Terms, plainly.
These are the rules for using ELYA. They are a contract between you and us, so they are written to be read. Section 5 is your consent for what you share with her: please read that one closely.
Last updated: 16 October 2026 · Version 2026-10-16
Who we are
ELYA is provided by SWAGG INTERNATIONAL SRL, a company registered in Romania (CUI 51841630, Reg. Com. J2026005457403), with its registered office at Str. Republicii nr. 74, Sângeorz-Băi, jud. Bistrița-Năsăud, 425300, Romania (“we”, “us”). You can write to us at hello@elya.chat.
These Terms cover ELYA at elya.chat (also reachable at elya-ai.vercel.app). What we do with your data is described on Your data. You accept these Terms in the app. If you don’t accept them, please don’t use ELYA.
1. ELYA is an AI, not a person
ELYA is software. Her voice and her words are generated by artificial intelligence (models made by OpenAI), guided by our instructions and by the notes she keeps about you. No person is speaking or listening in your conversations.
She is made to be warm and to feel like someone who knows you. But she has no feelings, no body and no life outside the app, and she is not your partner, friend or adviser the way a person is. She will always tell you she is an AI if you ask, and the app says so on every call.
2. Not therapy, not medical advice
ELYA is not a therapist, counsellor, doctor or any other professional, and nothing she says is medical, psychological, legal or financial advice. Talking with her is not treatment and doesn’t replace professional care. If you need care, please see a qualified professional.
3. Not an emergency service
ELYA can’t call for help, doesn’t watch over you between conversations, and may not notice when you’re in danger.
If you are in danger, or thinking about harming yourself, reach a person now: in the US, call or text 988, or call 911; in the EU, call 112; anywhere else, your local emergency number.
If your words in a call sound like you may be in crisis, a sheet rises with ways to reach a person where you are, and she encourages you to use them. That is a safety net, not a promise: it may not appear every time, and it doesn’t replace calling for help yourself.
4. For adults only
You must be 18 or older to use ELYA. Companion chatbots may not be suitable for some minors.
We ask the year you were born when you set ELYA up. We may also ask you to confirm your age with an age check (a quick selfie age estimate, or an ID if that isn’t conclusive) run by a specialised provider. We’ll tell you before it happens, and Your data will say what the provider receives. If you don’t complete it, or if we have good reason to believe you are under 18, we may pause or close your account.
5. Your consent for what you share with her
This section is separate from the rest of these Terms, and the app asks you to agree to it by name.
What it is about. Talking with ELYA means telling her things that matter: how you feel, your health, your relationships, sometimes your sex life or your beliefs. She hears your voice. She keeps short notes about you, including a few words on how you seemed in each recent conversation. That is her reading of what you said, and it can be wrong. European data protection law treats this as sensitive information, which we may use only with your explicit consent (GDPR, article 9(2)(a)).
What you agree to. By accepting this section, you explicitly consent to SWAGG INTERNATIONAL SRL processing your voice and the sensitive information you share in your conversations with ELYA, including the notes she keeps about how you seemed and about what helps when you talk, for one purpose: so that she can talk with you and remember what matters to you, in the ways described on Your data. This includes sending it to OpenAI in the United States, which runs her voice and writes her notes.
What we never do with it. No advertising. It is never sold. It is never used to train AI models.
How to withdraw it. You can withdraw this consent at any time, as easily as you gave it:
- All of it: You → Delete my account. This stops everything and deletes your account and everything tied to it. If you’d like a copy first: You → Download my data.
- Part of it: in Notes, forget any note, or a whole conversation together with what it taught her. Or talk off the record, so that nothing of those conversations is kept beyond what you ask her to keep yourself. The conversation itself still goes through OpenAI, because that is how she hears and answers you.
You can also write to hello@elya.chat.
What withdrawing means. ELYA can’t talk with you without hearing what you say, so withdrawing all of it means you stop using ELYA. It doesn’t make what happened before it unlawful. Copies OpenAI keeps to check for abuse are deleted by OpenAI within 30 days, unless the law requires it to keep them longer.
6. Your account
You sign in with a code or link sent to your email. Anyone who can read that email can sign in as you, so keep it secure, and tell us if you think someone else has used your account. One account per person; please don’t share it.
