Terms and conditions

Last updated 08/09/2026

Version: 1.0 Effective date: 08/09/2026 Last updated: 08/09/2026

1. Acceptance of the Terms

These Terms and Conditions (“Terms”) govern access to and use of the mobile application Elephant (“App”), developed and operated by:

Sara Nicastro Trieste, Italy Email: saranicastro.sn@gmail.com

(“Developer”, “we”, “us”)

By downloading, installing or using the App, you declare that you have read, understood and fully accepted these Terms and our Privacy Policy (available within the App and at https://nicastro.in/legale/elephant-privacy-policy/). If you do not accept the Terms, do not install or use the App.

The App is distributed via the Google Play Store: download and installation are also subject to the Google Play Terms of Service (play.google.com/about/play-terms). In the event of a conflict between these Terms and those of Google Play, the latter prevail as regards distribution and in-app payments.

No account. The App has no registration or sign-in: there is no “Elephant account”. Acceptance of these Terms occurs by installing and using the App; at the time of the “remove ads” purchase (section 4) you are asked for explicit, separate acceptance.

2. Description of the Service

Elephant is a local-first bookmark manager that lets you:

• capture a link via the Android share sheet or the in-app ”+” button;
• automatically detect the link’s source platform (e.g. YouTube, Instagram, TikTok) and pre-fill the title and preview by reading the page’s public metadata;
• store links in a local library on the device, organised with folders, tags, sorting and combinable filters;
• when the page provides no preview image, assign a custom one chosen from the gallery;
• open and share saved links;
• export the library in CSV or HTML format (Netscape bookmarks) via the system share sheet, and import it by picking a CSV or HTML file through the Android system file picker.

All data resides on the user’s device. The App has no account, backend, sync or cloud backup of its own: the Developer has, at no time, access to the bookmarks or to any other content entered in the App. The only case in which data can leave the device is Android’s system auto-backup to the Google Drive space of the user’s Google account, which is run by Google and can be turned off by the user (see Privacy Policy, section 4.5). Details in the Privacy Policy.

The Service is available in two variants:

The “remove ads” purchase affects the presence of ads and the connection requirement described in section 2.1: it unlocks no other features, as all of the App’s functions are already available in the free variant. The App’s features may be updated over time, in compliance with applicable rules on the conformity of digital services (section 6) and with the notice terms in section 11.

2.1 Free plan and internet connection

The free variant is supported by advertising, which can only be served with an active internet connection. For this reason, in the free variant, when the device stays without a connection for 30 consecutive seconds the App shows a full-screen notice (“No internet connection”) that suspends use of the App — including viewing the local library — until the connection is restored. The notice offers a link to the device’s network settings and disappears automatically as soon as the network is available again. No data is lost: bookmarks remain saved on the device. The ad-free variant is not subject to this limitation and can be used without a connection.

3. Access Requirements

3.1 Minimum age

To use the App you must be at least 13 years old. In European Union countries the age threshold for independent digital consent varies between 13 and 16 depending on the country (in Italy it is 14, under Legislative Decree 101/2018; in South Korea it is 14, under PIPA; in China it is 14, under PIPL): below the threshold applicable in your country, the authorisation of a parent or legal guardian is required.

3.2 Supported devices

The App is available for Android devices via the Google Play Store. It is the user’s responsibility to have a compatible device and an internet connection for the features that require it (reading metadata, loading previews, advertising, managing the purchase). The local library remains viewable without a connection in the ad-free variant; in the free variant the limitation described in section 2.1 applies.

3.3 No registration

The Service requires no account creation or entry of credentials. There is no authentication procedure.

4. “Remove ads” purchase and Payments

4.1 Nature of the purchase

The “remove ads” purchase is a one-time in-app purchase (not a subscription): a single payment that permanently disables ads in the App, with no renewals or recurring charges. It is available via Google Play Billing and is managed, on the App side, through RevenueCat, Inc., with an anonymous user identifier not linked to any account (see Privacy Policy, section 4.2).

