Terms & Conditions

1. Acceptance of Terms

By downloading, installing, or using elan ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App. These Terms form a legally binding agreement between you and elan ("we", "us", or "our").

These Terms apply alongside our Privacy Policy, which is incorporated by reference. Together they constitute the entire agreement between you and elan regarding your use of the App.

We may update these Terms at any time. Material changes will be communicated through the App or by email at least 14 days before taking effect. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.

2. Eligibility and Account Creation

You must be at least 13 years old to create an account. If you are between 13 and 17, you must have the consent of a parent or legal guardian who agrees to these Terms and our Privacy Policy on your behalf. In jurisdictions where the minimum age for data processing consent is higher (e.g., 16 in many EU/EEA member states), the higher age applies.

You agree to:

• Provide accurate, current, and complete registration information (display name, username, email address)
• Keep your account information up to date
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activity that occurs under your account

You may not:

• Create an account on behalf of another person without their express authorisation
• Impersonate any person or entity, or falsely represent your affiliation
• Register more than one account per person for the purpose of gaining unfair advantage on leaderboards or challenges
• Use a username that is offensive, misleading, or infringes another person's rights

We reserve the right to suspend or terminate accounts that violate these Terms at our discretion, with or without notice.

3. The App and Its Features

The App provides the following features, subject to these Terms:

Activity Tracking
GPS-based tracking of outdoor activities (run, cycle, hike, walk) using your device's location hardware. Workout tracking (weights, sets, reps) and manual logging for other activity types. Statistics including distance, pace, elevation, and estimated calories are provided for informational purposes only — see the Health Disclaimer in Section 6.

Alarms and Morning Routines
Customisable smart alarm with configurable wake-up challenges designed to help you get out of bed. Wake-up challenges may use your device's camera (QR scan, mirror selfie), microphone (clap/sound detection), and motion sensor (step counting). By enabling these challenges, you grant the App temporary access to the relevant hardware solely for the duration of the challenge. Audio is processed entirely on-device — no audio is recorded or transmitted. Camera previews during mirror-selfie steps are not captured or stored unless you explicitly take a photo.

Health Dashboard
An overview of your activity, sleep, nutrition, and step data. On iOS, with your permission, the App can read and write health data via Apple HealthKit. You may revoke HealthKit access at any time in iOS Settings.

Sleep and Nutrition Logging
Manual logging of sleep duration, quality, and notes. Manual logging of food intake including calories and macronutrients. Nutrition search uses the USDA FoodData Central and Open Food Facts APIs. This data is private to your account.

Social Feed and Stories
Post activity updates, photos, and captions to a social feed. Public posts are visible to other users. Private posts are visible only to you. Stories are 24-hour updates that are automatically and permanently deleted after 24 hours.

Collaborative Activities
Start a collaborative workout session with a buddy. When you invite a buddy to a collaborative activity, your activity session is linked to theirs. You are responsible for only inviting users who have consented to train with you.

Daily Challenges
One daily puzzle is available in each of the following game types: Wordle (word guessing), Color Match, Sound ID, Price Tag, Shape, Trivia, and Time. All users play the same puzzle on a given day. Challenges reset daily at midnight local time.

Groups and Clans
User-created communities for shared sport or fitness interests. Groups and clans may be public or invite-only. The group/clan owner is responsible for the conduct of their community.

Direct Messages
Private one-to-one messaging between users. Messages are stored in Firestore and are not actively monitored. We reserve the right to review messages reported for abuse or as required by law.

Points and Leaderboards
A points system rewards verified activities, challenge completions, morning routine completion, and social interactions. Points appear on weekly and monthly leaderboards visible to other users.

4. User Conduct

You agree not to use the App to:

• Post, share, or transmit content that is unlawful, harmful, defamatory, obscene, sexually explicit, or promotes violence or discrimination
• Harass, bully, stalk, or threaten other users
• Impersonate any person or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorised access to any part of the App, its infrastructure, or another user's account
• Scrape, crawl, or systematically extract data from the App
• Use automated means (bots, scripts) to interact with the App or to manipulate leaderboards, points, or challenge results
• Use the App for any commercial purpose (including advertising, solicitation, or spam) without our prior written consent
• Share content that infringes the intellectual property or privacy rights of others
• Violate any applicable laws or regulations

We may remove content that violates these rules and may suspend or terminate the accounts of users who engage in prohibited conduct, without prior notice and without refund.

