User Content in connection with the provision, advertisement, marketing, and promotion of Elle across various media formats and platforms, whether known now or developed in the future.

You acknowledge and agree that:

1. We may format your User Content for display or modify it to ensure compatibility with our systems and devices.

2. We are under no obligation to provide credit or compensation for any User Content unless otherwise agreed in writing.

3. We may remove or alter any User Content at our discretion, particularly if it violates these Terms, our policies, or any applicable laws.

4. You will not post User Content that infringes on any third-party rights, including intellectual property rights, and you agree to compensate Elle for any legal disputes or damages that arise from such violations.

The rights you grant through this license are necessary for us to operate, improve, and offer the Services, and allow other users to interact with and benefit from your User Content in accordance with the functionality of the Service.

7.3. User Content Representation and Warranties

When you post, upload, or share User Content on or through Elle, you represent and warrant the following:

1. Ownership or Authorization: You are either the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to grant us and other users the rights to use and distribute your User Content as described in these Terms.

2. No Infringement: Your User Content does not infringe upon, violate, or misappropriate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property rights or proprietary rights.

3. No Violations: Your User Content will not:

Defame, slander, or libel any individual or entity;

Violate the privacy, publicity, or other rights of any person or entity;

Cause Elle to violate any applicable laws or regulations;

Require Elle to obtain any additional consents, licenses, or permissions from third parties, or to pay any royalties or fees to third parties for its use.

4. Appropriateness: Your User Content is not objectionable, indecent, profane, pornographic, harassing, threatening, hateful, embarrassing, or otherwise inappropriate.

You acknowledge and agree that you are solely responsible for any User Content you provide and the consequences that arise from posting it. Elle disclaims all liability related to User Content, and reserves the right to remove or restrict access to any User Content that violates these Terms, our policies, or any applicable laws.

7.4. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be responsible or liable for User Content in any way. However, at any time and without prior notice, we may screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms, is alleged to infringe upon the rights of third parties, or is otherwise objectionable.

You understand that by using the Service, you may be exposed to User Content from a variety of sources, and that User Content may be inaccurate, offensive, indecent, or otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Elle with respect to User Content.

If notified by a user or content owner that User Content allegedly violates these Terms, we may investigate the claim and, in our sole discretion, determine whether to remove the User Content, which we reserve the right to do at any time without notice.

For clarity, Elle does not permit infringing activities or the posting of illegal content on the Service.

7.5. Content Monitoring

Elle may or may not actively monitor, pre-screen, or control User Content submitted to the Service. We are not responsible for any User Content submitted by others, and we do not have an obligation to proactively review or moderate User Content. However, we reserve the right, at our sole discretion, to monitor, review, and remove any User Content for any reason (or no reason) without prior notice.

If you encounter any User Content that violates these Terms, our policies, or Community Guidelines, please report it to us directly, and we may take appropriate action, including removing the content or restricting access.

While we reserve the right to monitor any and all information transmitted or received through the Service, we assume no responsibility or liability for User Content or any damages incurred as a result of viewing or interacting with such content. Our monitoring activities, if conducted, may include examining, recording, copying, and using User Content in accordance with our Privacy Policy.

Elle may block, filter, mute, remove, or disable access to any User Content without liability to the user who submitted it or other users.

7.6. Content Retention

Please be aware that once User Content is made publicly available, it can be challenging to remove all copies of it in the future.

Upon termination of your account or removal of any User Content, Elle may retain your User Content for a commercially reasonable period for backup, archival, or audit purposes, or as otherwise required or permitted by law. Additionally, other users of Elle may continue to access, use, store, display, reproduce, share, modify, create derivative works, or distribute any of your User Content that has been shared or stored through the Service, even after you discontinue using the Service or terminate your account.

The license to your User Content remains effective even if you stop using Elle, as public posts may become part of broader conversations and interactions. For more information, please refer to our Privacy Policy.

