Terms of Service

1. Who we are and these terms

1.1 Élan is operated by Arslan Siddique, a sole proprietor based in Islamabad, Pakistan, trading as Élan (“we”, “us”, “our”). This covers the website at www.élan.app and the web app at beta.élan.app. These Terms of Service (“Terms”) are a contract between you and Arslan Siddique.

1.2 By creating an account, buying a subscription or using Élan, you agree to these Terms and to our Refund Policy. Our Privacy Policy explains how we handle your personal data. If you don't agree, please don't use Élan.

1.3 You can reach us at help@élan.app, or by phone on +92 332 3222368. Our address is House No. 2, Street 15, Sector B, DHA 2, Islamabad 45730, Pakistan.

2. Ordering through our reseller

We don't sell Élan subscriptions ourselves. Élan is sold through Lemon Squeezy (operated by Sold through Link, LLC), which acts as our online reseller and Merchant of Record: it charges you, handles sales tax, and deals with billing and refunds. Paid plans can't be bought until checkout opens.

When you buy a subscription, you buy it from Lemon Squeezy, and Lemon Squeezy is named on your receipt and your card statement. Lemon Squeezy's Buyer Terms govern the purchase, including payment, billing, tax, renewals and cancellation. These Terms cover your use of Élan. Where our Refund Policy gives you more, ours applies.

2.1 For questions about an order or a payment, use elan-app.lemonsqueezy.com/billing or the link in your receipt. For questions about Élan itself (your account, how a feature works, your data), contact us. We're happy to help with an order too.

2.2 We take new subscriptions only through the checkout on our website. Lemon Squeezy may email you about an existing subscription, for example to update your card.

3. Who can use Élan

3.1 You must be at least 18 and able to enter into a binding contract where you live. Élan isn't for children. If we learn that an account belongs to someone under 18, we'll close it and arrange a refund of the current period.

3.2 One person per account. Give accurate details and keep your password private. Tell us if you think someone else has used your account. You're responsible for activity on your account.

3.3 You need an internet connection and an up-to-date web browser. Élan is designed for phones and also works on larger screens.

4. What Élan is, and what it isn't

4.1 Élan is a subscription web app. With it you can:

• log food and drink by photo, voice note or text, using AI-drafted entries that you confirm;
• look up nutrition figures;
• keep a kitchen of your own foods and recipes;
• record weigh-ins and see a smoothed trend;
• record active calories and steps from screenshots of your watch or fitness app;
• keep a log of the supplements and medication you already take, with in-app reminders;
• see estimates of your energy expenditure and energy balance, and suggested calorie and macro targets based on standard formulas and your own data. You can change those targets.

4.2 Élan isn't a medical device, a healthcare service or a coaching or dietetic service. No human coach, dietitian or clinician is involved. Élan doesn't sync with devices or health apps, doesn't diagnose or treat anything, and doesn't give medication or supplement guidance.

4.3 Features marked “coming soon”, or not described on our website, aren't part of your subscription until we release them.

5. Plans, prices and billing

5.1 We offer two plans, Standard and Premium. Both include every feature. They differ only in their AI allowance and their daily web lookups (section 8). Prices are shown on our Pricing page, and again at checkout before you pay.

5.2 Subscriptions are billed monthly in advance, in US dollars, by Lemon Squeezy. It calculates and collects any sales tax or VAT that applies where you live. Checkout shows the total before you pay.

5.3 Your subscription renews automatically at the end of each monthly billing period, and Lemon Squeezy charges your payment method, until you cancel.

5.4 There is no free trial.

5.5 If a payment fails, Lemon Squeezy may retry it and ask you to update your payment details. If payment still can't be collected, your access may pause until it is.

5.6 We may change prices for future billing periods. We'll tell you by email or in the app at least 30 days before a new price applies to your subscription. If you don't want to pay it, cancel before your first renewal at the new price.

5.7 You can switch between Standard and Premium by contacting us. We'll confirm any price difference before the switch takes effect.

5.8 If you have access to Élan without a paid subscription, for example a complimentary membership, these Terms apply to your use of Élan, together with any terms of that arrangement we've given you.

6. Cancelling

6.1 You can cancel at any time, through elan-app.lemonsqueezy.com/billing or the link in your receipt, or by emailing help@élan.app.

6.2 Cancellation takes effect at the end of your current billing period. You keep access until then, and you won't be charged again.

6.3 Cancelling doesn't refund the current period, except under our 30-day money-back guarantee or where the law requires (section 7 and our Refund Policy).

6.4 Cancelling doesn't delete your account or your data (section 16).

7. Refunds

7.1 30-day money-back guarantee. If you ask within 30 days of the first payment for your subscription, you'll get that payment back in full.

7.2 Renewal payments are refunded where the law requires it.

7.3 Your statutory rights are not affected. That includes any right to withdraw from the contract in the EU, the EEA, the UK or Switzerland.

7.4 Refunds are processed by Lemon Squeezy. Our Refund Policy explains how to ask and what happens next.

8. Usage allowances

8.1 AI features use an allowance, and Premium's allowance is twice Standard's. Each allowance is measured over two windows: a 5-hour window that starts with your first AI request, and a weekly window. Élan shows how much you've used as a percentage, with the time until each window resets.

8.2 Web lookups for branded and restaurant foods are limited to 10 a day on Standard and 20 a day on Premium.

8.3 When you reach a limit, AI chat and voice notes pause until the window resets. Logging from your Kitchen, the weigh-in sheet and your history keep working. Setting up your profile doesn't count.

8.4 Allowances are fair-use limits that keep Élan sustainable, and we may change them. If we reduce your plan's allowance, we'll tell you at least 30 days before the change applies, and you can cancel before it does.

8.5 Don't try to get around the limits, for example by using more than one account.

9. Health and safety

9.1 Élan is a general wellness tool for logging and estimating. It is not medical advice, and it doesn't diagnose, treat, cure or prevent any disease or condition. Nothing in Élan is medical, nutritional or dietetic advice. That includes AI replies, calorie and nutrient figures, energy estimates and suggested targets.

9.2 Élan's numbers are estimates, based on the information you give it, standard formulas and third-party data. They can be wrong.

9.3 Talk to a doctor or a registered dietitian before you change how you eat or exercise. This matters especially if you are pregnant or breastfeeding, have a medical condition, take regular medication, or have a history of disordered eating.

9.4 Suggested targets come from standard formulas and your own data, not from a clinician who knows your health. You decide whether to use them, and you can change them at any time.

9.5 Regimen records what you tell it you take. It doesn't check doses or interactions, or whether something is right for you. Follow your doctor's or pharmacist's advice.

9.6 Stop and get medical help if you feel unwell, faint or dizzy, or if tracking food or weight is causing you distress. In an emergency, contact your local emergency services.

9.7 We don't promise any particular result for your weight, health, fitness or body composition.

10. AI features

10.1 Élan uses AI models provided by Google (Gemini) to read your messages, photos and voice notes, draft entries, look things up and answer questions about your logs.

10.2 AI output can be wrong, incomplete or out of date, even when it sounds confident. Photo-based portion and calorie estimates are approximate. Check every entry before you confirm it and correct anything that looks off. Don't rely on AI output for medical, legal, financial or other professional decisions.

10.3 Food, activity and corrections are added to your log only when you confirm them. When you tell Élan your weight, a new goal or a recipe, it can save that directly, after saying what it will record. You can ask it to undo a recent change within 24 hours.

10.4 You're responsible for what you send to Élan and for how you use its output.

10.5 When you use AI features, don't:

• try to make the AI ignore its instructions or safety limits, for example by “jailbreaking” or prompt injection;
• try to extract its instructions, the underlying models or other people's data;
• use it for purposes unrelated to logging and understanding your own food, weight and activity;
• upload sexual, violent, hateful or illegal content, or images of other people without their permission.

10.6 We and our AI provider may filter, refuse or limit requests that break these Terms or the provider's policies.

11. Food data and third-party information

11.1 Nutrition figures come from several places, and Élan shows the source where it has one:

• what you enter;
• a food catalogue built on USDA FoodData Central;
• Open Food Facts;
• figures that brands and restaurants publish, found through Google Search;
• AI estimates.

11.2 Third-party data can be incomplete, out of date or wrong, and we don't control it. Check labels where accuracy matters to you.

11.3 Open Food Facts data is © Open Food Facts contributors and is available under the Open Database License. Product images from Open Food Facts are available under the Creative Commons Attribution-ShareAlike licence. See openfoodfacts.org.

11.4 Links and search suggestions can take you to sites we don't control. Their own terms apply there.

12. Your content

12.1 What you log, upload and write in Élan stays yours.

12.2 You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and transmit your content, including to the service providers named in our Privacy Policy. We use it only as needed to run Élan for you, and as the Privacy Policy describes. The licence ends when your content is deleted, apart from copies kept for the periods the Privacy Policy sets out.

12.3 Only upload content you have the right to share. Don't upload photos of other people without their permission.

12.4 If you share a food by link, any Élan member who opens the link within 30 days can view it and save a copy, including its photo, to their Kitchen. Copies they save stay with them, even if you later delete yours.

12.5 If you send us feedback or ideas, we may use them without owing you anything.

13. Acceptable use

You must not:

• break the law, or help anyone else to;
• commit fraud or send spam;
• infringe anyone's intellectual property or other rights;
• harass, threaten or harm anyone;
• upload illegal, abusive, sexual or hateful content, or malware;
• probe, scan or test Élan's security, try to reach other people's accounts or data, or get around security, payment or usage limits;
• overload, disrupt, scrape or reverse-engineer Élan, or access it by automated means other than ours;
• share your account, or resell, sublicense or give others access to Élan;
• use Élan to monitor, coach or treat other people, or to run a clinical or professional service;
• pretend to be someone else.

14. Our intellectual property

14.1 Élan's software, design, text and graphics, and the Élan name and marks, belong to us or our licensors.

14.2 While you have an active subscription, or other access we've given you, we grant you a personal, non-exclusive, non-transferable, revocable licence to use Élan for your own non-commercial purposes under these Terms. We keep all other rights.

15. Availability and changes to Élan

15.1 We work to keep Élan available and accurate, but we don't promise it will be uninterrupted or error-free. It relies on providers such as Google, our reseller and our hosting companies, and it may be unavailable during maintenance or outages.

15.2 We improve Élan over time and may change, add or remove features. If we remove a main feature or materially reduce what your plan includes, we'll tell you in advance, and you can cancel. If the change takes effect before your paid period ends, you can ask for a refund of the unused part.

15.3 If a fault on our side stops you using Élan and we can't fix it within a reasonable time, you're entitled to a refund for the affected period.

15.4 If we decide to stop offering Élan, we'll give you at least 30 days' notice. We'll refund any payment covering time after it closes, and give you the chance to ask for a copy of your data.

16. Your data when you cancel or leave

16.1 When your subscription ends, your access stops but your account and data are kept, so you can subscribe again and carry on.

16.2 You can ask us for a copy of your data, or to delete your account and its data, at any time. Our Privacy Policy explains how and when.

17. Suspension and termination

17.1 You can stop using Élan and cancel your subscription at any time.

17.2 We may suspend or close your account if:

• you seriously or repeatedly break these Terms;
• you misuse the AI features;
• you put other users or Élan at risk;
• you act fraudulently;
• the law or our reseller requires it.

Where it's reasonable, we'll tell you first and give you a chance to put things right.

17.3 If we close your account for a reason that isn't your fault, we'll refund any payment covering the rest of the paid period.

17.4 Sections that by their nature continue after the contract ends keep applying, including sections 12, 14, 18, 19 and 22.

18. Liability

18.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. Nothing in them affects your statutory rights as a consumer.

18.2 Subject to 18.1, Élan is provided “as is” and “as available”. We aren't liable for:

• indirect or consequential losses;
• losses caused by relying on estimates or AI output instead of professional advice;
• events outside our reasonable control.

18.3 Subject to 18.1, our total liability to you for all claims is limited to what you paid for Élan in the 12 months before the claim.

18.4 If you're a consumer whose local law gives you mandatory protections, for example in the UK or the EU, 18.2 and 18.3 apply only as far as that law allows.

19. Governing law and disputes

19.1 These Terms are governed by the laws of Pakistan, and disputes go to the courts of Pakistan.

19.2 If the law where you live gives you the right to bring a claim in your own courts, or to rely on mandatory consumer-protection rules of that country, those rights are not affected.

19.3 If you have a complaint, please contact us first. Most problems can be sorted out quickly.

20. Changes to these Terms

20.1 We may update these Terms, for example when Élan or the law changes. The date at the top shows the current version.

20.2 For a material change, we'll tell you by email or in the app at least 30 days before it takes effect, unless legal or security reasons need a shorter period. If you don't agree, you can cancel before the change takes effect. Using Élan after that means you accept the new Terms.

20.3 Changes don't apply to payments made before they take effect.

21. Transferring this agreement

21.1 We may transfer our rights and obligations under these Terms to a company formed to run Élan, or to whoever takes Élan over, as long as your rights aren't reduced. We'll tell you before it happens.

21.2 You can't transfer your account or these Terms to anyone else.

22. General

22.1 These Terms, our Refund Policy and our Privacy Policy, together with the reseller's buyer terms for your purchase, are the whole agreement between you and us about Élan.

22.2 If a court finds part of these Terms unenforceable, the rest stays in force.

22.3 If we don't enforce a right straight away, we can still enforce it later.

22.4 No one else has rights under these Terms.

22.5 These Terms are written in English. If we provide a translation, the English version applies.