Protecting Elfie and our users against the malevolent utilization of our services
First created on 2021.03.01
Last updated 2024.03.23
Updated 2024-03-23
These Terms of Service (“Terms”) govern your access to and use of the application and website (collectively, the “App”) (“Services”) provided by Elfie Pte. Ltd. and its subsidiaries (collectively “Elfie,” “we,” “us,” or “our”), so please read these Terms carefully before using the Services. By accessing or using our Services or clicking on a button indicating your consent, you agree to be bound by these Terms and by our Privacy Notice. If you do not agree to these Terms, which incorporates the Privacy Notice by reference please do not access or otherwise use our Services or any information contained herein.
References to “you” in these Terms means you, your duly authorised representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “Elfie” shall be deemed to have been made to Elfie Pte. Ltd., its successors and assignees.
Not all of the products or services described on the App are available in all countries and you may not be eligible for them. We reserve the right to determine eligibility.
We reserve the right, at our discretion, to modify these Terms from time to time by posting of the modification to our App. You should continue to check the App for changes to review the most up-to-date version of the Terms. You will be subject to the Terms in force at the time you use the Services. We will provide you with prior notice of any changes to the Terms that materially affect your rights by notifying you via email or offering a notification within the App at least 30 days before the date they become effective. Your continued use of our App or otherwise the Services on or after the effective date of the revised Terms will mean that you accept those changes. Should you not agree to the revised Terms, you must stop accessing and using Services before the changes become effective.
We reserve the right to discontinue or modify any aspect of the Services at any time from time to time to improve existing, or add new, functionality and features, keep the Services up-to-date and in conformance, to improve or maintain your experience or for operational, technical, legal or business reasons. To this end, we may make available updates and upgrades to the App and Services. If you do not download such updates and upgrades, your use of the Services may not be secure and you may not receive certain features, functionality, or notices and/or you may lose access to certain Services. If any of the updates (i) go beyond what is necessary to keep the App in conformance and (ii) negatively impact your access or use of the Services in a more than minor way, we will give you a reasonable prior notice of such updates. In such case, your continued use of the Services after a period of 30 days from when the update comes into effect will confirm your acceptance of the update. If you do not agree to the update, you must stop using the Services.
By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorised to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play or App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play’s or App Store’s terms and policies) when using the Services, including the App. You acknowledge that Google Play and/or App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Do Not Rely on our App for your financial decisions. The content on the Elfie website, app and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.
Elfie is intended to be a wellness application aiming at encouraging the users to track metrics relating to their health and to receive general information for a healthy lifestyle. It is NOT intended to be used for a medical purpose, and notably to prevent, diagnose, manage, or monitor diseases. In particular, Elfie is not intended to be a medical device and is not intended to be specifically used in a healthcare setting, for example to record medical information to support healthcare professionals’ diagnosis, to be used in the context of a specific disease, or to encourage and facilitate patients’ adherence to a treatment.
Any suggestions that Elfie provides are based on generic data, as Elfie does not analyze, create or modify medical information of the users for a medical purpose. Please note that recommendations to consult healthcare professionals may pop up in the App if the information that you input appear to be different than the generic data compared, but such information is not specifically customized for your specific situation. The content of the Services does not constitute a medical advice and is not intended to be a substitute to a medical advice offered by a physician or healthcare professional. If you feel unwell, experience drug-related side-effects, or seek medical advice, please contact your doctor or health authorities as Elfie is not the right platform to do so.
Elfie is not intended to provide information or advertising on medicinal products (including those of Elfie's sponsors), and nothing herein should be construed as solicitation or promotion for any medicinal product, medical device or any other health product which is not authorized by the laws and regulations of country of your residence. Any funding received by Elfie has not been paid by its sponsors, and has not been received by Elfie, in consideration of any advertising, purchase, prescription or consumption of Elfie's sponsors' products.
You may stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services, in whole or in part, at any time with or without notice. In such case, we will use reasonable commercial efforts to provide you with no less than 30 days prior notice, unless the termination arises from a matter that is beyond our control or for which a provision of such advance notice is not possible or feasible.
You agree and acknowledge that Elfie coins are not redeemable or refundable for any sum of money or monetary value in case of termination. This is without prejudice to your legal rights to seek damages in case you terminate the Terms for breach by Elfie.
Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorised advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access (other than your User Content), which shall remain with us and our respective licensors.
Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licences (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licences. You agree to comply with the terms and conditions of such open-source software licence agreements.
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Elfie and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Elfie upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your “Account Information”), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
Elfie values and protects the privacy of your information. Please review Elfie’s Privacy Notice, as it contains important information relating to your use of our App and Services.
Some portions of the Site and Services are protected and require a user identification code (“User ID”) and password for access. Unauthorised access or use of such portions of the App is prohibited. You agree that you will notify Elfie immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorised access or use may occur or has occurred. Notify Elfie via email at [email protected]. For your protection, if Elfie believes that any unauthorised access may occur or has occurred, Elfie may terminate your account access without prior notice to you. You also agree that Elfie is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorised by you.
Elfie may, now or in the future, allow you to voluntarily link your account on the Service to your account(s) on third-party services such as Google or Facebook (“Linked Accounts”) for the purpose of simplifying the processes of signing up and logging in to your Elfie account. If you choose to link your account on the Service to a Linked Account, you are authorising Elfie to store and use your first and last name, profile picture and email address and enable a login to your Elfie account by authenticating you with the Linked Account.