4.2 Price and billing

The price is shown in the App at the time of purchase and may vary by country and local currency. The amount is charged to the user’s Google Play account at the time of purchase. As there is no renewal, there are no further charges after the initial payment.

4.3 Restoring the purchase

The purchase is associated with your Google Play account. If you reinstall the App, change device or clear the App’s data, you can restore the ad-free state without paying again, via the restore-purchases function in the App, provided you use the same Google Play account with which the purchase was made.

4.4 Refunds

Refunds for in-app purchases are handled entirely by Google Play under its own refund policy. To request a refund, follow the official Google procedure: play.google.com/store/account/subscriptions or support.google.com/googleplay.

4.5 Price changes

We reserve the right to change the price of the “remove ads” purchase. Any price change applies only to purchases made after the change and has no effect on purchases already completed, which remain valid permanently.

5. Right of Withdrawal

5.1 Scope

Under the Italian Consumer Code (Legislative Decree 206/2005, arts. 52 et seq.) and European Directive 2011/83/EU, consumers resident in the European Union and the European Economic Area have the right to withdraw from a distance contract within 14 days, without giving any reason. Consumers resident in the United Kingdom have an equivalent right under the Consumer Contracts Regulations 2013 (UK).

5.2 Immediate performance and the right of withdrawal

The “remove ads” purchase is digital content not supplied on a tangible medium, performed immediately: ads are disabled as soon as the purchase is completed.

Under art. 59(1)(o) of the Italian Consumer Code (and art. 16(m) of Directive 2011/83/EU), the right of withdrawal is lost before the 14 days only where the consumer has expressly agreed to performance beginning during the withdrawal period and has acknowledged that they thereby lose the right of withdrawal. The App does not collect that express, separate agreement at the time of purchase: therefore, regardless of anything that may be stated in the Google Play purchase flow, the right of withdrawal under section 5.1 remains exercisable against the Developer within 14 days as described in section 5.3, even if ads have already been disabled.

5.3 How to exercise withdrawal

To exercise the right of withdrawal, send a notice within 14 days of purchase to saranicastro.sn@gmail.com with the subject “Elephant purchase withdrawal”. The refund is processed via Google Play under section 4.4; if the Google Play procedure is no longer available for that purchase, the Developer refunds you by another means agreed with you.

6. Legal Guarantee of Conformity of Digital Services

Under Legislative Decree 173/2021 (implementing Directive (EU) 2019/770) and the Italian Consumer Code, consumers are entitled to have the digital Service conform to what is described in these Terms and in the App.

In the event of non-conformity of the Service (for example features not working as described), you have the right to request, in order:

1. restoration of conformity (correction of the defect), free of charge and within a reasonable time;
2. a proportionate price reduction or termination of the contract, where restoration is not possible or does not occur within a reasonable time.

To report a non-conformity, contact us at saranicastro.sn@gmail.com. These guarantees apply regardless of any other limitation in these Terms and cannot be contractually excluded.

7. User Content

7.1 Ownership of content

All content you enter in the App — including saved URLs, titles and descriptions you edit, folder and tag names, custom previews — remains your exclusive property. The Developer claims no intellectual-property rights over your content.

Because the data is stored solely on your device, the Developer has no access to your content and does not use it for any purpose.

7.2 Your responsibility for content and use

You are solely responsible for the links you save and for how you use the App. You declare that:

• you have the right to access the content the links point to and to save references to it;
• you do not use the App to collect, organise or distribute references to illegal material;
• you do not use the App in breach of applicable laws or third-party rights.

7.3 Third-party metadata and previews

The automatically proposed title, description and preview are derived from the public metadata of the page the link points to (Open Graph, HTML) and from images hosted on third-party servers. Such content belongs to its respective owners, is provided “as is” and may be inaccurate, incomplete or unavailable. You can edit or replace it at any time. The Developer is not responsible for the content, availability or practices of third-party sites reachable via saved links.

7.4 Data loss

The data resides on your device. The Developer is not responsible for data loss resulting from uninstalling the App, clearing the App’s data, device malfunctions or replacement, or any other event outside its control. Android’s auto-backup, if enabled, may allow the data to be restored on a new device, but this is not guaranteed and is not managed by the Developer. We encourage you to export your library periodically (CSV or HTML) to keep a copy.

8. Developer’s Intellectual Property

The App, its source code, design, logos, the name “Elephant” and all other elements of the Service are the exclusive property of the Developer or its respective licensors and are protected by applicable copyright and intellectual-property laws.

No provision of these Terms transfers to the user any intellectual-property rights in the Service. Use of the App grants you solely a personal, non-exclusive, non-transferable and revocable licence to use the Service for personal, non-commercial purposes, within the limits of these Terms.

You may not:

• copy, modify, distribute, sell or sublicense the App or parts of it;
• decompile, reverse-engineer or attempt to extract the App’s source code;
• remove or alter any copyright notice or trademark in the App;
• circumvent, disable or alter the App’s advertising or payment mechanisms (including attempting to disable ads without the related purchase);
• use automated tools (bots, scrapers, etc.) to interact with the App;
• use the App for commercial purposes without the Developer’s written authorisation.

9. Prohibited Conduct

By using the App, you agree not to:

• use the Service for illegal purposes or in breach of applicable laws;
• interfere with the operation of the App or of the third-party services it uses;
• upload or transmit viruses, malware or any other harmful code;
• use the App to infringe intellectual-property, privacy or other third-party rights.

10. Automatic Pre-fill and Accuracy

The App uses automatic processes, run entirely on the device, to detect a link’s source platform and to pre-fill the title and preview from the page’s metadata. These features are provided purely as an aid.

The Developer does not guarantee the accuracy or completeness of platform detection or of the pre-filled metadata: the domain may not be recognised (classified as “Other”) and the metadata may be wrong or absent. The user can correct or replace any proposed value. The App provides no form of advice.

11. Service Availability and Changes

11.1 Availability

We strive to keep the Service available, but we cannot ensure uninterrupted or error-free operation. Some features depend on third-party services (Google Play, AdMob, RevenueCat) and on the reachability of the websites of saved links, which are outside our control.

11.2 Changes to the Service

We reserve the right to modify or update the App over time, including by adding, changing or removing features. Changes that significantly reduce the App’s functionality will be communicated to you with at least 30 days’ notice via a notice within the App and/or on the App’s Google Play listing.

11.3 Permanent discontinuation of the Service

In the event of permanent discontinuation of the Service, we will give you at least 30 days’ notice (where possible), via a notice within the App and/or on the App’s Google Play listing and, if the App is no longer available on the Play Store, via a notice published on https://nicastro.in, to let you export your library (CSV or HTML) before it ends. Local data remains on your device until you uninstall the App or clear its data.

For “remove ads” purchases, any refund requests following discontinuation are subject to the Google Play refund policy. A “remove ads” purchase completed well before discontinuation does not in itself give a right to a refund, without prejudice to any proportionate refund that may be due under consumer-protection law.

11.4 Support period and updates

The App is offered with no guaranteed minimum support or update period. The Developer does not commit to releasing updates, fixes or new features for any set period and may cease development and maintenance of the App at any time, with the notice described in section 11.3.

This is without prejudice to the fact that, for the “remove ads” purchase (section 4), the Developer provides the updates — including security updates — needed to keep that function conforming for the period the consumer may reasonably expect, given the nature of the function and the one-time price, under Legislative Decree 173/2021. This obligation does not entail adding new features or unlimited support over time.

Failure to update the App for new versions of the Android operating system, for changes to third-party services (Google Play, AdMob, RevenueCat) or for new device models may make it partially or wholly unusable: section 11.3 then applies.

12. Limitation of Liability

To the extent permitted by applicable law and without prejudice to section 6 (Legal Guarantee of Conformity):

1. Exclusion of additional warranties: beyond the mandatory legal guarantee of conformity, the Service is provided “as is”, with no further express or implied warranties.

