Terms and Conditions of Use of the Eldie Application
Effective from 21/08/2024
1. INTRODUCTION
By accessing or using Eldie's Services, you agree to comply with the Terms and Conditions of Use of the Eldie Application ("Terms" or "Agreement"), which also includes our Personal Data Protection Policy ("GDPR Policy"). Please be aware that we may update these Terms from time to time, and we therefore invite you to periodically consult this page for updates. This Agreement applies between you and: S.C. SILVERCARE S.R.L., headquartered in the village of Cosâmbești, commune of Cosâmbești, Valea Pezenului Street, no. 4, Ialomița County, registered with the Trade Register Office attached to the Ialomița Tribunal under no. J21/373/2023 dated 18.07.2023, having unique registration code 48505717. The Terms ("we", "the Company" and/or "Eldie") refer to the undersigned. Together, you and Eldie will be the "Parties", or individually a "Party". By accessing or using our Services through the Eldie mobile application ("the Application") or any other platforms or services that the Application may offer (collectively, "the Service" or "our Services"), you agree to this Agreement and the obligations it imposes on you. This Agreement applies to any person who accesses or uses our Services, regardless of their membership or subscription status. Please be aware that we reserve the right to modify or change the Terms at any time, by publishing the changes on this page, accompanied by an updated effective date. In the event that your rights would be significantly affected by a unilateral modification of this Agreement, we may notify you of the change to the Terms by e-mail or other means, without this relieving you of your obligation to keep yourself constantly informed of the applicable Terms. If you do not agree with a modification of the Terms, immediately cease accessing or using our Services.
2. SCOPE AND FIELD OF APPLICATION OF THE APPLICATION
2.1. Presentation of the Application
The Application is a platform designed to provide users with answers to questions, courses from various fields, memory games, products and services for their needs. The Service uses innovative technology, including artificial intelligence-based technology, to analyse and interpret your questions and to provide relevant information according to users' needs and wishes.
2.2. Intended objectives and use
The Application serves as a social, educational and motivational tool that provides information on topics of interest to users, with the aim of improving their health. It is particularly useful for reducing the isolation of seniors.
The Application aims to complement a healthy lifestyle based on users' social interaction with the "Virtual Friend", and seeks to improve users' lifestyle by offering services that enable their personal development.
The Application does not constitute advice of any kind, regardless of the information that may be provided during conversations with the artificial intelligence-based conversation model ("the Virtual Friend"). The Application does not replace consultation with qualified professionals in the relevant fields, such as medical, legal, financial and similar consultations.
2.3. User activity
Users may submit specific questions and receive automated responses. The quality and usefulness of the responses depend largely on the clarity and specificity of the user's questions.
Users may also participate in events occasionally organised by Eldie and obtain rewards in accordance with the rules that will be brought to the attention of users prior to the relevant events.
Users may play various games featured in the application, such as memory games, adaptable to different difficulty levels.
Users always have the possibility of addressing Eldie directly in order to share their own experiences and to help improve the services offered to them.
2.3. Service limitations:
The Application relies on artificial intelligence models that are not always up to date with the latest information, which is why the information provided must be verified by the user. Eldie does not assume responsibility for the information provided by the Virtual Friend.
Nevertheless, the Application is designed to ensure high standards of accuracy, transparency and ethics, and Eldie makes constant efforts to improve the services offered.
3. USER ELIGIBILITY AND REGISTRATION
3.1. Eligibility criteria:
The Application is intended for seniors aged 55 and over.
The Application may be used by any person who has reached the age of 18. Persons under the age of 18 must obtain the consent of a parent or guardian, who agrees to comply with these terms and is responsible for all activities carried out by the minor. This service is intended only for users who have the legal capacity to enter into binding contracts under Romanian law.
3.2. Registration process:
In order to fully access the services offered by the Application, users must register with an account. The registration process requires providing a name, a valid e-mail address and a password. Validating the account means the visitor acquires the status of a user.
3.3. Account security:
The user is responsible for maintaining the confidentiality of their account details and for immediately notifying our customer service team of any unauthorised use of their account or any other security breach. Users are responsible for all activities that occur in their account, whether authorised or not.
3.4. Data protection:
All personal data provided during the registration and account usage process will be treated in strict compliance with our GDPR Policy and applicable legal provisions.
4. CONTENT
While using our Services, you will have access to: (i) the content you upload or provide while using our Services ("Your Content"); and (ii) the content that Eldie provides on and through our Services, such as access to the Virtual Friend, events, courses, games and generally any other material found on our Application ("Our Content"). In this Agreement, "content" includes, without limitation, all text, images, video, audio or other materials in our Services, including information about the user's profile.
5. RIGHTS GRANTED BY ELDIE
Eldie grants you the right to use and enjoy our Services, subject to compliance with these Terms.
As long as you comply with these Terms, Eldie grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use our Services for the purposes intended by Eldie and permitted by these Terms and applicable law. This licence and any permission to access the Services are automatically revoked if you do not comply with these Terms.
Taking into account that Eldie allows you to use the Services, you agree that we, our affiliates and our third-party partners may place advertising within the Application.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Ownership
All content, services and technology used in or provided by the Application, including but not limited to texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, works of art and computer code (collectively, 'Content'), are the intellectual property of Eldie or its licensors.
6.2. Prohibited activities:
Users are strictly prohibited from using graphic elements belonging to Eldie without our prior written consent, or the consent of the third party that may own the trademarks. In addition, any attempt to manipulate the software or the Application's products or processes is prohibited. It is also prohibited to insert any source code or product or to manipulate the content in any way that affects the user experience, as well as the use of any data mining, collection or extraction methods. Users undertake not to modify any Content, not to engage in the resale or distribution of any Content, or to make any other use of the Content in any way that violates the stipulated copyright terms.
