Terms of Service

Please read these terms carefully before using our mobile applications. By downloading, installing, or using any of our Apps, you agree to be bound by these terms.

Effective: March 28, 2026

1.Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Elemental Ridge Ltd. (“Elemental Ridge,” “we,” “us,” or “our”). By downloading, installing, accessing, or using any of our mobile applications (individually an “App” and collectively “our Apps”), you agree that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not download, install, access, or use our Apps. We may offer individual Apps that are subject to supplemental terms, which will be presented to you at the time of access.

2.Description of Services

Elemental Ridge develops and publishes mobile applications available on the Apple App Store and Google Play Store. Our Apps may include free features, subscription-based features, one-time in-app purchases, and features that utilize artificial intelligence or machine learning processing. The specific features, functionality, and availability of each App may vary by platform, region, and device.

We reserve the right to modify, suspend, or discontinue any App or feature at any time. Where a modification materially reduces the functionality of a paid subscription during an active period, we will use reasonable efforts to provide advance notice and, where appropriate, offer a pro-rata refund or alternative arrangement.

3.Eligibility & User Accounts

3.1 Eligibility

You must be at least 13 years of age (or 16 in the EEA, UK, and Switzerland) to use our Apps. If you are under the age of legal majority, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 Account Creation

Certain features may require you to create an account. You agree to provide accurate, current, and complete information and to update it as necessary.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately via our contact page if you become aware of unauthorized access.

4.Subscriptions & Payments

All subscription payments are processed through the Apple App Store or Google Play Store. We do not directly collect, store, or process your payment card or banking information.

Auto-Renewal Notice

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same rate, subject to any notified price changes.

Free Trials

Where offered, you will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription. Any unused portion of a free trial is forfeited upon purchasing a subscription.

Cancellation

Cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current paid period, and you will retain access until that date.

Refunds

Refunds are governed by the policies of Apple Inc. or Google LLC. We may, at our sole discretion, offer refunds or credits in exceptional circumstances.

5.In-App Purchases

Our Apps may offer one-time in-app purchases for additional features, content, or functionality. All in-app purchases are processed through Apple or Google, are final and non-refundable (except as required by applicable law), and are non-transferable. They are licensed to you and tied to your Apple ID or Google account.

6.Intellectual Property

All intellectual property rights in our Apps, including software, design, graphics, logos, text, images, audio, video, user interface, algorithms, and underlying technology, are the exclusive property of Elemental Ridge Ltd. or our licensors. These Terms grant you only a limited right of use.

Subject to your compliance, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use our Apps on devices you own or control, solely for personal, non-commercial purposes. You may not reverse-engineer, decompile, or create derivative works except where prohibited by applicable law.

7.User-Generated Content

You retain all intellectual property rights in your User Content. By submitting content through our Apps, you grant Elemental Ridge a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and display your content solely to the extent necessary to provide and improve our Apps. This license terminates when your content is deleted. We will not use your content for advertising or sell it to third parties.

You represent that you own or have the necessary rights to submit your content, that it does not violate third-party rights, and that it does not contain illegal or objectionable material.

8.AI & Machine Learning Features

Certain features utilize AI/ML technologies, including third-party services, to process content you submit. Content submitted for AI/ML processing is used solely to deliver the specific feature you requested. We do not use your content to train general-purpose AI/ML models without your separate, explicit consent.

Important

AI/ML-generated outputs are produced by automated systems and may be inaccurate, incomplete, or unsuitable for your intended purpose. We do not guarantee the accuracy, quality, or reliability of any AI/ML-generated output. You are solely responsible for reviewing and evaluating any output before relying on it.

9.Prohibited Conduct

You agree not to, and not to assist or encourage any third party to:

  • Use our Apps for any unlawful, fraudulent, deceptive, or harmful purpose
  • Violate any applicable law, regulation, or ordinance
  • Infringe upon or violate any intellectual property, privacy, or other rights
  • Upload or distribute any virus, malware, spyware, or other harmful code
  • Interfere with or impose an unreasonable burden on our infrastructure
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use automated means (bots, scrapers, crawlers) to access or collect data without permission
  • Reverse-engineer, decompile, or disassemble our Apps except where permitted by law
  • Remove, alter, or obscure any proprietary notices
  • Send unsolicited communications or spam through our Apps
  • Impersonate any person or entity
  • Circumvent security, rate-limiting, or access-control features
  • Use AI/ML features to generate illegal, harmful, deceptive, or defamatory content

10.Privacy

Your use of our Apps is governed by our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal information. The Privacy Policy is incorporated into and forms part of these Terms.

