Elora — Terms & Conditions

1. Introduction and acceptance

These Terms and Conditions ("Terms") govern your access to and use of the Elora mobile and web application, website and related services (together, the "App" or the "Service"), operated by Daniela Le Roux (Sole Proprietor), registration number N/A (Sole Proprietor), a company incorporated in South Africa ("Elora", "we", "us").

By creating an account, clicking to accept these Terms, subscribing, purchasing a Subscription, or otherwise accessing or using the App, you agree to be bound by these Terms, our Terms of Service and our Privacy Policy, which are incorporated by reference. If you do not agree, you must not use the App.

These Terms constitute an electronic agreement concluded under the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). Nothing in these Terms limits any rights you may have under the Consumer Protection Act 68 of 2008 ("CPA"), POPIA, ECTA, or other applicable South African law.

2. Definitions

• "Content" means all workout videos, exercise demonstrations, programmes, nutrition and recipe material, text, graphics, audio, software, features, and other material made available through the App.
• "Member", "you" or "your" means the person who registers for or uses the App.
• "Subscription" means a paid plan giving access to Premium Content for the applicable period.
• "Premium Content" means Content made available only to Members with an active paid Subscription.
• "User Content" means any information you submit to the App, including journal entries, progress photos, measurements, weight logs, recipes, comments, feedback, and other information you upload or provide.
• "Aggregated Data" means information derived from or relating to use of the App which has been aggregated and/or de-identified so that it does not identify, and cannot reasonably be used to identify, you.

3. Eligibility and age restriction

You must 18 years or older and legally able to enter into a binding contract to use the App. The App is intended for adults and is not directed at children. By using the App, you warrant that you meet this requirement. If we become aware that a user is under 18, we may suspend or close the account.

The App and its cycle-synced content are designed for and marketed to women; however, eligibility to contract is not conditional on gender.

4. Your account

To access most features, you must create an account and provide accurate, current, and complete information. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, subject to applicable law.

• You must notify us promptly at admin@elorafitness.co.za of any unauthorised use of your account.
• You may not share your account, transfer it, or allow any other person to use it. Each Subscription is for a single individual.
• We may refuse registration, or suspend or terminate an account, where information is inaccurate, the account is being misused, or these Terms are breached.

5. Health and medical disclaimer (please read carefully)

IMPORTANT: Elora provides general fitness, exercise, nutrition, and wellness information for educational purposes only. It is not medical advice and is not a substitute for professional medical care, diagnosis, treatment, or advice.

Before beginning any exercise programme, changing your nutrition, or acting on any information in the App, you should consult a qualified healthcare professional, particularly if you are pregnant or may become pregnant, are post-partum, are breastfeeding, have any injury, chronic condition, cardiovascular concern, eating disorder history, or any other health condition, or are taking any medication.

The App's cycle-synced recommendations and AI-generated insights are based on general physiological principles, models, and the information you provide. They are general guidance only, may not be accurate for your individual circumstances, and do not constitute medical, gynaecological, nutritional, psychological, or other professional advice.

You participate in all workouts and activities voluntarily and at your own risk. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, faintness, chest pain, bleeding, or any other concerning physical symptom.

To the fullest extent permitted by law, you assume the risks inherent in participating in physical activity and arising from your failure to follow instructions, exercise within your limits, use appropriate equipment and technique, or obtain professional advice where reasonably necessary.

Elora does not guarantee any particular fitness, health, weight, body-composition, or aesthetic result.

6. Artificial intelligence processing

The App uses artificial intelligence and automated processing to generate cycle-synced training adaptations and progress insights. These outputs are for information only and are based on the data you provide. They are not a substitute for professional judgement or medical advice.

