Terms & conditions


1. User Agreement 1. TERMS & CONDITIONS
This User Agreement (“Agreement”) is a contract between you and Elsa CareTechnologies, S.L. (“Company” or “elsa.care”), and applies to your use of elsa.careproducts and services and any other elsa.care features, technologies, and/orfunctionalities offered by the Company (the “elsa.care Services”) on our website, in theelsa.care mobile apps or through any other means (the “Platform”). The elsa.careServices are provided to you subject to this Agreement as well as our Privacy Policy(“Privacy Policy”) which is incorporated in this Agreement by this reference.

2. Identification Name: ELSA CARE TECHNOLOGIES, S.L. Registered address: Calle Ibiza, 14 - PISO 1 CT IZ, Madrid, 28009, Madrid. VAT Number: B-01966522. Public Registry: Registro Mercantil de Madrid Tomo 40931, Folio 10, Inscripción 1 con hoja M-726026. E-mail: hello@elsa.care.

3. Third party agreements You acknowledge and agree that this Agreement is between you and the Company, notwith any third party, and that the Company is solely responsible for the elsa.care Services.You agree to comply with all applicable third party terms of agreement when using theelsa.care Services. The Company is not a party to those agreements and has noresponsibility for the products and services provided by third parties.

4. The Platform
The Platform is made
by technology applications (Web site and App) that allow you to (i)apply for money; (ii) apply for food, medicine, health insurance and online mobilecharging; (iii) send money to the Philippines; (iv) send vouchers for food, medicine, healthinsurance, and online mobile charging to the Philippines. The Platform can be installed on both iOS and Android devices. 5 Downloading the App Platform is completely free of charge, as is access to the Platform.In order to proceed with the registration, you must provide the necessary data to managehis/her registration. All data entered must be real and true, as this is the only way we willbe able to correctly provide the elsa.care Services and manage the contracts made. You may register after downloading the App Platform, through iOS or Android operatingsystems or by accessing the Platform through a browser. After registration and only afterlogging in, you will be able to see all the services offered by the Company to send to thePhilippines. In the first step of the registration, you will be asked to fill in the following data: full name,password, country, e-mail and telephone number. Finally, you will receive a welcome email explaining the first steps of registration (Verifyyour account. Once verified, you can proceed to browse the elsa.care platform servicesand if you wish to carry out a checkout, you will be asked for your card information as wellas Identification in the case of money transfers.

5. The elsa.care Services I. Remittance Service: users may request other users (through the Platform) tosend the amount of money they deem appropriate. For this purpose, the userslocated in the European economic Area, using the EURO as local currency willsend the requested amount to the Philippines. Once the onboarding process has been completed, the services to which you may haveaccess are, in a non-limited list, those the following The money transfer will be made within 72 hours of the mandate, without chargingany additional commission. Payments made through the Platform shall be made through an e-money institutionlocated in the Netherlands, with e-money license provided with license to operatein Spain ("CurrencyCloud").Currencycloud B.V. is authorized byDeNederlandsche Bank (DNB) for the issuing of electronic money with Relation number DNB: R142701. 6
I. Purchase of vouchers redeemable for various products/services: through thePlatform, users in the European Economic Area, using the EURO as local currencymay purchase vouchers redeemable for their contacts in the Philippines, such as: Groceries; Medicines; Medical Insurance; Payment of wifi at home and online mobile charging; Others.
5. The Users In the Company there are two different types of users: a) Users that send money to another person or purchases a voucher for another person;and b) Users that are the beneficiary of the money transfers or vouchers, in a different country(currently, the Philippines). This Agreement is intended for both types of users and is therefore binding, in its entirety,on all users. However, there is a possibility that some voucher recipients may not be users of thePlatform. In such cases, this Agreement shall not affect those in the same manner.