8. Licences

8.1. Limited License

The Service is protected by copyright laws throughout the world. Subject to your continued compliance with these Terms, Elle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

1. Install and use one copy of any downloadable application provided by Elle on devices that you own or control; and

2. Access and use the Service for personal, non-commercial purposes as intended by Elle.

8.2. License Restrictions

Unless permitted by applicable law or by prior written consent from Elle, you may not, nor may you hire or allow any third party to:

1. Reproduce, distribute, publicly display, or create derivative works from any part of the Service;

2. Modify, alter, or otherwise interfere with the Service;

3. Disable or circumvent any security features or access control mechanisms;

4. Reverse engineer or attempt to extract the source code of the Service.

If your use of the Service is restricted by law, you are not permitted to use the Service.

8.3. Service Use and APIs

The Service is intended for personal use only. Any commercial use of Elle or its content requires explicit permission. If you’re interested in using our APIs or other tools for app development or integration, please contact us.

8.3. Service Use and APIs

This license is granted under the condition of your adherence to these Terms. If you violate these Terms or misuse the Service, we reserve the right to revoke your license at any time without notice.

9. Intelectual Property

9.1. Limited License

Except with respect to your User Content, you agree that Elle owns all rights, title, and interest in the Service, including but not limited to, visual interfaces, graphics, design, compilation, information, data, computer code (source and object code), software, services, and all other elements provided by Elle (collectively, “Materials”). These Materials are protected by intellectual property and other laws. All rights, title, and interest in these Materials remain with Elle or our licensors. There are no implied licenses in these Terms, and you are granted no rights to use or exploit the Materials except as expressly outlined in these Terms.

9.2. Trademarks

9.3. Feedback

We value feedback and suggestions from our users to improve Elle. If you provide any comments, ideas, or suggestions (“Feedback”), you agree that Elle is free to use this Feedback in any way without any restriction or compensation to you. By submitting Feedback, you assign to Elle all rights, title, and interest in any intellectual property related to the Feedback. This includes the right to make enhancements, modifications, or improvements based on your Feedback.

9.4. Prohibited Use

You may not remove, alter, or obscure any copyright, trademark, or proprietary rights notices incorporated in or accompanying the Service. Additionally, you are prohibited from using the Service or Materials for any purpose not expressly permitted in these Terms, including copying, distributing, modifying, or creating derivative works of the Materials without explicit authorization from Elle.

10. Prohibited Conduct

By using the Elle Service, you agree not to engage in any of the following prohibited activities:

1. Illegal Use: Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.

2. Harassment: Harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service.

3. Third-Party Rights Violation: Infringe or misappropriate any intellectual property or other rights of third parties, or provide instructions on how to violate any third-party rights.

4. Security Interference: Interfere with any security-related features of the Service, including but not limited to:

disabling or circumventing any features that prevent or limit copying or accessing content;

reverse engineering or attempting to discover the source code of any portion of the Service, except as explicitly permitted by law.

5. Automated Tools: Access or search any portion of the Service or its content using any automated means, including spiders, robots, or other data-mining tools, except through Elle's provided tools or search agents.

6. Service Disruption: Disrupt or interfere with the proper operation of the Service or the experience of any user by:

uploading or distributing viruses, malware, or any harmful code;

sending unsolicited offers or advertisements to other users;

collecting personal information from other users without their consent;

interfering with any network, equipment, or servers connected to the Service.

7. Fraud: Engage in any fraudulent activity, such as impersonating another person or entity, falsely claiming an affiliation, accessing another user's account without permission, or providing false information such as your age or identity.

8. Transfer of Rights: Sell, transfer, or assign your access rights to the Service or any content without explicit permission, or otherwise transfer your ability to view, access, or use the Service.

9. Assist in Violations: Attempt or assist others in carrying out any of the prohibited actions outlined in this section.

