Acceptance of These Terms
By creating an account, accessing, downloading, installing, or using EluVibe, you agree to these Terms of Service and our Privacy Policy.
If you do not agree to these Terms, you must not use EluVibe.
EluVibe Is a Communication Platform
EluVibe provides technology that allows users to find and create Communities, connect with Friends, communicate using live voice and push-to-talk features, and otherwise interact with other users.
Users, not EluVibe, create and control their individual statements, opinions, conversations, and other user-generated communications.
Unless expressly stated otherwise, the views, statements, opinions, jokes, arguments, criticisms, and other communications made by users do not represent the views of EluVibe or its owner, operators, developers, or affiliates.
User Speech and Social Interactions
EluVibe is intended to support communication among people with different personalities, opinions, interests, backgrounds, and styles of expression.
Users may encounter communications they consider rude, offensive, insulting, controversial, upsetting, embarrassing, objectionable, or otherwise disagreeable. EluVibe does not guarantee that interactions with other users will be pleasant or free from disagreement.
EluVibe does not ordinarily moderate speech merely because it is unpopular, profane, critical, offensive, insulting, controversial, or because another user disagrees with it.
Users are responsible for deciding which Communities and conversations they participate in and may use available tools such as blocking, muting, leaving a Community, or otherwise ending unwanted interactions.
Responsibility for User Content
You are responsible for content and communications that you create, transmit, upload, share, or otherwise make available through EluVibe.
You are also responsible for your interactions with other users.
EluVibe does not necessarily monitor, verify, endorse, approve, or assume responsibility for statements or content provided by users.
You should not assume that information provided by another user is accurate merely because it appears through EluVibe.
Prohibited Uses
EluVibe seeks to avoid unnecessary restrictions on ordinary user expression. However, the service may not be used to engage in conduct that violates applicable law or seriously threatens the service, its users, or others.
Prohibited uses may include:
- Credible threats of violence or use of EluVibe to facilitate violent criminal conduct.
- Sexual exploitation or abuse of minors, including child sexual abuse material.
- Non-consensual intimate imagery where prohibited by applicable law or EluVibe policy.
- Publishing another person's highly sensitive private information for a malicious or unlawful purpose.
- Fraud, scams, malicious impersonation, or attempts to steal accounts, credentials, money, or property.
- Malware, attacks against EluVibe systems, or deliberate attempts to compromise the service or other users.
- Using EluVibe to organize, facilitate, or carry out conduct prohibited by applicable law.
- Attempts to evade a valid account suspension, restriction, or ban through unauthorized account creation, impersonation, application modification, device manipulation, or other circumvention.
Nothing in this section requires EluVibe to remove lawful speech merely because another user considers it offensive.
Communities
Users may be able to create, join, leave, or participate in Communities.
Community owners or authorized moderators may establish additional rules for participation in their Communities, provided those rules do not authorize use of EluVibe in violation of these Terms or applicable law.
EluVibe does not necessarily endorse a Community merely because it exists on the service.
Blocking, Muting, and Personal Control
EluVibe may provide tools allowing users to block or mute other users, leave Communities, control certain interactions, and otherwise manage their experience.
Users are encouraged to use these tools when they do not wish to continue interacting with another person.
Accounts and Security
You are responsible for maintaining control of your account and for activity occurring through your account to the extent permitted by applicable law.
You may not sell, transfer, steal, compromise, or obtain unauthorized access to another user's account.
You must not falsely represent that you are EluVibe staff, a EluVibe developer, an authorized moderator, or another person.
Moderation and Enforcement
EluVibe reserves the right, but does not undertake a general obligation, to investigate suspected violations of these Terms and to take action when reasonably appropriate.
Depending on the circumstances, action may include warnings, feature restrictions, removal from Communities, account suspension, account termination, bans, or other technical measures.
Enforcement decisions may consider factors including severity, context, repeated violations, threats to users or infrastructure, fraud, abuse, and attempts to evade previous enforcement.