1. Terms for elsa.care Services

The elsa.care Services allow you to make payments to and accept payments from thirdparties. You may use the elsa.care Services on your mobile device. Elsa CareTechnologies, S.L. works with a licensed provider of e-money and payment services(EMI) and all money transfer is provided by Currency Cloud Limited (“CurrencyCloud”).The Company has no responsibility for the actions of your transfer recipient or for thesubject of the transfer. We do not guarantee the identity of any user of the elsa.careServices or that a sender or a recipient can or will complete a transaction.

(b) We may also need additional commercial and/or identification information from you.

2. Eligibility and Account Registration

To be eligible to use the elsa.care Services, you must create an account with acellular/wireless telephone number that you own. As further detailed in our Privacy Policy,in order to register, create and use an account, Company may require that you submitcertain Personal Information (as defined in the Privacy Policy), including but not limitedto your name, email address, text-enabled cellular/wireless telephone number, streetaddress or zip code, and date of birth to the Company. You agree that the PersonalInformation you provide to Company upon registration and at all other times will be true,accurate, current, and complete, and you agree to maintain and update this PersonalInformation with us as necessary.

3. Account

You may have only one personal account for use in person-to-person transfers of moneyand services with friends and family, and other people whom you know. Some featuresof personal accounts may be limited based on how you wish to use the elsa.care Services,how much you need to send or spend, and what we know about you. We may requirethat you provide more information in order to complete a transaction. Personal accountsmay not be used to receive business, commercial, or merchant transactions.

4. Identity Authentication

You hereby authorize the Company, directly or through third parties, to make any inquirieswe consider necessary to validate your identity and/or authenticate your identity andaccount information. This includes asking you for further information and/ordocumentation about your account usage or identity, or requiring you to take steps toconfirm ownership of your email address, wireless/cellular telephone number, or financialinstruments, and verifying your information against third-party databases or through othersources. This process is for internal verification purposes. In order to use the money transfer service, the Company will require you to provide valididentification, as required by CurrencyCloud. This information will be shared with thirdparties to validate it and to screen your information against potential fraud and anti-moneylaundering, as stated in the company’s anti-money laundering documentation.

4. Transaction History

You have the right to receive an account statement. You may view your accountstatement by logging into your elsa.care account.

5. Sending Money

i. Sending Limits We may, at our discretion, impose limits on the number of transactions you conductthrough the elsa.care Services. Please see our FAQs for more details on limits. If we haveauthenticated your identity, we may increase your transaction limits. These limits maychange from time to time at Company's sole discretion. You may not send money to your own account.

ii. Fees for Sending Money Elsa.care is free to use and you will not be charged a fee by us for any action ortransaction you make on elsa.care. However, we reserve the right to charge a smallmargin to cover any FX fluctuations that may occur, this will for now be a 0.4% markupon the FX rate. Our goal is not to profit from this but to limit losses. If we were to change these conditions,we will notify you and provide a grace period before any fees are implemented.

6. Payment Investigation

Payment investigation is a process by which the Company reviews certain potentiallyhigh-risk transactions. If a payment is subject to payment investigation, the Company willplace a hold on the payment and may provide notice to the recipient. The Company willconduct a review and either clear or cancel the payment. If the payment is cleared, theCompany will provide notice to the recipient. Otherwise, the Company will cancel thepayment and the funds will be returned. The Company will provide notice to you by emailand/or in the account history tab of your elsa.care account if the payment is canceled.The Company also reserves the right to freeze or block accounts that we deem to havetransactioned funds illegitimately.

7. Risk of Reversals, Chargebacks, and Claims

When you receive a payment, you are liable to the Company for the full amount of thepayment plus any fees if the payment is later invalidated for any reason. This means that,in addition to any other liability, you will be responsible for the amount of the payment,plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of thepayment. You agree to allow the Company to recover any amounts due to the Company by debiting your account. You agree to reimburse the Company the debiting amount. TheCompany may attempt to contact you, and may take other legal actions to collect theamount due, to the extent allowed by the applicable law.

