Terms and Conditions of Use and Sale (T&Cs) – Eloïa

1. Service Publisher

LUMALYA LDA
Portuguese law company

Contact : contact@eloia-connect.com
Administration : admin@eloia-connect.com

2. Purpose of the Service

Eloïa is a next-generation social application aimed at fostering authentic connections between users, whether relational, friendly or affinity-based, according to the intentions expressed by users (affinity, love or pleasure).

Eloïa is neither a marriage agency, nor a dating agency in the traditional sense, nor a relational brokerage service, and does not guarantee any result, whether romantic, relational, friendly or otherwise.

Eloïa reserves the right to develop, modify, suspend or remove all or part of the service's features, temporarily or permanently, particularly in the context of technical, functional or strategic developments, without giving rise to compensation.

3. Service Access – Eligibility Conditions and User Declarations

Access to and use of the Eloïa service is strictly reserved for persons aged 18 or over.

By creating an account and using the platform, the user declares and warrants:

• being legally capable of contracting in accordance with applicable law,
• not being subject to any legal prohibition on using digital services or social platforms,
• never having been convicted of violence, abuse, harassment, exploitation, sexual assault or any serious offense against others,
• using Eloïa solely for personal and legal purposes,
• not impersonating a third party or providing misleading information.

Eloïa reserves the right to refuse access to the service or suspend an account in case of serious doubt about compliance with these conditions.

4. Account Creation

Creating an account is necessary to access the platform's features.

At the time of launch, no official identity verification is required. Eloïa nevertheless reserves the right to offer optional verification mechanisms in the future, particularly through a verified profile badge reserved for premium offers.

5. Available Offers

5.1 Free Account

The free account provides access to the basic features of the application, as defined at the time of registration.

5.2 Premium Account

Eloïa offers a Premium plan, accessible by paid subscription.

• A Premium V1 version is offered at launch
• A Premium V2 version, enriched with additional features, may be offered later

The exact features may evolve at any time to improve the service.

6. Financial Conditions

The Premium offers by Eloïa are accessible by paid subscription, subscribed exclusively through Apple App Store and Google Play Store.

Subscriptions may be offered in different durations, including:

• weekly,
• monthly,
• quarterly,
• annually.

Applicable prices are communicated to the user before any subscription, directly through Apple or Google platforms. Prices may change at any time, without retroactive effect on periods already paid.

7. Payment, Renewal and Cancellation

Payments are managed exclusively by Apple App Store and Google Play Store, according to their own terms and conditions.

Subscriptions are automatically renewed at the end of each period, unless cancelled by the user from their Apple or Google account before the renewal date.

The user may cancel their subscription at any time via their Apple or Google account settings. Cancellation takes effect at the end of the current subscription period.

Any subscription period started or paid is due in full and does not give rise to any refund, unless otherwise provided by Apple or Google.

8. Right of Withdrawal and Refunds

In accordance with European regulations applicable to digital content and dematerialized services, the user acknowledges that the execution of the service begins immediately after subscription.

Refund requests are exclusively governed by the policies of Apple App Store and Google Play Store.

Eloïa does not intervene in the processing of refunds and cannot guarantee their acceptance.

9. Rules of Conduct and Prohibited Content

The user agrees to adopt respectful, kind behavior in accordance with Eloïa's values.

It is strictly prohibited to publish, share or transmit any content or behavior that:

• is illegal, fraudulent or deceptive,
• is violent, threatening, hateful, defamatory, discriminatory or harassing,
• contains unsolicited or non-consensual sexually explicit material,
• infringes on the dignity, privacy or rights of others,
• involves the exploitation, manipulation or endangerment of others,
• constitutes an attempt at fraud, financial solicitation or unauthorized commercial promotion,
• contains viruses, malicious scripts or any harmful technical element.

Any breach of these rules may result in the removal of the content concerned and/or the immediate suspension or deletion of the account.

10. Moderation and Reporting

Eloïa provides users with reporting tools to ensure a respectful and secure environment.

Eloïa reserves the right to:

• remove any content that does not comply with these T&Cs,
• suspend or delete an account, without notice or compensation, particularly in case of breach of the T&Cs, repeated reports or behavior deemed detrimental to the community.

11. User-Published Content

The user remains solely responsible for the content they publish on the platform.

They warrant that they have all rights, authorizations and consents necessary to publish said content, particularly regarding images, texts, personal data and information relating to third parties.

The user must not publish any content that infringes applicable laws and regulations or these T&Cs.

The user grants Eloïa a non-exclusive, worldwide, free license limited to the duration of use of the service, to allow hosting, display, technical reproduction and distribution of content strictly within the framework of the platform's operation.

12. Intellectual Property

All elements composing the Eloïa platform (trademarks, logos, interfaces, texts, algorithms, databases, design, features) are protected by intellectual property rights.

All music, sound atmospheres and audio content broadcast on the Eloïa application is provided or generated by Musikimo LDA, which has granted LUMALYA LDA a right of use and distribution strictly limited to the internal operation of the Eloïa application.

This audio content remains the exclusive property of its rights holders and may not be subject to any extraction, reproduction, recording, distribution or exploitation outside the application, in any form whatsoever.

Any unauthorized use constitutes a violation of intellectual property rights.

13. Liability

Eloïa undertakes to use reasonable means to ensure the proper functioning of the service, without however guaranteeing permanent availability or absolute security.

Despite the technical and organizational measures in place, Eloïa cannot guarantee total security of exchanges, data or interactions between users. The user acknowledges using the service at their own risk.

Eloïa does not guarantee the accuracy, sincerity or authenticity of information provided by users.

Eloïa cannot be held responsible for:

• content published by users,
• exchanges, behaviors or individual decisions,
• interactions, meetings or relationships initiated via the platform and continued outside it,
• personal, emotional, financial or physical consequences that may result from the use of the service.

14. Suspension and Termination

The user may delete their account at any time from the application.

Eloïa reserves the right to suspend or delete, temporarily or permanently, any user account, without notice or compensation, particularly in case of:

• violation of these T&Cs,
• behavior detrimental to the safety or well-being of other users,
• repeated or credible reports,
• false or misleading information,
• abusive or improper use of the platform.

This decision shall not engage Eloïa's liability.

15. Personal Data Protection

Personal data processing is governed by the Privacy Policy of Eloïa, accessible on the website and application.

16. Modification of T&Cs

Eloïa reserves the right to modify these T&Cs at any time.

Users will be informed of any substantial changes.

17. Force Majeure

Eloïa cannot be held responsible for any failure or delay in the performance of its obligations resulting from an event constituting force majeure as recognized by applicable legislation.

18. Applicable Law and Jurisdiction

These T&Cs are governed by Portuguese law.

Any dispute relating to their interpretation, validity or execution falls under the exclusive jurisdiction of Portuguese courts.