terms of service

Elixr Terms of Use

Last Updated: September 14th, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY! IT INCLUDES AN ARBITRATION PROVISION IN SECTION 17 REQUIRING ARBITRATION OF DISPUTES AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS.

Welcome to Elixr

Elixr is owned and operated by Elixr Social, Inc. (“we,” “us,” “our,” or “Elixr”), which includes, without limitation, our downloadable application (the “Elixr App”), our AI-based chatbot (“Bliss”) and our website located at www.elixr.love. Your access to and use of the Services is subject to these Terms, our Privacy Policy (which is incorporated herein by this reference), any additional terms disclosed to you (e.g., if you purchase or have purchased additional features, products, or services we may offer on/with the Service(s)), and all applicable laws and regulations. Please read these Terms carefully as they form a legally binding agreement between you (“you” and “your”) and Elixr (each, a “party” and collectively, the “parties”). If you do not accept and agree to be bound by these Terms, you are not authorized to access or otherwise use the Services or any Output (defined below) produced therefrom. Your access to and use of the Services constitutes your acceptance of and agreement to abide by these Terms. These Terms may be changed, modified, supplemented, or updated by Elixr from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented, or updated Terms if you continue to use the Services after such changes are posted; provided, however, that Elixr may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new content, information, features, products, and services added to the Services will also be subject to these Terms effective upon the Last Updated date set out above. You are encouraged to review the Services and these Terms periodically for updates and changes.

Your privacy is important to us. We maintain our Privacy Policy at https://elixr.love/privacy-policy-elixr/ We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version to the site linked above. We encourage you to periodically check the Privacy Policy for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using the Services.

1. Eligibility

You must be 18 years of age or older to visit, register, or use in any manner the Services. By visiting, requesting to use, registering to use, or using the Elixr App, or accepting these Terms, you represent and warrant to Elixr that you will use the Services in a manner consistent with any and all applicable laws and regulations and that you:

are 18 years of age or older;
have the right, authority, and capacity to enter into these Terms and to abide by the conditions set forth herein;
have never been charged, indicted, convicted of or pleaded no contest to a felony, a sex crime, or any crime involving violence;
have not previously been removed from the Services by us, unless we have given you express written permission to create a new account;
are not required to register as a sex offender with any government entity; AND
are not otherwise barred from using the Services under the laws of any state, the United States, or other applicable jurisdiction.

If at any time you do not comply with these requirements, you must immediately delete your account. In addition, if Elixr learns that you do not comply with the requirements above or that you provided false or misleading information, Elixr may delete your account.

2. Usage and Subscriptions

To fully utilize or access the Services, you may need to purchase a subscription (“Subscription”). A Subscription may include group coaching, group workshops, coaching delivered through Bliss, access to pre-recorded video content, certain assessments and evaluations, and other features, products, and services which may change from time to time at our discretion.

Some Subscriptions may automatically renew on a timeframe or period that will be disclosed to you prior to your purchase of any such Subscription. IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW FOR THE SAME TIME PERIOD AT ELIXR’S THEN-CURRENT RATES FOR SUCH SUBSCRIPTION. To avoid charges for a new subscription period, you must cancel the subscription before the end of the then-current subscription period by unsubscribing or canceling your subscription through the App Store and/or Google Play Store. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but you will not be eligible for a prorated refund and your subscription will not be renewed when that period expires. You will be given notice of changes to your subscription or the pricing of your subscription and an opportunity to cancel. If Elixr changes the prices and you do not cancel your subscription, you agree that you will be charged at Elixr’s then-current pricing for the subscription.

3. Illegal and Unauthorized Use

Once you’ve registered on the Elixr App, the account you create is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Illegal and or unauthorized use of the Elixr App, including but not limited to collecting personal information, usernames, or email addresses of users by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing of or linking to the Elixr App may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief. Elixr has the right to investigate and refer you to applicable law enforcement authorities if you have misused the Services, taken any actions in defiance of these Terms, or if you have conducted actions that are fraudulent, abusive, harmful, unlawful, or illegal.

4. Your Account Security

You are responsible for the confidentiality of your Elixr App login credentials. You are fully responsible for all actions and activities that occur under your username and password. Elixr will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you log out of your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or there has been unauthorized use of your account, you agree to immediately notify Elixr.