8. Closing Your Account

i. How to Close Your Account As long as there are no pending or in-progress transactions, you may close your accountat any time. You may close your account by emailing us at hello@elsa.care andrequesting that we close your account. It may take up to 30 days for your account closureto be complete.

ii. Limitations on Closing Your Account You may not close your account to evade a payment investigation. If you attempt to closeyour account while we are conducting an investigation, we may hold your account for upto 180 days to protect the Company or a third party against the risk of reversals,chargebacks, claims, fees, fines, penalties, and other liability. You will remain liable forall obligations related to your account even after the account is closed.

9. Item Hold

The Company, in its sole discretion, may place a hold on a payment you receive for atransaction when the Company believes there may be a high level of risk associated withthe transaction. If Company places a hold on your payment, it will show as “pending” inyour elsa.care account. In case of release of Item, the Company will release the payment hold after 21 daysunless we receive a dispute, claim, chargeback, or reversal on the transaction subject tothe hold.

The Company may release the hold earlier if the sender of funds provides usconfirmation, the Company is able to confirm proper delivery, or the Company otherwisecompletes its investigation. Additional hold period: If you receive a dispute, claim, chargeback, or reversal on thetransaction subject to the item hold, the Company may hold the payment in your accountuntil the matter is resolved pursuant to this Agreement.

10. Termination Upon Agreement

We have the right to prohibit your access to the elsa.care Services, including withoutlimitation: deactivating your account, and refusing future access to the elsa.care Servicesby you.

11. Rules and Restrictions

The following Rules and Restrictions for personal accounts apply to your use of a personalaccount under this Agreement.

ReceivingMoney: See FAQs for more details on limits, including limits on receiving and sending money. These limits may change from time to time at Company's sole discretion.

Transaction Fees for Receiving Money: See FAQs for more details on fees. These fees may change from time to time at the Company's sole discretion.
Account Errors: If your account history shows transfers you did not make, please report this by reaching out to us at hello@elsa.care.

12. Services via SMS or Mobile Data

The elsa.care Services allow you to send and receive payments through your mobilephone via SMS or mobile data plan. If you use the Services on your mobile phone, youare responsible for any fees that your phone service provider charges for SMS, dataservices, etc. Your phone service provider is not the provider of the elsa.care Services.


You request a demo of Bearer

We call you

You use Bearer

You receive emails from us

You chat with us for customer support

You opt-in to marketing messages


1. Notices to You

You agree that the Company may provide notice to you by posting it on our website andinternet properties, or if we have your email address or street address, by emailing it tothe email address listed in your account or mailing it to the street address listed in youraccount. Such notice shall be considered to be received by you within 24 hours of thetime it is posted to our website or emailed to you unless we receive notice that the emailwas not delivered. If the notice is sent by mail, we will consider it to have been receivedby you three Business Days after it is sent. We may also provide notice when you accessthe elsa.care Services.

2. Notices to the Company

Notice to the Company must be sent by email to: ELSA CARE TECHNOLOGIES S.L.,Attention: Legal Department to: hello@elsa.care.

3. Calls to You

By providing Company a telephone number (including a wireless/cellular telephone), youconsent to receive autodialed and prerecorded message calls from the Company at thatnumber if the need arises. However, we will never call you for promotional purposes.

4. Website

The Company’s website may feature third-party offers and enable product searches. TheCompany does not warrant that product descriptions, pricing, search results, user ratings,and reviews, or any other content on Company websites is accurate, complete, reliable,or current. This information is provided for informational purposes only and does notconstitute an endorsement by the Company of any product, service, or vendor.

5. Intellectual Property

“elsa.care” or “elsa” and all related logos, products, and services described in our websiteand mobile applications are either trademarks or registered trademarks of the Companyor its licensors. You may not copy, imitate, or use them without Company’s prior writtenconsent. In addition, all page headers, custom graphics, button icons, and scripts areservice marks, trademarks, and/or trade dress of the Company. You may not copy,imitate, or use them without our prior written consent.

