Terms and Conditions of Use

Welcome to ēllu!

 

The ēllu Application (hereinafter, the “Application” or “App“) is a platform designed, developed and made available to Users, by the entity TU NUEVA RED DE COMUNICACIÓN, S.L.U. (hereinafter, “ēllu”), with registered office at Paseo de la Castellana,144 – Planta 14º Letra B, 28046 Madrid, and tax identification number B86525086. ēllu, is registered in the Madrid Mercantile Registry, in Sheet M-543585, Volume 30199, Page 1.

These Terms and Conditions of Use govern the access and use by Users of the App and the terms of service (hereinafter, the “ēllu Service“) that ēllu provides through the Application.

Please read these Terms and Conditions of Use carefully, which contain all information regarding your rights and obligations as a User of the ēllu Service. Similarly, please read the Privacy Policy, which is part of these Terms and Conditions of Use. By accessing and/or using the App, you acknowledge that you have read, understood and accepted, without reservation of any kind, each and every one of the following Terms and Conditions of Use. Otherwise, you should not access or use the App.

  1. Description of the ēllu Service.

The purpose of the ēllu Service is the provision by ēllu of a messaging/communication/instant location service via mobile phone and/or intercom bracelet (ēllu Band), to provide a new platform for communication, social organisation and security, in a private and fun environment, allowing you to communicate, locate and share experiences with those of your choice.

This Service is provided through the Application and the ēllu Band, through which, as a User (hereinafter, “You” or the “User“, interchangeably), you can access a series of tools that ēllu has designed, developed and included in the App to make it easier for you to issue and receive alerts for certain features (SOS, Pager, Aware, Proximity, Leash, Let’s Meet, Calendar, Alarm).

ēllu informs that it does not have direct access to, nor does it directly control the content of the messages that Users exchange when using the App.

  1. Registration procedure.

In order to register and obtain your User account, it is necessary that you provide the data required for this purpose. In order to use the Application you must confirm your registration with the activation code that will be provided to you by SMS after the registration process. The collection and processing of your personal data will be in accordance with the provisions of the Privacy Policy of ēllu. The Terms and Conditions for the purchase of the ēllu Band and/or subscription to the Service provided by ēllu are regulated on the Website and in the App.

ēllu shall not be liable for misuse of the User’s account and for consequences of any nature arising from misuse by the User or by unauthorised third parties.

The User represents and warrants that the information provided for registration in the ēllu Service, as well as any other personal information provided to ēllu is true, complete and up to date, and undertakes to notify any changes or updates to such data.

Only persons over the age of fourteen (14), or who have the legal authority, right and freedom to accept these Terms and Conditions of Use as a binding agreement under the laws of their country may register for the Application. You are not permitted to use this App and/or use the ēllu Service if it is prohibited in your country, or under any law or regulation applicable to you. By contracting the ēllu Service, you represent and warrant that you are at least fourteen (14) years of age and that you have no legal impediment to make the contract, being fully responsible for this statement.

In the event of persons under 14 years of age, or the age required in their country, it will be the father, mother and/or legal guardian, who must authorise and sign, as legal representatives, the Privacy Policy and the acceptance of these Terms and Conditions of Use. For this purpose, the parent or legal guardian of the minor shall sign the corresponding authorization, which will be provided by ēllu, and forward it to ēllu to be kept on file.

References in these Terms and Conditions of Use to “User” shall also refer to parent(s) and/or legal guardian(s) in the case of minors under the age of fourteen (14).
ēllu cannot guarantee the identity of Users, who assume full responsibility in case of fraudulent registration or impersonation.

ēllu may require the User and/or their parent or legal guardian, at any time, proof of identity by providing a photocopy of your ID card or equivalent document. Failure to provide this information by the User or his/her parent and/or legal guardian, within the period indicated by ēllu,may lead to the closure of the User Profile and even the suspension and/or termination of the provision of the ēllu Service.

By registering with ēllu you will be able to receive messages from us by email or any other form of contact you provide (including your telephone number). In addition, if you opt-in, you may receive notices and promotional materials. If you no longer wish to receive such promotional materials or notices, simply let us know at any time at info@ellu.app, or via the unsubscribe link provided in each communication sent to you.

  1. ēllu Full Service Subscription (Premium Subscription).

You can enjoy all the features of ēllu Full Service (Premium Subscription) free of charge from the moment you download the App on your mobile device, subject to acceptance of the Terms and Conditions of Use, for a period of eight weeks, after which you will only have access to some of them.

To enjoy all ēllu features, you can subscribe to the ēllu Full Service (Premium Subscription) and choose the subscription fee (monthly/annual) that best suits your needs. To complete the purchase process, you will have to click on the “Subscribe” button and fill in the mandatory details. Finally, you must make the payment using the available payment methods.

The fee for the ēllu Full Service and any other charges you may incur in connection with your use of the ēllu Service, such as taxes and possible return charges, will be charged on a monthly or annual basis depending on the payment method you have provided.

Payments are processed through our payment provider Stripe, which is PCI DSS compliant. All payment information is handled, processed and verified by Stripe. All processing is carried out in a secure environment.

  1. Prohibited Uses.

The User is entirely responsible for access to the Application and proper use of the ēllu Service and User Profile subject to the laws in force from time to time (whether national or international), as well as the principles of good faith, custom and public order, and with the commitment to diligently observe any instructions that, in connection with such use and access, may be provided by ēllu in accordance with the provisions of this document.

The User shall be obliged to make reasonable use of the ēllu Service, its content and tools, according to the possibilities and purposes for which they were designed.

As a User of the ēllu Service, we inform you that it is PROHIBITED and, therefore, its consequences will be your sole responsibility, to access or use the Application for illegal or unauthorised purposes, with or without economic purpose, and, in particular, by way of example and without the following list being in any way restrictive, it is prohibited:

  1. To use the Application to make comments that are insulting, intimidating, humiliating, discriminatory, that incite hatred or violence, or that in any way violate the honour or privacy of individuals.
  2. To use the Application to send commercial communications.
  3. To use the Application to send mass messages, commercial or otherwise.
  4. To use the Application in any other way that involves commercial use.
  5. To use any technical, logical or technological resource by virtue of which any person, whether or not a User of the ēllu Service, may benefit, directly or indirectly, whether for profit or not, from the content and tools of the Application.
  6. To insert in any website, forum or social network profile, a link, hyperlink, framing or similar link that redirects in a non-consensual manner to the content and tools of the Application.
  7. To take any action that could disable, overload or affect the proper functioning or appearance of the Application.
  8. To introduce computer viruses, defective files, or host, store, distribute or share any other material or computer programme that may cause damage or alterations to the contents, programmes or systems of the Application.
  9. To alter or modify any part of the Application by circumventing, activating, disabling or otherwise tampering with the functions of the Application.
  10. To use or resell for unauthorised commercial purposes the content and/or tools accessible through the Application.
  11. To host illegal content or content that infringes third party rights on or through the Application.
  12. To create a false identity, provide and/or use false data in the User Profile, or register a User Profile in the name of another person, including any other use of another person’s identity and, in particular, impersonation.
  13. To use the ēllu Service in a manner that infringes the law.

The occurrence of any of the above practices defined as prohibited uses, or any other practices that do not fall within the category of permitted uses as defined, shall entitle ēllu to take such measures as it deems necessary in its sole discretion, or at the request of the third party concerned or competent authority, including the closure of the User Profile and even the suspension and/or termination of the provision of the ēllu Service.

The adoption of such measures shall not entitle the User to any compensation.

The User is solely responsible for the information, opinions, allusions or content of any kind that may be communicated through the ēllu Service.

  1. Exclusion of liability.
  • For the content provided by Users.

If any of the content, files, information, advertising, opinions, concepts, images, or other, released by the User as a result of the use of the ēllu Service were contrary to these Terms and Conditions of Use, custom, law, good faith, public order, infringe the rights of third parties, or contain any type of computer virus or similar, ēllu may proceed to their withdrawal, once they are known by ēllu.

The User shall be solely and exclusively responsible for the content provided through the ēllu Service and undertakes to hold ēllu harmless for misuse of the Application.

