ELAIA

Elaia Terms of Use

End User License Agreement (EULA)
Version 2.0 of 24 October 2026
Previous version: August 24, 2026

These Terms govern your use of the Elaia mobile app (listed in the App Store as "Elaia Mirror"), the web app at elaia.one and the website elaia.space (together, the "Service"). They are an agreement between you and Margarita Khan (MARGARITA KHAN, as registered with the SAT), an individual carrying on business in Mexico (persona física con actividad empresarial), RFC: KAMA9406095F5, address: Av. Aldea Zama, Manzana 1, Lote 10, Departamento I 301 N 2, Col. Aldea Zama, C.P. 77760, Tulum, Quintana Roo, México, phone +52 984 203 7428, email margaritahan0@gmail.com ("Developer", "we", "us").

By signing up or using the Service, you accept these Terms. How your data is processed is described in the Privacy Policy at elaia.space/privacy. If you do not agree with these Terms, do not use the Service.

1. What Elaia is

1.1. Elaia is software for self-observation: a text and voice conversation with artificial intelligence, saved conversation fragments, paid digital content and subscriptions.

1.2. Elaia is not therapy or medical care. The Service does not provide medical, psychological, psychotherapeutic, psychiatric or other professional services, does not diagnose or treat, and does not replace a doctor, psychologist or other professional. Replies are meant for self-reflection and are not advice or recommendations. Neither the Service nor any of its features, characters or voices is a doctor, psychologist, therapist or other professional. The professional background of Elaia's author does not mean that the Service provides professional services or that the author advises users. For any health questions, including mental health, and before making any treatment decisions, consult a doctor or another qualified professional.

1.3. The Service is not for emergencies. If you are in danger, thinking about harming yourself, or need urgent help, call your local emergency number or a helpline: elaia.space/help. If a conversation shows signs of a crisis, the Service may show helpline contacts. The Service does not monitor you continuously, does not contact emergency services, does not connect you with a human professional, and may fail to recognise a crisis. How the Service responds to crisis messages: elaia.space/safety.

1.4. You are talking to an artificial intelligence program, not a human. Neither the author nor anyone else converses on behalf of the Service or reads your messages in real time. The Service reminds you of this in the interface.

2. Eligibility

2.1. The Service is for people aged 18 or over who can enter into this agreement under the laws of their country.

2.2. At sign-up you confirm that you are 18 or older. If we learn that a user is under 18, we will close access and delete the account; a paid web subscription will be refunded pro rata for the unused period.

3. License

3.1. We grant you a personal, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes. The license may be terminated only on the grounds set out in sections 6 and 11. The app is licensed, not sold.

3.2. On iOS, you may use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Use.

3.3. You may not copy, modify, decompile, rent, sublicense or distribute the Service, except as expressly permitted by law.

4. Account

4.1. The chat requires an account: email, Sign in with Apple or Sign in with Google. You are responsible for keeping access to your account and your email secure.

4.2. You can delete your account in the Service: Profile → Delete account. Your data is deleted as described in the Privacy Policy.

4.3. Deleting your account does not cancel an App Store subscription. Cancel it in your Apple ID settings to stop charges.

4.4. Your acceptance of these Terms and any consents you give are recorded electronically with the document version, date, time and account ID.

5. Free access and subscriptions

5.1. The free tier includes a limited number of messages, shown in the Service; after that, chat requires a subscription.

5.2. A subscription gives access to the Elaia software (an AI conversation tool for self-reflection) and digital content: conversation with Elaia without the free-tier limit, voice messages and materials unlocked by subscription. It does not include medical, psychological or other professional services. Available plans, their duration and full renewal price are shown on the purchase screen before payment. The price is shown as the total amount, including all applicable taxes and fees. The currency is shown on the purchase screen. Subscriptions renew automatically until you cancel.

5.3. Purchases on iOS (App Store).

5.4. Purchases on the web (elaia.one).

5.5. Price changes. We notify you of a price change at least 30 days before the next charge, by email and in the Service. The new price applies from the next period; before then you can turn off auto-renewal at no cost.

5.6. Refunds for web payments. In addition, we will give a full refund of your first payment on request within 14 days. This rule is in addition to, and does not replace, the rights in 5.7.

5.7. Consumer rights in your country. If the law of your country of residence gives you more rights than these Terms, the statutory rights apply. In particular:

6. Acceptable use

6.1. You may not:

6.2. If you materially breach these Terms, we may, after notifying you and stating the breach, restrict or terminate your access. If web access is terminated, we refund the unused period, except where the law allows us not to.

7. Content

7.1. Your messages remain yours. You grant us a limited right to process your messages, voice recordings and related data as needed to operate the Service, as described in the Privacy Policy. We do not use them to train AI models, and we choose providers whose terms state that they do not use them for training either (section 6 of the Privacy Policy).