You may use HTML logos provided
by the Company through our vendor services, SMS tools, promotional tools or affiliateprograms without prior written consent for the purpose of directing web and SMS trafficto the service. You may not alter, modify or change these HTML logos in any way, usethem in a manner that is disparaging to the Company or the Service or display them inany manner that implies the Company’s sponsorship or endorsement. All right, title, andinterest in and to the elsa.care website and any content thereon is the exclusive propertyof the Company and its licensors. Certain other product or service names, brand names,and company names may be trademarks of their respective owners.

6. Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you makeor receive, and it is your responsibility to collect, report and remit the correct tax to theappropriate tax authority. The Company is not responsible for determining whether taxesapply to your transaction, or for collecting, reporting, or remitting any taxes arising fromany transaction.

7. Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in orderto better understand our commitment to maintaining your privacy, as well as our use anddisclosure of your information. If you receive information about another elsa.care userthrough the elsa.care Services, you must keep the information confidential and only useit in connection with the service. You may not disclose or distribute an elsa.care user’sinformation to a third party or use the information for marketing purposes unless youreceive the user’s express consent to do so.

8. Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we donot allow anyone under 18 to register for the elsa.care Services. If you are under 18,please do not send any information about yourself to us, including your name, address,telephone number, or email address. No one under age 18 is allowed to provide anypersonal or payment information to us through the elsa.care Services. If we learn that wehave collected personal information from a child under age 18 without verification ofparental consent, we will delete that information as quickly as possible. If you believe thatwe might have any information from or about a child under 18, please contact us at theinformation provided below in the “Contact Us” section.

9. Loss or Theft of Account Information,

If you believe that any of your elsa.care account registration information has been lost orstolen, or if your account history shows transfers that you did not make, immediatelycontact the Company via the Contact Us information below or by email tohello@elsa.care.

1. NotificationRequirements

You should immediately notify the Company if you believe:
●  There has been an unauthorized transaction (“UnauthorizedTransaction”, unauthorized access to your account, or the occurrence ofanother error (“Other Error”);
●  There is an error in your transaction history, or your transaction confirmationsent to you by email;
●  Your password has been compromised;
●  Your elsa.care mobile-activated phone has been lost, stolen, or deactivated.
●  You need more information about a transaction listed in your transactionhistory or transaction confirmation email. To be eligible for 100% protectionfor Unauthorized Transactions sent from your account, you must notify uswithin 60 days after any Unauthorized Transaction or any Other Error firstappears in your account statement. If you do not tell us within 60 days afterthe account statement was made available to you, you may not get backany money you lost after the 60 days if we can prove that we could havestopped someone from taking the money if you had told us in time. If a goodreason (such as a long trip or a hospital stay) keeps you from telling us, wewill extend the time periods. You should regularly log into your account andreview your transaction history to ensure that there has not been anUnauthorized Transaction or Other Error. The Company will also send anemail/text to the primary email address/phone number on file in order tonotify you of each transaction from your account. You should review theseemails to ensure that each transaction was authorized and is accurate. For Unauthorized Transactions or Other Errors in your account, notify us asfollows:

● By emailing us at hello@elsa.care; When you notify us, provide us with all the following information:
●  Your name, and the email address and phone number registered to youraccount;
●  A description of any suspected Unauthorized Transaction or Other Errorand an explanation of why you believe it is incorrect or why you need moreinformation to identify the transaction; and
●  The amount of any suspected Unauthorized Transaction or Other Error.
2. Company actions after receipt of your Notification

