Terms of Service

General Provisions

These Terms of Use govern your use of Elastica, a service available via the link https://elastica.club/ ("Website") referred to as the "Service".

We may update these Terms at any time. Continued use of the Service constitutes acceptance of the updated Terms. If you do not agree, please discontinue use of the Service.

Owner contact email: hello@elastica.club

Scope of License

Subject to these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Service solely for your own personal and non-commercial use.

This license expressly prohibits you from:

• Using the Service on any device that you do not own or lawfully control;
• Distributing, renting, leasing, lending, selling, sublicensing, or otherwise making the Service accessible to third parties;
• Copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying, or creating derivative works based on the Service or any of its updates or components (except to the extent such actions are expressly permitted under applicable law);
• Using the Service in any way that violates applicable laws or regulations.

Any attempt to circumvent these limitations constitutes a breach of our rights as the licensor and may lead to termination of your access to the Service, legal proceedings, or liability for damages.

Intellectual Property

All intellectual property rights in and to the Service and its content are owned by us or are lawfully licensed to us by third parties. This includes, without limitation, all text, software, source code, designs, graphics, photographs, audio, music, videos, applications, interactive features, and any other materials made available through the Service (collectively, the "Content").

By accessing or using the Service, you acknowledge and agree that:

• You do not gain any ownership or proprietary rights in the Content, except for the limited license expressly granted under these Terms;
• You may not copy, reproduce, distribute, modify, publicly display, perform, transmit, or create derivative works from the Content unless you have obtained our prior express permission;
• You may not use any of our trademarks, service marks, trade names, or logos without our prior written authorization.

Any unauthorized use of the Content constitutes a violation of these Terms and may lead to legal proceedings, including but not limited to claims for damages.

Your User Account

Certain features of the Service may only be accessible to users who register for an account. To create an account, you must:

• Be at least 16 years of age (or the minimum legal age in your jurisdiction);
• Provide complete, accurate, and truthful information during registration;
• Refrain from creating multiple accounts for the same individual or impersonating another person.

By registering an account, you acknowledge and agree that:

• You are solely responsible for keeping your account credentials secure and confidential;
• You are fully responsible for all activity that occurs under your account;
• You may not sell, transfer, or share your account with any third party.

If you suspect that your account has been compromised, you must notify us immediately. We are not responsible for any losses arising from unauthorized access to your account resulting from your failure to safeguard your login credentials.

We reserve the right to suspend, limit, or terminate your account at our discretion, including but not limited to cases where:

• You breach these Terms of Use;
• We identify fraudulent, abusive, or suspicious behavior associated with your account;
• Your account remains inactive for a prolonged period.

You may close your account at any time, as set out in the Termination section of these Terms.

Privacy

To access and use the Service, you may be required to provide certain personal information. By using the Service, you acknowledge and agree that:

• Your personal data will be collected, processed, and stored in accordance with our Privacy Policy;
• Where required by applicable law, you provide your explicit consent to the collection and processing of your personal data;
• We may use your personal data for purposes such as account administration, improving the Service, marketing (where permitted), and fulfilling legal or regulatory obligations;
• You have rights concerning your personal data, including the right to access, correct, or delete your information, as outlined in our Privacy Policy.

For full details on how we manage your personal data, please refer to our Privacy Policy.

Links to Third-Party Services

The Service may include links to external websites, applications, or other services operated by third parties ("Third-Party Services"). These Third-Party Services function independently and are governed by their own terms of use and privacy policies.

By accessing or using any Third-Party Services through our Service, you acknowledge and agree that:

• We do not own, control, or endorse any Third-Party Services or the content they provide;
• We are not liable for any loss, damage, or issues resulting from your use of, or reliance on, such Third-Party Services;
• Your engagement with any Third-Party Services is entirely at your own discretion and risk.

We strongly recommend that you review the applicable terms and privacy policies of any Third-Party Services before using them.

Unauthorized Use

You agree not to use the Service in any manner that:

• Violates any applicable laws, regulations, or legal obligations;
• Involves fraudulent activity, impersonation of others, or intentional misrepresentation;
• Uploads, distributes, or transmits content that is harmful, offensive, defamatory, or otherwise unlawful;
• Infringes upon the intellectual property rights of others, including but not limited to copyrights and trademarks;
• Introduces viruses, malware, or any other malicious code intended to damage, disrupt, or compromise the Service or its users;
• Utilizes automated scripts, bots, scrapers, or similar tools to access, extract, or manipulate data from the Service;
• Attempts to disrupt, interfere with, or gain unauthorized access to any part of the Service, its systems, or its users.

