Terms & Conditions

Elsewhere – Short Literary Fiction

Effective Date: May 18, 2025

Last Updated: May 18, 2025

1. Acceptance of Terms

By downloading, installing, or using the Elsewhere application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Elsewhere ("Company," "we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the App after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

Elsewhere is a mobile application that provides curated short literary fiction content for personal reading enjoyment. The App offers: - A library of curated short stories and literary fiction - Personalized reading recommendations - A reader experience optimized for mobile devices - Subscription-based access to premium content

3. Eligibility

You must be at least 13 years of age to use the App. If you are under 18, you must have the consent of a parent or legal guardian. By using the App, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features of the App, you may be required to create an account. You agree to: - Provide accurate, current, and complete information during registration - Maintain and update your account information as necessary - Keep your login credentials confidential - Notify us immediately of any unauthorized use of your account - Accept responsibility for all activity that occurs under your account We reserve the right to suspend or terminate accounts that contain false or misleading information.

5. Subscriptions and Payments

5.1 Subscription Plans

Elsewhere offers auto-renewable subscription plans that provide access to premium content. Subscription details, pricing, and billing cycles are presented within the App at the time of purchase.

5.2 Billing

Subscriptions are billed through the Apple App Store. Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.

5.3 Free Trials

We may offer free trial periods for new subscribers. If a free trial is offered, you will not be charged until the trial period ends. You may cancel at any time during the trial without charge.

5.4 Promo Codes

We may issue promotional codes that grant temporary access to premium features or extend subscription periods. Promo codes: - Are valid for one-time use per account - Cannot be transferred, resold, or combined with other offers - Have no cash value - May expire and are subject to availability - Are subject to any additional terms stated at the time of issuance We reserve the right to modify or cancel promotional offers at any time.

5.5 Cancellation and Refunds

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. Refunds are governed by Apple's refund policies, which you may access through the App Store. We do not provide direct refunds outside of Apple's processes.

5.6 Price Changes

We reserve the right to modify subscription pricing at any time. You will be notified of price changes in advance, and the new pricing will take effect at your next renewal period.

6. Content and Intellectual Property

6.1 App Content

All content within Elsewhere — including but not limited to text, images, design, logos, user interface, and software — is either owned by the Company or licensed from third parties and is protected by applicable intellectual property laws.

6.2 Public Domain Content

Some stories in the App are sourced from the public domain. While the underlying texts may be in the public domain, our curation, editorial selection, formatting, and presentation remain proprietary.

6.3 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial reading enjoyment.

6.4 Restrictions

You may not: - Copy, reproduce, distribute, or publicly display any content from the App without our written consent - Reverse engineer, decompile, or disassemble the App - Use the App for any commercial purpose without authorization - Scrape, crawl, or otherwise collect data from the App by automated means - Use the App to distribute malware or engage in any unlawful activity - Attempt to gain unauthorized access to any portion of the App or its infrastructure

7. User Conduct

You agree to use the App only for lawful purposes and in a manner consistent with these Terms. You agree not to: - Violate any applicable local, national, or international law or regulation - Impersonate any person or entity, or misrepresent your affiliation with any person or entity - Engage in any conduct that restricts or inhibits any other user's enjoyment of the App - Attempt to interfere with the proper functioning of the App

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and sharing of your personal information.

9. Third-Party Services

The App may integrate with or link to third-party services, including but not limited to Apple App Store, RevenueCat (subscription management), and analytics providers. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of any third-party services.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that: - The App will be uninterrupted, error-free, or secure - Any defects will be corrected - The App or the servers that make it available are free of viruses or other harmful components - The results of using the App will meet your requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELSEWHERE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: - Your access to or use of (or inability to access or use) the App - Any content obtained from the App - Unauthorized access, use, or alteration of your transmissions or content IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elsewhere and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

13. Termination

Termination We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason. Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under or in connection with these Terms shall be resolved through good-faith negotiation. If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with applicable arbitration rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last Updated" date at the top of this document and, where appropriate, by notifying you within the App. Your continued use of the App after such changes constitutes your acceptance of the updated Terms.

16. Contact Us

If you have any questions about these Terms, please contact us at: **Elsewhere** Email: artemy.medvedev.ilyich@gmail.com Website: www.elsewr.app

These Terms of Service were last updated on May 18, 2025.