Once you notify us of any suspected Unauthorized Transaction or Other Error, or weotherwise learn of one, we will do the following:
●  We will conduct an investigation to determine whether there has been anUnauthorized Transaction or Other Error that is eligible for protection.
●  We will complete our investigation within 20 Business Days of the date wereceived your notification of the suspected Unauthorized Transaction orOther Error. If your account is new (the first transaction from your accountwas less than 30 Business Days from the date you notified us), we may takeup to 30 Business Days to complete this investigation. If we need more time,we may take up to 45 days to complete our investigation (or up to 90 daysfor new accounts).
●  We will inform you of our decision within 3 Business Days after completingour investigation. If we determine that there was an error, we will promptlycredit the full amount of the error into your account within 1 Business Dayof our determination. Or, if you have already received a provisional credit,you will be allowed to retain those amounts.
●  If we decide that there was not an Unauthorized Transaction or Other Error,we will include an explanation of our decision in our email or other communications to you. If you received a provisional credit, after giving you5 Business Days advance notice of the date and amount of the debit, wewill remove it from your account. You may request copies of the documentsthat we used in our investigation.

10. Restricted Activities

In connection with your use of our website, your account, or the elsa.care Services, or inthe course of your interactions with the Company, a user, or a third party, you will not:

● violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

● infringe the Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

● act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

● provide false, inaccurate, or misleading Personal Information;

● create more than one elsa.care account for yourself, through, among other methods, using a name that is not yours, using a temporary email address(es) or phone number(s), or providing any other falsified Personal Information;

● control or possess more than one account without authorization from the Company;

● control an account that is linked to another account that has engaged in any of these restricted activities;

● send or receive what we reasonably believe to be potentially fraudulent funds;● refuse to cooperate in an investigation or provide confirmation of your identity or
any Personal Information you provide to us;

● attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both the Company and the recipient of bank, or credit card issuer for the same transaction;

● use an anonymizing proxy;

● conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to the Company, a user, a third party or you;

● use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;

● disclose or distribute another elsa.care user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;

● send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;

● take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

● facilitate any viruses, trojans, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information;

● use any robot, spider, other automatic devices, or manual process to monitor or copy our website without our prior written permission;

● use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;

● take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;

● pay from a card or mobile money account that you don’t own without the owner’s permission.

11. Acceptable Use

You agree you will not use the elsa.care Services to violate any law, statute, ordinance,or regulation relating to sales of:

●  counterfeit goods;
●  narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
●  drug paraphernalia;
●  items that encourage, promote, facilitate or instruct others to engage in illegalactivity;
●  items that promote hate, violence, racial intolerance, or the financial exploitation ofa crime;
●  items that are considered obscene;
●  items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
●  certain sexually oriented materials or services;
●  ammunition, firearms, or certain firearm parts or accessories; or
●  certain weapons or knives regulated under applicable law;

You further agree that you will not use the elsa.care Services to conduct transactions that:
●  show the personal information of third parties in violation of applicable law;
●  support pyramid or Ponzi schemes, other “get rich quick” schemes, or certain multi- level marketing programs;
●  are associated with purchases of annuities or lottery contracts, lay-away systems,off-shore banking or transactions to finance or refinance debts funded by a credit card;
●  are for the sale of certain items before the seller has control or possession of the item;
●  are used by payment processors to collect payments on behalf of merchants;
●  are associated with the sale of traveler’s checks or money orders;
●  provide certain credit repair or debt settlement services involve the sales ofproducts or services identified by government agencies to have a high likelihoodof being fraudulent;
●  are otherwise related to illegal activity, gambling, pornography, obscene materialor otherwise objectionable content or activities, Violating applicable laws orindustry regulations regarding the sale of:

○  tobacco products;
○  prescription drugs and devices involve gambling, gaming and/or any otheractivity with an entry fee and a prize, including, but not limited to casinogames, sports betting, horse or greyhound racing, lottery tickets, otherventures that facilitate gambling, games of skill (whether or not it is legallydefined as a lottery) and sweepstakes unless the operator has obtainedprior approval from the Company and the operator and customers arelocated exclusively in jurisdictions where such activities are permitted bylaw; or
○  provide certain credit repair or debt settlement services involving the salesof products or services identified by government agencies to have a highlikelihood of being fraudulent.

