Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Thompson and Thompson Ltd trading as Elaras AI, a company registered in England and Wales ("Elaras," "Company," "we," "us," or "our") governing your access to and use of the elaras.ai website, platform, applications, and all related services (collectively, the "Services").

Note: Throughout these Terms, references to "Elaras" refer to Thompson and Thompson Ltd trading as Elaras AI.

By creating an account, accessing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our Services prior to the effective date of the changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

The Services are not intended for use in jurisdictions where such use would be prohibited by law. You are responsible for compliance with all local laws applicable to your use of the Services.

3. Description of Services

Elaras provides a software-as-a-service platform offering marketing tools for website optimisation. Our Services include AI-powered analysis, content optimisation recommendations, SEO tools, and other marketing analytics features designed to help you improve your website's performance and visibility. The specific features, functionality, and availability of the Services may vary based on your subscription plan and may be modified, updated, or discontinued at any time in our sole discretion.

Our Services utilise artificial intelligence technologies provided by third parties, including Anthropic (Claude), OpenAI, Google, and Perplexity AI. By using our Services, you acknowledge and agree that your data may be processed by these AI providers in accordance with our Privacy Policy.

4. Account Registration and Security

To access certain features of the Services, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information about yourself as prompted by our registration form
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security of your password and accept all risks of unauthorised access to your account
• Promptly notify us if you discover or otherwise suspect any security breaches related to your account

You are solely responsible for all activities that occur under your account, whether or not you have authorised such activities. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Subscription Plans and Payment

5.1 Subscription Plans

Access to certain features of the Services requires a paid subscription. Subscription plans, pricing, and features are described on our website and may be modified from time to time. Unless otherwise stated, subscription fees are quoted in British Pounds Sterling (GBP) and are exclusive of applicable taxes, including VAT.

5.2 Billing and Payment

By subscribing to a paid plan, you authorise us (or our third-party payment processor) to charge the payment method you provide on a recurring basis according to your chosen billing cycle (monthly or annual). All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law, including the Consumer Rights Act 2015.

5.3 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL IT BEFORE THE RENEWAL DATE. You may cancel your subscription at any time through your account settings or by contacting us at hello@elaras.ai.

5.4 Price Changes

We reserve the right to modify our subscription fees at any time. For existing subscribers, any fee changes will take effect at the start of your next billing cycle following at least 30 days' written notice. If you do not agree to the revised fees, you may cancel your subscription before the new fees take effect, and you will not be charged the new rate. If you continue to use the Services after the new fees take effect, you agree to pay the modified fees. We may offer different pricing for new subscribers at any time without notice to existing subscribers.

5.5 Taxes

All fees are exclusive of VAT and any other applicable taxes. VAT will be added to your invoice where applicable based on your location and VAT registration status.

5.6 Fair Usage Policy

Each subscription plan includes usage allowances as described on our website (such as API calls, data processing volume, number of websites, or other metrics). These allowances are designed to accommodate typical business use.

We reserve the right to monitor your usage of the Services. If your usage consistently exceeds the allowances for your subscription plan, or is significantly higher than typical usage patterns for your plan tier, we may: (a) contact you to discuss your usage and recommend a more suitable plan; (b) require you to upgrade to a higher-tier plan that accommodates your usage level; or (c) apply additional charges for excess usage at our then-current rates.

We will provide you with at least 30 days' written notice before moving you to a different plan tier or applying excess usage charges. If you do not agree to the plan change or additional charges, you may cancel your subscription in accordance with these Terms.

We reserve the right to modify the usage allowances included in any subscription plan at any time. If we reduce the allowances for your current plan, we will provide you with at least 30 days' written notice before the changes take effect. If you do not agree to the revised allowances, you may cancel your subscription before the changes take effect.

We reserve the right to suspend or throttle access to the Services if your usage materially impacts the performance or availability of the Services for other users, or if we reasonably believe your usage constitutes abuse or misuse of the Services.

6. Consumer Rights (UK Consumers)

If you are a consumer (an individual acting for purposes wholly or mainly outside your trade, business, craft, or profession) located in the United Kingdom, you have certain statutory rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Right to Cancel: You have the right to cancel your subscription within 14 days of purchase without giving any reason. To exercise your right to cancel, you must inform us of your decision by a clear statement (for example, an email to hello@elaras.ai).

7. Licence and Intellectual Property

7.1 Licence Grant to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business purposes during the term of your subscription.

7.2 Our Intellectual Property

The Services, including all content, features, functionality, software, text, displays, images, video, audio, design, and the selection and arrangement thereof, are owned by Elaras, its licensors, or other providers of such material and are protected by copyright, trade mark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.3 Your Content

You retain all right, title, and interest in and to any data, content, or materials you submit, upload, or transmit through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and distribute such User Content solely as necessary to provide the Services.

7.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback.

8. AI-Generated Content

Our Services may generate content, recommendations, and analysis using artificial intelligence technologies ("AI Output"). You acknowledge that AI Output is generated automatically and may contain errors, inaccuracies, or may not be suitable for your specific purposes. You are solely responsible for reviewing, verifying, and determining the appropriateness of any AI Output before relying on or using it.

We make no warranties regarding the accuracy, completeness, reliability, or fitness for purpose of any AI Output.

9. Acceptable Use Policy

You agree not to use the Services in any manner that:

• Violates any applicable law or regulation
• Is unlawful or prohibited by these Terms
• Transmits any material that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable
• Impersonates any person or entity or falsely states or misrepresents your affiliation
• Interferes with or disrupts the integrity or performance of the Services
• Attempts to gain unauthorised access to the Services or other accounts
• Transmits any viruses, worms, malware, or other malicious code
• Uses any robot, spider, scraper, or other automated means to access the Services
• Circumvents, disables, or otherwise interferes with security-related features

10. Third-Party Services and Links

The Services may contain links to third-party websites, services, or applications that are not owned or controlled by Elaras. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100).

13. Indemnification

If you are a business user, you agree to defend, indemnify, and hold harmless Elaras from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@elaras.ai to attempt to resolve the dispute informally.

14.2 Alternative Dispute Resolution (UK Consumers)

If you are a consumer in the United Kingdom and we have been unable to resolve your complaint through our internal complaints process, you may be able to refer your complaint to the Centre for Effective Dispute Resolution (CEDR) at cedr.com.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

If you are a business, the courts of England and Wales shall have exclusive jurisdiction. If you are a consumer, you may bring proceedings in the courts of the country in which you are resident.

16. Termination

You may terminate your account and stop using the Services at any time by cancelling your subscription through your account settings or by contacting us at hello@elaras.ai.

We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason, including if you breach any provision of these Terms.

Upon termination, we may delete your account and User Content. You are solely responsible for exporting your User Content prior to termination.

17. Privacy

Your use of the Services is also governed by our Privacy and Cookie Policy, which is incorporated into these Terms by reference. Please review our Privacy and Cookie Policy to understand our practices regarding your personal information.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.

19. Contact Information

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