5. Communication and Privacy

As an Elixr user, you will be auto-subscribed to our email messaging service. You may unsubscribe from the emails at any time, but we will continue to send you any Service-related messages. We may use your email address, phone number, or Elixr account to contact you about important changes to the Services or special offers. By registering as a user, you hereby consent to receive text messages and/or phone calls in connection with the provision of the Services. Standard messaging and data rates may apply. You must notify us in advance if you cancel or change your mobile phone number attached to your account. To do so, please contact the Customer Success team at [email protected].

Additionally, if you do not want to receive such messages, please contact us at [email protected] or refer to our Privacy Policy to review your options.

We reserve the right to publish non-identifying quotes and remarks from your date feedback or coach reviews at any time and without notice. Attribution is limited to first name, age, and city unless permission for complete attribution has been provided in advance.

6. Interactions with Your Coach

Successful coaching collaborations are only possible when you trust your coach’s strategies. If you exhibit a problematic or repeated lack of availability to the coach or the coach reports to us that you behaved poorly or you violate any of these Terms, we will work with you in good faith to try to promptly resolve such issues. However, if we are unable to resolve these issues with you, we reserve the right to terminate your account and/or your Subscription. You will not be entitled to a refund for the Services.

The coaches are independent contractors. The coaches are not employees, agents, or representatives of Elixr. The Elixr App’s role is limited to providing a platform to enable coaching services. The coaches themselves are responsible for the performance of the coaching services.

The recording, broadcast, or any other form of use of the coaching services is strictly prohibited. This includes, but is not limited to, audio or video recording, live streaming, and photography for commercial or personal purposes. All coaching services are protected by copyright and other intellectual property laws. Unauthorized recording, reproduction, or distribution may result in legal consequences.

7. Acceptable Use Policy

The following is a list of rules that govern your conduct in connection with your use of the Services. You represent, warrant and agree that:

You will not pretend to be any person or entity other than yourself.
You will not imply or state that any statements you make are endorsed by Elixr without our prior written consent.
You will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
You will not use the Services to advertise or solicit for commercial goods or services.
You will not harass, annoy, intimidate, threaten, or otherwise engage in any unreasonable conduct toward any Elixr employees or agents engaged in providing the Services to you.
You will not use the Services to transmit, upload, or distribute any electronic/computer viruses, spyware, adware, trojan horses, or anything else that might cause harm to other users of the Services, Elixr, the online community, or Elixr systems.
You will not use a robot, spider, or any other manual or automatic process or device to data-mine, data-crawl, scrape, or index the Services in any manner.
You will not attempt to reverse engineer or otherwise discover any underlying components or functionality of the Services.
You will not use (or enable any third party to use) the Services, or any component thereof to create, train, or improve (directly or indirectly) any other product or service that is directly or indirectly competitive to the Services.
You will not hack or interfere with the Elixr App, its servers, or any connected networks.
You will not modify the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Elixr App and/or the Services. You also agree that you will not aid others in such activities.
You will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.
You will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like content is coming from Elixr or its users when it is not.
You will not post, publish, display, or transmit in any way, any proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.

If Elixr determines, in its sole discretion, that you have breached any of the above rules or these Terms, or have otherwise demonstrated inappropriate conduct, Elixr reserves the right to: (a) warn you that you have violated the Terms; (b) delete Content (as defined below) that you have provided; (c) suspend or terminate your account or Subscriptions without refund; (d) notify and/or send your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue to any other action which Elixr, in its sole discretion, deems to be appropriate.

8. Content Provided by You

Any content, words, photographs, messages, or other information (collectively, “Content”) provided to us through the Elixr App or to coaches during coaching sessions shall remain your sole and exclusive property. You are fully and solely responsible for all of the Content that you provide, publish, display, or upload in connection with your use of the Services. You are also fully and solely responsible for any Content that you provide or transmit to coaches. You agree that you will not provide any inaccurate, misleading or false information to Elixr or any other user. If information provided to Elixr subsequently becomes inaccurate, misleading or false, you will immediately notify Elixr of such change and provide a correction (if applicable).

All information you provide to us must be accurate, current, and complete. You may not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, profane, offensive, threatening, harassing, racially offensive, or illegal material and doing so may result in Elixr terminating your account or Subscription without a refund. You may not provide, publish, display, or transmit any material that infringes or violates another party’s rights (including but not limited to intellectual property rights, rights of privacy, and copyright rights). We encourage you to report to us any inappropriate Content or misconduct that you become aware of on the Elixr App and/or the Services.

