Terms of Service — ELK Ads Engine

Version 1.0 — effective 14 October 2026

1. Purpose and acceptance

These terms of service (the "Terms") govern access to and use of the ELK Ads Engine service (the "Service") operated by ELK Consulting LTD, a company incorporated in the Republic of Mauritius under business registration number C24212728, with its registered office at Royal Road, Bain Boeuf, Republic of Mauritius ("ELK").

Creating an account constitutes unreserved acceptance of these Terms, on behalf of the user and of the organization the user creates or joins (the "Customer"). The user represents that they are authorised to bind that organization.

2. Description of the Service

The Service is an online software platform that helps businesses plan, design and manage their digital advertising campaigns. Features are released progressively. Only the features actually available in the Customer’s account and described on the pricing page at the time of use form part of the Service; features marked "coming soon" are not included in the price paid until they are made available.

3. Account and security

3.1. The Service is reserved for adults acting for professional purposes.

3.2. The user undertakes to provide accurate information and keep it up to date. The user is solely responsible for keeping their credentials and second authentication factor confidential, and for any use of their account.

3.3. Owners of an organization administer its members, plan and data. The Customer is responsible for the acts of the persons it invites.

4. Plans, prices and payment

4.1. Paid plans are prepaid for one month or one year, at the price and in the currency shown at checkout, inclusive of any applicable taxes. Payment is made through the methods offered in the Service (currently mobile money, through the payment provider Fapshi).

4.2. There is no automatic renewal. The Customer renews its plan by making a new payment. ELK notifies owners by email before the end of the period; owners may turn these reminders off.

4.3. A renewal of the same plan takes effect at the end of the current period. Switching to another plan converts the unused value of the current period into time on the new plan.

4.4. When a period ends without renewal, the plan remains available for a grace period of three (3) days, after which the organization moves to the Free plan and its limits. No data is deleted as a result.

4.5. ELK may change its prices at any time; a change never affects a period already paid.

5. Refunds

5.1. As the Service is made available as soon as payment is confirmed, a period that has started is not refundable, unless mandatory law provides otherwise.

5.2. The Customer is entitled to a refund of:

• a period paid in advance that has not yet started (early renewal), upon request made before it starts;
• any amount charged twice or in error;
• the current period, pro rata, where the Service has been substantially and lastingly unavailable due to ELK.

5.3. Requests are sent to contact@elkconsultingltd.com. Refunds granted are made to the original payment method where possible; the time to receive them depends on the payment provider.

5.4. Advertising budgets spent with advertising platforms are never refundable by ELK (section 6).

6. Advertising budgets

The Customer’s advertising budget is never part of the subscription. The Customer pays advertising platforms (in particular Meta and Google) directly under their own terms. The Customer alone decides on the content published and the budgets committed; in "approval" mode, nothing is published without its prior confirmation.

7. Customer content and AI-generated content

7.1. The Customer retains all rights in the content it provides (texts, images, brand assets, website content). It grants ELK, for the term of the contract, a non-exclusive, royalty-free licence to use such content solely for the purpose of providing the Service.

7.2. Some content is generated or suggested by artificial-intelligence systems and may contain errors. The Customer must review it before publication. The Customer remains solely responsible for the advertising it publishes, including its compliance with applicable law and with the advertising platforms’ policies.

8. Acceptable use

The Customer shall not use the Service to promote unlawful products or services, to mislead the public, to infringe third-party rights, to send unsolicited communications, to impair the integrity or availability of the Service, or to circumvent its limits and security measures. ELK may suspend an account in the event of a breach, after notice where circumstances allow.

9. Personal data

ELK’s processing of personal data is described in the Privacy Policy. The Customer may export its data and delete its account at any time from Settings. With regard to third-party data it places in the Service (in particular that of its team members), the Customer warrants that it has a legal basis to do so.

10. Availability and changes to the Service

ELK uses reasonable efforts to ensure the availability and security of the Service, as an obligation of means. ELK may change the Service; the withdrawal of a paid feature is subject to reasonable notice.

11. Liability

To the extent permitted by law, ELK shall not be liable for indirect damage such as loss of revenue, profit or customers. ELK’s total liability under these Terms is limited to the amounts actually paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits any liability that cannot be limited by law.

12. Term and termination

The contract is entered into for an indefinite term. The Customer may terminate it at any time by deleting its account, subject to section 5. ELK may terminate it in the event of a serious breach of these Terms by the Customer, after formal notice that has remained without effect where circumstances allow.

13. Changes to the Terms

ELK may amend these Terms. Any material change is notified to the Customer by email at least thirty (30) days before it takes effect; continued use of the Service constitutes acceptance of the amended Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Mauritius. Any dispute relating to their formation, performance or interpretation is subject to the jurisdiction of the Mauritian courts, without prejudice to any more favourable mandatory provisions the Customer may benefit from under the law of its country of residence.

15. Language

These Terms are drawn up in English and French. Both versions are equally authentic.

16. Contact

ELK Consulting LTD — Royal Road, Bain Boeuf, Republic of Mauritius — contact@elkconsultingltd.com — +230 5843 6113.

In Cameroon, ELK Consulting LTD is represented by ITCWEB SARL.