The Service may allow you to share content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Elfie, you are granting Elfie a license to use the User Content in order to make it available through the Service.
By uploading User Content, you are granting Elfie a licence to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Elfie to operate the Service. You agree that these rights and licences are royalty free, worldwide, and irrevocable, and include a right for Elfie to make such User Content available to, and pass these rights along to, others with whom Elfie has contractual relationships related to the provision of the Elfie services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Elfie determines such access is necessary to comply with its legal obligations.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Elfie through the App or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Elfie is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Elfie shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Elfie may have something similar to the Contributions already under consideration or in development; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Elfie under any circumstances. By submitting Contributions, you grant Elfie a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such Contribution throughout the world (including the right to sublicense these rights to third parties). No moral rights are transferred by this provision.
Furthermore, we may use User Content and Contributions or any derivative works thereof throughout the world to promote, market and publicize the Services, including excerpts, in any and all languages, formats and media, whether now known or hereafter created.
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organisation, legal entity or a brand and represent that company, organisation, legal entity or brand). (ii) verbally abuse, threaten, harass, intimidate, defame, bully, employ hate speech or otherwise harm any employee or agent of the company; (iii) use or attempt to use another’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorised by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilise or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetise any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorised access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you must have a personal computer or electronic device with internet connectivity and each of the following:
iOS:
Android:
We will update you if there are any changes to the hardware or software requirements that could impact your receiving or consenting to electronically delivered transmissions.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
If you access any third party’s website, service, or content from our Services, you do so at your own risk. To the fullest extent permitted by the applicable law, by using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the App and to read the terms and conditions and privacy policy of every website that you visit.
To the maximum extent permitted by law, the Service is available “as is.” Notwithstanding the limitations set forth below, our performance under our marketplace policy is determined solely by the terms, conditions, exclusions and limitations of our marketplace policy and applicable law.
If you are consumer and are located or reside in, or access the Service from, the EU or the UK, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. Elfie shall not be liable for any non-performance which is imputable to you, or to an unforeseeable and insurmountable event of a third party, or a force majeure event. are made available for personal and non-commercial use. Accordingly, we will have no liability to you for business losses, including notably any loss of profit, loss of business, business interruption or loss of business opportunity.
If you are not a consumer benefiting from the statutory consumer protection pursuant to the mandatory provisions of the applicable law, the following paragraph shall apply to you:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELFIE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) ELFIE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELFIE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELFIE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF ELFIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) ELFIE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notwithstanding anything to the contrary in these Terms, if you are a consumer and have your habitual residence in the EU or in the UK, you may benefit from the legal warranty of conformity under the consumer protection regulations. To exercise your consumer rights, please contact us at https://www.elfie.co/contact or [email protected].
Elfie reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, by providing you a simple notice to you to the extent it is not likely to result in a reduction of your statutory consumer protection. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, taxes, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your financial value of rewards received from your use of the Services; (iii) your violation of these Terms; (iv) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defence, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Elfie offers Elfie coins throughout your interactions with the Services. Elfie coins are allocated based on the completion of tasks in your self-monitoring plan, the reading of articles, and referrals of friends to the App.
Elfie coins cannot be purchased or transferred and cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund. You agree and acknowledge that Elfie coins are not redeemable or refundable for any sum of money or monetary value in case of termination. You agree that Elfie coins granted to you have no monetary value. They can only be used within the Elfie App towards rewards and charity donations. You agree that we can grant and take back Elfie coins from your balance based on Elfie gamification rules without notice.
Elfie reserves the right to run tests or experiments to evaluate the effectiveness of different reward structures, gamification and other features available throughout the Services. This may include varying the type, frequency and the amount of the Elfie coins awarded or needed for certain actions and the rewards offered.
An opportunity to redeem a number of Elfie coins for a donation to be made by Elfie to a charitable and/or other non-profit cause or organization may be made available from time to time to you via the App. If you choose to redeem Elfie coins for such a donation, all applicable terms presented on the App for such donation shall apply in addition to these Terms. Each and every donation will be made by Elfie.
The rules of the lucky draws are indicated in the lucky draw detail pages inside the Elfie app.
The rules of the fortune wheel are the following: to earn a free spin each week, a user must complete at least 3 tasks in his self-monitoring plan within the week. A free spin grants the user a chance to win a prize, extra Elfie coins, or another free spin.
The prizes available in the rewards, lucky draws, and fortune wheels are not sponsored by Apple, Google, nor by any pharmaceutical companies.
These Terms and your use of the Site and Application are governed in all respects by the laws of the Republic of Singapore, without giving effect to any principles of conflicts of laws. Any dispute concerning the App or these Terms shall be subject to the non-exclusive venue of a court of competent jurisdiction in Singapore.
If you are a consumer and have your habitual residence in the EU or the UK you (i) benefit from the statutory consumer protection pursuant to the mandatory provisions of the laws of the country of your residence and (ii) may bring a claim to enforce your consumer protection rights before the courts of the country of your residence.
The European Commission provides for an online dispute resolution platform for consumers, which you can access here: https://ec.europa.eu/consumers/odr.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these not constitute a waiver of such right or provision.