7. Subscriptions, plans and pricing

Elora offers the following plans (all prices in South African Rand and inclusive of VAT where applicable):

• Monthly — R199.00 (one hundred and ninety-nine Rand) per month.
• 6-Month — R999.00 (nine hundred and ninety-nine Rand), paid once-off (approximately R166.50 per month).
• Annual — R1,699.00 (one thousand six hundred and ninety-nine Rand), paid once-off (approximately R141.58 per month).

We may offer a founding-member rate, discount, or other promotional pricing on terms stated at the time of the offer. Promotional prices apply only for the stated period, after which standard pricing applies unless otherwise stated.

We may change our plans, features, and prices from time to time. Price changes will not affect the current paid period of an existing Subscription, and we will give reasonable notice before any change takes effect where required by law. Continued use after a price change takes effect may constitute acceptance of the new price where the law permits this.

8. Billing, payment and renewal

All plans are charged as a single upfront payment for the applicable period. We do not store your card details, and we do not charge you on a recurring basis. If you wish to continue after your access period ends, you choose a plan and pay again.

• Payments are processed by our third-party payment providers, including Yoco and any additional providers we may use. Your payment is subject to the provider's terms and security arrangements.
• If a payment fails, access to Premium Content will not be granted until payment is received, subject to applicable law.
• You are responsible for any bank, card, currency-conversion, or similar fees charged by your financial institution.

9. Access period and renewal

Your subscription gives you access to premium Content for the period you have paid for: one month, six months or twelve months from the date of payment.

Plans are paid upfront as a single payment and do not renew automatically. Your access ends at the end of the paid period unless you choose to purchase a further period.

We may remind you before your access expires so that you can renew if you wish. You will never be charged again without choosing to pay.

10. Cancellation, cooling-off and refunds

Because plans do not renew automatically, there is nothing to cancel — your access simply ends at the end of the period you have paid for. You may stop using the App at any time.

Cooling-off (ECTA)

Under section 44 of ECTA, you may have a right to cancel certain electronic transactions within 7 (seven) days after the conclusion of the agreement. This right is subject to the statutory exceptions in ECTA, including where the services have begun with your consent before the expiry of the 7 (seven)-day period.

Where you consent to immediate access to digital Content or streaming and the applicable statutory requirements are satisfied, your statutory cooling-off right may be lost once access or performance begins. The statutory position will apply.

If we fail to comply with the mandatory information and review requirements applicable to an electronic transaction, you may have additional rights under section 43 of ECTA.

Refunds

• Plans are generally non-refundable once Content has been accessed, save where a refund is required under the CPA, ECTA, or other applicable law, including where the Service is materially defective or another statutory remedy applies.
• Nothing in this clause limits your statutory rights under the CPA, ECTA, or any other applicable law.

Where a Subscription constitutes a fixed-term consumer agreement under section 14 of the CPA, the statutory notice, cancellation, continuation, and reasonable-cancellation-charge provisions will apply.

11. Licence to use the App and Content

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and stream the Content for your own personal, non-commercial use while you are entitled to access it. All rights not expressly granted are reserved.

12. Intellectual property

All Content, including the workout videos, exercise demonstrations, programmes, recipes, text, graphics, logos, the "Elora" and "Bodies by Daniela" names and marks, and the design and software of the App, is owned by or licensed to Daniela Le Roux (Sole Proprietor) and is protected by copyright, trade-mark, and other applicable laws.

• You may not copy, download (except as expressly enabled), record, reproduce, distribute, publicly display, sell, licence, modify, or create derivative works from any Content.
• You may not share, screen-record, re-upload, or redistribute workout videos or any other Content to any person or platform.
• You may not use Content to build, train, or improve a competing product or service, except to the extent that applicable law prohibits such restriction.

13. Acceptable use

You agree not to:

• use the App for any unlawful purpose or in breach of these Terms;
• share account credentials or allow others to use your Subscription;
• copy, scrape, harvest, reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App;
• circumvent, disable, or interfere with security features, paywalls, or access controls;
• upload or transmit material that is unlawful, harmful, defamatory, infringing, or contains malware;
• use automated means, including bots or scrapers, to access the App; or
• resell, sublicense, or commercially exploit the App or Content.

