Terms of Service

These Terms of Service ("Terms") govern your use of the Elgarde web and mobile application (the "App"), operated by TransparentCaprice, Lda. (NIPC 517840642), Porto, Portugal ("Elgarde", "we", "us"). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. What the App is

Elgarde is a tool that helps you carry out and record your own visual, do-it-yourself pre-purchase check of a used vehicle. It provides a structured checklist, lets you record notes, ratings and photos, decode/enter a VIN, capture an approximate location, and generate a report from what you entered. It may also point you to a third-party vehicle-history report.

Important — what the App is NOT. Elgarde is not a professional, certified, legal, or mechanical vehicle inspection, and it is not professional, mechanical, legal, or financial advice. It does not replace an inspection by a qualified mechanic, an official technical inspection (IPO), or expert diagnosis. It is an informational, self-service checklist completed by you.

2. Eligibility

You must be at least 18 years old and able to enter a binding agreement to use the App. You are responsible for keeping your login credentials secure and for all activity under your account.

3. Your account

You must provide accurate account information and keep it up to date. You are responsible for activity on your account. Notify us promptly of any unauthorised use. We may suspend or terminate accounts that breach these Terms.

4. Acceptable use

You agree not to: use the App unlawfully or for any unlawful purpose; upload content you have no right to upload, or that is unlawful, infringing or offensive; upload photos of people without a lawful basis; attempt to break, overload, reverse-engineer or gain unauthorised access to the App; scrape or misuse the service; or misrepresent a report as an official or professional inspection to a third party.

5. The inspection is your own, non-professional check

Every report reflects the information, answers, ratings, notes and photos that you entered. Elgarde does not verify the vehicle, does not attend the inspection, and does not confirm the condition, history, mileage, legal status or roadworthiness of any vehicle. A report is a record of your self-assessment — nothing more.

6. No warranty — service provided "as is"

To the maximum extent permitted by law, the App and all reports are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that VIN decoding or any generated content is complete or correct.

7. Accuracy of reports

Because reports are built from your inputs, Elgarde is not responsible for their accuracy, completeness, or for any conclusion drawn from them. VIN decoding and any auto-filled data are indicative only and may be incomplete or wrong.

8. Your decisions are your own

You are solely responsible for your decisions about any vehicle, including whether to buy, how much to pay, and whether to obtain a professional inspection. We strongly recommend an independent inspection by a qualified professional before purchasing any vehicle. Any reliance you place on the App or a report is at your own risk.

9. carVertical — third-party history reports (affiliate disclosure)

The App may link you to carVertical, an independent third party, to purchase a vehicle-history report. This is an outbound affiliate link: you leave the App and buy directly from carVertical under its own terms and privacy policy. Elgarde may earn a commission if you buy through that link. Elgarde does not provide, control, or verify carVertical's product and is not responsible for the availability, content, accuracy or price of carVertical reports, nor for your dealings with carVertical. The same applies to any other third-party partner the App may link to: such links are outbound, those providers act under their own terms, and we are not responsible for their products, content, or your dealings with them.

10. Limitation of liability

To the maximum extent permitted by Portuguese and EU law, Elgarde and its operator shall not be liable for any indirect, incidental, special or consequential damages, or for loss of profit, loss of data, or loss arising from a vehicle purchase or non-purchase, that result from your use of, or inability to use, the App or any report. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law — including liability for death or personal injury caused by our negligence, for fraud, or for any mandatory consumer rights you have under Portuguese and EU law.

11. Free limits, Pro and organizations

The App may offer a free tier with usage limits and a paid or sponsored "Pro" tier. Organizations may sponsor access for their members and share inspection visibility within the organization. If you use the App as part of an organization, its administrators may see inspections shared within that organization, and additional organization rules may apply. Specific pricing and plan terms, if any, will be presented at the point of purchase.

12. Intellectual property

The App, its design and content (excluding your own inputs) belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable licence to use the App under these Terms. You keep ownership of the content you enter; you grant us the licence needed to host and process it to provide the service.

13. Changes to the App and to these Terms

We may modify or discontinue features, and we may update these Terms. We will update the "Last updated" date and, for material changes, take reasonable steps to notify you. Continued use after changes take effect means you accept them.

14. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate access for breach of these Terms or where required by law.

15. Governing law and jurisdiction

These Terms are governed by Portuguese law. Subject to any mandatory consumer-protection rules that grant you the right to bring proceedings in your place of residence, the courts of Porto, Portugal shall have jurisdiction over any dispute arising from these Terms or the App.