12. Legal Compliance

You are solely responsible for ensuring that your use of the elsa.care Services is inconformance with applicable Spanish laws and regulations and/or any other regulationwhich is applicable to you. By using the elsa.care Services, you warrant and confirm thatyou are not located outside the European Union, or The Philippines.

13. Your Liability - Actions We May Take

1. You are solely responsible for ensuring that your use of the elsa.care Services isin conformance with applicable Spanish and European laws and regulations and/orany other regulation which is applicable to you.

2. YourLiability:

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, andother liability incurred by arising out of your breach of this Agreement, and/or your use ofthe elsa.care Services. You agree to reimburse the Company, a user, or a third party forany and all such liability. You acknowledge that you are responsible for the accuracy ofall payments sent using the elsa.care Services, including but not limited to the accuracyof the amount paid and the recipient. The Company shall not be responsible or in anyway held liable due to inaccurate payments, including but not limited to sending anincorrect amount of money or sending money to an incorrect recipient, or sending anincorrect service.

3. Actions by the Company

If we have reason to believe that you have engaged in any restricted activities, madeexcessive or unexplainable transactions, violated any parts of this Agreement, or providedany incorrect information, we may take various actions to protect the Company, anotherelsa.care company, user, a third party, or you from reversals, chargebacks, claims, fees,fines, penalties, and any other liability. The actions we may take include but are not limitedto the following:

●  We may close, suspend, or limit your access to your account or theelsa.care Services;
●  we may contact users who have sent you money, contact your bank orcredit card issuer, and warn other users, law enforcement, or impacted thirdparties of your actions;
●  we may update inaccurate information you provided us;
●  we may refuse to provide our elsa.care services to you in the future;
●  we may take legal actions against you.
The Company, in its sole discretion, reserves the right to terminate this Agreement,access to its website, or access to the Service for any reason and at any time upon noticeto you.

14. Account Closure, Termination of Service, or Limited Account Access

If we limit or close your account or terminate your use of our Services for any reason, youmay contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion. You may stop using theelsa.care Services at any time or may close your accounts by contacting us. TheCompany, in its sole discretion, reserves the right to terminate the elsa.care Services, toterminate this Agreement, or to terminate your access to the elsa.care Services for anyreason and at any time. If we terminate or limit your use of our elsa.care Services for anyreason, we will use commercially reasonable efforts to provide you with notice of ouractions.

15. Policy Violation

If the Company incurs any damages because you violate our policies, break any laws, orotherwise cause the Company to suffer any damages or incur in any expenses, then wemay fine you for such violation and take legal actions against you to recover additionallosses, investigation costs, fines, or legal fees we may incur.

16. Liability of Company for Failure to Complete Transfers

If the Company does not complete a transfer to or from your account or using your savedpayment information, on time or in the correct amount according to this Agreement, theCompany will be liable for your losses or damages to the extent required by law. TheCompany will not be liable:

●  If, through no fault of Company’s, you do not have enough money in your bankaccount, and Company is unable to charge the transaction;
●  If the elsa.care Services were not working properly and you knew about thebreakdown when you started the process;
●  If the failure results from a failure of a Mobile Carrier linked to your account, or forany reason other than due to Company’s fault;
●  If you provided inaccurate or incomplete information regarding the transfer;
●  If the transfer appears suspicious, fraudulent, or unauthorized, and Companycannot confirm that it is a legitimate transfer, or if the account of either userinvolved in the transfer is under investigation by Company or if the transfer is orappears to be prohibited by any applicable law or rules.

Once the Company has provided the service (money sent to the user, sending thevoucher to the beneficiary, etc.), the Company will not have any other responsibility regarding that specific service and the total risk will be transferred to the Users or to thepartner company responsible for exchanging the voucher.

17. Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of theelsa.care Services and use them at your own risk. To the fullest extent permissible underapplicable law, all such representations, warranties, guarantees, and conditions aredisclaimed, including, but not limited to, any implied warranties of merchantability, fitnessfor a particular purpose, title, non-infringement of intellectual property rights, or otherterms which might otherwise be implied by statute, common law or in equity.

The Company does not warrant that the services will be uninterrupted or error-free, thatdefects will be corrected, or that the services, or the servers that process information forthe services, are free of viruses, bugs, or other harmful components. On behalf of theCompany, Covered Third Parties, and each of our respective affiliates, vendors, agents,and suppliers, the Company makes the following disclaimers set forth in this section: theelsa.care Services are provided on an “as is”, “as available” and “with all faults” basis,without any representations, warranties, guarantees, or conditions of any kind, express,implied or statutory, including, but not limited to, any warranty as to the use or operationof the services, or the information, content or other materials related to the services,whether provided by the Company, any third party, or any of the Covered Third Parties.Neither the Company, nor any third party, nor any of the Covered Third Parties warrantnor make any representations regarding the use or the results of the services in terms ofcorrectness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost ofall necessary maintenance, repair, or correction to any equipment you use in accessingany of the services, including, but not limited to, your mobile phone or another device.

THE COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSINGTO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THEELSA.CARE SERVICES AND YOU AGREE TO HOLD COMPANY HARMLESS ANDINDEMNIFY THE COMPANY FROM ANY LIABILITY arising from the actions or inactionsof any external social media network in connection with the permissions you grant to theexternal social media network. None of the Company, any third party (including, withoutlimitation, the Bank or Shift), or the Covered Third Parties, or any of their respectiveaffiliates, vendors, agents, or suppliers will be liable for, and you agree not to seek againstany of the foregoing, any damages of any kind arising from the use of the services,including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of theservice, lost data, lost profits, or business interruption arising out of or in any wayconnected with the use of the services, any delays in the services, or the inability to usethe services, or any portion thereof, whether based on contract, tort, negligence, strictliability or otherwise, even if all or any of us have been advised of the possibility of suchdamages and even if any remedy fails of its essential purpose.

The Company does not have any control over any products or services that are paid forwith our services and the Company cannot ensure that any party you are dealing with willactually complete the transaction or is authorized to do so. The Company will makereasonable efforts to ensure that requests for services are processed in a timely mannerbut the Company makes no representations or warranties regarding the amount of timeneeded to complete processing because the Company is dependent upon many factorsoutside of our control, such as delays in the operating system.

18. License Grant

Certain of the Services require the use of software and software applications provided toyou by the Company (collectively “Software”). The Company and its licensors grant youa limited, nonexclusive license to use the Company’s Software in Euros that we provideto you solely in accordance with this Agreement and any user documentation we mayprovide, including all updates, upgrades, new versions, and replacements of the Software(all of which become part of the “Software”) for your personal use only in accordance withthis Agreement. If the Software will be downloaded to a mobile device, this licenseextends to your use of the Software on a device that you own or control, as long as youruse is permitted by the usage rules set forth for your particular device (for example, theApple App Store Terms of Use).

You may not rent, lease or otherwise transfer your rights in the Software to a third party.You must comply with the implementation and use requirements for the Softwarecontained in this Agreement or in any elsa.care Services documentation we provide toyou. If you do not comply with such implementation and use requirements, you will beliable for all resulting damages suffered by you, the Company, or any third parties. Youagree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer,translate, disassemble, decompile or otherwise attempt to create any source code whichis derived from the software. You acknowledge that all rights, titles, and interests to theCompany’s software are owned by the Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies ofthe Software.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company and its officers,directors, and employees from any claim or demand (including any damages, losses,expenses, and attorneys fees resulting therefrom) made or incurred by any third partydue to or arising out of your breach of this Agreement and/or your use of the elsa.careServices.

20. Assumption of Rights

If the Company makes a payment to you for a claim, reversal, or chargeback that you filewith us against a recipient of your payment, you agree that the Company assumes yourrights against the recipient and third parties related to the payment, and may pursue thoserights directly or on your behalf, at the Company's discretion.