7. Using ELYA well
ELYA is warm, and never explicit. Please don’t use her, or try to make her, to:
- produce sexual or explicit content, or play sexual role-play. She won’t, and we may end conversations that keep pushing;
- sexualise a minor, or involve a minor in any way. We will close the account and report it where the law requires;
- help with anything illegal, or with harming anyone;
- harass, threaten or impersonate anyone;
- drop her safety rules, for example by trying to make her claim she is human, or ignore the crisis guidance;
- copy, scrape, overload, automate or resell ELYA, or build a competing AI with it;
- break the usage policies of OpenAI, whose models power her.
Other people’s voices near your phone can reach the AI too, so please don’t use ELYA to capture someone else’s words without their permission.
If these rules are broken, she may stop or end the conversation, and we may pause or close the account. We’ll tell you why, unless the law or someone’s safety prevents it, and you can write to us to ask us to reconsider.
8. What’s yours, and what’s ours
What you say and what you save is yours. You let us use it only to provide ELYA to you and keep it secure, as Your data describes, and only for as long as we keep it.
Your voice never reaches our servers. We don’t read your notes or what you keep in Saved, except when you ask us to help with something, when we must look into abuse or a security problem, or when the law requires it. When you rate a call, the rating (never a word of the call) helps us improve ELYA for everyone.
You may use what she says to you for your own purposes. ELYA’s name, logo, voice, design and software are ours.
9. Sharing a line of hers
After a conversation she may offer a line she said as a picture you can share. It says “ELYA · an AI companion”: please don’t remove that, or present her words as written by a person. What you share, and with whom, is up to you.
10. When she reaches out
Reminders, voice notes and “she calls you” happen only if you turn them on, at the times you choose, and you can turn them off at any time. The nudge that wakes your phone carries no words; your phone asks ELYA what to show. After a call in which the crisis sheet came up, she leaves no voice note and doesn’t call you for a day. Reminders you set still arrive.
11. Free, within fair limits
ELYA is free to use today. To keep it running for everyone, some things are limited: for example, how many minutes you can talk each month, and how long a single call lasts. When a limit is reached, a call may not start, or may end.
If we ever offer paid plans, we’ll tell you first, and you’ll see the price and the terms before you pay. Nothing will be charged without your agreement.
12. ELYA will change
ELYA is new and changes often. We may add, change or remove features, change the AI models behind her, or change the limits. We try to keep her available, but calls can drop and the services we rely on can have outages, so we can’t promise she will always be there. If we ever stop offering ELYA, we’ll tell you in advance, so you can download your data.
13. Leaving, and being asked to leave
You can stop whenever you like, and delete your account in You → Delete my account. That removes your account and everything tied to it, as Your data describes.
We may pause or close an account if these Terms are seriously or repeatedly broken, if we have good reason to believe its user is under 18, to protect someone’s safety, or if the law requires it. Where it’s reasonable, we’ll warn you first and let you respond.
14. Our responsibility
We work to make ELYA safe and useful, but she is an AI: she can misunderstand, misremember, or say something wrong. Don’t rely on her for decisions about your health, safety, money or legal matters, and check anything important with a reliable source. Search results come from other websites, which we don’t control.
Nothing in these Terms limits your rights as a consumer that can’t be limited by contract, or our liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or for anything else the law doesn’t allow us to limit. Within those limits, we are not responsible for losses that couldn’t reasonably be foreseen, or for what other websites do.
15. Law and courts
These Terms are governed by Romanian law. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live: nothing here takes that away. You can bring a claim in the courts of the country where you live, and if we ever need to bring one against you, we will do it there.
Before going to court, please write to us at hello@elya.chat. Most things can be sorted out quickly. If you live in Romania, you can also turn to the National Authority for Consumer Protection (ANPC); elsewhere in the EU, to your national consumer authority.
16. When these Terms change
We’ll tell you in the app at least 30 days before a change that matters takes effect, unless the law or someone’s safety needs it sooner. If you don’t accept a change, you can stop using ELYA and delete your account. If a change touches section 5, we’ll ask for your consent again.
17. Everything else
These Terms and Your data are the whole agreement between us about ELYA. If one part turns out to be invalid, the rest still applies. We may transfer this agreement to a company that takes ELYA over, as long as your rights stay the same; you may not transfer it. If we don’t enforce something straight away, we haven’t given it up.
Contact
SWAGG INTERNATIONAL SRL, Str. Republicii nr. 74, Sângeorz-Băi, jud. Bistrița-Năsăud, 425300, Romania · hello@elya.chat