Terms of Service - Service Agreement

These Terms of Service ("Terms") govern your use of Elira, the AI-powered shopping assistant operated by HQWebs ("we", "us", or "our"). By using Elira, you agree to these Terms.

1. Service Description

Elira is an AI-powered shopping assistant designed for beauty e-commerce websites. The service provides:

• Personalized product recommendations based on your preferences
• Conversational shopping assistance
• Beauty-specific guidance (skin type, ingredient information, routine building)
• Integration with merchant product catalogs

Elira uses AI technology (powered by OpenAI) to process your queries and provide responses. All personal information is masked before AI processing under our Zero-PII Architecture.

2. Acceptance of Terms

By clicking "Accept" in the consent banner or by using the Elira chat widget, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree, please do not use Elira.

3. User Eligibility

To use Elira, you must be:

• At least 16 years old (GDPR Article 8 requirement)
• Ages 13-16: Parental consent required where permitted by EU member state law
• Under 13: Use is not permitted

An age verification gate is displayed before first use.

4. User Responsibilities

When using Elira, you agree to:

• Provide accurate information when asked
• Use the service for lawful purposes only
• Not attempt to circumvent security measures
• Not use automated systems to access the service
• Not transmit harmful content (malware, spam, illegal material)
• Respect the intellectual property rights of HQWebs and merchants

5. Prohibited Uses

You may NOT use Elira to:

• Attempt to extract training data or reverse-engineer the AI
• Generate harmful, abusive, or illegal content
• Impersonate others or misrepresent your identity
• Circumvent rate limits or abuse the service
• Use for competitive analysis or service replication
• Interfere with the service's operation or security

6. AI Limitations & Disclaimers

Not Medical Advice

Elira provides beauty and skincare guidance, NOT medical advice. For skin conditions, allergies, or health concerns, consult a dermatologist or healthcare professional.

AI May Be Incorrect

AI-generated responses may contain errors or inaccuracies. Product information comes from merchant catalogs and may not be current. Always verify important information.

Ingredient Safety

While Elira includes safety information, it cannot account for all individual allergies or sensitivities. Always perform a patch test before using new products.

7. Service Availability

We strive to provide reliable service but do not guarantee:

• 100% uptime or availability
• Uninterrupted or error-free operation
• Compatibility with all devices or browsers

We may modify, suspend, or discontinue the service at any time with reasonable notice. Scheduled maintenance will be announced in advance when possible.

8. Intellectual Property

Our Rights

HQWebs owns all rights to the Elira service, including software, design, trademarks, and documentation. You may not copy, modify, or distribute any part of the service without written permission.

Your Content

You retain ownership of any content you provide (e.g., your preferences, questions). By using Elira, you grant us a limited license to process this content solely to provide the service.

Merchant Content

Product information, images, and descriptions belong to respective merchants. We display this content under license from merchants.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• HQWebs shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of Elira
• Our total liability for any claims shall not exceed the amount you paid for the service (if applicable)
• We are not liable for third-party products recommended by Elira
• We are not responsible for merchant actions, product quality, or fulfillment

Some jurisdictions do not allow limitation of liability. In such cases, our liability is limited to the minimum extent permitted by law.

10. Indemnification

You agree to indemnify and hold harmless HQWebs, its officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from: (a) your violation of these Terms, (b) your use of the service, or (c) your violation of any third-party rights.

11. Data Processing

Our data practices are governed by our Privacy Policy. Key points:

• Zero-PII Architecture: Your personal data stays in your browser
• AI Processing: Only masked data is sent to AI
• Data Retention: 365 days for conversations, then auto-deleted
• GDPR Rights: Access, rectification, erasure, portability, and more

12. Modifications to Terms

We may update these Terms from time to time:

• Material Changes: 30 days' notice via widget banner or email
• Minor Changes: Updated "Last Updated" date
• Continued Use: Constitutes acceptance of new Terms

If you disagree with changes, stop using the service before they take effect.

13. Termination

By You

You may stop using Elira at any time. Click "Revoke Consent" in widget settings or clear your browser data. Request data deletion via our Privacy Policy procedures.

By Us

We may suspend or terminate your access if you violate these Terms, abuse the service, or engage in harmful behavior. We will provide notice when reasonably possible.

14. Governing Law

These Terms are governed by the laws of the European Union and applicable EU member state law. For EU residents, GDPR applies. Disputes shall be resolved in the competent courts of the applicable jurisdiction, subject to any mandatory consumer protection laws.

15. Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us to resolve disputes informally:

• Step 1: Contact us at hello@getelira.com
• Step 2: We will respond within 30 days
• Step 3: If unresolved, you may pursue formal remedies

EU consumers may also use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force. The invalid provision will be modified to the minimum extent necessary to make it valid.

17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and HQWebs regarding your use of Elira. They supersede any prior agreements or understandings.

18. Contact Us

Questions about these Terms?

HQWebs (operating Elira)
Email: hello@getelira.com

We aim to respond within 15 business days.

Related Policies

Privacy Policy - How we handle your data
Cookie Policy - Cookie usage details