Violating any of the above terms may result in the immediate suspension or termination of your account and may also lead to legal action, including claims for damages where applicable.

Payments for U.S. Users

If you are located in the United States, all payments for the Service will be processed through a payment account. This arrangement does not compromise the security or confidentiality of your payment information, as all transactions remain subject to the compliance and data protection standards of the respective payment processors.

General Payment Terms

By completing a purchase, you agree to the following:

• You will receive access to the purchased content across all platforms where the Service is available;
• Your subscription will automatically renew unless you cancel it at least 24 hours prior to the start of the next billing period;
• Refunds will only be provided in accordance with our Refund Policy;
• We are not liable for any delays, errors, or failures caused by third-party payment processors.

For detailed information about cancellations and refunds, please review our Refund Policy.

Web Purchase

You may purchase access to paid Content through the Website (the "Purchase"). The price for such Purchases will be clearly displayed on the Website. Payments can be made using any payment method accepted by the Website.

Payments for U.S. Users

If you are a user located in the United States, all payments for the Service must be processed through a payment account managed. This arrangement does not compromise the security or confidentiality of your payment information, as all transactions comply with the policies and standards of the applicable payment providers.

Purchase Terms

By completing a Purchase, you acknowledge and agree that:

• All Purchases are final and non-refundable, except as otherwise provided in our Refund Policy;
• You will receive access to the purchased Content for the duration specified at the time of purchase;
• Subscription purchases will automatically renew unless canceled at least 24 hours before the next billing cycle begins;
• Canceling a subscription does not entitle you to a refund for any unused portion of the current billing period;
• By making a Purchase, you agree to comply with our Terms of Use and Privacy Policy.

The Website offers the following type of Purchase:

Subscription Purchase – Access is granted for the period and at the price specified on the Website, with automatic renewal for the same term initially selected. The subscription will continue to renew until either you or we cancel it.

Our Subscription plans operate on a recurring billing basis. Please carefully review the subscription duration and cost to understand when and how much you will be charged.

To avoid any doubt, by signing up for a Subscription, you agree that your subscription will automatically renew. You must actively cancel your subscription at least 24 hours before the end of the current subscription period to prevent being charged for the next cycle.

Subscription Cancellation Rules

Your subscription will automatically renew at the end of each billing period unless you cancel it.

If you wish to cancel your subscription, you may do so by:

• Contacting our customer support team at hello@elastica.club; or
• Using the cancellation form available on our Website: log in and click "Manage subscription" in the website menu

Important Subscription and Free Trial Information

Please note that deleting your account, uninstalling the app, or prolonged inactivity does not cancel your subscription. To cancel your subscription, you must follow the cancellation methods outlined above.

Canceling your subscription will stop the automatic renewal, but you will retain access to the Service until the end of your current paid subscription period.

We may offer a free trial subscription that grants you access to the Service for a limited time, with the specific terms provided when you sign up. Unless you cancel before the free trial ends—or unless otherwise stated—your access will automatically convert to a paid subscription, and you will be charged the applicable fees. We may send reminders before your free trial expires but do not guarantee such notifications. It is your responsibility to track the free trial period.

We reserve the right, at our sole discretion, to modify or end any free trial offer, your access during the free trial, or these terms at any time without notice or liability. We may also limit your ability to take advantage of multiple free trials.

Your right to use the Service ends when your paid subscription period expires. If payment is not received, we may attempt to notify you and resolve the issue, but we reserve the right to suspend or terminate your access without prior notice.

Additional Purchases

In addition to subscriptions, the Service may offer optional add-on items for an extra fee. Purchasing add-ons is entirely optional and does not affect your subscription status. If you choose to buy any add-on items, you will be charged immediately as indicated at the time of purchase. Unlike subscriptions, add-on purchases are one-time, non-refundable, and cannot be canceled.

For information about refunds, please consult our Refund Policy or contact customer support at hello@elastica.club

Disclaimer

Your use of any part of the Service is entirely at your own risk. You should always consult certified healthcare professionals and base your medical decisions on their expert advice. We do not accept any liability for actions you take based on your use of the Service.

We make no warranties or guarantees regarding the Service. Health, medical, or other information provided through the Service may come from third parties, including other users. We are not responsible for any content provided by third parties or users, and we disclaim all liability for any actions you take based on such content. You are solely responsible for verifying the accuracy of any information obtained through the Service.

The Service is provided "as is" and "as available," to the fullest extent permitted by law. We expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not guarantee the security, accuracy, reliability, or timeliness of the Service, nor that it will be error-free or uninterrupted.

No communication, whether written or oral, from us or our representatives creates any warranty. If you rely on any information provided, you do so at your own risk.