5. User-Generated Content

You retain ownership of all content you create and post through the App, including activity posts, photos, stories, comments, and direct messages ("User Content").

By posting User Content, you grant elan a worldwide, non-exclusive, royalty-free, sublicensable licence to use, store, display, reproduce, and distribute your User Content solely for the purposes of operating and improving the App. This licence ends when you delete your content or account, except where your content has been shared with others (e.g., a comment on someone else's post) and they have not deleted it.

You represent and warrant that:

• You own or have the necessary rights to all User Content you post
• Your User Content does not infringe the intellectual property, privacy, or other rights of any third party
• You have the consent of any individual who is identifiable in photos you post

Visibility rules for posts
Public posts are visible to all users and may appear in the public activity feed. Private posts (private saves) are stored separately and are visible only to you. Archiving a public post removes it from the feed and converts it to a private save. Restoring an archived post returns it to public visibility.

Stories
Stories are ephemeral — they are visible to your social connections for 24 hours from the time of posting, after which they are automatically and permanently deleted from our servers. We are not responsible for screenshots or copies made by other users before deletion.

6. Health and Fitness Disclaimer

THE APP IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR HEALTHCARE PROVIDER, AND DOES NOT PROVIDE MEDICAL, CLINICAL, THERAPEUTIC, OR DIETARY ADVICE.

All content, features, and functions — including GPS activity tracking, calorie estimation, nutrition logging, sleep logging, health dashboards, morning routines, wake-up challenges, and AI- or formula-generated workout plans — are provided for informational and motivational purposes only and must not be relied upon as a substitute for professional medical or dietary advice.

Activity statistics (distance, pace, elevation, calories burned) are estimates derived from GPS data and MET-based formulas. They may not be accurate and should not be used for clinical, medical, nutritional, or training decisions without independent professional verification.

Before starting any new exercise programme, diet, or health regimen, you should consult a qualified medical professional. If you experience pain, chest discomfort, dizziness, shortness of breath, or any other concerning symptoms during exercise, stop immediately and seek medical attention.

The wake-up alarm and morning routine features are designed for motivational assistance only. elan is not liable for any consequences arising from use of the alarm, including but not limited to oversleeping, disturbance to other persons, or injury caused during a challenge.

You assume all risk of injury or adverse health outcome from using the App or following any routines, plans, or challenges generated by the App.

7. Points, Challenges, and Leaderboards

The App awards points for completing GPS activities (verified by expo-location GPS data), workout sessions, daily challenges, morning routine completions, and certain social interactions. Points have no monetary value, cannot be redeemed for cash or prizes, are not transferable between accounts, and may be adjusted, reset, or removed at any time at our discretion without notice.

Daily challenges (Wordle, Color Match, Sound ID, Price Tag, Shape, Trivia, Time) reset daily and are seeded deterministically — all users play the same puzzle on any given day. One attempt is permitted per game per day (unless otherwise specified). Leaderboards are reset monthly and are for entertainment and motivational purposes only. We do not guarantee the accuracy of leaderboard rankings.

Attempting to manipulate points, leaderboards, challenge results, or streak counts through cheating, scripting, use of multiple accounts, or other illegitimate means constitutes a violation of these Terms and may result in account suspension or permanent termination.

8. Collaborative Activities

The collaborative activity feature allows you to link a workout session with a buddy. By initiating a collaborative session, you confirm that the selected buddy has consented to train with you through the App. Do not send collaborative activity invitations to users who have not agreed to participate.

Completing a verified collaborative activity with a buddy awards bonus points to both participants. elan does not verify that the collaborative activity physically took place — you are responsible for the accuracy of the activities you log.

9. Groups, Clans, and Communities

Groups and clans are user-created communities. Group and clan owners and administrators are responsible for the content and conduct within their communities and must ensure compliance with these Terms.

We reserve the right to remove, dissolve, or take administrative action on any group or clan that violates these Terms, without prior notice and without liability to the group's members or owner.

Direct messages are private between participants. We do not actively monitor direct messages; however, we reserve the right to review messages that are reported for abuse and to take appropriate action, including deletion of messages or termination of accounts.

