1. Scope of the document and who the user is
These Terms of Use (the Terms) govern access to the Elaris website and its sections, including product descriptions, technical documentation, demonstration materials, contact forms and the sandbox environment. The website is owned by Elaris Payments L.L.C-FZ (the Company, Elaris).
A user is any person who opens the website, views its pages, downloads published materials, submits a request through a form or obtains access to the sandbox environment. No separate registration is required for a person to be treated as a user.
By starting to use the website, the user confirms that they have read the Terms, understand them and accept them in full. A user who does not agree with any provision should stop using the website.
If the user acts on behalf of an organisation, the user confirms that they have the authority to accept the Terms on its behalf, and in that case the user means that organisation.
2. What Elaris does and does not do
The Company is registered in the Meydan Free Zone (Dubai, UAE) and, under the licence issued to it, operates in the areas of Payment Services Provider and Digital content services.
The website is informational and presentational. It describes the capabilities of the platform, integration schemes, the structure of reporting and the onboarding process, but it does not itself accept payments, open accounts or hold user funds.
The website is not a contract. Contractual relations between the Company and a merchant arise only after a separate process: submission of a request, completion of screening, agreement of commercial terms and signing of the relevant agreement and its annexes. Until such an agreement is signed, neither the description of services on the website nor correspondence with a manager creates an obligation for the Company to provide services.
The Company may refuse to enter into an agreement without stating reasons, including where the applicant's business does not meet the Company's internal rules, the requirements of payment systems and partner banks, or applicable law.
Information on the website is not financial, investment, tax or legal advice. Decisions the user makes on the basis of website materials remain the user's own decisions.
3. Rules for using the website
The user may browse the pages of the website, study the documentation, and save or print individual materials for internal evaluation of the platform and for preparing an integration.
The user undertakes to:
- use the website only for lawful purposes and in ways that do not infringe the rights of the Company or third parties;
- provide accurate information in contact forms and not impersonate another person or a representative of another organisation;
- not submit personal data of third parties through website forms without a lawful basis;
- not post on the website or send through it any materials containing malicious code, insults, threats or calls to unlawful action;
- comply with the law applicable to the user in their place of residence or establishment.
The Company may restrict or terminate a user's access to the website or to its individual sections if the user's conduct threatens the operation of the website or the security of data, or breaches these Terms. Such a restriction may be applied without prior notice.
4. Prohibited actions
When using the website it is prohibited to:
- attempt to gain unauthorised access to the website, its servers, the sandbox environment, the control panel, other users' accounts or internal interfaces;
- probe the website for vulnerabilities or carry out load, scanning or penetration testing without the Company's prior written consent;
- interfere with the operation of the website, impair its availability, send excessive automated requests or create artificial load;
- carry out automated data collection: parsing, scraping, indexing that bypasses robots rules, or bulk copying of texts, images, diagrams and documentation sections;
- circumvent technical restrictions, protection measures, rate limits, authorisation mechanisms, geographical restrictions and captchas;
- decompile, disassemble or reverse engineer client side scripts, or otherwise attempt to reproduce the closed logic of the platform, except where such actions are expressly permitted by applicable law;
- use website materials to build a competing product or to mislead third parties as to any association with the Company;
- use the website, the sandbox environment or the Elaris brand for fraud, money laundering, terrorist financing or any other unlawful activity.
If a user discovers a vulnerability or another security weakness, the Company asks the user to report it to the contact address, not to exploit the finding and not to disclose it to third parties before it has been fixed.
5. Account and sandbox access keys
To allow a user to explore the integration, the Company may grant access to the sandbox environment: an account, test keys, shop identifiers, tokens and other access credentials (access keys).
Access keys are issued to a specific user for testing purposes and remain the property of the Company. The user undertakes to:
- keep access keys confidential and not publish them in public repositories, chats, issue trackers or client side code;
- not transfer access keys to third parties, other than the user's employees and contractors who need them to perform work and who have accepted equivalent obligations;
- use the sandbox environment with test data only and not upload real payment credentials or customers' personal data into it;
- notify the Company immediately if access keys are compromised or may have been compromised.
All actions performed using the user's access keys are deemed to have been performed by the user until the Company receives a notice of compromise. The Company may at any time revoke, replace or block access keys, including on suspicion of a breach of these Terms, and does not guarantee the retention of data created by the user in the sandbox environment.