Some jurisdictions may not allow the exclusion of certain warranties, so these disclaimers may not apply to you in full.

The Service may not be available in all languages or regions, and we do not guarantee that its features will be appropriate or accessible everywhere. Availability and pricing of the Service are subject to change.

This disclaimer is an integral part of these Terms of Use.

Limitation of Liability

To the fullest extent permitted by applicable law, we—along with our affiliates, and our or their respective employees, directors, officers, agents, vendors, and suppliers—shall not be liable to you or any third party under any legal theory (including contract, tort, strict liability, or otherwise) for any personal injury (including death) or for any indirect, incidental, special, or consequential damages arising out of or related to your use of, or inability to use, the Service. This includes, but is not limited to, damages for lost profits, loss of goodwill, loss of data, business interruption, device or system failure, or inaccuracies in results—even if we were advised of the possibility of such damages or should have reasonably known about them.

In no event shall our total liability to you exceed fifty U.S. dollars (US $50) in the aggregate.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As such, some of the above disclaimers and limitations may not apply to you. In such cases, our liability will be limited to the maximum extent allowed by applicable law.

Any claim or cause of action related to your use of the Service must be filed within one (1) year from the date the event giving rise to the claim occurred, or it will be permanently barred.

The remedies provided under these Terms of Use are exclusive, and no other remedies will apply—even if those stated herein fail to fulfill their essential purpose.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, agents, subcontractors, licensors, suppliers, successors, assigns, and licensees from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

• your breach of these Terms of Use, whether by you or any person using your device, account credentials, or access;
• any claim, loss, or damage resulting from your use or attempted use of the Service, including any inability to access or use the Service;
• your violation of any applicable law, regulation, or third-party rights; or
• any other matter for which you are responsible under these Terms of Use or applicable law.

You agree to use the Service in full compliance with all applicable laws, rules, and regulations.

We reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with us in such defense. You may not settle or resolve any claim subject to indemnification without our prior written consent.

Termination

These Terms of Use shall remain in effect until terminated either by you or by us.

You may terminate these Terms at any time by ceasing all use of the Service. If applicable, you may also delete your user account using the designated account deletion features provided within the Service. Please note that terminating your account does not automatically cancel any ongoing subscription; subscription cancellations must be completed in accordance with the Subscription Cancellation Rules.

We reserve the right to terminate or suspend your access to the Service, including your account, at our sole discretion, at any time and for any reason, including but not limited to a breach of these Terms of Use. Such termination may occur without notice and without liability to you or any third party.

Additionally, we may, at our discretion, terminate these Terms, your access to the Service, or your account in whole or in part, with or without cause, and without incurring any penalty or obligation.

Termination under this clause shall be without prejudice to any other legal or equitable remedies available to us in the event of a breach.

Upon termination, you must discontinue all use of the Service and remove the App from your devices. The following provisions shall survive any termination: Intellectual Property, Disclaimer, Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement, and Severability.

Choice of Law and Dispute Resolution

These Terms of Use, along with any non-contractual obligations arising from or related to them, shall be governed by and interpreted in accordance with the laws of the UK.

Any dispute, controversy, or claim arising out of or in connection with these Terms of Use—including their existence, breach, termination, or invalidity—shall be finally resolved under the laws of the UK.

However, if you are a user located in the United States, any dispute, controversy, or claim specifically concerning payment processing shall be governed by and construed in accordance with the laws of the United States, and, where applicable, the laws of the state in which is registered. For all other matters not directly related to payment processing, the laws of the UK shall continue to govern.

The parties further agree to submit to the jurisdiction of the appropriate state or federal courts within the United States for any disputes arising from payment-related issues.

Entire Agreement

These Terms of Use, together with the Privacy Policy and the Web Purchase Refund Policy, constitute the entire agreement between you and us concerning the subject matter herein (the "Agreement"). Any content provided through the Service that conflicts with or is inconsistent with the terms of this Agreement shall be governed by this Agreement. No modification to these Terms of Use shall be valid unless made in accordance with the provisions set forth herein.

Severability

If any provision of these Terms of Use is found to be unenforceable by a court or tribunal of competent jurisdiction, that provision shall be modified, limited, or eliminated to the minimum extent necessary so that the remainder of the Terms shall continue in full force and effect.

Assignability

You may not assign or transfer your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without our prior written consent.

We reserve the right to assign these Terms of Use, the Privacy Policy, the Web Purchase Refund Policy, or any other part of our agreement with you, at our sole discretion, to any third party.

Contact Us

All notices from us to you regarding these Terms of Use will be provided either through the Website or via the email address you supplied.

Any notices to us regarding these Terms of Use should be sent to:

hello@elastica.club