Terms of Service
Last updated: 15 June 2026
Elara is operated by Raymond Naylor (sole trader, Australia). ABN: 87 716 389 234.
1. Acceptance
By accessing, installing, purchasing, or otherwise using Elara, you accept these Terms in full. If you do not agree, do not use Elara.
2. Ownership & License
Elara is owned and operated by Raymond Naylor. Where you have purchased a copy or membership, you are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use Elara for your own personal use. You may not resell, redistribute, rent, lease, sublicense, reverse engineer for redistribution, or create derivative works for distribution.
3. Membership & Payments
Where Elara is sold or offered as a paid product or membership, payment is processed by third-party providers (e.g. Stripe). Prices are listed in the currency shown at checkout. Membership benefits, if any, are described at the point of sale and may change with reasonable notice.
4. No Refunds (subject to Australian Consumer Law)
All sales are final and non-refundable except where required by law. See the Refund Policy and the Australian Consumer Law carve-out below.
5. Acceptable Use & Prohibited Conduct
You must not use Elara to: (a) create, request, store, or distribute child sexual abuse material in any form; (b) plan, instruct, or facilitate violence, terrorism, or weapons of mass harm; (c) harass, stalk, dox, threaten, or defame any person; (d) generate or deploy malware, ransomware, exploits, or device-compromising code; (e) commit fraud, forgery, identity theft, or evade law enforcement; (f) infringe intellectual property or privacy rights; (g) use Elara in any way that is unlawful under Australian law or the laws of your jurisdiction. Breach results in immediate termination of your licence without refund and may be reported to authorities.
6. Age Restriction (18+)
Elara is intended for adults aged 18 and over. By using Elara you represent that you are at least 18 years old. We do not knowingly provide Elara to minors.
7. Zero Tolerance for Illegal Content
Any attempt to use Elara to generate, request, or distribute illegal content — including but not limited to CSAM, credible threats of violence, or instructions to manufacture weapons capable of mass harm — will result in immediate, permanent termination and, where appropriate, referral to the Australian Federal Police, the eSafety Commissioner, or other competent authorities.
8. AI-Generated Content
Elara produces AI-generated output. See the AI Disclaimer. You are solely responsible for evaluating and acting on any output.
8a. Bring-Your-Own AI Provider Keys
Elara is a "bring your own key" application. To use any AI feature you must supply your own valid API key from a supported AI provider (such as the Lovable AI Gateway, OpenAI, or another OpenAI-compatible provider). Your key is stored only in your own browser and is forwarded with your requests to the AI provider. The operator is not a party to your agreement with that provider; you are solely responsible for all charges, rate limits, content policies, and terms imposed by your AI provider. The operator does not subsidise, refund, or reimburse provider charges and has no visibility into your conversations or your provider account.
9. No Warranty
ELARA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not warrant that Elara will be uninterrupted, secure, error-free, or fit for any particular purpose. Availability and behaviour of AI features depend on third-party AI providers chosen by you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ELARA SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR COPY OR MEMBERSHIP IN THE TWELVE MONTHS PRECEDING THE CLAIM. WE EXCLUDE LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL.
10a. Your Acknowledgement of Full Responsibility
By activating Elara (paying for a licence and/or entering an AI provider key) you expressly acknowledge and agree that: (a) you accept full responsibility for every prompt you send and every output you receive, save, share, or act upon; (b) you accept full responsibility for all charges incurred with your AI provider as a result of your use of Elara; (c) you will not rely on Elara for professional advice (legal, medical, financial, psychiatric, safety-critical, or otherwise); (d) you will independently verify any factual claim before acting on it; and (e) you indemnify the operator from any consequence of your use of Elara to the maximum extent permitted by law. This acknowledgement does not exclude any non-excludable right under the Australian Consumer Law set out below.
11. Australian Consumer Law & Statutory Rights
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded ("non-excludable rights"). To the extent any provision of these Terms is inconsistent with a non-excludable right, that provision is read down to the minimum extent necessary to be consistent. Where our liability for breach of a non-excludable guarantee may lawfully be limited, our liability is limited, at our option, to re-supplying the service or paying the cost of having the service re-supplied.
12. Indemnity
You agree to indemnify and hold harmless the operator from any claim, loss, liability, cost, or expense (including reasonable legal fees) arising out of your use of Elara, your content, your breach of these Terms, or your breach of any law or third-party right.
13. Termination
We may suspend or terminate your access at any time for breach of these Terms or for any unlawful conduct. Termination does not entitle you to a refund except where required by law.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date. Your continued use of Elara after changes constitutes acceptance.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
16. Severability & Entire Agreement
If any provision of these Terms is held invalid or unenforceable, it is severed and the remaining provisions continue in force. These Terms, together with the Privacy Policy, Refund Policy, AI Disclaimer and Report Abuse pages, constitute the entire agreement between you and the operator regarding Elara.
17. Contact
Questions about these Terms: nexus.systems.au@gmail.com.