Terms And Conditions
1. Introduction and Scope
These Terms of Service (“Terms”) govern your access to and use of the ELITES mobile app, web app, websites, and related services provided by ELITES ATHLETICS LIMITED (“ELITES”, “we”, “us”, or “our”). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
2. Definitions
Service: the ELITES mobile app, web app, websites, and related features (including AI image generation, editing, and content creation tools).
User Content: photos, images, text, activity data, routes, or other materials you upload, submit, or provide.
Generated Content: images, posters, or other outputs produced by ELITES using AI, editors, or other means based on User Content and user instructions.
3. Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.
4. User Representations, Warranties and Prohibited Content
By submitting User Content you represent and warrant that you own the rights to the content or have obtained all necessary consents, releases, and licenses to permit ELITES to process and generate content from it. You must not upload images of third parties (including minors), copyrighted works, or other protected content unless you have the right to do so. You must not use the Service to create or distribute illegal, defamatory, pornographic, hateful, harassing, violent, or otherwise unlawful content, or to infringe third‑party intellectual property, privacy, or publicity rights. Impersonation, misrepresentation, or content that falsely implies endorsement or affiliation with a brand, team, or public figure is prohibited.
5. AI Processing, Disclaimers and Use of Styles
The Service uses automated and AI technologies to generate images and creative outputs. AI‑generated outputs may differ from sample images or user expectations due to photo quality, lighting, facial clarity, pose, metadata, algorithmic interpretation, or other technical factors. Generated Content is provided “as is” and ELITES does not guarantee exact replication of any sample or reference. Any reference to team colors, uniform styles, or country motifs does not imply endorsement, sponsorship, or affiliation with any team, brand, or event.
6. Intellectual Property and Licenses
Your ownership: You retain ownership of your original User Content.
Processing license: By submitting User Content you grant ELITES a limited, non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify, and process the content solely to provide the Service, improve the Service, perform quality assurance, and for internal testing and marketing. This license terminates upon deletion of your content, subject to retention obligations in our Privacy Policy.
Generated Content license: Unless otherwise agreed in writing, you are granted a non‑exclusive license to use Generated Content for personal, non‑commercial purposes. Commercial use (resale, merchandising, advertising, or other commercial exploitation) requires a separate written license from ELITES.
7. Subscriptions, Free Tier, Billing and Refunds
Free Tier: ELITES may offer a free trial or limited Free Tier for evaluation. Free Tier access is subject to usage limits and is for personal, non‑commercial use only. ELITES may modify or revoke Free Tier access at any time.
Premium: Premium subscription plans and pricing are presented at purchase and incorporated by reference. Premium features, usage limits, and any commercial rights (if any) will be specified at purchase.
Billing and auto‑renewal: You agree to pay all fees and applicable taxes. Premium subscriptions auto‑renew unless cancelled. Manage and cancel subscriptions via your account or the platform used to purchase. Cancellation prevents future renewals but does not necessarily entitle you to a refund for the current billing period.
Refunds: Refunds are governed by the purchase terms and platform policies. ELITES may issue refunds in limited circumstances (billing errors, duplicate charges, or demonstrable technical failures). ELITES will not refund purchases resulting from misuse or breach of these Terms. Platform purchases (App Store, Google Play) are also subject to the platform’s refund policies.
Chargebacks and nonpayment: Initiating a chargeback may result in suspension or termination of your account; you remain responsible for unpaid fees and any costs incurred.
8. Commercial Licensing and Enterprise Use
Free Tier content is for personal, non‑commercial use only. Premium plans may or may not include commercial rights; check plan details at purchase. Any commercial exploitation beyond what is expressly permitted requires a separate written commercial license from ELITES. Enterprise or custom licensing is available by agreement.
9. Moderation, Enforcement and Takedown Procedure
We may remove or refuse to generate or publish any User Content or Generated Content that violates these Terms. For copyright complaints, follow the takedown procedure in Section 11. We may suspend or terminate accounts for repeat infringement or other violations.
10. Privacy and Data Use
Our Privacy Policy explains how we collect, use, store, and share personal data. By using the Service you consent to those practices. See our Privacy Policy.
11. Copyright Infringement Notice (DCMA)
If you believe your copyrighted work has been used in a way that constitutes infringement, send a written notice to our designated agent containing: (a) your signature; (b) identification of the copyrighted work; (c) identification and location of the allegedly infringing material; (d) your contact information; (e) a statement of good‑faith belief that use is unauthorized; and (f) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent. Send notices to: [email protected]. Include sufficient detail to allow us to investigate and act.
12. Indemnification
You agree to indemnify, defend, and hold ELITES and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your violation of any law or third‑party rights.
13. Disclaimers and Limitation of Liability
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, ELITES disclaims all warranties, express or implied. ELITES and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill. Our aggregate liability for direct damages will be limited to the amount you paid to ELITES in the 12 months preceding the claim, or HKD 800 (or equivalent) if you paid nothing.
14. Termination and Suspension
ELITES may suspend or terminate access for violations of these Terms or for any reason with notice where required by law. Upon termination, your license to use the Service ends. Provisions that by their nature survive termination (intellectual property, indemnity, limitation of liability, governing law) will continue.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of Hong Kong. Disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Hong Kong, unless the parties agree to arbitration in Hong Kong.
16. Changes to Terms
We may update these Terms from time to time. For material changes we will notify you in‑app and publish the revised Terms with an effective date. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel your account before the effective date; cancellation instructions will be provided in the in‑app notice.
17. Contact Information
ELITES ATHLETICS LIMITED
Email: [email protected]