21. Release of the Company

If you have a dispute with one or more users relating to payment, the Company is notresponsible for any such dispute and you hereby release the Company (and our officers,directors, agents, joint ventures, and employees) from any and all claims, demands, anddamages (actual and consequential) of every kind and nature arising out of or in any wayconnected with such disputes.

22. Modification of Terms

We may amend this Agreement at any time by posting a revised version on our website.The revised version will be effective at the time we post it unless it contains materialchanges. If we make changes to our Agreements with you that either reduce your rightsor increase your responsibilities, we will provide 21 days’ notice to you before the changesbecome effective. By using the elsa.care Services after a new Agreement has beenposted, you agree to the revised Agreement.

23. Survival

In the event of termination of this Agreement or the elsa.care Services, the terms in thisAgreement that by their nature are continuing shall survive such termination, includingbut not limited to the disclaimers and limitations of liabilities.

24. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipmentof materials, or for any damages suffered by you by reason of such delay or failures,directly or indirectly caused by or in any manner arising from or connected with acts ofGod, acts of public enemies, riots, strikes, acts of governmental agencies, labordifficulties, failure of our power, telecommunications or other suppliers, delays in securingor shortages of raw materials, breakdown or destruction of any system or equipment, orany other cause or causes beyond our control, whether or not similar to those enumeratedherein.

25. Miscellaneous

This Agreement and other documents (including but not limited to the Privacy Policyreferenced in or linked to this Agreement, which is hereby incorporated herein and madea part of this Agreement by this reference), contain yours and our entire Agreementregarding your use of the elsa.care Services. If any provision of this Agreement is deemedto be illegal or unenforceable, such provision shall be enforced to the extent possible, andany remaining illegality or unenforceability will not affect the validity or enforceability ofany other provisions of this Agreement, which together will be construed as if such illegalor unenforceable provision had not been included in this Agreement.

Any legal action arising out of your use of the elsa.care Services must be brought withinone year after the cause of action has arisen. The section headings in this Agreement arefor convenience of reference only and are not to be considered as parts, provisions, orinterpretations of this Agreement. You may not transfer or assign any rights or obligationsyou have under this Agreement without the Company's prior written consent. Thecompany reserves the right to transfer or assign this Agreement or any right or obligationunder this Agreement at any time. Our failure to act with respect to a breach by you orothers does not waive our right to act with respect to that breach or subsequent or similarbreaches.

26. Independent Contractors

The parties agree that they are independent contractors to each other in performing theirrespective obligations hereunder. Nothing in this Agreement or in the working relationshipbeing established and developed hereunder shall be deemed or is intended to bedeemed, nor shall it cause the parties to be treated as partners, joint venturers, orotherwise as joint associates for profit.

27. Applicable Law and Jurisdiction

a) Applicable Law

This Agreement must be ruled and interpreted according to the Spanish Law.

b) Dispute resolution

The regulations in force, as far as consumers and users are concerned, establish that thejurisdiction to deal with legal issues arising between the Company and users must be thatof the court of the user’s domicile. For the submission of complaints regarding the services provided by the Company, theuser may send them by e-mail to the e-mail address: hello@elsa.care, with the Companyundertaking to seek a friendly solution to the dispute. Furthermore, in accordance with the provisions of Regulation (EU) No. 524/2013 of theEuropean Parliament and of the Council of 21 May 2013 on consumer online disputeresolution, in the event of a dispute, the user may, if he/she so wishes, have recourse tothe "Commission's Dispute Resolution Platform" to attempt to settle out of court anydispute arising from the provision of the elsa.care Services.


If you have questions or concerns regarding this Agreement or your elsa.care account, orany feedback that you would like us to consider, please email us to: hello@elsa.care.

ELSA CARE TECHNOLOGIES, S.L.All rights reserved. Last update: October 11th, 2021.