ēllu shall not assume any liability, whether direct or indirect, arising from the misuse of the ēllu Service by the User, the User assuming, in any case, under his/her sole responsibility, the consequences, damages or actions that may arise from their access or use of the ēllu Service against ēllu or/and against third parties.

  • For the operation of the ēllu service.

ēllu provides its services and content using all technical means at its disposal to perform such provision satisfactorily. The User acknowledges that there may be discontinuity in the provision of the ēllu Service, arising from specific needs, crashes of data networks, disconnections between the ēllu Band and the Application, age of the software of the phone (terminal) associated with the ēllu Service, non-functioning of the ēllu Band due to lack of battery or for any other reason not controllable by ēllu, such as maintenance, overloading, etc.

In the event of temporary disruption of the ēllu Service for such reasons, ēllu’s liability shall be limited to the reduction of the price proportional to the time of reduction of the ēllu Service.

ēllu may, where it deems appropriate or where necessary, make corrections, improvements or modifications to the content and/or tools that make up the Application, without giving rise to, or entitling to, any claim or compensation, or implying any acknowledgement of liability on the part of ēllu.

ēllu shall not be liable for damages of any kind that may arise from the knowledge that unauthorised third parties may have of your data and the use they make of the ēllu Service through these data. By registering and using the ēllu Service, you accept that data transmitted over the Internet are not fully protected, given that security measures on the Internet are not infallible.

  1. Intellectual and industrial property.
  • Rights protecting the Application and its contents.

ēllu is the owner or licensee of all intellectual and industrial property rights over the Application and all content included therein.

All content included in the Application is indeed protected by intellectual and/or industrial property rights owned by ēllu or by third parties who legally authorise ēllu for such use. This includes, but is not limited to, all pictures, images, illustrations, drawings, sketches, information, articles, data, texts, logos, brands, trademarks, badges, stickers, icons, design and image (external appearance or “look and feel”), video files, audio files, databases and software, or similar.

  • Licence granted to the User.

ēllu grants Users a non-exclusive, non-transferable licence to download, install and use, exclusively, a licence to the Application.

It is strictly prohibited any form of reproduction, distribution, public communication, transformation, making available and, in general, any act of exploitation, with or without commercial purposes, of all or part of the contents (images, texts, designs, indexes, forms, etc. ) that make up the ēllu Service, as well as the databases displayed through the ēllu Service (including the corresponding sui generis right) and the software necessary for the display, or operation thereof (including source codes) which does not have the prior authorisation expressly granted in writing by ēllu.

Neither the User nor any third party may, in any case, exploit or use commercially, directly or indirectly, in whole or in part, any of the content (images, text, designs, indexes, shapes, etc.) that make up the ēllu Service, without the prior written permission of ēllu.

All trademarks and logos displayed on the ēllu Service are trademarks owned exclusively by ēllu. No person may, under any circumstances, use such marks and logos without the express prior written permission of ēllu or their respective owners.

  1. Changes and amendments to the Terms and Conditions of Use.

These Terms and Conditions of Use, including the financial terms, may be amended by ēllu at any time for legal, technical, operational, economic, service or market reasons, or for the organisation or needs of the ēllu Service.

In this regard, ēllu may increase the price of its services to meet increases in: consumer prices, services and supplies of suppliers associated with the customer service, other costs, taxes and fees, and/or other similar.

Said amendments will be applicable from one month after you have been notified through the App or the contact details you have provided us with, being able to use e-mail and/or SMS as a means of communication for this purpose. During this thirty-day period, you may terminate the Agreement without penalty for this reason, unless the proposed changes are for the benefit of the End User or are of a strictly administrative nature and do not have any negative effects for you. In the event of termination, you will be entitled to a pro rata refund of the subscription price for the remaining period. In the event that the amendments to be made are due to legal changes and there is no reasonable time to communicate the changes, or due to necessary adaptations as a result of the prevention or occurrence of force majeure or similar causes, the aforementioned period of thirty days may be shortened.

In the event of the occurrence of a regulatory action, legal or regulatory measure which, in the opinion of ēllu, prohibits, substantially restricts or makes commercially impractical the provision of the ēllu Service, ēllu shall be entitled to cease the provision of the ēllu Service, notwithstanding your right to claim a refund of the amount paid proportional to the time of deprivation of the Service.

  1. Right of withdrawal.

If you subscribe to the ēllu Full Service (Premium Subscription), you may withdraw from the contract without giving any reason and with the right to a refund of the amounts paid, without penalty of any kind, within fourteen calendar days from the date of payment of the price, provided that you have not previously downloaded the App, and as long as you have not downloaded it within such period (fourteen days) and, therefore, you haven’t enjoyed or gained the immediate availability of all its benefits. By agreeing to these Terms and Conditions of Use, you acknowledge and understand that your downloading of the App, prior to or within fourteen days of payment, is equivalent to a waiver of your right of withdrawal with refund of amounts paid, notwithstanding your right to unsubscribe from the Service at any time, in accordance with section 10,“Unsubscribing from the Service“.

To exercise your right of withdrawal, it is sufficient for you to send us an unequivocal communication to info@ellu.app within the deadline.

In the event of withdrawal on your part, and upon our verification that you have not downloaded the application, we will refund the payments received, including the delivery costs of the Band(s) that you may have incurred, without any undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will proceed to make such a refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise. You will not incur any costs as a result of the refund.

With regard to ēllu accessories, you have the right to withdraw freely and without penalty from the accessories purchased within 14 calendar days from the day on which you received the purchased items. In this case, you must return or hand over all accessories in the same condition in which you received them without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the purchase of the ēllu accessories in question. The cost of returning the goods shall be borne by you. Once ēllu has received the accessories in a satisfactory manner, we will proceed to refund the payments received using the same payment method used in the initial transaction, with no additional charges to you for such refund.

Nevertheless, if the return is not made in a satisfactory manner or is made after the 14 calendar days stated above, or if the item is returned in poor condition, we reserve our right not to reimburse you in whole or in part.

  1. ēllu Band legal guarantee.

In the event of damage or defects of origin of the ēllu Band that you receive, which become apparent during the duration of the agreement, you are entitled to return it, including accessories, in which case we will repair it or replace it free of charge with a new one, at the discretion of the ēllu Technical Department. This guarantee does not cover any damage or malfunction resulting from lack of maintenance, negligent use, loss or any other supervening cause. If your country is not a member of the European Union, you will be responsible for the cost of returning the product.

  1. Unsubscribing from the ēllu Service and the ēllu Full Service.

The User may unsubscribe from the ēllu Service at any time through the Website the Application (in both cases in the “My Account” section), or by email to info@ellu.app, provided that this occurs at least 30 days prior to the corresponding renewal date.

The User may also unsubscribe from the ēllu Full Service (Premium Subscription) using the same channels, upon cancellation at least 30 days prior to the renewal date

By unsubscribing at least 30 days in advance, the subscription already contracted will not be renewed, regardless of the payment method chosen, and the User may continue to enjoy the ēllu Service until the end of the contracted term.

  1. Customer Service. 

The official channels for customer service are the email adress ayuda@ellu.app and the chat that you will find within the application (Profile > Chat with us). You can communicate through these channels to raise any questions or issues you may be experiencing with the App or the ēllu Band.

ēllu’s pledge is to offer an excellent service to all its Users and to do everything possible to provide a satisfactory response. If in any case we do not meet your expectations and you have a complaint, we encourage you to let us know in writing at ayuda@ellu.app and we will do our best to fix it. The Customer Service team will review your request and will do our best to resolve it within 30 days of receipt. In the unlikely event that we are unable to meet this deadline, we will provide you with an explanation of the reason for the delay and an estimated response time.

If you do not receive a satisfactory response, you can lodge a complaint using this form through the Office for Consumer Protection.

  1. Applicable Law and Jurisdiction.

Any relationship between ēllu and the User arising from the use of the ēllu Service, or/and the intercommunicating bracelets (ēllu Band), shall be governed by Spanish law, being the courts of Madrid competent, or those of the consumer’s domicile in any country of the European Union, at its option, to hear any dispute.

These Terms and Conditions of Use have been revised and published as of November 20, 2024.