11. Communications and Notifications

11.1. Text Messaging (SMS/MMS)

You agree that Elle and those acting on our behalf may send you text messages (SMS/MMS) to the phone number you provide during registration or in connection with the Service. These messages may include operational messages about your use of the Service, as well as limited promotional or marketing messages. Standard data and messaging rates may apply, depending on your carrier. By providing your phone number, you agree to receive recurring messages. You acknowledge that these messages may be sent using an automatic telephone dialing system (ATDS) or other automated systems, though your consent to receive such marketing texts is not a condition of any purchase or use of the Service.

To opt-out at any time, you can reply “STOP” to any text message you receive from us. You may continue to receive text messages for a short period while we process your opt-out request, including a message confirming receipt of your request. For more assistance, you can also email us at support@elle.ai. However, opting out of marketing texts may limit certain features of the Service.

We are not responsible for any carrier charges related to SMS/MMS communication, including data and messaging fees that may apply based on your mobile plan.

11.2. Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages sent to your mobile device when the app is not open. You can control these notifications by adjusting your device settings at any time. Turning off push notifications may limit certain functionalities of the Service.

11.3. Email

We may send you emails regarding our products, services, or third-party offers. You can opt out of receiving promotional emails by following the unsubscribe instructions in the email itself. Opting out of promotional emails will not stop us from sending you operational or account-related emails, which are necessary for your use of the Service.

11.4. Changing Contact Information

If you change your phone number or email address, you agree to update your contact information with Elle to ensure continued communications. Failure to update your contact details may result in you missing important notices, and we are not responsible for undelivered communications due to outdated information.

11.5. Delivery and Liability

Elleis not responsible for any failed, delayed, or undelivered messages due to carrier issues or interruptions. The delivery of mobile messages and notifications is dependent on the effective transmission from your wireless carrier or service provider and is outside of our control.

11.6. Dispute Resolution

Any disputes regarding communications, including SMS, push notifications, or email communications, are subject to the dispute resolution terms in Section 14 (Dispute Resolution). You agree that any claims arising from communication issues will be resolved under those terms.

12. Third-Party Services and Content

12.1. Third-Party Payment Providers

Elle may use third-party payment service providers (such as payment processors) to facilitate transactions related to the Service (e.g., payment processing for subscription fees). By using the Service, you agree to allow us to share necessary payment and transaction information with these providers. These third-party payment service providers may have their own terms of service and privacy policies, and it’s important to review them before proceeding with any transactions. We are not responsible for any losses or damages arising from your use of third-party payment services.

12.2. Third-Party Sign-In and Social Networking Services

You may choose to enable or log in to Elle using third-party sign-in services, such as Google, Apple, or social media platforms like Facebook ("Social Networking Services"). To utilize these features, we may ask you to authenticate, register for, or log in to these services via their respective providers. As part of this integration, these third-party services will provide us with access to certain information you’ve shared with them (such as your name, email, or profile picture), which we will store and use in accordance with our Privacy Policy.

Please note that the use, storage, and disclosure of your information by these third-party services are governed by their own policies, and Elle is not responsible for their privacy practices or other actions. You should review their respective terms and privacy policies to understand how your data is handled by them. We are also not liable for the accuracy, availability, or reliability of any information, content, goods, or services provided by these third-party services. Any reliance on such services is solely at your own risk, and we disclaim any responsibility for any damages arising from their use.

12.3. Linked Websites and Third-Party Content

The Service may contain links to third-party websites, resources, services, or applications that are not owned or controlled by Elle. For example, we may display links to websites where certain products can be purchased, or offer tools that allow you to interact with other platforms. These "Linked Websites" and third-party services are provided solely for your convenience, and Elle does not endorse any Linked Website or third-party service (even if our tool suggests an item that may be purchased there), nor do we make any representation or warranty regarding their products, services, or content.

Please be aware that if you interact with a Linked Website or third-party service, any transactions, interactions, or exchange of data are solely between you and the third-party, and Elle will not be responsible for any issues that arise from your use of these websites, services, or applications. Make sure to review the terms of service and privacy policies of any third-party websites or services before proceeding with any transactions or sharing your information.

