Terms of Service
Elska is an entertainment product. Every character is fictional and every conversation is generated by software. You must be 18 or older. The iOS app is free and has no in-app purchases. This summary is for orientation only — the full text below is what binds us.
1. Who we are, and what these terms cover
Elska (the “Service”) is operated by Harnika Bajaj, an independent developer. These Terms of Service (“Terms”) are a binding agreement between you and Harnika Bajaj.
These Terms incorporate by reference our Privacy Notice, AI Disclosure & Wellbeing, Community Guidelines, Underage Policy, Content Removal Policy and DMCA Policy. By creating an account or using the Service you accept all of them. If you do not accept them, do not use the Service.
2. What the Service is — and what it is not
The Service uses artificial intelligence to generate fictional companion characters and to produce text and voice content in response to your messages.
- Everything is fictional. Characters are not real people. They have no independent existence, no memory of you outside the Service, and no ability to act in the physical world.
- Any offer of real-life contact is false. If a character appears to offer a meeting, a phone number, a payment, or a relationship outside the Service, that output is fabricated. Never send money or personal information in response to it.
- It is entertainment, not support. The Service is not a counselling, medical, psychological, legal or financial service, and must not be relied on as one. If you are in crisis, contact a qualified professional or your local emergency services.
- Output can be wrong. AI systems produce inaccurate, inconsistent or inappropriate material. Do not rely on generated content as fact.
The Service is licensed to you for personal, non-commercial use only.
3. Eligibility and your account
You must be at least 18 years old, and at least the age of majority in your jurisdiction, to use the Service. Accounts are personal and non-transferable. You are responsible for keeping your credentials secure and for all activity under your account.
We may require you to re-verify your age or identity at any time, and may suspend access until you do. Providing false information about your age is a material breach of these Terms. See our Underage Policy.
An account is a revocable licence to use the Service. You acquire no ownership interest in the account or in any character.
4. Your content and the licence you give us
“Your Content” means the messages, voice input, memories, profile photo and other material you submit. You keep whatever intellectual property rights you already hold in Your Content.
You grant Harnika Bajaj a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt and process Your Content and the resulting output, for the purposes of: operating and securing the Service; complying with law and responding to legal requests; enforcing these Terms and moderating content; and improving the Service, including training and evaluating models.
You are solely responsible for Your Content and for anything generated from it. You confirm that you have all rights necessary to submit it and that doing so breaks no law and infringes no one's rights — in particular, that any photograph of a real person you upload is one you are entitled to use.
5. Ownership of generated output
Subject to your compliance with these Terms, and to the extent we are able to grant them, you may use the audio and text generated for you within the Service for your own personal, non-commercial purposes. The legal status of AI-generated material differs between countries and may not be protectable by copyright anywhere. We make no representation that you own it or that you can register or enforce rights in it.
6. Acceptable use
You must not, and must not attempt to:
- create, request or distribute any material that sexualises a minor, or that depicts a real person in a sexual context without their consent — see our Underage Policy;
- use the Service to harass, threaten, defame, impersonate or extort any person;
- generate content that promotes terrorism, mass violence, or serious criminal activity;
- reverse-engineer, decompile, scrape or otherwise extract the underlying models, prompts or source code, or circumvent rate limits or filters;
- use output to train, fine-tune or evaluate any other machine-learning model;
- resell, sublicense or commercially exploit the Service or its output;
- share your account, or use automated means to create accounts.
7. Moderation
We operate automated and human moderation. We may review, refuse, alter, block or remove any request or output, and may restrict features, at our discretion and without notice, to comply with law, with the requirements of the app stores that distribute the app, or with these Terms. Moderation is imperfect in both directions: filters block some legitimate requests and miss some prohibited ones. Neither failure creates liability on our part.
8. Price
The Elska app for iOS is free to use. It has no in-app purchases, and nothing in a conversation can charge you. If that ever changes, we will update these Terms first.
9. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access immediately where we reasonably believe you have breached these Terms, where required by law, or to protect the Service or other users.
Sections that by their nature should survive termination do so.
10. Intellectual property in the Service
The Service, its software, models, interface, brand and content (other than Your Content) belong to Harnika Bajaj or their licensors. Nothing in these Terms transfers any of those rights to you.
11. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy, and uninterrupted or error-free operation. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
12. Limitation of liability
To the fullest extent permitted by law, Harnika Bajaj is not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, data, goodwill or anticipated savings, however caused. Our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the event giving rise to the claim, and (b) USD 50.
13. Indemnity
You will indemnify and hold harmless Harnika Bajaj and anyone acting on their behalf against claims, losses and reasonable legal costs arising from Your Content, your use of the Service, or your breach of these Terms or of any law.
14. Changes to these Terms
We may amend these Terms. We will post the revised version here and update the revision date at the top. Where a change materially reduces your rights we will give notice by email or in the Service before it takes effect. Continuing to use the Service after that date means you accept the revised Terms.
15. Governing law and disputes
These Terms are governed by the laws of India, and the courts of India have exclusive jurisdiction, except that if you are a consumer you keep the benefit of any mandatory protections and any right to bring proceedings in the courts of your country of residence.
16. Contact
| General and support | ffan45972@gmail.com |
|---|---|
| Privacy and data protection | ffan45972@gmail.com |
| Copyright (DMCA) | ffan45972@gmail.com |
| Content removal, abuse reports | ffan45972@gmail.com |
- Terms of ServiceThe agreement between you and us — accounts, acceptable use, liability.
- Privacy NoticeWhat personal data we collect, why, how long we keep it, and your rights.
- Underage PolicyOur zero-tolerance rules on minors and child sexual abuse material.
- Content Removal PolicyHow to ask us to remove content, and how we handle those requests.
- DMCA PolicyCopyright takedown notices, counter-notices and repeat infringers.
- AI Disclosure & WellbeingEvery character is AI. What it can get wrong, and where to get real help.
- Community GuidelinesWhat you can and cannot do on Elska, in plain language.
- Delete Your AccountHow to delete your account, and what happens to your data.
Questions about these documents: ffan45972@gmail.com