Elata | Terms of Service

These Terms govern the Elata ecosystem. Please read them together with our Privacy Policy.

By accepting these Terms or using Services under a legally valid agreement, you agree to the applicable Terms. If you do not agree, do not use the affected Services. Optional biosignal-data consent is requested separately.

1. Scope and operator

Elata is a platform for building and using biosensing, neuroscience, cognitive, gaming, wellness and research applications. These Terms cover elata.bio, app.elata.bio, our documentation, accounts, hosted applications, platform APIs, checkout and other services we operate (together, the "Services"). References below to the "Platform" mean the hosted Elata Services.

The Services are provided by Elata Holdings Corporation, a corporation registered in Delaware, United States (file number 10694817) (the "Company", "Elata", "we" or "us"). A separately identified developer may provide an application listed on Elata.

Crystal Sciences Association is a separate entity involved in DAO and token operations. Those operations, if made available, must identify their responsible operator and applicable additional terms. A shared Elata brand does not make the two entities interchangeable or automatically make the Company a counterparty to every DAO or token transaction.

These Terms govern your relationship with us. Additional terms displayed for a particular feature or application apply to that feature or application. They cannot authorize a developer to bypass Elata's hosted-app requirements. The applicable open-source licence controls rights to use, copy, modify and distribute separately licensed code; these Terms do not replace that licence.

Our Privacy Policy describes information handling. Accepting these Terms does not constitute consent to optional biosignal sharing, research or model training. Those uses require the separate choices described below.

2. Eligibility and authority

These Terms do not impose a single numerical minimum age for all Services. You may use a Service only where your use is lawful and you have the legal capacity and any authorization required for that Service in your jurisdiction. If you cannot enter a binding agreement independently, a parent, legal guardian or other legally authorized representative must authorize your use where required by law. Additional eligibility requirements may apply to particular applications, studies, purchases, wallet providers or other features.

A guardian's acceptance of these Terms is not a substitute for any legally required, verifiable parental consent to the collection of a child's personal information. A feature requiring such consent may not be used until the required consent process is available and completed. See Children and eligibility.

If you act for an organization, you represent that you are authorized to bind it. You must not use the Services where prohibited by applicable law or sanctions. You must not misrepresent your identity, authority, eligibility or permissions.

3. Accounts and wallets

Some features require an Elata account. Supported sign-in methods may include Google, email and external wallets. Social or email sign-in may create or restore an embedded wallet through a wallet provider. An account and its currently connected payment wallet are distinct; verify both before a purchase.

Protect your login credentials, recovery methods and wallet credentials, and notify us promptly of suspected unauthorized access. Never share a private key or recovery phrase with an application or support agent. Account and wallet recovery depend on the relevant authentication and wallet providers; we do not guarantee recovery of lost access.

Signing in does not itself authorize a payment. Payments require the approvals presented by the checkout and wallet interfaces. Wallet providers, networks and external services may impose their own terms and fees. We do not describe every supported wallet as having the same custody or recovery arrangement. Blockchain balances are recorded on the network, not stored inside your Elata account.

4. Applications and third-party services

Applications may be operated by Elata or independent developers, as identified in their listings. A developer is responsible for its application, descriptions, promised benefits, support and lawful data handling. App-specific terms and privacy notices must be presented where relevant.

Hosted applications run within platform controls and communicate through permitted interfaces. These controls reduce access but do not guarantee absolute security or make every interaction anonymous. Public activity, commerce records and information you choose to enter may identify you.

Review an application's permissions, description and additional terms before using it. Leaving Elata for an external website, independently hosted application or modified SDK integration may change the applicable data handling and security model. We remain responsible for our own obligations; identifying a third-party developer does not remove them.

5. Purchases and subscriptions

The available offer and checkout identify the item or access period, price, payment asset, network and applicable charges. Use the specified network and asset. Current hosted-app item and subscription checkout uses USDC on Base when enabled; other deployments or offers must disclose any different requirements.

One-time items. These are account-linked unlocks, not consumable balances unless expressly offered as a different product. An already owned item should not require repurchase. Restore access using the purchasing account and the application's ownership checks. "Permanent unlock" describes the purchase entitlement, not a guarantee that an application or the platform will operate forever.

App subscriptions. Where offered, access follows the UTC calendar months displayed in checkout, rather than a rolling 30-day period. Current-month access may be prorated as displayed; next-month access begins on the first day of that month. Eligible trials last for the period shown.

Manual renewal. The current monthly app-access flow does not automatically debit your wallet. Selecting a future month adds it to the cart and does not complete payment. Unselecting an unpaid month removes it from the cart; it does not cancel or refund a paid period. Access expires at the end of paid coverage or the trial unless another access entitlement applies.

