Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website elcara.io (the "Site") and the services provided by Elcara LLC-FZ ("Elcara", "we", "us", or "our"), a company registered in the Meydan Free Zone, Dubai, United Arab Emirates. By accessing or using the Site or our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Site, you agree to these Terms. If you do not agree, you must not access or use the Site or our services. Where you register for an account or purchase paid services, you may be required to accept additional or separate terms by an affirmative action (for example, ticking a checkbox or signing an order form), and those terms will also apply. If you use the Site or services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Our Services

Elcara provides Web3 marketing services and proprietary software tools that support those services. Specific products or services may be subject to additional or separate terms, which will be made available to you where they apply. We may update, modify, suspend, or discontinue any part of the Site or services at any time without liability.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Site or our services.

4. Acceptable Use

You agree not to:

• Use the Site or services for any unlawful, fraudulent, or harmful purpose;
• Infringe the intellectual property or other rights of Elcara or any third party;
• Attempt to gain unauthorized access to the Site, our systems, or related networks;
• Interfere with or disrupt the integrity or performance of the Site or services; or
• Use any automated means to access the Site in a manner that harms our systems.

5. No Professional, Financial, or Investment Advice

Elcara provides marketing and software services only. We do not provide financial, investment, trading, tax, accounting, or legal advice, and nothing on the Site or in our services constitutes a recommendation, solicitation, or offer to buy, sell, or hold any virtual asset, token, security, or other financial instrument. Any information we provide is for general informational and marketing purposes only.

Virtual assets and Web3 projects involve significant regulatory, market, liquidity, and technology risks, including the potential total loss of value. You are solely responsible for your own decisions and should obtain independent professional advice before acting. Virtual-asset activities in Dubai are regulated by the Virtual Assets Regulatory Authority (VARA); we act as a marketing and software provider and not as an issuer, exchange, broker, custodian, or financial adviser.

6. Fees and Paid Services

Access to the Site is free. Any paid services, subscriptions, or software licences are offered and governed by a separate order form, statement of work, or written agreement between you and Elcara, which sets out the applicable fees and the billing, renewal, refund, and cancellation terms. We do not process purchases directly through the Site, and where fees apply they will be disclosed to you before you commit to them. In the event of any conflict between these Terms and a signed agreement regarding paid services, the signed agreement prevails for those services.

7. Intellectual Property

The Site and its content, including text, graphics, logos, and software, are owned by or licensed to Elcara LLC-FZ and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

Ownership of, and licences to, any deliverables we create for clients and any materials clients provide to us are governed by the separate client services agreement, statement of work, or order form applicable to that engagement, and not by these Terms.

8. Third-Party Links

The Site may contain links to third-party websites or services that we do not control. We are not responsible for the content, policies, or practices of any third party.

9. Disclaimers

The Site and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Elcara LLC-FZ and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the Site or services.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or your use of the Site or services — whether in contract, tort (including negligence), or otherwise — shall not exceed the greater of (a) the total fees you paid to us in the twelve (12) months preceding the event giving rise to the liability, or (b) USD 100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

11. Indemnification

You agree to indemnify and hold harmless Elcara LLC-FZ from any claims, liabilities, damages, and expenses arising out of your use of the Site or services or your breach of these Terms.

12. Termination and Suspension

We may suspend or terminate your access to the Site or our services at any time, with or without notice, if you breach these Terms, if we are required to do so by law, or to protect the Site, our users, or our rights. You may stop using the Site at any time. Upon termination, the provisions of these Terms that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will continue to apply.

13. Privacy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using the Site, you acknowledge our Privacy Policy.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates.

15. General

• Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Entire agreement. These Terms, together with our Privacy Policy and any signed agreement for paid services, constitute the entire agreement between you and Elcara regarding the Site and supersede any prior understandings.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, outages, network or hosting failures, or governmental actions.
• Waiver. Our failure to enforce any provision of these Terms is not a waiver of that or any other provision.

16. Changes to These Terms

We may revise these Terms from time to time. The updated version will be indicated by a revised "Last updated" date and will be effective as soon as it is accessible. Where changes are material, we will take reasonable steps to notify you, for example by posting a notice on the Site. Your continued use of the Site or services after changes take effect constitutes acceptance of the revised Terms.

17. Contact Us

If you have any questions about these Terms, you can contact us at: