Effective Date: 14.12.2024
1. Introduction
Welcome to Eylo, Inc. (“Eylo,” “we,” “us,” or “our”). These Terms and Conditions of Service (“Terms”) govern your access to and use of the Eylo mobile application and related services (“the Eylo app” or “Services”). By using Eylo, you agree to be bound by these Terms, forming a legally binding agreement between you and Eylo.
Eylo provides AI-powered health and wellness insights, tracking tools, and personalized recommendations designed to assist you in pursuing health and lifestyle goals. However, Eylo is not a medical or healthcare provider, and no physician-patient or professional-client relationship is established by using our Services.
If you do not agree to these Terms, you must not use Eylo. By continuing to use our Services, you confirm that you have read, understood, and accepted these Terms.
2. Definitions
3. Acceptance of Terms
By creating an account or using the Eylo app, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated by reference.
a. Eligibility
You must be at least 16 years old (or the minimum age required by local law in your jurisdiction) and have the legal capacity to enter into this Agreement. By using Eylo, you represent that you meet these criteria. If we learn that a user is under the required age without valid parental or guardian consent where applicable, we will terminate the account and remove associated personal data, except where retention is required by law.
b. Agreement During Profile Creation
When creating a profile, you will be prompted to review and accept these Terms and our Privacy Policy. If you do not agree, you cannot create an account or use the Services.
c. Changes to the Terms
We may update these Terms from time to time. Material changes will be communicated via in-app notifications, email, or other appropriate means, with reasonable notice. Your continued use of the Eylo app after the updated Terms take effect constitutes acceptance. If you do not agree with revised Terms, you must discontinue using the Services.
4. Description of Services
Eylo provides tools, insights, and recommendations generated by AI to help you track activities, log food, set goals, and gain informational guidance. While these Services aim to support your wellness journey, they are not a substitute for professional medical, nutritional, or fitness advice.
a. Core Services
b. Limitations of Services
Eylo does not provide professional healthcare or medical advice. Always seek guidance from qualified professionals before making decisions that could affect your health or well-being. Any recommendations are for informational purposes only and may not be accurate, current, or comprehensive.
c. Service Modifications
We may add, remove, or modify features at any time. If significant changes affect your use of the app, we will inform you in advance.
5. User Obligations and Conduct
You agree to:
6. User-Generated Content
You retain ownership of any data or content you submit. By using Eylo, you grant us a non-exclusive, worldwide, royalty-free license to process, store, and use your User-Generated Data solely to deliver and improve our Services. This license does not transfer ownership of your data to Eylo.
You are responsible for the legality and accuracy of your inputs. We may review, remove, or block content that violates these Terms, applicable laws, or that we consider harmful or inappropriate.
7. AI and Data Use Disclaimer
Our AI Features rely on LLMs and third-party AI service providers (e.g., OpenAI, Anthropic). While we strive to provide useful insights, outputs may contain inaccuracies, outdated information, or “hallucinations.” You must independently verify critical information and should not rely solely on AI-generated suggestions, especially for decisions related to your health, diet, or exercise.
No Medical Advice: Eylo is not a healthcare provider and does not provide medical diagnoses or treatments. Consult qualified professionals before making health-related changes. You acknowledge that using AI-generated recommendations involves inherent risks and agree to assume all responsibility.
a. Third-Party AI Providers
By using Eylo, you acknowledge that some AI functionalities depend on third-party models and APIs. While we select reputable partners and implement safeguards, their terms and policies may indirectly affect you. We encourage you to review their policies, available on their respective websites.
b. Safeguards and Flagging of Erroneous Content
We may implement measures to flag potentially erroneous or unreliable outputs and encourage users to treat all information from the AI with caution.
8. Explicit Consent for Certain Features
Some features, like voice inputs or image uploads, require explicit opt-in consent before use. You will be informed and asked to provide consent within the app’s settings or onboarding process. You may withdraw this consent at any time through your account settings or by contacting us, though doing so may limit the availability of certain functionalities.