EluVibe reserves discretion over enforcement of its platform rules to the extent permitted by applicable law.
Software and Application Integrity
EluVibe grants users a limited, revocable, non-exclusive, non-transferable right to use the official EluVibe application for its intended purpose, subject to these Terms.
Except where applicable law expressly permits otherwise, users may not modify, distribute, sell, sublicense, republish, tamper with, or create unauthorized modified versions of the EluVibe application or use modified software to bypass security, permissions, access controls, account restrictions, bans, or other enforcement mechanisms.
Users may not falsely present an unofficial or modified application as an official EluVibe release.
Intellectual Property
EluVibe, including its original software, branding, designs, logos, interfaces, and other materials created for the service, is protected by applicable intellectual property laws.
These Terms do not transfer ownership of EluVibe intellectual property to users.
Users retain whatever rights they otherwise possess in content they create, subject to rights reasonably necessary for EluVibe to transmit, display, store, process, and operate that content as part of providing the service.
Third-Party Services
EluVibe may rely on or interact with third-party services, infrastructure, networks, operating systems, or providers.
EluVibe is not responsible for outages, policies, conduct, security incidents, or changes caused solely by independent third-party services to the extent permitted by applicable law.
Service Availability
EluVibe is provided on an "as available" basis. Features may be added, changed, temporarily unavailable, suspended, or discontinued.
We do not guarantee uninterrupted operation, perfect audio quality, continuous network connectivity, permanent availability of any Community, or that the service will always operate without errors.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELUVIBE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELUVIBE AND ITS OWNER, OPERATORS, DEVELOPERS, AFFILIATES, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF ELUVIBE.
THIS INCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES ARISING FROM USER-GENERATED CONTENT, USER-TO-USER COMMUNICATIONS, PERSONAL DISPUTES, OFFENSIVE OR OBJECTIONABLE SPEECH, LOSS OF DATA, SERVICE INTERRUPTIONS, UNAUTHORIZED CONDUCT BY OTHER USERS, OR RELIANCE ON INFORMATION PROVIDED BY ANOTHER USER.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EluVibe and its owner, operators, developers, affiliates, and representatives from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of EluVibe, your violation of these Terms, your infringement of another person's rights, or content or conduct for which you are legally responsible.
Legal and Government Requests
EluVibe may preserve or disclose information when required by applicable law or valid legal process.
The existence of a complaint, accusation, or informal request does not by itself mean that EluVibe will voluntarily disclose private account information.
EluVibe may review requests for user information and respond as required by applicable law, court order, warrant, subpoena, preservation requirement, or other legally valid process.
Nothing in these Terms prevents EluVibe from responding to an emergency involving an imminent threat of death or serious physical injury where disclosure is permitted by applicable law.
Account Suspension and Termination
EluVibe may suspend, restrict, or terminate access when reasonably necessary to enforce these Terms, protect the service, address security threats, comply with applicable law, or respond to serious or repeated abuse.
Users whose accounts have been banned or terminated may not circumvent that action through unauthorized alternate accounts, modified applications, cloning, identity manipulation, or other technical means.
Beta and Development Software
Pre-release, development, testing, and beta versions of EluVibe may contain incomplete features, errors, bugs, service interruptions, or other problems.
Beta functionality may change or be removed without notice as development continues.
Changes to These Terms
These Terms may be updated as EluVibe develops, as features change, or when reasonably necessary for legal, security, or operational reasons.
Material changes will be communicated in a manner appropriate to the circumstances. Continued use after updated Terms become effective may constitute acceptance where permitted by applicable law.
Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, without invalidating the remaining provisions.
Entire Agreement
These Terms, together with the EluVibe Privacy Policy and any additional terms expressly incorporated into them, constitute the agreement between you and EluVibe concerning use of the service, except where applicable law provides otherwise.
Contact
Questions concerning these Terms may be directed through EluVibe's official support or legal contact channels once those channels are published.