We are not responsible for any third-party products, services, applications, or content that you may encounter while using Elle. Any reliance on third-party content, products, or services is at your own risk, and we disclaim liability for any damages or losses that arise from interactions with these third-party services, products, or content.

12.4. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under open-source licenses granting users broad rights to copy, modify, and distribute these components (“Third-Party Components”). Although the Elle Service is provided to you under these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining, using, or distributing Third-Party Components under the terms of the applicable third-party licenses.

For clarity, your use of any Third-Party Components that are integrated into the Elle Service will be governed by the respective third-party licenses, and Elle does not claim ownership over or impose additional restrictions on the use of such components beyond what is set forth by the original third-party licensor.

12.5. App Stores and Platform Terms

If you access or download Elle from an app store, such as the Apple App Store or Google Play Store, you acknowledge that the terms of use provided by those platforms also apply to your use of the app. Specifically:

1. You may only use the Elle app on devices that are authorized by the applicable platform (e.g., Apple-branded devices for iOS or Android devices for Google Play).

2. Your use of the Elle app must comply with the applicable platform’s terms of service, including, but not limited to, Apple’s Media Terms of Service and Google Play's policies.

Elle is solely responsible for providing the app and any associated services. The app store provider (e.g., Apple or Google) has no obligation to provide maintenance, support, or updates for the Elle app. In the event of any failure of the Elle app to conform to applicable warranties, you may notify the app store provider, and they may refund the purchase price for the app and/or subscriptions (if applicable), but beyond that, the platform provider has no further warranty obligation to you.

1. Any claims, losses, liabilities, damages, or expenses related to the app will be handled solely by Elle and not by the app store provider. This includes product liability claims, claims that the app does not meet legal or regulatory requirements, and claims arising under consumer protection or similar laws.

2. The app store provider is not responsible for investigating, defending, or resolving intellectual property claims regarding your use of the Elle app.

Additionally, by using Elle, you acknowledge that the platform provider (Apple, Google, etc.) and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of these terms, they will have the right to enforce these terms against you as third-party beneficiaries.

Lastly, while using the Elle app, you are responsible for complying with all third-party terms of service that apply to your device and platform (e.g., Apple or Google terms). Failure to comply with such terms may result in the termination or suspension of your access to Elle through the platform.

13. Payment and Subscription Terms

13.1. General Payment Terms

Certain features of the Service may require you to pay fees. Before making a purchase, you will have the opportunity to review and accept the fees associated with your chosen Service. Fees may be charged in U.S. Dollars or converted to your local currency, depending on your payment method. All fees are non-refundable unless specifically provided for in these Terms.

13.2. Pricing and Offers

We reserve the right to set and change pricing for the Service. While we make reasonable efforts to keep pricing information up to date, we encourage you to check the pricing page periodically. We may also make promotional offers with different features or pricing to select customers, which will not necessarily apply to your offer. If any changes to the pricing of your subscription occur, you will be notified in advance, and the new rates will apply to subsequent billing cycles.

13.3. Authorization

By subscribing to or purchasing any paid services through Elle, you authorize us (or our third-party payment processors) to charge the payment method you provide for the applicable fees, including taxes, as described in these Terms or published by Elle. We may request a pre-authorization of your payment method before completing any transaction.

13.4. Subscription Services

The Service may offer subscription-based plans that involve recurring charges (the “Subscription Service”). Your subscription will automatically renew at the end of each billing cycle, which corresponds to the “Subscription Period” selected at sign-up (e.g., monthly, annually). You will be charged for each renewal on or before the renewal date, unless you cancel before the renewal date. Subscriptions will automatically continue until canceled. You can view the fees and billing date for your subscription on your account page. To avoid being charged for the next billing cycle, you must cancel before the end of your current period.

13.5. Free Trials and Promotions

We may offer free trials or promotional pricing. Free trials will automatically convert into a paid subscription at the end of the trial period unless canceled before the expiration of the trial. You will not receive separate notice before the free trial ends unless required by law. Promotional offers are subject to the specific terms presented at the time of the offer.