9. Privacy, Data Retention, and International Transfers
Your privacy is important. Our Privacy Policy explains how we collect, use, protect, and transfer your Personal Data, and how long we retain it. Generally, we retain personal data for as long as needed to provide the Services or as required by law. You may request deletion of your data by contacting us at contact@eylo.club; upon verification, we will delete or anonymize your data unless retention is legally required.
We comply with applicable data protection laws (e.g., GDPR) and employ legal mechanisms such as Standard Contractual Clauses for international transfers of personal data. By using Eylo, you consent to these transfers and the associated safeguards.
10. Intellectual Property Rights
All intellectual property in the Eylo app and Services belongs to Eylo or its licensors. You receive a non-exclusive, non-transferable license to use Eylo for personal, non-commercial purposes. You may not reproduce, modify, distribute, or create derivative works from Eylo’s content without our written authorization.
11. Payment Terms (If Applicable)
If paid subscriptions or features are introduced:
12. Service Availability and Changes
We strive for reliable operation but do not guarantee uninterrupted, error-free availability. Factors beyond our control (maintenance, technical issues, force majeure) may cause interruptions. We will endeavor to provide advance notice of planned downtime.
13. Termination
You may delete your account at any time. We may suspend or terminate your account if you breach these Terms or engage in conduct harmful to the Services or other users. Upon termination, your data will be handled per our Privacy Policy and applicable laws. Termination does not relieve you of payment obligations incurred prior to termination.
14. Disclaimers and Limitation of Liability
You accept full responsibility for decisions made based on Eylo’s suggestions and agree to hold Eylo harmless for any health-related outcomes.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, except where local consumer protection laws in your jurisdiction mandate otherwise. Mandatory consumer rights prevail over any conflicting Terms.
a. Arbitration
Except where prohibited by law, disputes arising from these Terms or your use of Eylo shall be resolved through binding arbitration in English, administered by the American Arbitration Association (AAA) or a similar recognized body. If local laws prohibit arbitration, you may have the right to seek remedies in your local courts.
b. Class Action Waiver
To the extent permitted by law, you waive the right to participate in any class or collective action. If this waiver is unenforceable in your jurisdiction, it does not apply.
c. Jurisdiction and Venue
If arbitration is not permitted, any non-arbitrable claims shall be brought in the courts located in Delaware, USA, unless local law requires otherwise.
16. Accessibility, Translation, and App Store Terms
We strive to make these Terms accessible. Translations or alternative formats may be provided, but if there is any discrepancy, the English version prevails (except where prohibited by local law).
If you downloaded Eylo from an app store (e.g., Apple App Store, Google Play), you acknowledge that these Terms are between you and Eylo, not the app store provider. Your use of the app may also be subject to the app store’s terms and conditions, which apply in addition to these Terms. In case of conflict, the more protective provision for the user will prevail.
17. User Feedback and Suggestions
If you submit feedback, ideas, or suggestions to Eylo, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate them into our products and services without obligation to compensate or credit you.
18. Future Compliance with AI Regulations
We acknowledge that AI regulations and laws may evolve. Eylo commits to complying with any future AI-specific legal requirements and adjusting its practices accordingly. Material changes related to AI compliance will be communicated to you.
19. Updates to the Terms
We may revise these Terms as our Services evolve, as laws change, or as new AI regulations emerge. Material changes will be communicated, and continued use after the effective date signifies acceptance. If you disagree, discontinue using Eylo.
20. Miscellaneous
21. Contact Information
For questions or concerns about these Terms, contact us at:
Email: contact@eylo.club
Address: Eylo, Inc.
251 Little Falls Drive,
Wilmington, New Castle County, Delaware 19808, USA.
We strive to respond within 30 days or as required by applicable law.
By using Eylo, you acknowledge that you have read, understood, and agree to these Terms.
© 2024 Eylo, Inc. All Rights Reserved.