Elixr reserves the right at any time and without notice to review and delete any offending content, messages, photographs, or files that, in Elixr’s sole judgment, violate these Terms or which might be offensive or illegal, or that might violate the rights, harm, or threaten the safety of yourself or other users. We also reserve the right to terminate the accounts of violators at any time and without notice. Elixr, in our sole discretion, reserves the right to investigate and take appropriate legal action against anyone who violates these Terms. The following is a list of the kind of Content that is illegal or prohibited in connection with your use of the Services:

Content that advocates, endorses, condones, or promotes harassment of others, or Content that actively or indirectly harasses others.
Content that is offensive and harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Content that involves the creation of or transmission of spam, unsolicited mail, junk mail, chain letters, advertisements or commercial solicitations.
Content that engages others in promotional, commercial activities, or sales without Elixr’s prior written consent, including, but not limited to, sweepstakes, contests, pyramid schemes, or advertising.
Content that provides materials or access to materials that exploits people in an abusive, violent, or sexual manner.
Content that you know, or should reasonably know, is false, inaccurate, misleading, or promotes illegal activities.
Content that is abusive, threatening, obscene, libelous, or defamatory.
Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property.
Content that provides instructions on how to conduct, or that advocates for, illegal activities.

By providing Content to Elixr, you are granting, and represent and warrant that you have the right to grant Elixr, an irrevocable, perpetual, transferable, sub-licensable, non-exclusive, fully paid, royalty-free, worldwide license to host, store, use, integrate in other works, copy, alter, adapt, edit, display, publish, reproduce, translate, and market such Content for the purposes of allowing us to provide the Elixr App and the Services hereunder or for otherwise fulfilling our obligations under this Agreement. You agree that use of such Content by Elixr in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party and shall indemnify us as set forth in Section 14 below in the event the Content does so.

9. Bliss, Prompts, Outputs, and Materials

You may submit text, documents, or other materials to Bliss for processing (“Prompts”) and receive responses based on your Prompts (“Outputs”). Outputs and Prompts collectively are “Materials.” You acknowledge and agree that Bliss utilizes experimental artificial intelligence technologies and that the Outputs generated by Bliss may be similar or identical to Outputs provided to other users of Bliss. You represent and warrant that you have all rights, and have provided any notices and obtained any consents, that are necessary for us to process any Prompts you submit to Bliss in accordance with these Terms. You represent and warrant that your submission of Prompts will not violate these Terms or any laws applicable to those Prompts—including intellectual property laws and any privacy or data protection laws governing personal information contained in your Prompts. Except as expressly provided in our Terms, you retain all right, title, and interest—including any intellectual property rights—that you have in and to your Prompts. Subject to this Section 9 and without limiting Section 11, we authorize you to use the Outputs for the Permitted Use.

If you submit any personal information to us in connection with your use of Bliss, whether as part of your Prompts or otherwise, you acknowledge that our Privacy Policy governs our use and processing of such personal information.

We make no representations or warranties with respect to the accuracy of any Outputs. You should not rely on any Outputs without independently confirming their accuracy. Outputs may contain material inaccuracies even if they appear accurate because of their level of detail or specificity. The Services and any Outputs may not reflect correct, current, or complete information.

We may use Materials and Content to provide, maintain, and improve Bliss (including, without limitation, the creation, development, and improvement of custom models), develop other products and services, and for monitoring and preventing abusive or harmful uses of Bliss.

10. Copyright, Trademarks, and Other Proprietary Information

You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information in association with Elixr and the Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:

A physical or electronic signature of the individual or entity who owns the copyright;
A description of and url link to the copyrighted work that you believe has been infringed upon;
Your postal mailing address;
Your telephone number;
Your email address; and
A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.

A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner’s behalf.

Send claims to:

Elixr Social, Inc.

244 Fifth Ave Suite S246

New York, NY 10001

512-222-8297

[email protected]

11. Our Proprietary Rights; Feedback

The Elixr App contains trademarks, copyrighted material, intellectual property, and other proprietary information of Elixr. We own, control, or retain licenses to all proprietary rights in the Elixr App and the Services. You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless the information is in the public domain or we have given you explicit written permission.

