01The Parties
This EULA is entered into between:
Licensor: Eleva Platform Ltd, a company incorporated in England and Wales (Company Number: 17158073), registered office at 4A Central Square, Liverpool, L31 0AQ, United Kingdom ("Eleva", "we", "us").
Licensee: You, the individual end user ("you", "User").
This EULA applies to the Eleva mobile application ("App") and all updates, upgrades, and modifications thereto. This EULA is separate from, but should be read alongside, our Terms of Service and Privacy Policy.
02Grant of Licence
Subject to your compliance with this EULA and our Terms of Service, Eleva Platform Ltd grants you a limited, non-exclusive, non-transferable, revocable, personal licence to:
- Download and install the App on a compatible Android device owned or controlled by you;
- Use the App solely for your personal, non-commercial purposes in accordance with this EULA, except as expressly permitted under our Monetisation & Creator Earnings Policy;
- Access the features and services offered through the App as made available from time to time.
This licence does not grant you any rights to the App's underlying software, source code, databases, or intellectual property beyond what is expressly stated.
03Restrictions
You agree that you will not:
- Copy, modify, translate, adapt, or create derivative works of the App;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent permitted by applicable law;
- Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the App or any portion thereof;
- Remove, alter, or obscure any proprietary notices, labels, or marks on or within the App;
- Use the App to develop any competing service;
- Use the App in any unlawful manner or for any unlawful purpose;
- Use automated tools, bots, or scripts to access or interact with the App;
- Attempt to gain unauthorised access to any portion of the App or its related systems;
- Use the App in a way that could damage, disable, overburden, or impair it.
04Ownership & Intellectual Property
The App, including all software, design, graphics, interfaces, content (excluding User Content), databases, and documentation, is the exclusive property of Eleva Platform Ltd and is protected by UK and international intellectual property laws.
The licence granted to you under this EULA does not constitute a sale or transfer of ownership of the App or any intellectual property therein. All rights not expressly granted are reserved by Eleva Platform Ltd.
The name "Eleva", the Eleva logo, and all associated trade marks are the property of Eleva Platform Ltd. You may not use them without our prior written consent.
05Updates & Modifications
We may issue updates, patches, or new versions of the App from time to time. These updates may be mandatory in order to continue using the App. By using the App, you consent to the automatic installation of updates through the Google Play Store, unless you have disabled automatic updates on your device.
We reserve the right to modify, suspend, or discontinue any aspect of the App at any time with or without notice, and we will not be liable to you or any third party for such modifications or discontinuations.
06Third-Party Components
The App incorporates third-party software components, SDKs, and services, including:
- Google Firebase (authentication)
- AWS SDK (backend communication)
- Google AdMob SDK (advertising)
- Google Pay API (payments)
- Stripe Identity SDK (identity verification) — Stripe Payments UK Ltd (FCA FRN: 900461)
- Bunny CDN (media delivery)
Your use of these third-party components is governed by their respective licences and terms of service. Eleva makes no representations or warranties regarding third-party components and is not responsible for their availability, functionality, or data practices.
07Google Play Store
You acknowledge that this EULA is between you and Eleva Platform Ltd only, and not with Google LLC. Google is not responsible for the App or its content. In the event of any conflict between this EULA and the Google Play Developer Distribution Agreement, this EULA governs as between you and Eleva.
Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
08Privacy
The App collects and processes personal data as described in our Privacy Policy. By using the App, you consent to our data collection and processing practices as described therein. The Privacy Policy is incorporated into this EULA by reference.
09Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ELEVA PLATFORM LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ELEVA DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Nothing in this clause affects your statutory rights as a consumer under the UK Consumer Rights Act 2015 or equivalent applicable law.
10Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEVA PLATFORM LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS EULA SHALL NOT EXCEED £100 (ONE HUNDRED POUNDS STERLING) OR THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11Termination
This EULA is effective from the date you first download or use the App and continues until terminated.
We may terminate this EULA immediately and without notice if you breach any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices.
You may terminate this EULA at any time by deleting the App from your device and your account from the platform.
Sections 4, 9, 10, 12, and 13 survive termination of this EULA.
12Governing Law
This EULA shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales, subject to your rights as a consumer to bring proceedings in your local courts where required by applicable law.
13Contact
If you have questions about this EULA, contact us at:
Eleva Platform Ltd
4A Central Square, Liverpool, L31 0AQ, United Kingdom
Company Number: 17158073
Email: legal@elevaplatform.org