Terms of Service for Elyvite
1. Provider and scope
These Terms of Service (“Terms”) apply to the use of the website elyvite.com and the application app.elyvite.com, operated by
Flowprimo LLC, 8 The Green, Suite A, Dover, Delaware 19901, USA
Delaware File Number: 10072739
Authorised representative: Christian Saur, Sole Member
Email: legal@elyvite.com
(“Elyvite”, “we” or “us”).
Elyvite is offered exclusively for professional and commercial purposes. It is intended for persons entering into the contract in the course of their commercial, self-employed or other professional activity. Entering into the contract for private purposes as a consumer is not provided for.
Registration and use of Elyvite require the user to be at least 18 years old.
By registering and taking out a paid subscription, the user confirms that they are at least 18 years old, that they use Elyvite in the course of their professional or commercial activity, and that they are not entering into the contract as a consumer.
The sale of paid Elyvite subscriptions and, where applicable, of further digital services is handled by Sold through Link, LLC f/k/a Lemon Squeezy LLC (“Lemon Squeezy”), Salt Lake City, Utah, USA.
Flowprimo LLC is the supplier of the Elyvite product. In the purchase, Lemon Squeezy acts as authorised reseller and merchant of record. The user purchases the subscription through Lemon Squeezy; the terms provided by Lemon Squeezy at checkout apply in addition to the purchase and payment process.
Lemon Squeezy is responsible in particular for order and payment processing, invoicing, taxes, refunds and chargebacks within its reseller and merchant-of-record function.
Flowprimo LLC remains the provider and operator of Elyvite and is responsible for making the Elyvite platform available and for its use in accordance with the contract.
2. Description of services
Elyvite is an AI-assisted health research workspace for health professionals and other users working professionally in the health field.
The platform allows users to research different expert perspectives from the Elyvite database and – where available – to identify agreement, differences and contradictions between those perspectives.
In addition, scientific publications, further sources and references to original sources can be included in the research.
Depending on the scope of functions, Elyvite may provide AI-assisted research features, summaries, comparisons of expert positions, consensus and dissent views, references to scientific sources, thematic overviews, briefings and further research tools, among others.
Elyvite helps users research, structure and contextualise health-related information and trace its sources. The platform does not make medical decisions for the user and does not replace independent professional assessment.
The specific scope of functions may change as the service is developed further. The scope of services offered at the relevant time is decisive.
There is no entitlement to the permanent availability of particular individual functions, sources, experts, content or AI models, provided that the essential purpose of the contract is not unreasonably impaired as a result.
3. Registration and user account
To use Elyvite you create a personal user account.
You are obliged to provide correct and complete information when registering and to protect your access credentials from third-party access.
The user account is personal and non-transferable. It must not be shared with other persons unless Elyvite expressly offers a corresponding team or multi-user function.
You are responsible for activities under your user account to the extent that you are accountable for them.
Use requires that you are at least 18 years old and that you use Elyvite in the course of your professional or commercial activity. You expressly confirm this as part of the registration.
4. Conclusion of contract, prices and payment
The Elyvite subscription currently costs €39 per month.
A 7-day trial period applies before the paid subscription begins. During the trial period, 200 Elyvites are available. A valid payment method is required to start the trial period.
Unless the subscription is cancelled before the trial period ends, it then automatically continues as the paid monthly subscription at €39 per month. The paid subscription currently includes 1,400 Elyvites per billing month.
The price and scope of services displayed immediately before the order is completed are decisive. This applies in particular if prices, trial conditions or included usage allowances change in future.
The purchase and payment processing take place through Lemon Squeezy as authorised reseller and merchant of record.
Lemon Squeezy is responsible in particular for order and payment processing, invoicing and the tax obligations arising within its merchant-of-record function.
The terms provided by Lemon Squeezy at checkout apply in addition to the purchase.
5. Term, automatic renewal and cancellation
The subscription runs monthly and renews automatically for one further month unless it is cancelled.
You can cancel the subscription at any time with effect from the end of the current billing period. Cancellation is possible through the options provided for this purpose in your account or through Lemon Squeezy.
Cancelling during the trial period prevents the transition into the paid subscription.
After a cancellation, access generally remains in place until the end of the billing period already paid for.
Paid billing periods that have already begun are generally not refunded on a pro-rata basis, unless agreed otherwise or unless a refund is required by law.
Merely not using Elyvite does not count as a cancellation.
The right of either party to terminate for good cause remains unaffected.
6. Refunds
Refunds are handled, where applicable, through Lemon Squeezy as merchant of record.
Whether and to what extent a refund is made is governed by the terms applicable to the respective purchase and by mandatory statutory claims.
Mandatory statutory claims remain unaffected.
7. No medical advice and professional responsibility
Elyvite is a research and information tool and does not provide medical advice, diagnosis or treatment.
The content provided via Elyvite may include, in particular, expert opinions, scientific information, AI-generated or AI-assisted content and references to external sources.
The information provided is not to be understood as an individual medical recommendation for action and replaces neither independent professional assessment nor – where required – a medical examination, diagnosis or treatment.
In particular, content from Elyvite must not be used unchecked as the sole basis for diagnostic, therapeutic or other clinical decisions.
Users remain responsible for assessing the information, statements and sources provided in professional terms and for deciding whether and in what way they use them in the course of their professional activity.
8. User input and personal health data
Elyvite is intended for general, non-personal professional research and is not intended for processing personal health data of patients, clients or other third parties.
In particular, you must not enter, transmit or – where a corresponding function is offered – upload patient records, findings, laboratory values or other health information into Elyvite if these can be attributed to an identified or identifiable person.
Case-related questions may only be used if they are sufficiently anonymised and abstracted so that the person concerned cannot be identified.
Other personal data of third parties must not be entered either, unless there is a suitable legal basis for doing so and the function in question is expressly intended for such processing.
You are responsible for the lawfulness of the content you enter and for sufficient anonymisation.
The professional and legal responsibility for using the researched information in the course of your professional activity remains with you.
Further information on the processing of personal data can be found in our privacy policy.
9. Further rules of use
You undertake to use Elyvite exclusively within the framework of applicable law, your professional duties and these Terms.
In particular, it is not permitted to
- use Elyvite for unlawful or abusive purposes;
- disrupt the operation of the service or circumvent technical or organisational security measures;
- access or attempt to access systems, accounts or data without authorisation;
- use automated systems such as bots, scrapers or comparable systems without our prior permission, unless such use is expressly permitted through an interface provided by us;
- systematically reproduce, extract or resell content or data from Elyvite;
- systematically use substantial parts of Elyvite to build or train competing databases, AI systems or comparable services;
- decompile, disassemble or reverse engineer software components of Elyvite, unless this is mandatorily permitted by law;
- infringe copyrights, data protection rights or other rights of third parties.
When using Elyvite you are also responsible for complying with the statutory, regulatory and professional requirements applicable to your professional activity.
10. AI-assisted content and the limits of results
Elyvite uses artificial intelligence to research, structure, summarise, compare, translate and otherwise process information.
We collect and curate information and may show, in particular, agreement, differences and contradictions between the expert perspectives considered by Elyvite, together with related scientific information and sources.
Despite technical and organisational measures, AI systems can produce incomplete, outdated, misleading or incorrect results.
We therefore do not guarantee the accuracy of experts’ statements, of the sources used or of AI-generated content, and we do not warrant that the results shown are complete or up to date.
AI-generated content is not to be understood as independent scientific research or as a substitute for the underlying original sources.
Where available, Elyvite provides references to sources or source material so that users can trace statements and check them independently.
Representations of agreement or “consensus” relate to the content considered by Elyvite for the respective analysis and do not automatically mean that a scientific consensus or general agreement among all experts in a field exists.
The independent professional assessment rests with the user.
How we use AI and label AI-generated content is explained on our AI transparency page.
11. Third-party sources and content
Elyvite processes, structures and refers to content from external sources.
The rights to original content, scientific publications, videos, expert content and other third-party content remain with the respective rights holders.
Elyvite does not adopt external content as its own merely by displaying, summarising, linking, structuring or analysing it within a research run.
External content and linked sources may change, be removed or be temporarily unavailable. We cannot guarantee their permanent availability.
12. Elyvites
Elyvites are Elyvite’s usage allowance.
The subscription includes a set number of Elyvites. Additional Elyvites can be purchased for a fee where offered.
Unused Elyvites do not expire while a subscription is active.
Elyvites have no monetary value, are not transferable to other users and cannot be paid out in money.
When the subscription ends, all remaining Elyvites expire, including additionally purchased Elyvites.
The number of Elyvites included in the respective subscription and the conditions for purchasing additional Elyvites are displayed before the respective purchase.
13. Intellectual property and rights of use
All rights to the platform, software, design, database structure, trademarks, logos, our own editorial content and the data compilations created by Elyvite belong to Flowprimo LLC or the respective rights holders.
Rights to third-party content and sources remain with the respective rights holders.
For the term of the contract you receive a simple, non-exclusive and non-transferable right to use Elyvite for your professional or commercial activity within the scope provided for in the contract.
Your own input remains your content.
You grant us the rights required to operate Elyvite, namely to store, transmit, technically reproduce and process your input and to pass it on to the technical service providers required for the respective function, solely to the extent necessary to provide, secure and perform the service you use in accordance with the contract.
Further information on the processing of personal data can be found in our privacy policy.
14. Availability and changes to the service
We endeavour to keep Elyvite highly available.
However, uninterrupted or entirely error-free availability cannot be guaranteed. Maintenance work, security measures, technical faults or outages at external service providers in particular may lead to temporary restrictions.
We may develop, change and extend Elyvite and adjust functions, provided this is reasonable for you.
Essential functions of the service will not be significantly restricted or removed without replacement during a running subscription without objective reason.
We will inform you in an appropriate manner about material changes that significantly impair your use.
15. Suspension and termination by us
In the event of significant or repeated breaches of these Terms, we may temporarily restrict or block access to Elyvite or terminate the contract for good cause.
This applies in particular in the event of unlawful or abusive use, endangerment of the security of our systems or of other users, and significant breaches of the rules of use set out in these Terms.
Where this is appropriate in view of the severity of the breach, we will give the user the opportunity to stop the breach before a permanent block or extraordinary termination.
In the case of serious breaches, or where immediate action is necessary to protect the platform, other users or third parties, a block may also be imposed without prior notice.
Fees already paid will be refunded on a pro-rata basis to the extent required by law or arising from the terms applicable to the transaction.
16. Liability
The service is provided with due care.
Flowprimo LLC is liable without limitation for damage caused intentionally or through gross negligence, as well as for injury to life, body or health and in all other cases in which a limitation of liability is not permitted by law.
In the case of slight negligence, Flowprimo LLC is liable only for the breach of a material contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract.
Otherwise, liability is excluded to the extent permitted by law. Mandatory statutory liability provisions remain unaffected.
In particular, we do not warrant that expert statements, scientific information, external sources, summaries or AI-generated or AI-assisted content are complete, free of errors, up to date or suitable for a particular medical or professional purpose.
The professional and medical responsibility for decisions taken on the basis of, or with the involvement of, information researched via Elyvite remains with the user.
17. Data protection
Information on how we process personal data and which service providers are involved can be found in our current privacy policy.
18. Changes to these Terms
We may change these Terms where there is an objective reason to do so, in particular because of legal or regulatory changes, security requirements, technical or operational changes, or the further development of Elyvite.
We will inform you about material changes in an appropriate manner and in good time before they take effect.
Changes that materially shift the contractual balance to your disadvantage or materially disadvantage you do not take effect without your consent. Where consent is required and you do not wish to give it, you can cancel your subscription before the changes in question take effect.
Mandatory statutory rights remain unaffected.
19. Applicable law and place of jurisdiction
These Terms and the contractual relationship between the user and Flowprimo LLC regarding the use of Elyvite are governed by the law of the Federal Republic of Germany, excluding German conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
The terms and choice-of-law provisions applicable to the purchase and payment process with Lemon Squeezy remain unaffected.
To the extent permitted by law, the courts of the Federal Republic of Germany have jurisdiction over disputes arising from or in connection with these Terms or the use of Elyvite.
Mandatory statutory provisions on competence and place of jurisdiction remain unaffected.
20. Final provisions
Should any provision of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected.
The statutory provision takes the place of the invalid or unenforceable provision.
21. Contact
Flowprimo LLC, 8 The Green, Suite A, Dover, Delaware 19901, USA
Delaware File Number: 10072739
Authorised representative: Christian Saur, Sole Member
Email: legal@elyvite.com