Credits. Credits are a separate balance for supported metered features. Buying credits does not fund a wallet's USDC balance or pay an app-item or subscription charge. Elata Points are separate from credits.

Do not rely on a transaction hash alone as confirmation of app access. Payment settlement and recording the entitlement are separate steps. Access is confirmed when Elata reports successful recording.

6. Refunds and payment problems

Refund requests are reviewed case by case, including failed delivery, duplicate or incorrect charges, unavailable purchased benefits and other circumstances. There is no general self-service refund portal or universal voluntary refund window promised by these Terms. This does not limit any mandatory cancellation, refund, remedy or consumer rights under applicable law.

Contact info@elata.bio with the application, item or period, purchasing account, transaction hash if available and the error or problem. Do not send wallet secrets. We may need the developer's assistance to investigate or arrange a remedy. A public-chain payment generally cannot be reversed by changing a database record; any approved refund requires a separate supported process.

If payment settled but access is missing, keep the transaction details and contact support before paying again. A limited billing history may show recent records only. Amounts marked as estimates may use a product's current price; the transaction record is the reference for the actual payment.

If an app is removed or discontinued, existing ownership records do not guarantee continued availability. We will assess affected paid access and requested remedies under this section and applicable law. Developers must cooperate in addressing benefits they failed to provide.

7. Developer commercial terms

Developers offering paid benefits must use Elata's supported checkout and payment interfaces for transactions conducted within the hosted platform. Do not solicit wallet secrets or circumvent checkout with concealed payment flows.

The product dashboard and applicable offer define the price, active status and stable product identifier. Deactivating a product stops new sales; it does not erase existing ownership. Developers must implement the promised benefits, restore them for existing owners and handle success, cancellation, lookup failure and payment-recording failure distinctly.

Revenue is routed according to the applicable configured payment split, including any disclosed platform fee and app-associated payout wallet. Do not assume a universal fee rate. An app's payout wallet can differ from the builder's login or payment wallet. Check the displayed recipient and configuration before selling; linking a wallet is not the same as withdrawing a hosted balance. Revenue paid directly on-chain is held at the recipient address rather than in a platform withdrawal account.

Developers are responsible for accurate listings, rights to sell their content, permitted pricing, customer support and their own tax obligations. Any taxes or charges we must collect will be handled as required by law. Product administration, payment verification and payout terms do not by themselves establish that Elata is the seller or merchant of record for every transaction; the applicable offer must identify the responsible supplier.

Developers must not promise benefits that cannot be delivered, conceal fees, manipulate purchases or misrepresent revenue. They must cooperate with support, lawful refund remedies and investigations. Additional commercial arrangements require their own disclosed terms.

8. Developer and app-submission rules

This section is the ecosystem's App Submission Policy. It applies to each hosted-app submission and release, in addition to the rest of these Terms. We may record the submitting account, policy version, release identifier and acceptance time. Material changes may require renewed acceptance.

Rights and truthful metadata. Have the rights and permissions needed to publish the app. Accurately describe behavior, permissions, biosignal processing, monetization, screenshots and limitations. Disclose material changes in release notes.
No wallet drainers or deceptive approvals. Do not initiate transfers, signatures or approvals without explicit, contextual authorization through supported host-mediated flows. Do not disguise a transfer as a harmless signature or request unnecessary unlimited allowances.
No raw-signal exfiltration. Hosted apps must not transmit raw biosignals, webcam frames or microphone audio off the user's device, to Elata or any other destination, or move them outside permitted local processing and storage boundaries. Browser access permission is not permission to upload raw input.
Permitted derived records. App-specific saves, events and scores may use approved platform storage interfaces subject to disclosure, minimization and applicable consent requirements. Contributing derived session summaries to the cross-app Score requires both the appropriate app capability and the user's separate active consent. This permission does not authorize research, advertising or model training.
No sandbox escape or impersonation. Do not bypass isolation, capabilities, storage boundaries or network restrictions. Do not impersonate another developer, app or service.
Security and privacy. Obtain the permissions and lawful consents required for the app. Provide an accurate app privacy notice, collect only necessary information, restrict access and protect it appropriately. Notify Elata of a relevant security incident without undue delay and in any event within 72 hours of awareness; meet any shorter legal notification deadline separately.
Responsible claims and research. Do not present unvalidated outputs as diagnoses or clinically proven results. A study needs its own participant information, consent, responsible research operator and ethics or regulatory approvals where required. General platform acceptance is not study consent.
Cooperation and review. Provide information reasonably needed for review, security investigation and user remedies. Approval is not certification of safety, clinical effectiveness or legal compliance.