13.6. Discount, Coupon, or Gift Codes

If you have received a discount, coupon, or gift code for the Service, the following terms and conditions apply in addition to the specific terms related to the code. Discounts, gift, and coupon codes can only be applied during the checkout process and are not valid for accounts already subscribed to the Service. These codes cannot be combined with other promotions or sales, and they cannot be exchanged, refunded, replaced, or redeemed for cash or account payments.

A valid payment method may be required to redeem certain discounts, coupons, or gift codes. It is your responsibility to use the code before it expires, as expired codes cannot be refunded or extended. If you do not wish to continue with the Service at the regular price after a free or discounted period, you must cancel the subscription before the end of the free or discounted period.

The terms and conditions of each specific discount, coupon, or gift code may include additional restrictions, such as plan type, duration of discounted service, coupon validity dates, or limits on the number of codes available. Elle reserves the right to cancel any discount, coupon, or promotion at any time.

13.7. Automatic Renewal

Your subscription includes automatic renewal. Unless you cancel your subscription as outlined below, your payment method will be charged for the next billing period. The timing of your billing may vary based on your subscription start date, free trial, or promotional period. If you do not wish to continue, you must cancel the subscription before the next billing period begins.

13.8. Canceling Auto-Renewal of Your Subscription

You can cancel your subscription at any time before the next billing period begins by following the instructions on your account page or via the app store where you purchased the subscription. Cancellation will take effect at the end of your current billing period, and you will retain access until then. No refunds or credits will be issued for partially used billing periods unless we determine, at our sole discretion, that a refund is warranted.

13.9. Delinquent Accounts

f your payment method fails, we may suspend or terminate your access to the Service. In addition to the outstanding amount, you may be charged fees associated with collecting the unpaid balance, including but not limited to collection fees. If payment is not received after reasonable attempts, we reserve the right to delete your account and its associated data.

13.10. Subscriptions Obtained Through Third-Party App Stores

If you subscribe to Elle via a third-party app store (e.g., Apple App Store or Google Play), your billing relationship will be directly with that third-party provider. The app store's terms and conditions regarding payment, billing, refunds, and cancellation will apply. For such subscriptions, you must cancel via the respective app store.

Elle AI, Inc. is responsible for providing the app and any associated services. The app store provider (e.g., Apple or Google) has no obligation to provide maintenance, support, or updates for the Elle app. In the event of any failure of the Elle app to conform to applicable warranties, you may notify the app store provider, and they may refund the purchase price for the app and/or subscriptions (if applicable), but beyond that, the platform provider has no further warranty obligation to you.

13.11. Refund Policy

All fees and charges, once paid, are non-refundable, except where required by law or as otherwise expressly permitted in promotional terms. If a refund is granted in our sole discretion, it will be processed through your payment method or the third-party app store, as applicable.

13.12. Price Changes

We reserve the right to change our pricing at any time. You will be notified of any changes, and you may choose to cancel your subscription before the new pricing takes effect. If you do not cancel, the new pricing will apply to your next billing period.

13.13. Add-Ons and Additional Features

We may offer additional features or services (“Add-Ons”) that may be purchased separately. Add-Ons are subject to the terms and conditions provided during sign-up or at the time of purchase. Add-Ons may be offered as one-time purchases or recurring subscription items.

13.14. Taxes

You are responsible for paying any taxes (e.g., sales, value-added, or other similar taxes) imposed by the applicable jurisdiction. Prices shown do not include such taxes unless otherwise indicated. Taxes will be applied based on your billing address and as required by law.

14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

At Elle AI, Inc., we respect the intellectual property rights of others and take the protection of those rights seriously. We ask our users to do the same. Infringing activity is not tolerated on or through our Services.

Reporting an Infringement
If you believe User-Generated Content or Elle Content infringes upon copyright, trademark, or other intellectual property rights under U.S. or other applicable national laws, please notify us immediately using the contact information provided below.