2. Limitation of damages: the Developer shall not be liable for indirect, incidental, special, consequential or punitive damages arising from the use of or inability to use the Service, including — without limitation — loss of data, loss of profit or business interruption.

3. Liability cap: the Developer’s total liability to the user for any claim arising from these Terms shall not exceed the amount paid by the user for the Service in the last 12 months, or EUR 10 if the user has made no payment.

The above limitations do not apply in the event of the Developer’s wilful misconduct or gross negligence, death or personal injury caused by negligence, or in any other case where applicable law does not permit such exclusions. The mandatory consumer rights provided by Italian and European law remain unaffected in any event.

13. Ceasing Use

As there is no account, you can stop using the Service at any time simply by uninstalling the App. Uninstalling or clearing the App’s data (Android Settings > Apps > Elephant > Storage > Clear data) irreversibly deletes all local data, as described in the Privacy Policy. Any copies made by Android’s auto-backup remain subject to Google’s settings and retention periods and must be deleted separately (see Privacy Policy, section 4.5).

Upon ceasing use for any reason, the licence to use the App granted under these Terms ceases immediately. The provisions of these Terms that by their nature must survive termination (including the sections on intellectual property, limitation of liability and jurisdiction) will remain in force. A “remove ads” purchase already made stays associated with your Google Play account and can be restored on a future reinstall (section 4.3).

14. Changes to the Terms

We reserve the right to update these Terms at any time. The current version is always available within the App and at https://nicastro.in/legale/elephant-terms-and-condition/.

For substantial changes — that is, those affecting users’ rights or the economic terms — we will give at least 30 days’ notice via a notice within the App and/or on the App’s Google Play listing, clearly indicating what changes. On the first launch after a substantial change to these Terms or the Privacy Policy, the App may show a one-time notice inviting you to review them.

For non-substantial changes (editorial corrections, link updates, mandatory regulatory adjustments), continued use of the App after the effective date constitutes acceptance.

15. Governing Law and Jurisdiction

These Terms are governed by Italian law, in compliance with applicable European rules, including the Consumer Code (Legislative Decree 206/2005) and Legislative Decree 173/2021.

For any dispute concerning these Terms or the use of the Service, the Court of Trieste (Italy) has exclusive jurisdiction, subject to any mandatory provision of law applicable in the user’s country of residence.

Consumers resident in any country retain in any event the rights granted to them by the mandatory law of their country of residence, regardless of the governing law indicated in these Terms. Consumers resident in the European Union may also use the alternative dispute resolution (ADR) bodies provided for by Directive 2013/11/EU — in Italy, the ADR bodies registered in the lists kept by the competent authorities under arts. 141 et seq. of the Consumer Code.

16. General Provisions

• Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between the user and the Developer in relation to the Service and supersede any prior agreement.
• Partial invalidity: if a provision of these Terms is held invalid or unenforceable — including under consumer-protection law — the remaining provisions remain fully in force.
• Waiver: failure to exercise a right under these Terms does not constitute a waiver of that right.
• Assignment: you may not assign your rights or obligations under these Terms without the Developer’s prior written consent. The Developer may assign its rights and obligations without restriction, provided this does not prejudice the user’s rights.
• Force majeure: the Developer is not liable for delays or failures caused by events outside its reasonable control.
• Prevailing language: these Terms are available in Italian and English. In the event of conflict or inconsistency between the versions, the Italian version prevails.

17. Contact

For any question about these Terms:

Sara Nicastro Trieste, Italy Email: saranicastro.sn@gmail.com

Terms drafted in compliance with applicable Italian and European law, including the Consumer Code (Legislative Decree 206/2005), Legislative Decree 173/2021 (conformity of digital services), the Italian Civil Code and Regulation (EU) 2016/679 (GDPR).

These Terms were drafted by the Developer for informational purposes. For complex legal questions, consulting a lawyer is recommended.