6.3. Use of feedback:
Eldie may at any time use any feedback provided by users without any acknowledgement or compensation to them. Feedback may be used to improve the service, to develop new features or for other commercial purposes, at Eldie's discretion. Users acknowledge and understand that the submission of any Feedback does not create any obligation on Eldie to make changes to the service, to reward the user, or to return any submitted Feedback.
7. LIABILITY LIMITATIONS
7.1. General limitations:
Eldie and its affiliates, directors, employees, agents and service providers shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profit, revenue, use, data or other intangible losses, which may result from the normal use of the Application.
Eldie shall also not be responsible for any material or moral damage, bodily injury, expenses, claims or other harm, whether present or future, known or unknown, arising out of or in connection with the use of the Application and which may result from accessing or using the Application for purposes other than those for which it is intended and permitted.
Eldie shall not be responsible for any interruption or cessation of services provided through the Application, any bugs, viruses, Trojan horses or the like that may be transmitted to or through our service by a malicious third party, and/or any errors or omissions in any content as a result of the use of any content generated, posted, e-mailed, transmitted or otherwise made available through the Application.
7.2. Liability cap:
The user fully understands and expressly accepts, by creating the account, that in any event, the total liability of Eldie and its affiliates under these terms shall be limited to the amount that the user has paid, if any, for the use of the Application during the twelve months prior to the cause of action.
7.3. Limitation of claims:
The user fully understands and expressly accepts, by creating the account, that any action against Eldie must be brought within one (1) year from the occurrence of the cause of action, failing which any such claim or cause of action shall be time-barred.
8. PURCHASES AND AUTO-RENEWING SUBSCRIPTIONS.
You will have the opportunity to purchase products and services from Eldie. If you purchase a subscription, it will automatically renew and you will be charged accordingly until you cancel it. If you cancel your subscription, you will continue to have access to the benefits it provides until the end of the subscription period, at which point it will expire.
Eldie may also offer other products and services for purchase, via credit cards or other payment processors within the Application ("In-App Purchases").
Because our Services may be used without a subscription, cancelling your subscription will not remove your profile's access to our Services.
Eldie operates a business at the national level, and our prices vary depending on several factors. We may offer promotional rates — which may vary depending on region, subscription duration, package size, previous purchases, account activity and more.
To cancel a subscription: If you do not wish to automatically renew your subscription or if you wish to change or cancel your subscription, you must log in to the External Service Account and follow the instructions to manage or cancel your subscription, even if you have deleted your account with us or deleted the application from your device.
For example, if you subscribed using an Apple ID, cancellation is managed by Apple, not Eldie. Similarly, if you subscribed on Google Play, cancellation is managed by Google. To cancel a purchase made through Google Play, launch the Google Play application on your mobile device and go to Settings.
If you cancel a subscription, you may continue to use the cancelled service until the end of the current subscription period. The subscription will not be renewed upon expiry of the current term.
In-App Purchases, including subscriptions, are processed using the Payment Method you provide on the site or in the application. Subscriptions automatically renew until you cancel them.
If you make an In-App Purchase, you agree to pay the prices displayed for the Services you have selected, as well as any sales taxes or similar charges that may be imposed on your payments (and which may change periodically) and you authorise Eldie to charge the payment method you provide ("Your Payment Method"). If you initiate a refund or otherwise cancel a payment made through Your Payment Method, Eldie may immediately close your account, at its own discretion, on the basis that you have thereby indicated that you do not wish to have an Eldie subscription. In the event that your refund or other payment reversal is cancelled, please contact us at: [email protected].
9. ACCOUNT CLOSURE
If you no longer wish to use our Services or if we close your account for any reason, you may delete your account at any time by logging in to the Application, accessing the side menu, clicking "Delete account" and following the instructions to complete the deletion process. However, you will need to cancel/manage any external service purchases through your External Services Account (e.g. iTunes, Google Play) to avoid additional charges.
Eldie reserves the right to investigate and, where appropriate, to suspend or close your account without any refund, if Eldie considers that you have breached these Terms, have misused our Services or have behaved in a manner that Eldie considers inappropriate or unlawful, within or outside our Services.
Your information will be retained and deleted in accordance with our GDPR Policy.
10. DISPUTES
10.1. Applicable law
These Terms of Use and the resolution of any disputes relating to these Terms of Use or the services provided by Eldie shall be governed by and construed in accordance with the laws of Romania.
10.2. Judicial proceedings
In the event of any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, the parties agree to submit the dispute to the competent courts at the registered seat of SilverCare, Romania.
11. MISCELLANEOUS
11.1. Entire agreement
These Terms and Conditions constitute the entire agreement between you and Eldie with respect to the use of our services. No other agreement, verbal or otherwise, relating to this subject matter shall be deemed to exist or to be binding on either party.
11.2. Severability
If any provision of these Terms becomes unenforceable, that provision shall be deemed omitted from these Terms and shall not affect the validity and enforceability of the remaining provisions. Eldie reserves the right to replace the provision that has become unenforceable with a valid one as soon as possible.
11.3. Waiver
No waiver by Eldie of any term or condition set out in these Terms shall be construed as a waiver of such term or condition or a waiver of any other term or condition, and the failure to exercise a right or provision by Eldie under these Terms or applicable legal provisions shall not constitute a waiver of such right or provision.
11.4. Force majeure
Eldie shall not be liable for any delay or failure to perform the contract resulting from force majeure events, as defined by Article 1,351 of the Civil Code.
11.5. Survival
The provisions of these Terms which, by their nature, should survive their termination, shall remain in force after their termination or expiry, including but not limited to the sections relating to intellectual property rights, liability limitations and dispute resolution.