14. User Content

You retain ownership of your User Content. Nothing in these Terms transfers ownership of User Content to Elora.

By submitting User Content, you grant us a limited, royalty-free, non-exclusive licence to store, reproduce, process, adapt where reasonably necessary, and display it for the purposes of operating, providing, maintaining, securing, and personalising the Service for you, including generating your personalised insights and recommendations.

This licence does not permit Elora to use your progress photographs, personal photographs, testimonials, or other User Content for advertising or promotional purposes unless you have separately consented to that use.

• You are responsible for your User Content and warrant that you have the right to submit it and that it does not infringe any third party's rights.
• We may remove User Content that reasonably appears to breach these Terms, applicable law, or another person's rights.
• We are not obliged to store your User Content indefinitely and it may be deleted or de-identified following account closure, as described in our Privacy Policy and subject to lawful retention requirements.

To the extent permitted by law, Elora may use Aggregated Data for analytics, research, product development, service improvement, benchmarking, and development of new features and services, provided that it does not identify or reasonably permit identification of you.

15. Third-party services

The App relies on third-party services, including Google Firebase (hosting, database and authentication), Google's AI services (for personalised insights), Yoco and other payment providers, and the Apple App Store and Google Play where applicable. Your use of those services may be subject to their own terms. We are not responsible for third-party services outside our reasonable control.

16. Availability, changes and updates

We aim to keep the App available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, add to, or discontinue features or Content, and may perform maintenance, at any time. We may release updates that you may need to install to continue using the App.

Where a change materially affects a paid service or your rights, we will take reasonable steps to notify you where required by law.

17. Suspension and termination

• By you: you may stop using the App and close your account at any time, subject to the provisions applicable to your Subscription.
• By us: we may suspend or terminate your access, with or without notice where reasonably necessary, if you materially breach these Terms, fail to pay, use the App in a way that may cause harm or legal liability, create a security risk, or if we cease operating the Service. Where reasonably practicable, we will give notice and an opportunity to remedy a breach.
• On termination, your licence ends and you must stop using the App. Clauses that by their nature should survive, including intellectual property, User Content, disclaimers, limitation of liability, indemnity, and dispute provisions, will survive.

18. Disclaimer of warranties

To the fullest extent permitted by law, the App and Content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, accuracy, availability, or non-infringement.

We do not warrant that the App will meet your requirements or be uninterrupted, secure, error-free, or free from harmful components. This clause does not exclude any warranty, guarantee, right, or remedy that cannot lawfully be excluded under the CPA, ECTA, or other applicable law.

For the purposes of section 49 of the CPA, the provisions of these Terms dealing with assumption of risk, limitation or exclusion of liability, indemnities, and other terms which may have the effect of limiting Elora's liability are intended to be drawn to your attention in a manner that satisfies applicable law. Please read those provisions carefully before using the Service or purchasing a Subscription.

19. Limitation of liability — please read carefully

IMPORTANT: THIS SECTION LIMITS ELORA'S LIABILITY AND CONCERNS THE ASSUMPTION OF RISK. IT IS INTENDED TO BE DRAWN TO YOUR ATTENTION BEFORE YOU ENTER INTO THE TRANSACTION.

To the fullest extent permitted by law, and subject always to your non-excludable rights under the CPA, ECTA, and other applicable law, Daniela Le Roux (Sole Proprietor), its directors, officers, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss, or for loss of profits, revenue, anticipated savings, business opportunity, reputation, or goodwill, or loss or corruption of data, arising out of or relating to your use of, or inability to use, the App or Content, or reliance on any information, including AI-generated insights, provided through it.