1. Identification of the material being infringed: A description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed.

2. Identification of the material that is claimed to be infringing: A description of the location on the Service where the material that you claim is infringing is located, with sufficient detail so that we can identify and locate it.

3. Contact information for the notifying party: Your name, address, telephone number, and email address.

4. Statement of good faith: A written statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.

5. Statement of accuracy and authority: A statement made under penalty of perjury that the information provided in your notice is accurate and that you are the owner of the intellectual property or are authorized to act on behalf of the owner.

Electronic or physical signature: A signature of the person authorized to act on behalf of the intellectual property owner.

Send your notice to our Designated Agent at:
Via Email: legal@elle.ai‍

Upon receipt of a valid notice, we will investigate and may remove or disable access to the allegedly infringing material as appropriate, following the procedures required by the Digital Millennium Copyright Act (DMCA) and other applicable laws.

False Claims
Please be aware that under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability. For more information on how to prepare or respond to a DMCA notice, please visit www.copyright.gov.

15. Update to these Terms

As mentioned at the beginning of these Terms, we reserve the right to modify these Terms at any time by:

1. posting the revised Terms through the Service, and/or

2. notifying you of material changes, usually via email or a notification within the Service itself (such as through a message in-app or on the home page). Any changes we make will not apply retroactively unless required by law.

For significant updates, we may ask you to explicitly review and accept the modified Terms in order to continue using the Service. In these cases, the modifications will take effect when you agree to the updated Terms. If you do not agree, you will no longer be permitted to use the Service.

If no explicit consent is required, the revised Terms will automatically take effect on the date specified within the posted update. By continuing to use or access Elle after that date, you indicate your acceptance of the updated Terms. If you do not agree to the modifications, you should stop using the Service and discontinue your account.

We encourage you to regularly check these Terms to stay informed of any updates.

16. Term, Termination, and Modification of the Service

16.1. Term

These Terms are effective as of when you first accept them by downloading, installing, accessing, or using Elle, and they remain in effect until terminated as described below.

16.2. Termination by Us

We may, at our sole discretion, terminate these Terms or suspend your access to Elle at any time, for any reason (or no reason), with or without notice. If you violate any provision of these Terms, your authorization to access the Service automatically terminates.

16.3. Termination by You

You may terminate these Terms and your account at any time by canceling any active subscriptions and discontinuing your use of the Service. To terminate your account, you must contact our customer support or follow the steps provided in your account settings. Please note that subscriptions will continue unless canceled prior to the renewal date.

16.4. Effect of Termination

Upon termination:

1. Your license to use Elle ends immediately, and you must stop using the Service.

2. You will lose access to your account, and any associated User Content you’ve posted may become inaccessible.

3. Any outstanding payment obligations or fees owed prior to termination remain due.

4. Sections of these Terms that should reasonably survive termination (such as ownership of content, payment obligations, disclaimers, limitation of liability, and dispute resolution provisions) will continue in effect.

16.5. Modification of the Service

We reserve the right to modify or discontinue any part of Elle, temporarily or permanently, at any time without notice. This includes changes to features or paid functionalities. We will not be liable for any changes, suspension, or termination of your access to the Service. You are responsible for retaining copies of any important User Content, as Elle may not preserve access to it after modification or termination of your account.

17. Dispute Resolution

17.1. Resolving Disputes

If you have a disagreement with us that we cannot resolve through regular communication, you and Elle agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including claims relating to advertising or claims that arose before these Terms came into effect) will be resolved through binding arbitration, except as provided below. You and Elle waive the right to sue in court or have a jury trial for these disputes. However, you or we may bring individual claims in small claims court if they qualify and remain in small claims court without removal or appeal.