10. Device Permissions

The App requests the following device permissions, each for a specific purpose:

• Location (when in use) — GPS tracking during active outdoor workouts. You control when to start and stop GPS tracking.
• Location (background, optional iOS) — continued GPS sampling when the screen turns off during an active workout. Revocable in Settings.
• Camera — QR-scan and mirror-selfie wake-up challenges, and attaching photos to posts. No image is captured without your explicit action.
• Microphone — sound-detection wake-up challenge (clap or voice). Audio is processed on-device only; nothing is recorded or transmitted.
• Motion / Activity Recognition — step-count wake-up challenge. Used only during the active challenge.
• Notifications — alarm alerts, social notifications (likes, comments, buddy requests), and reminders. Revocable in Settings.
• Photo Library — selecting photos from your library to attach to posts.
• Apple Health (read) — importing step count and sleep data to the Health dashboard.
• Apple Health (write) — exporting completed workout summaries to Apple Health.

Revoking any permission may limit or disable related App features. No permission is required merely to create an account or browse the social feed.

11. Privacy

Your use of the App is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, use, and processing of your data as described in the Privacy Policy. The Privacy Policy describes in detail what data we collect, why, who we share it with, how long we retain it, and how you can exercise your rights.

12. Intellectual Property

All intellectual property in the App — including its design, source code, logos, icons, graphics, challenge puzzles, and written content created by us — is owned by elan or its licensors and is protected by copyright, trade mark, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, reverse-engineer, or create derivative works from any part of the App without our prior written consent, except as expressly permitted by applicable law (e.g., fair dealing or fair use for personal, non-commercial purposes).

The elan name, logo, and marks are trade marks of elan. You may not use them without our prior written consent.

13. Disclaimers and Limitation of Liability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ACTIVITY STATISTICS (DISTANCE, PACE, CALORIES, ELEVATION) WILL BE ACCURATE; (C) THE APP WILL MEET YOUR SPECIFIC FITNESS, HEALTH, OR NUTRITIONAL NEEDS; (D) THE APP WILL FUNCTION CORRECTLY UNDER ALL NETWORK OR DEVICE CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP (INCLUDING THE ALARM, MORNING ROUTINE, GPS TRACKING, OR HEALTH FEATURES), EVEN IF ELAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless elan and its officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the App (including any activity, health, or challenge feature)
• Your User Content
• Your violation of these Terms
• Your violation of any third party's rights (including intellectual property or privacy rights)
• Any inaccurate information you provide to us

15. Account Termination

You may delete your account at any time through the App (Settings → Account → Delete Account). Account deletion is permanent and irreversible. All your personal data will be deleted in accordance with Section 6 of the Privacy Policy.

We may suspend or terminate your account at any time if we believe you have violated these Terms, without prior notice and without liability to you. In the event of termination for cause, any points, streaks, leaderboard positions, or community memberships associated with your account are forfeited.

Upon termination, your right to use the App ceases immediately. Sections 5, 11, 12, 13, 14, and 16 survive termination of these Terms.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with applicable law. Any dispute arising out of or relating to these Terms or the App will be subject to the exclusive jurisdiction of the competent courts in the applicable jurisdiction.

Before initiating any formal legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute in good faith within 30 days. If we cannot reach a resolution, either party may pursue formal legal remedies.

Nothing in this clause limits any statutory rights you may have under applicable consumer protection laws that cannot be excluded by contract.

17. Apple App Store Terms

If you downloaded the App from the Apple App Store, the following additional terms apply. You acknowledge and agree that:

(a) These Terms are concluded between you and elan only, and not with Apple, Inc. ("Apple"). Apple is not a party to these Terms and is not responsible for the App or its content. As between elan and Apple, elan alone is responsible for the App.

(b) Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

(c) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the App purchase price (if any) to you. To the maximum extent permitted by applicable 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 will be elan's sole responsibility.

(d) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation.

(e) In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, elan (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

(f) You must comply with applicable third-party terms of service when using the App (e.g., you must not be in violation of your wireless data service agreement when using the App).

(g) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18. Miscellaneous

Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and elan regarding the App and supersede all prior agreements.

Severability
If any provision of these Terms is found invalid or unenforceable by a court, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force.

No waiver
Our failure to enforce any right or provision of these Terms at any time will not constitute a waiver of that right or provision.

Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

Force majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including network outages, acts of God, or third-party service failures.

19. Contact Us

For questions about these Terms or to report a violation, please contact:

elan
Email: [email protected]

For privacy-related requests, please email: [email protected]