To the maximum extent permitted by law, Elora will not be liable for loss or damage arising from or contributed to by: (a) your failure to follow safety instructions or exercise within your limits; (b) your use of unsuitable or defective equipment not supplied by Elora; (c) your failure to obtain professional advice where reasonably necessary; (d) inaccurate or incomplete information supplied by you; (e) reliance on AI-generated recommendations without appropriate judgement; (f) third-party services outside our reasonable control; (g) interruptions caused by your device, internet connection, or telecommunications provider; or (h) unlawful or unauthorised use of the App.

To the extent we are found liable, our total aggregate liability arising out of or relating to the App, the Service, or these Terms will not exceed the amount you actually paid to Elora in the 12 (twelve) months immediately preceding the event giving rise to the claim.

The above exclusions and liability cap will apply only to the maximum extent permitted by law and will not apply to any liability, warranty, right, or remedy that cannot lawfully be excluded, restricted, or limited, including any liability arising from fraud or fraudulent misrepresentation, or any statutory right or liability that cannot lawfully be contracted out of.

Nothing in this section is intended to exclude or limit liability for death or personal injury to the extent such exclusion or limitation is prohibited by applicable law.

20. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless Daniela Le Roux (Sole Proprietor) and its directors, officers, employees, contractors, licensors, and service providers against claims, damages, losses, liabilities, costs, and reasonable legal fees arising from your material breach of these Terms, your User Content, your unlawful or unauthorised use of the App, or your wilfully wrongful or fraudulent conduct. This indemnity does not apply to the extent that applicable law prohibits the indemnity or the relevant loss was caused by Elora's own conduct in circumstances where liability cannot lawfully be transferred to you.

21. Consumer Protection Act

If you are a consumer as defined in the CPA, you have rights that these Terms do not limit or exclude. Where any provision of these Terms conflicts with a non-excludable right you have under the CPA, the CPA prevails to the extent of the conflict.

22. Privacy

Our collection and use of your personal information, including special personal information such as health and cycle-related information, is governed by our Privacy Policy, which forms part of these Terms and is intended to comply with the Protection of Personal Information Act 4 of 2013 ("POPIA").

Where consent is required for processing special personal information or another optional processing activity, we will obtain that consent separately and clearly. Acceptance of these Terms does not, by itself, constitute consent to every optional processing activity.

23. Changes to these Terms

We may amend these Terms from time to time to reflect changes to the Service, technology, security, legal requirements, or our legitimate operational requirements. We will post the updated Terms in the App and update the effective date. Where changes are material, we will take reasonable steps to notify you.

Your continued use of the App after changes take effect may constitute acceptance of the updated Terms to the extent permitted by law. Where the law requires affirmative acceptance or otherwise provides a different consequence, the applicable legal requirement will apply.

24. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts having jurisdiction over the relevant dispute. You agree that any dispute should first be addressed through good-faith engagement with us where reasonably practicable, without limiting your statutory rights or ability to approach a court, the National Consumer Commission, the Information Regulator, or another competent body.

25. General

• These Terms, together with the Service Terms and Privacy Policy, constitute the contractual framework governing your use of Elora. If any provision is unlawful, invalid, or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in effect. Failure to enforce a right immediately does not waive it.
• You may not transfer your rights or obligations without our prior written consent. We may transfer our rights and obligations as part of a merger, acquisition, restructuring, financing, sale of the business, or transfer of the Service, provided this does not unlawfully reduce your rights and subject to applicable law.
• Nothing in these Terms creates or will be construed as creating a partnership, joint venture, employment, agency, fiduciary, or similar relationship between you and Elora. Provisions which are intended by their nature to survive termination will continue to apply.
• We will not be responsible for any failure or delay in performing our obligations to the extent caused by circumstances beyond our reasonable control, including natural disasters, fire, power failures, telecommunications or internet failures, cyber incidents, labour disputes, civil unrest, government action, epidemics, pandemics, war, terrorism, or failures of third-party service providers, subject always to mandatory law and any non-excludable rights you may have under applicable law.

26. How to contact us