If you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Elixr App or the Services (collectively “Feedback”), you agree we may use the Feedback to modify the Elixr App or the Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

12. Disclaimer of Warranties

ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES (INCLUDING ANY OUTPUT FROM BLISS AND ANY COACHING ADVICE) ARE PREPARED BY ELIXR FOR THE CONVENIENCE OF ITS USERS AND IS NOT INTENDED TO CONSTITUTE ADVICE OR RECOMMENDATIONS UPON WHICH A USER MAY RELY. THE SERVICES SHOULD NOT BE CONSTRUED AS PSYCHOTHERAPEUTIC, LEGAL, FINANCIAL, TAX, MEDICAL, OR ANY OTHER KIND OF PROFESSIONAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, COUNSELING, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION AND YOUR ABILITY TO USE THE SERVICES AND ANY INFORMATION OBTAINED THEREFROM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE SERVICES. THE SERVICES MAY CONTAIN INFORMATION, DISCUSSIONS, OR MATERIALS THAT CONTAIN SEXUALLY EXPLICIT CONTENT AND IS INTENDED FOR MATURE INDIVIDUALS. WE DO NOT WARRANT THAT THE SERVICES OR ANY INFORMATION OBTAINED THEREFROM WILL BE ERROR-FREE, ACCURATE, TIMELY, NON OFFENSIVE, UNBIASED, OR RELIABLE.

IF YOU ARE HAVING A HEALTH EMERGENCY OR MENTAL HEALTH CRISIS YOU SHOULD IMMEDIATELY CALL 911 (HEALTH EMERGENCY) OR 988 (MENTAL HEALTH CRISIS). DO NOT USE OR RELY ON THE SERVICES FOR ASSISTANCE.

YOUR USE OF THE SERVICES AND ANY INFORMATION OBTAINED THEREFROM IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE.

13. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT ELIXR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (E) DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ELIXR HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR ANY INFORMATION OBTAINED THEREFROM, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ELIXR AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnity

To the fullest extent permitted by law, you agree to hold harmless, defend, and indemnify Elixr, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees against and from all losses, claims, demands, costs, liability, lawsuits, damages, expenses, and attorney’s fees due to, arising from, or relating in any way to your access to or use of our Services, your Content, your conduct toward others, or your breach of these Terms. You agree to cooperate fully with Elixr as is required by such a claim. Elixr has the right, at its own costs and in its sole discretion, to defend itself fully and exclusively in relation to any claim of indemnification by you.

15. Interactions with Third Parties and External Sites

The Services may contain links to other sites or online services owned and operated by parties other than Elixr (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. Unless specifically identified in writing, we do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services. In the event the Services provide Third Party Links, you acknowledge and agree that Elixr is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Elixr is under no obligation to maintain any link on the Services and may remove a link at any time in its sole discretion for any reason whatsoever. Elixr shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Elixr is not responsible for the privacy practices of any other websites.

16. Apple Store Terms

You acknowledge and agree that these Terms are a binding agreement between you and Elixr, and which Elixr is required to pass onto you by Apple: (a) these Terms are between you and Elixr only, and not with Apple, and Elixr is solely responsible for its iOS application (the “iOS App”) and the content thereof; (b) there are additional usage rules for the iOS App by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the iOS App or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App; (e) Elixr, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS App, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS App infringes a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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).

17. Arbitration, Class-Action Waiver, Jury Waiver, and Governing Law

EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, or relating to any of the Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this section shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this section shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.

You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This section shall survive any termination of these Terms. If any part of this section, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this section shall be unenforceable.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

To the full extent permitted by applicable law, both you and Elixr waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

18. Severability

These Terms contain the entire agreement between you and Elixr regarding the use of the Elixr App and/or the Services. These Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

19. Miscellaneous

These Terms are not assignable, transferable. or sublicensable by you without the prior written consent of Elixr. Elixr may assign these Terms in whole or in part without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

Headings are for convenience only and have no legal or contractual effect. All notices under these Terms shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested, except as otherwise provided by these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The Terms are governed by the laws of the State of New York, USA and controlling federal law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the federal or state courts of New York and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms apply to the maximum extent permitted by law.

Elixr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

20. Contact Us

If you have any questions, concerns or notices of violation of these terms, please email us at [email protected] or contact us by mail at:

Elixr Social, Inc.
244 Fifth Ave Suite S246 New York, NY 10001