17.2. Informal Dispute Resolution

Before initiating arbitration, you must first try to resolve the dispute informally. You can start the informal process by sending us a written notice (“Notice of Dispute”) to our designated contact, which includes your name, account information, and a description of the issue. If Elle AI, Inc. has a dispute with you, we will send a Notice of Dispute to the email address on file for your account. Both parties will have 60 days to work toward resolving the claim. If a settlement conference is requested during this period, both parties must cooperate and participate in good faith. Arbitration can only be initiated after this informal dispute resolution process has been exhausted.

17.3. What Arbitration Is

Arbitration is a more informal way to resolve disputes than filing a lawsuit in court. Instead of a judge or jury, a neutral arbitrator decides the outcome. The process is less formal, but the arbitrator can award the same damages or relief that a court can. You and Elle agree that the U.S. Federal Arbitration Act governs the enforcement of this section. If there is a question about whether a dispute is subject to arbitration, the arbitrator will make that determination.

17.4. How Arbitration Works

Arbitration will be conducted by a neutral arbitration provider such as the American Arbitration Association (“AAA”) under its rules. The arbitration will take place in the county or parish where you reside unless otherwise agreed. Both parties are responsible for their own arbitration fees, except as provided by the arbitration rules. If you initiate arbitration, you must submit a written demand and provide notice to Elle's legal department. Arbitration will be conducted based on documents submitted, telephone hearings, or in-person hearings, as agreed. Any award by the arbitrator is final, and judgment on the award can be entered into a court with appropriate jurisdiction.

17.5. Class Action Waiver

All claims must be brought on an individual basis, not as part of a class action or representative proceeding. You and Elle AI, Inc. waive any right to participate in a class or collective action in any dispute resolution process, including arbitration.

17.6. Opt-Out of Arbitration

You have the right to opt out of arbitration within 30 days of first accepting these Terms by sending an email to Elle's legal contact with your full name, email address, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

17.7. Small Claims and Injunctive Relief

You and Elle AI, Inc. may bring claims in small claims court, and either party can seek injunctive relief from a court for matters involving data security, intellectual property, or unauthorized access to the Service.

17.8. Arbitration Procedure and Fees

The arbitration provider’s rules will determine the procedure and fee structure. If you file for arbitration and the amount of your claim is under $10,000, Elle AI, Inc. will reimburse your filing fees unless the arbitrator finds your claim to be frivolous. Any hearing will be in your county or parish of residence unless otherwise agreed.

17.9. Final Arbitration Award

The arbitrator may award the same remedies a court would provide. The arbitrator’s award will be binding on both parties and may be enforced in any court with appropriate jurisdiction. However, either party may seek judicial review if injunctive relief is awarded.

17.10. Modification of Arbitration Terms

Elle AI, Inc. reserves the right to modify the arbitration provisions. If we do so, you have 30 days to reject the changes by notifying us in writing. If you do not reject the changes, the modified terms will apply to future disputes.

18. Indemnification

You agree to defend, indemnify, and hold harmless Elle AI, Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

Your use or misuse of the Service;

Your User Content, including any claims that your content infringes, misappropriates, or violates any third-party intellectual property or other rights;

Your violation of these Terms, policies, or applicable law;

Your violation of any rights of a third party, including any privacy, intellectual property, or publicity rights; and

Any disputes or issues arising between you and a third party.

Elle AI Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with our defense of any such claims.

These indemnification obligations will survive the termination or expiration of these Terms and your use of the Service.

19. Disclaimers

19.1. "As Is" and "As Available" Basis

The Service, along with all materials, content, and features available through it, is provided on an "as is" and "as available" basis. Elle AI, Inc. disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. Elle does not guarantee that the Service or any part of it will be uninterrupted, secure, or free from errors, viruses, or other harmful components, nor does Elle make any warranty that such issues will be corrected.

19.2. No Warranty from Advice or Information

No advice or information, whether oral or written, obtained by you from Elle AI, Inc., its employees, agents, or any materials available through the Service, will create any warranty not expressly stated in these Terms. You use the Service at your own risk, and Elle is not responsible for any damage to your property (including your computer system or mobile device) or any loss of data resulting from your use of the Service.