6. Intellectual property
All materials of the website, including texts, the structure of its sections, design, layout, graphics, illustrations, diagrams, typographic solutions, page code, technical documentation and integration samples, belong to the Company or are used by it on a lawful basis and are protected as intellectual property.
The trade name Elaris, the logo and the visual identity are means of identification of the Company. They may not be used without the Company's prior written consent, including in domain names, application names, advertising materials, or in any context that creates the impression of partnership with or endorsement by the Company.
The Company grants the user a limited, revocable, non-exclusive and non-transferable right to view and use website materials solely for internal informational purposes. All rights not expressly granted by these Terms are reserved by the Company.
Quoting website materials in a reasonable volume is permitted, provided the source is cited and an active link to the relevant page is included. Full or substantial reproduction of website sections, as well as their adaptation for commercial use, requires written permission.
If a user sends the Company suggestions, comments or ideas for developing the platform, the Company may use them without restriction and without payment, unless the parties agree otherwise separately.
7. Links to third party resources
The website may contain links to third party resources: websites of banks and payment systems, repositories, documentation services, analytical and reference sources. Such links are provided for the user's convenience.
The Company does not control the content of third party resources and is not responsible for their availability, the accuracy of the information they publish, their security or the way they process data. Following an external link is done at the user's own risk, and from that moment the rules and policies of the relevant resource apply.
The presence of a link does not mean that the Company recommends the resource, has vetted it or is affiliated with its owner.
8. Demonstration data and absence of an offer
All figures shown on the website are examples. This applies to rates and fees, settlement and payout timeframes, limits, approval and success ratios, control panel screenshots, charts, statements and reports, as well as to any calculations in calculators and demonstration blocks.
Demonstration data is illustrative, does not reflect actual transactions of specific clients and is not a guarantee of any result. Figures achieved in a demonstration do not mean that the user will achieve comparable figures.
The information published on the website, including descriptions of tariffs and onboarding conditions, is not a public offer. The actual terms of service are determined individually following screening of the applicant and are recorded in the agreement and its annexes. In the event of any discrepancy between the website and a signed agreement, the agreement prevails.
9. Warranties and limitation of liability
The website is provided on an "as is" and "as available" basis. The Company makes reasonable efforts to keep it operational and its materials up to date, but does not guarantee:
- uninterrupted and error free operation of the website and the sandbox environment;
- the absence of technical failures, maintenance windows and unavailability caused by circumstances beyond the Company's control;
- the completeness, accuracy and currency of the published information at any given moment;
- the suitability of the website and its materials for the user's particular purposes.
The Company may at any time change the composition and presentation of website sections, suspend access for technical work and discontinue support for individual materials without prior notice.
To the maximum extent permitted by applicable law, the Company is not liable for lost profit, loss of data, reputational harm, or for indirect and incidental losses arising in connection with the use of the website or the inability to use it, including for decisions taken by the user on the basis of demonstration data.
The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law.
10. Changes to these terms
The Company may amend these Terms unilaterally: when the range of services and website functionality changes, when the requirements of legislation and payment systems change, and when internal rules are clarified.
The current version is always published on this page, and the version date is stated in its heading. Changes take effect upon publication, unless a later date is stated in the version itself.
The Company recommends reviewing this page from time to time. Continued use of the website after a new version is published means that the user accepts the changes. A user who does not agree with the new version should stop using the website.
11. Governing law and disputes
These Terms and the relations arising in connection with the use of the website are governed by the law of the United Arab Emirates and the law of the Emirate of Dubai, to the extent applicable to the Company as a resident of the Meydan Free Zone.
The parties will seek to settle disagreements through negotiation. A claim is sent in writing to the Company's contact address and is considered within 30 calendar days from the date of receipt.
If a disagreement is not settled through this claim procedure, the dispute is referred to the competent courts of the Emirate of Dubai, UAE.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in force. The invalid provision is to be replaced by a provision that is closest in meaning and permitted under applicable law.
12. Company details and contacts
Questions about these Terms, requests to use website materials and reports of identified breaches should be sent to the contact address below.
Elaris Payments L.L.C-FZ
Legal form: Limited Liability Company
Licence No. 2654048.01, registration number 2654048
Licence issued by Meydan Free Zone, Dubai, UAE
Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.
Licensed activities: Payment Services Provider, Digital content services
Email: hello@elarispayments.com
A reply is sent to the address from which the request was received, within a reasonable time. Requests relating to the processing of personal data follow the procedure described in the Privacy Policy.