We may reject a release, require corrections, suspend distribution or remove an application for violations or material risk. We may notify affected users and refer unlawful conduct to appropriate authorities where warranted. Developers may request a review of a moderation decision at info@elata.bio; urgent protective measures may take effect before review.

This policy does not create a staking-forfeiture mechanism. Any separately available protocol feature would need its own applicable rules. Merely licensing and using open-source SDK code outside our Services does not enroll a project in Elata's hosted-app submission process; the code licence and applicable law still apply.

"Biosignal information" includes raw physiological inputs, derived measurements, inferred states and results such as heart rate, EEG features, calm/stress measures and session scores.

The supported capture and processing SDKs are designed to process raw physiological inputs on the user's device. This does not mean every result is anonymous or that all platform information remains local. A derived value linked to an account, wallet or session can be personal or sensitive information. See Biosignal data and Local and cloud storage.

Browser camera, microphone or Bluetooth permission; app capability; consent to contribute to the Elata Score; and consent to participate in research are different permissions. One does not automatically grant another. Optional Score contributions require separately granted, versioned consent and can be stopped through the available consent controls.

Research or model-training reuse of biosignal information requires a separate, specific opt-in and notice describing the relevant project or training purpose. Acceptance of these Terms or use of an app is not that opt-in. We do not authorize biosignal information to be used for advertising or advertising audience targeting.

Planned federated learning or model-improvement features are not automatically enabled by these Terms. Local experimental recording or analysis features, where explicitly enabled, can retain data in browser storage; clearing that storage and deleting server-held account data are separate actions.

10. Acceptable use

Do not use the Services to violate law or others' rights, commit fraud, harass users, distribute malicious software, publish unlawful content, manipulate ratings, points or analytics, gain unauthorized access, expose credentials, or interfere with security and availability.

Do not scrape or collect personal information without authorization, bypass payment or access controls, or misuse the platform to infer or exploit sensitive information about others. Responsible security reporting is encouraged; report an issue privately to info@elata.bio without unnecessarily accessing, retaining or disclosing another person's data.

These restrictions do not prohibit activities expressly permitted by an applicable open-source licence or rights that cannot lawfully be restricted.

11. Open source and intellectual property

The Platform and the Services and content contained therein, including any trademarks, media, applications, software, code, materials, design, text, images, documentation, and all legally protectable elements of the foregoing, are the property of the Company and/or, where applicable, the property of its licensors or suppliers, except for OSS Components governed by their respective open-source licenses.

"Elata," "Elata Biosciences," and associated logos are trademarks of the Company. You may not use the Company's trademarks, trade names, or logos without prior written consent, except as necessary to accurately describe your use of or integration with the Platform.

You may choose to submit comments, bug reports, ideas or other feedback about the Platform (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you. You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

An open-source SDK licence applies independently to the licensed components. Access to hosted accounts, app distribution, platform branding and paid services does not become unrestricted because some code is open source.

You retain your rights in your submitted application and content. You grant us a non-exclusive licence to host, reproduce, display and distribute submitted releases and listing materials as needed to operate, promote and secure the Services and support existing users. This service licence is not a licence to reuse users' biosignal information for research or training.

12. Points and protocol features

Elata Points track eligible participation under the rules displayed for the relevant program. They are not USDC, purchased credits or a promise of cash, tokens, investment returns or future rewards. We may correct invalid awards and address fraud subject to applicable law.

Legacy protocol, staking, token-launch and governance materials may remain accessible as archives. Their presence does not mean those features are currently offered or required to build or use an app. A future feature may require additional terms before activation. Nothing here automatically creates token utility, ownership or investment rights.

Where a supported feature uses a public blockchain, transactions, addresses and network fees may be public, irreversible and subject to network congestion, smart-contract defects or third-party infrastructure failures. Verify the network, recipient and requested action. Testnet assets are not production payment funds.

13. Service changes and termination

Features may differ by deployment, region, device and application. Experimental or preview features may change or be discontinued and must not be represented as generally available services.

We may update, restrict or discontinue Services, and suspend accounts or apps for violations, security risk or legal requirements. Where practicable and appropriate, we will give notice of material changes affecting paid access and provide an opportunity to contact support. Changes do not remove remedies required by law.

You may stop using the Services and request deletion of account data under the Privacy Policy. Wallet disconnection is not account deletion. Local records, third-party accounts and public blockchain records may need separate action or may not be deletable.

Accrued payment obligations, intellectual-property rights, developer obligations relating to existing users or incidents, confidentiality and data-protection duties, and the dispute and liability provisions survive to the extent needed for their purpose.