19.3. Medical and Health Information Disclaimer

Elle does not provide medical, professional health, or nutritional advice, and the Service is not intended to replace professional advice from qualified healthcare providers. All information provided by or through Elle is for general informational purposes only and is not intended to diagnose, prescribe, or treat any medical condition. You should not disregard professional medical advice or delay in seeking it because of your use of the Service. If you suspect a medical emergency, contact a healthcare provider or call 911 immediately. Any use of health-related data or content from the Service is at your own risk, and Elle disclaims any responsibility for the accuracy, completeness, or reliability of such data.

19.4. Third-Party Conduct and Content

Elle AI, Inc. makes no warranty or representation regarding the conduct of third parties or the content, products, or services provided by third-party sites linked through the Service. The risk of any injury or damage from such third parties rests entirely with you, and Elle disclaims all liability in connection with third-party content or services.

19.5. Extent of Disclaimer

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Elle AI, Inc. does not disclaim any warranty or other right that cannot be disclaimed under applicable law.

20. Limitation of Liability

20.1. Disclaimer of Damages

To the fullest extent permitted by law, Elle AI, Inc. and its affiliates, officers, employees, agents, and partners (the "Elle AI, Inc. Entities") are not liable for any indirect, incidental, special, consequential, or punitive damages, including damages for loss of profits, goodwill, data, use, or other intangible losses, arising out of or related to your access to, use of, or inability to access or use the Service, or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Elle has been informed of the possibility of such damages.

20.2. Cap on Liability

Except as otherwise required by applicable law, the aggregate liability of Elle Entities to you for all claims arising out of or relating to the use of or inability to use the Service, or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of:

the total amount you have paid to Elle for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim, or

(b) $100 USD.

20.3. Severability of Limitations

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties. This allocation is an essential element of the basis of the bargain between you and Elle. Each of these provisions is severable and independent of all other provisions of these Terms, and the limitations in this section will apply even if any limited remedy fails of its essential purpose.

20.4. Exclusions

Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations stated above may not apply to you. If these laws apply, you may have additional rights.

20.5. Statute of Limitations

To the fullest extent permitted by law, no claim or cause of action arising out of or related to your use of the Service may be brought more than two (2) years after the event giving rise to such claim or cause of action.

21. Miscellaneous

21.1. General Terms

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Elle AI regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision shall not affect our right to require performance at any other time after that, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will remain in full force and effect.

21.2. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You and Elle AI, Inc. agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California, for the resolution of any disputes or claims arising out of or in connection with these Terms or your use of the Service.

21.3. Privacy Policy

Please review our Privacy Policy carefully to understand our practices regarding your personal data. The Privacy Policy is incorporated by reference into, and made a part of, these Terms. By using the Service, you agree to the terms and conditions outlined in the Privacy Policy.

21.4. Additional Terms

Certain features of the Service may be subject to additional terms, conditions, or guidelines, which will be posted on the Service in connection with those features. All such additional terms, conditions, and guidelines are incorporated by reference into these Terms. If you use those features, you agree to comply with the additional terms that apply.

21.5. Contact Information

The Service is operated by Elle AI, Inc. You may contact us by sending correspondence to this address or emailing us at support@elle.ai. For any questions, feedback, or complaints, please reach out to us through these methods.

21.6. Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

21.7. No Support Obligation

We are under no obligation to provide any customer support for the Service. However, we may offer support at our discretion and in accordance with any published policies. If we provide any support, we reserve the right to limit or discontinue that support at any time without notice.

21.8. Force Majeure

Elle AI, Inc. will not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, governmental actions, labor disputes, strikes, fires, floods, epidemics, pandemics, failures in telecommunications, internet or power outages, or any other event or condition that was unforeseeable and prevents Elle from fulfilling its obligations. In the event of such a Force Majeure event, Elle’s obligations will be suspended for the duration of the event, and we will take reasonable steps to mitigate the effects of the delay or failure to perform.

22. Contact Us

The best way to get in touch with us is by emailing support@elle.ai.