7.2. AI replies are generated automatically and may be incomplete, inaccurate or unsuitable. You decide how to use them.

7.3. Elaia's texts, courses, design, instructions and method belong to the Developer and are protected by intellectual property law.

8. Warranties

8.1. We aim to keep the Service running smoothly but do not guarantee that it will be uninterrupted or error-free. This does not limit your consumer rights to a Service that conforms to its description and the contract.

8.2. Apple has no warranty obligations for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the Developer's responsibility.

8.3. For consumers, section 8.1 does not limit the rights given by the law of their country of residence: in the EU/EEA, the legal guarantee of conformity of the digital service; in Mexico, rights under the LFPC, including the right to receive the service as described, to a refund and to compensation; elsewhere, rights under local consumer protection law.

9. Limitation of liability

9.1. We are not liable for indirect or unforeseeable losses or lost profits arising from use of the Service, or for decisions you make based on AI replies, where the Service worked as described.

9.2. The Developer's total liability does not exceed the amount you paid for the Service in the 12 months before the claim.

9.3. The limitations in 9.1–9.2 do not apply to liability for intent or gross negligence, death or personal injury, breach of essential contractual obligations, breach of data protection rules, product liability, or any other case where the law of your country of residence prohibits such limitation.

9.4. For consumers in Mexico, sections 9.1 and 9.2 do not apply to the extent they would release the Developer from civil liability for non-performance or defective performance of these Terms, for wilful misconduct or gross negligence, or for breach of data protection rules, or would limit consumer rights under the law.

9.5. For consumers in Russia, the EU/EEA and other countries whose laws prohibit such limitations, sections 9.1 and 9.2 apply only to the extent permitted by those laws.

10. Apple-specific terms

10.1. This agreement is between you and the Developer, not Apple Inc. Apple is not responsible for the app or its content.

10.2. The Developer, not Apple, is responsible for maintenance and support of the app; Apple has no obligation to provide them.

10.3. The Developer, not Apple, is responsible for addressing any claims relating to the app, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, the Developer, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.

10.4. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10.5. When using the app, you must comply with applicable third-party terms, such as your wireless data or internet service agreement and the App Store Terms of Use.

10.6. Apple and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

11. Termination

11.1. You may stop using the Service and delete your account at any time.

11.2. We may terminate your access for a material breach of these Terms under 6.2, or discontinue the Service with at least 30 days' notice to users. We will refund any unused prepaid web subscription period pro rata.

12. Governing law and disputes

12.1. These Terms are governed by the laws of Mexico. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory rules of the law of your country of habitual residence.

12.2. You may contact us at any time at margaritahan0@gmail.com to resolve an issue — we will try to reply within 10 days. This is optional and does not limit your right to go straight to court or to a consumer protection authority.

12.3. Consumers in Mexico may file a complaint with the Federal Consumer Protection Agency (PROFECO), including online via Concilianet, and may go to the competent Mexican courts.

12.4. Consumers in the EU/EEA, Russia and other countries may bring proceedings in the courts of their place of residence and contact authorities in their country, where its law so provides.

13. Changes

13.1. We may update these Terms. The current version is always available in the Service and at elaia.space/terms.

13.2. We give at least 30 days' notice of material changes to these Terms, by email and in the Service. Changes apply to your subscription from the next paid period. If you do not agree, you may turn off auto-renewal or terminate without penalty before the changes take effect. If a change to the Terms or the Service materially disadvantages you, you may terminate within 30 days of the notice and receive a pro rata refund of any unused prepaid web subscription period.

14. Contact

Margarita Khan (MARGARITA KHAN), an individual carrying on business in Mexico (persona física con actividad empresarial), RFC KAMA9406095F5
Address: Av. Aldea Zama, Manzana 1, Lote 10, Departamento I 301 N 2, Col. Aldea Zama, C.P. 77760, Tulum, Quintana Roo, México
Phone: +52 984 203 7428
Email: margaritahan0@gmail.com
Website: elaia.space
Send any questions, complaints or claims about the app, these Terms or personal data to the Developer, not to Apple.

15. Languages

These Terms are published in Russian and English; a Spanish version is published separately. For users in Mexico, the Spanish text prevails. In case of any discrepancy, the interpretation more favourable to the user applies.

Annex 1. Model withdrawal form (for consumers in the EU/EEA)

Complete and return this form only if you wish to withdraw from the contract.

To: Margarita Khan (MARGARITA KHAN), Av. Aldea Zama, Manzana 1, Lote 10, Departamento I 301 N 2, Col. Aldea Zama, C.P. 77760, Tulum, Quintana Roo, México; email: margaritahan0@gmail.com

I hereby give notice that I withdraw from my contract for the supply of the following digital service: Elaia subscription.

Subscription start date:
Name of consumer:
Account email:
Date: