These User Rules (hereinafter referred to as “These Rules”) are the core rules that users (hereinafter referred to as “Users”) must follow when using the Elaris Software (hereinafter referred to as “This Software”) and its related services. They are designed to regulate user behavior, ensure the operational order of this Software, safeguard legitimate rights and interests of users, and safeguard the intellectual property rights related to the Software, comply with the International Common Software Operations Standards and related laws and regulations (including, but not limited to, the EU GDPR, the Agreement on Trade-Related Aspects of Intellectual Property Rights, etc.). These Rules apply to all users who access, register, and use this Software through any device (computer, mobile terminal, etc.), and the use of this Software is considered as if the user has fully read, understood, and voluntarily complied with all the terms of these Rules; if the user does not agree with these Rules, they should immediately stop using this Software.
1. General Rules
1.1 Regulatory Effectiveness
1.1.1 This provision is the core agreement between the User and the operating entity of this Software regarding the use of the Software. Together with relevant documents such as the Privacy Policy, Feature Description, and User Guidelines of this Software, it constitutes the complete rules for the User‘s use of this Software. It has equal legal validity, and the User‘s use of this Software is considered to be bound by the acceptance of all relevant documents.
1.1.2 The entity operating this Software has the right to amend this provision in accordance with international law and regulations updates, software functionality iterations, operational needs, etc., and after the amendment, a notice will be published in a prominent location of this Software (such as the login page, settings page), effective 3 natural days after the notice is published, users‘ continued use of this Software is considered to agree to the amended terms, and if users do not agree to the amended content, they should immediately terminate use of this Software.
1.2 Applicability Scope
1.2.1 This provision applies to all users of the Software, including regular users, registered users, and third-party entities authorized to use the Software, covering all functional modules, services, and related extension services of the Software, including but not limited to AI chat interactions, account management, content generation, feature upgrades, and so on.
1.2.2 This Ordinance does not apply to third-party services that are integrated or linked to this Software (such as payments, cloud storage, data analytics, etc.), whose usage rules are independently established by third parties, users‘ use of third-party services is subject to relevant third-party regulations, and this Software does not assume any responsibility arising from third-party services.
1.3 Basic Principles
1.3.1 Users should use the Software in compliance with the laws and regulations of their country or region, international procedures and good manners, and the provisions of this legislation. Users should not use the Software in any manner that violates any law, harms the legitimate rights of others, or interferes with the normal operation of the Software.
1.3.2 This Software Operating Entity provides services in accordance with the principles of fairness, fairness, and transparency, ensuring users‘ legitimate use rights and interests, while also having the right to regulate and address users‘ non-compliance behavior, and maintaining the Software Operating ecosystem.
2. User Registration and Account Management
2.1 Enrollment Requirements
2.1.1 When users register for this Software account, they must provide a real, valid, and legitimate email address as a login credential to ensure that the email can properly receive verification information, password recovery notifications, security alerts, and other related content. They must not provide fake, invalid, or impersonating other people‘s email addresses.
2.1.2 Users must be 18 years old or older to register and use the Software; Users under the appropriate age may not register for use, and if such users are discovered, the Software has the right to unsubscribe their accounts and delete their related data, and assumes no liability.
2.2 Account Responsibility
2.2.1 Users should properly store their account and login credentials (such as passwords, authentication information, etc.) and bear full responsibility for all operations under their account. If their account is stolen or compromised, they should promptly notify this Software operating entity by contacting the email address (isankaev@margi2021eood.com). Users will bear full responsibility for any losses caused by notifying them promptly.
2.2.2 Users must not rent, lend, transfer, or sell their account to a third party, nor share their account login credentials with a third party. In the event of any violation of this provision, all responsibility and damages arising from this shall be borne by the user alone. The Software reserves the right to terminate the account and not refund any service fees incurred (if any).
2.3 Account Logout
2.3.1 Users can request the cancellation of an account through the Software-related features or by contacting Customer Service. After the cancellation of an account, users will no longer be able to access the Software using that account. All data under the account will be treated (deleted or anonymized) according to the relevant provisions of the Software Privacy Policy. After the cancellation, the account and related data cannot be recovered.
2.3.2 In the event that a user account is found to be in violation of regulations, has not been used for a long period of time (more than 12 months without any action), or violates the provisions of this Ordinance, this Software Operating Entity has the right to proactively unsubscribe that account. Before unsubscription, users will be notified through the Registration Mailbox. Users who object to the unsubscription decision can submit a complaint by contacting the Mailbox.
3. Software Use Specifications
3.1 Legal Use Requirements
3.1.1 When users use this Software, they must comply with the laws and regulations of the country or region where they are located, as well as international travel rules. They must not use this Software to disseminate illegal, vulgar, violent, discriminatory, libelous, slanderous, terrorist, or other undesirable information, nor to violate other people‘s legitimate rights such as intellectual property, privacy, reputation, and portrait rights.
3.1.2 Users may not use this Software to engage in activities that compromise cybersecurity, public security, create, spread viruses, Trojan horses, etc. malicious programs, attack, invade the servers of this Software and related systems, interfere with the normal operation of this Software, and do not maliciously brush or occupy software resources.
3.2 Restrictions on Functional Use
3.2.1 Users should use the Software according to the functional instructions and operating guidelines of the Software, do not arbitrarily modify the Software code, violate the Software rights, circumvent the Software security restrictions, do not perform reverse engineering, decompilation, decompilation, etc. operations on the Software, violators will be liable to appropriate legal liability, and the Software has the right to terminate the provision of services and pursue liability with the user.
3.2.2 Users are not allowed to use the AI chat, content generation functions of this Software to generate content that is illegal, misleading, and damaging to the rights of others. Users are not allowed to use the content generated by this Software for illegal and illegal purposes. At the same time, users are required to correctly identify the AI-generated content and not make false claims that it is created by humans. In case of violation of this rule, this Software has the right to suspend or terminate the service provided to users, and requires users to bear appropriate responsibility.
3.3 Requirements for Reasonable Use
3.3.1 Users should use this Software Service reasonably, do not maliciously occupy Software bandwidth, storage, etc. resources, and do not perform actions that affect the user experience of other users (such as sending spam messages, maliciously harassing other users, etc.), and if malicious use by users results in software failure or service interruption, users should bear the corresponding compensation responsibility.
4. Intellectual Property Protection
4.1 Software Intellectual Property Attribution
4.1.1 All intellectual property rights of this Software (including but not limited to the software code, interface design, logos, names, AI algorithms, databases, text content, etc.) are owned by the entity operating this Software and are protected by international intellectual property rights laws, regulations and treaties (including but not limited to the Bern Convention for Protection of Literary and Artistic Works, the World Intellectual Property Organization Copyright Convention, etc.).
4.1.2 This Software operating entity grants users only the right to use the Software, and not the transfer of intellectual property rights. Users are not allowed to copy, distribute, modify, or transfer any portion of this Software without permission, do not claim any intellectual property rights to this Software, and are not allowed to use the Software for commercial distribution, rental, etc. purposes.
4.2 Intellectual Property Rights on User Content
4.2.1 The Intellectual Property rights to the content (including chat transcripts, AI-generated content, etc.) uploaded, sent, and generated by the User through this Software are owned by the User (if the User is licensed to use it for a third party, it must ensure that it has been licensed legally); the User grants the non-exclusive, free, and sublicensable use rights to the operating entity of this Software for legitimate purposes such as software operation, feature optimization, service presentation, etc., and the User can opt out to use its content for AI model training.
4.2.2 If the user uploads or generates content that violates the intellectual property rights of third parties (including, but not limited to, copyright, trademark rights, etc.), the resulting legal liability is borne by the user alone. This software operating entity has the right to delete the relevant content, suspend or terminate the user account, and cooperate with third parties to maintain the rights. Users who claim copyright on AI-generated content must retain evidence of the creation process, such as prompts, parameter settings, etc.
5. Privacy Protection
5.1 Privacy Protection Commitment
5.1.1 This Software operating entity will collect, use, store, and transmit user personal information strictly in accordance with the provisions of this Software Privacy Policy, in accordance with legal, legitimate, necessary, and transparent principles, protect user privacy rights and data security, comply with international general data protection standards such as the EU GDPR, and grant users core rights such as the right to information, access, correction, and deletion.
5.1.2 This Software operator will not disclose any user‘s personal information to any third party without the user‘s consent, except as otherwise stipulated by law and regulations and international treaties, and strictly protects the user‘s personal information from illegal disclosure, tampering, and abuse.
5.2 User Privacy Obligations
5.2.1 Users should properly guard their personal information, do not disclose other people‘s personal information through this Software, and do not use this Software to collect or steal other people‘s private information. If this provision is violated, the resulting legal liability is at the user‘s own discretion, and this Software has the right to take appropriate unconventional processing measures.
5.2.2 Users have the right to exercise rights such as access, correction, deletion, and withdrawal of consent in accordance with this Software Privacy Policy and the provisions of this Ordinance. Related claims can be submitted through the contact email provided in this Ordinance, and this Software operating entity will respond promptly to process them.
6. Tertiary Service-Related Agreements
6.1 Access to Third Party Services
6.1.1 This Software may integrate or link to third-party services (such as cloud storage services, data analytics services, payment services, etc.), and the provider of third-party services assumes independent responsibility for the related services. This Software provides only links or access channels and does not participate in the operation of third-party services.
6.1.2 The entity operating this Software is not responsible for the security, compliance, and stability of third-party services, nor is it liable for any privacy disclosure, property loss, legal disputes, etc., resulting from third-party services. The processing of information by third-party services must comply with their own privacy policies and international data protection rules.
6.2 What Users Should Know When Using Third-Party Services
6.2.1 Before using third-party services, users should carefully read the relevant documents such as the third-party service terms, privacy policies, etc., understand the third-party service rules and information processing methods, and independently decide whether to use third-party services. The behavior of users using third-party services is independent of the entity operating this Software.
6.2.2 All rights and obligations arising from the user‘s use of third-party services are solely agreed upon and assumed by the user with the third party, and if disputes arise due to third-party services, the user should communicate directly with the third party to resolve, independent of this Software operating entity.
7. Suspension and Termination of Services
7.1 Service Suspension
7.1.1 Due to software maintenance, system upgrades, server failures, irresistible forces, etc., this Software operating entity may suspend the provision of some or all services. Users will be notified through this Software, registered mailboxes, etc. before the suspension. Users will not be liable for any losses during the suspension. Users will be notified promptly after the service is resumed.
7.1.2 In the event of a minor violation by the User (such as sending a violation message, malicious use of resources, etc.), this Software Operating Entity has the right to suspend some functionality or all services of the User‘s account, requiring the User to make changes. The service can be resumed after the changes are approved, and the User is liable for any losses incurred during the suspension.
7.2 Service Termination
7.2.1 The operating entity of this Software may terminate the provision of all or part of the services of this Software based on operational needs, changes in international laws and regulations, etc., and will notify users 30 natural days in advance before termination to properly handle user data and related matters (such as account balance refunds, etc., if applicable).
7.2.2 If a User violates the provisions of this Ordinance, refuses to modify upon notice, or commits serious violations (such as illegal use, infringement of other people‘s rights, hacking of software, etc.), this Software operator has the right to terminate all services provided to the User, sign off the User account, and not assume any liability for compensation, and any service fees paid by the User (if any) are not refundable.
7.2.3 If the User voluntarily signs out of the account and stops using the Software for more than 12 months without taking any action, the Software operator has the right to terminate the service for that User and delete the relevant data (except as otherwise stipulated by international law, regulations and treaties).
