Terms of Service
The wording on this page is under legal review.
1. Scope
These terms govern your use of Eluvaris (the “Service”), operated by Tim Gansczyk, Berlin(“we”, “us”). By creating an account or claiming a position you accept these terms.
2. Membership
Eluvaris is a members club. Buying a position entitles you to a permanent number and the opportunity to become a visible member. It does not by itself make you a visible member. Visible membership requires completing the Murph (a timed workout: 1 mile run, 100 pull-ups, 200 push-ups, 300 squats, 1 mile run) and receiving two confirmations from the existing membership: a vouch that you belong, and a confirmation of your completed Murph by a member who was physically present. Both confirmations may come from the same member.
3. Your number
On your first contribution you are assigned a number that is unique within your country, permanent, and never reassigned to anyone else. Your display name is fixed from the moment your number exists. The number survives non-renewal of your contribution.
4. Contribution
Membership is funded by a single annual contribution, which is the only charge in the Service. You choose your contribution from the amounts then open. The amount actually charged by our payment provider is authoritative. Contributions renew annually. If a renewal payment fails, a short grace period applies before the position lapses; your number is retained regardless.
5. Verification and visibility
You appear on the public board only once you are verified, that is, once a member has vouched for you and a member has confirmed your Murph. Standing on the board reflects the order in which members committed, never a displayed amount. We may remove a member’s visibility where there is good cause, including breach of these terms or of the honesty required by the verification process.
6. Conduct
You must use your real identity and accurate information. A member confirming a Murph must have been physically present for it. Vouching for or confirming a person dishonestly is a serious breach. You may not attempt to enumerate, scrape, or otherwise access member information beyond the Service as provided.
7. Withdrawal and refunds
If you are a consumer, you have a statutory right of withdrawal. See the Right of Withdrawal for details and the model form. Beyond the statutory right, a refund of your contribution is available only within 14 days of purchase and only if you have not yet gone live on the board; going live is treated as full performance of the membership benefit. Deleting your account is not a withdrawal and does not entitle you to a refund; it frees your position and retires your number.
8. Termination
You may close your account at any time by contacting us at the address in the Imprint. We action closure and deletion requests without undue delay, and in any event within one month of receipt. We may suspend or terminate access for breach of these terms. Statutory rights to extraordinary termination remain unaffected.
9. Liability
We are liable without limitation for intent and gross negligence, and for injury to life, body, or health. For slight negligence we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible), and then only for the foreseeable damage typical of the contract. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. Any further liability is excluded.
10. Governing law and jurisdiction
These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer-protection provisions of the country in which you habitually reside remain unaffected.
11. Changes
We may update these terms. We will make the current version available here, and where changes are material and affect your rights, we will take reasonable steps to notify you. Questions: hello@eluvaris.com.