11.Third-Party Services

Our Apps may integrate with or link to third-party services, including the Apple App Store, Google Play Store, Firebase, analytics providers, and AI/ML services. Your interaction with any third-party service is governed by that party's own terms and privacy policy. We are not responsible for the availability, accuracy, or practices of any third-party services.

12.Disclaimers

As-Is Basis

To the maximum extent permitted by applicable law, our Apps and all content, features, and services provided through them are on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. We expressly disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that our Apps will be uninterrupted, error-free, secure, or that defects will be corrected.

Consumer Protection: Nothing in these Terms limits any consumer rights that cannot be limited under applicable law, including the New Zealand Consumer Guarantees Act 1993, Australian Consumer Law, or mandatory consumer protections in the EEA/UK.

13.Limitation of Liability

Liability Cap

To the maximum extent permitted by law, Elemental Ridge shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses, arising from your use of our Apps.

Our total aggregate liability shall not exceed the greater of: (a) the amount you paid directly to us for the applicable App in the twelve months preceding the claim; or (b) one hundred New Zealand dollars (NZD $100).

These limitations do not apply to liability that cannot be limited under applicable law, including under the NZ Consumer Guarantees Act 1993, Australian Consumer Law, or mandatory EEA/UK consumer protections.

14.Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Elemental Ridge from any claims, damages, losses, liabilities, costs, and expenses arising from: (a) your use of our Apps; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or third-party rights; or (e) your negligence or willful misconduct. This does not apply to claims arising from our own negligence or breach.

15.Termination

You may stop using our Apps at any time and may delete your account through the App settings or by contacting us. Uninstalling an App does not cancel active subscriptions; you must cancel through Apple or Google.

We may suspend or terminate your access at any time for any reason, including violation of these Terms. Where practicable, we will provide notice. Upon termination, all licenses granted to you cease immediately, and your data will be handled per our Privacy Policy.

16.Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. Nothing in these Terms affects any mandatory consumer protection rights you may have under the laws of your country of residence.

17.Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us via our contact page and attempt to resolve the dispute informally for at least sixty (60) days.

17.2 Mediation

If unresolved, either party may submit the dispute to mediation administered by the New Zealand Dispute Resolution Centre (NZDRC). Costs are shared equally unless the mediator directs otherwise.

17.3 Litigation

If mediation fails within sixty days, either party may commence proceedings in the courts of New Zealand. Nothing prevents either party from seeking interim or injunctive relief at any time.

Class Action Waiver: To the maximum extent permitted by law, dispute resolution proceedings will be conducted on an individual basis, not as part of a class, consolidated, or representative action. If you are in a jurisdiction where class action waivers are unenforceable, this waiver does not apply to you.

18.Open-Source Software

Our Apps may include open-source software components subject to their own license terms. A list of open-source components and applicable licenses is available within each App's settings or attribution screen. Where an open-source license conflicts with these Terms, the open-source license governs for that component only.

19.Force Majeure

Elemental Ridge shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, pandemics, governmental actions, power failures, internet or telecommunications failures, or third-party service failures.

20.Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed.

21.Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms applicable to specific Apps, constitute the entire agreement between you and Elemental Ridge regarding your use of our Apps and supersede all prior agreements. No waiver of any provision shall be deemed a continuing waiver, and our failure to assert any right shall not constitute a waiver.

22.Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights without restriction, including in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section is void.

23.Changes to These Terms

We may modify these Terms at any time. Material changes will become effective no sooner than fourteen (14) days after posting, except where required by law or related to new features or security issues. For paid subscribers, material adverse changes will not take effect until the end of your current subscription period. Your continued use after the effective date constitutes acceptance.

24.Contact Us

If you have any questions about these Terms, please contact us:

Elemental Ridge Ltd.

Mailing Address: 6D - 7398 Yonge St Unit 2300, Thornhill, ON L4J 8J2, Canada

Email: Contact us here

For subscription and billing issues, please contact Apple or Google directly, as we do not have access to your payment information.