8. Division of Responsibility
8.1 User Responsibility
8.1.1 The user assumes full responsibility for any loss to himself or a third party (including, but not limited to, loss of property, loss of reputation, legal liability, etc.) resulting from violation of this Ordinance, relevant international laws and regulations, or third-party regulations, independent of this Software operating entity, and this Software operating entity has the right to compensate the user for any losses suffered as a result.
8.1.2 Users are solely responsible for any losses resulting from their own improper operation, account disclosure, device failure, or use of an unofficial version of the Software, and this Software operating entity assumes no responsibility.
8.2 Responsibility of the Software Operating Entity
8.2.1 This Software Operating Entity will make reasonable efforts to ensure the normal operation of the Software, promptly fix Software faults, and optimize service quality, but does not guarantee that the Software is free of any vulnerabilities or interruptions. If a failure of the Software itself results in direct losses to users, they will assume reasonable liability for compensation based on the loss situation (excluding indirect losses).
8.2.2 Those operating entities of this Software who, due to deliberate or serious negligence, violate the Privacy Policy and the provisions of this Ordinance, disclosing user personal information, resulting in user losses, will bear the corresponding compensation responsibility, and the scope of compensation will be limited to the direct actual losses of the user.
8.3 Disclaimer
8.3.1 The operating entity of this Software assumes no responsibility for any disruption of the Software service, data loss, or loss of users due to irresistible forces (such as natural disasters, network disruptions, hacking attacks, government policy adjustments, international network fluctuations, etc.). The irresistible forces must comply with standards defined by international common law.
8.3.2 This Software Operating Entity assumes no liability and has the right to prosecute Users for any losses caused by Users using non-official versions of the Software, modifying the Software code, using third-party plug-ins, spreading malicious programs, etc.
9. Dispute Resolution
9.1 Principles of Dispute Resolution
9.1.1 Any disputes arising between the User and the operating entity of this Software due to the use of this Software and the compliance of this provision should first be resolved through friendly negotiation. If negotiation fails, they should be resolved in accordance with the manner stipulated in these terms. During the negotiation process, both parties should maintain reasonable communication and properly handle the relevant matters.
9.2 Dispute Resolution Methods
9.2.1 All Disputes shall be filed with the courts of jurisdiction where the entity operating this Software resides for litigation resolution, applicable to the laws of the entity operating this Software (excluding conflict laws rules), and if local laws require that Disputes be resolved through arbitration, then the arbitration rules will be implemented accordingly.
9.2.2 During the Dispute Resolution Period, apart from the Dispute Issue, Users and the Software Operating Entity shall continue to comply with the other provisions of this Ordinance, and shall not cease to fulfill their own legal obligations due to a Dispute.
10. Other Terms
10.1 Contact Us
10.1.1 If users have any questions, complaints, complaints about this provision, or need to consult with us regarding the use of the Software, please contact the operating entity of this Software via the following email address: isankaev@margi2021eood.com. We will process and provide feedback on the processing results within 5 working days to provide convenient communication channels for users.
10.2 Terms Explained
10.2.1 The final interpretation of this Ordinance is the property of this Software Operating Entity, and if users have questions about the terms of this Ordinance, they can contact this Software Operating Entity via email consultation, and this Software Operating Entity will clearly explain to them that the interpretation should conform to the principles of international general law and the core spirit of this Ordinance.
10.3 Effective Time
10.3.1 This Ordinance takes effect from the date of publication and replaces all previously published Elaris software user-related rules. If the previous rules are inconsistent with this Ordinance, they will be enforced in accordance with international common laws, regulations and industry practices.
10.3.2. The matters not covered by this Ordinance are implemented in accordance with international common laws and regulations, industry practices, and supplementary rules related to this Software, which will be published in significant locations in this Software and have equal legal force to this Ordinance.
The Elaris Software Operating Entity reserves the final right to amend and interpret this provision.