14. Disclaimers

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICES AND ANY CONTENT MADE AVAILABLE THEREON ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRIBUTORS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(xvi) your access to or use of the Platform and any Services will meet your requirements;
(xvii) your access to or use of the Platform and any Services will be uninterrupted, timely, secure or free from error;
(xviii) the SDK will produce accurate, reliable, or clinically valid results;
(xix) the Protocol's smart contracts are free from bugs or vulnerabilities;
(xx) Digital Assets will maintain any particular value or utility;
(xxi) documentation or usage data provided through the Platform will be accurate; or
(xxii) the Platform is free of viruses or other harmful components.

THE SDK IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR CLINICAL DIAGNOSIS, TREATMENT, OR MONITORING. NO OUTPUT FROM THE SDK SHOULD BE RELIED UPON FOR MEDICAL PURPOSES. IF YOU HAVE A MEDICAL CONCERN, CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL.

Biosignal measurements and inferred states may be inaccurate and depend on hardware, lighting, motion, calibration and software version. Wellness or gaming outputs are not a substitute for professional medical advice, diagnosis or treatment. Do not use the Services for emergencies.

AI-generated responses can be inaccurate or inappropriate. Do not treat them as professional advice or instructions for high-stakes decisions. Clinical or regulated research uses require their own validated arrangements and compliance; a developer cannot establish clinical suitability merely by publishing on Elata.

Nothing in these disclaimers excludes a warranty, duty or remedy that applicable law does not allow us to exclude.

15. Limitations of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, AFFILIATES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE PLATFORM AND ANY SERVICES; (B) THE USE OR THE INABILITY TO USE THE PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (E) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR NETWORK OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE; (J) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (K) INABILITY TO FULLY ACCESS THE PLATFORM; (L) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DATA OR CONTENT OF ANY KIND; OR (M) ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY SERVICES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO YOUR MAKING A CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS LOWER.

The exclusions and limits above apply only to the extent permitted by applicable law. They do not exclude liability or mandatory consumer remedies that cannot lawfully be excluded or limited.

16. Indemnity

You hereby agree to defend and indemnify the Company, its directors, officers, employees, contributors, licensors and affiliates against and from any third-party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from:

any violation by you of these Terms;
your misuse of the Platform or Services;
any application, service, or product you build using the SDK, including any claim by a third party related to the collection, processing, or misuse of Biosensor Data;
your unlawful or unauthorized use of supported payment or blockchain functionality; and
your infringement of any third party's intellectual property or other rights.

This obligation applies only to the extent permitted by applicable law and does not override non-waivable consumer rights.

17. Dispute resolution

Contact info@elata.bio to seek an informal resolution. This does not prevent urgent relief, require you to miss a filing deadline or limit mandatory consumer remedies.

These Terms are governed by the laws of the State of Delaware, United States, except that mandatory protections available under the law applicable to you remain in effect. Disputes may be brought before courts with competent jurisdiction, including any courts available to consumers under mandatory law. These Terms do not require ICC arbitration in Switzerland or impose a contractual class-action waiver.

Nothing here removes rights or jurisdiction protections that cannot lawfully be waived.

18. Changes to these Terms

We may update these Terms as Services and legal requirements evolve. The updated document will identify its revision date. We will provide notice of material changes and obtain renewed agreement where required. Changes apply prospectively, subject to applicable law; they do not silently authorize a new optional use of biosignal information.

If you do not agree to an update, stop using the affected Services and contact us about existing paid access or data requests. Existing transaction obligations and non-waivable rights remain applicable. Separate Score, research and training consent must be refreshed when its purpose or relevant terms materially change.

19. General provisions and contact

A. Entire Agreement. These Terms, the applicable feature terms and the Privacy Policy form the ecosystem policy framework. Open-source licences govern the separately licensed components.
B. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
C. No Waiver. The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
D. Assignment. You may not assign or transfer these Terms or any rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction.
E. Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, blockchain network failures, regulatory actions, or internet service disruptions.
F. No Partnership or Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.
G. Equitable Remedies. You agree that the Company would be irreparably damaged if the terms herein were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security or proof of damages, to appropriate equitable relief.

If there is a conflict, mandatory law controls first; the applicable open-source licence controls rights in licensed code; otherwise specific feature terms apply to the feature they address and these Terms govern the general Services. A developer's additional terms cannot override Elata's hosted-app privacy and submission requirements.

Contact Elata Holdings Corporation, registered in Delaware, United States (file number 10694817), at info@elata.bio for legal, support, refund, moderation or security questions.

Legal notices requiring service on the Company may be directed through its registered agent: Legalinc Corporate Services Inc., 131 Continental Drive, Suite 305, Newark, DE 19713, United States. This is the registered agent's address, not a representation that Elata operates from that location. Ordinary support and privacy requests should use info@elata.bio.