Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User", "you") and Overpowered Marketplace LTDA ("Elomania", "we", "us", or "our"), governing your access to and use of the Elomania platform (the "Platform").

By accessing, registering, or using the Platform in any manner, including but not limited to browsing, creating an account, purchasing or offering services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any policies referenced herein.

If you do not agree with any provision of this Agreement, you must immediately discontinue use of the Platform.

Elomania reserves the right to modify or update these Terms at any time. Continued use of the Platform after such changes constitutes acceptance of the revised Terms.

2. Nature of the Platform and Intermediary Role

Elomania operates strictly as a technology platform that connects Users for the purpose of offering and purchasing digital gaming-related services.

Elomania does not provide any services directly. All Services are provided exclusively by independent third-party Users ("Providers", "Boosters", "Coaches").

Elomania is not a party to any agreement between Users and does not assume responsibility for the performance, outcome, or legality of any Service.

Users acknowledge that Elomania's role is limited to providing technical infrastructure, communication tools, and transaction facilitation.

3. Definitions

"User" means any individual accessing or using the Platform.

"Customer" means a User purchasing Services.

"Provider" means a User offering Services.

"Services" means digital services related to gaming, including boosting, coaching, or assistance.

"Order" means a request submitted by a Customer.

"Deal" means a binding agreement formed between a Customer and a Provider.

"Dispute" means any disagreement between Users regarding a Deal.

4. Eligibility

You must be at least eighteen (18) years old and legally capable of entering into binding agreements.

By using the Platform, you represent and warrant that you meet these requirements.

5. Game Rules and Risk Disclosure

You explicitly acknowledge that certain Services available on the Platform may violate the terms, rules, or policies of third-party game developers or publishers.

Such violations may result in enforcement actions, including but not limited to temporary suspension, permanent bans, account resets, removal of in-game items, or other penalties.

Elomania does not control or influence such enforcement actions and shall not be held liable for any consequences arising from the use of Services.

All Services are used at your own risk.

Users acknowledge and agree that they are solely responsible for any decision to use the Services and fully assume all risks associated with such use, including any violations of third-party terms or policies.

Users further acknowledge that Elomania does not encourage, endorse, or promote any activity that violates the terms of service of third-party platforms, and that any such use is initiated solely at the User's own discretion and risk.

6. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Elomania shall not be liable for any loss resulting from unauthorized access.

7. Orders and Transaction Process

Orders placed on the Platform constitute a formal offer by the Customer to enter into a binding agreement with a Provider.

Once an Order is accepted by a Provider, a legally binding agreement is formed directly between the Customer and the Provider, independent of Elomania.

Elomania is not a party to such agreements and does not assume any responsibility for their execution, performance, or outcome.

8. Customer Obligations

Customers must provide accurate information, cooperate with Providers, and respond in a timely manner.

Failure to do so may result in delays or forced completion.

9. Service Execution and Completion

Providers are responsible for delivering Services as agreed.

If the Customer fails to respond within a reasonable time after completion, the Order may be automatically finalized.

10. Service Abandonment and Inactivity

If a Customer becomes inactive, fails to respond, or does not provide required information for more than seven (7) consecutive days, the Service may be considered abandoned.

In such cases, Elomania may finalize the Order as completed or partially completed without refund.

If a competitive season ends or external conditions prevent completion, Elomania may terminate or finalize the Order.

11. Refund, Cancellation and Chargeback Policy

All payments made on the Platform are final unless explicitly stated otherwise in this Agreement.

By placing an Order, the Customer acknowledges that digital Services may begin execution shortly after acceptance and may not be eligible for cancellation once started.

Refund eligibility is determined solely at Elomania's discretion and evaluated case-by-case.

A full refund may be granted only if no work has begun or if the Provider fails to deliver entirely.

A partial refund may be granted where a Service is partially completed, with the amount determined proportionally.

No refunds shall be granted if the Service has started and meaningful progress has been made, if the Customer fails to cooperate, if the Customer becomes inactive, or if dissatisfaction is based solely on subjective expectations.

If a Customer becomes unresponsive for more than seven (7) consecutive days, the Service may be considered abandoned and finalized without refund.

If external factors such as game updates, bans, or season endings prevent completion, refunds are not guaranteed.

Chargebacks initiated without prior resolution attempt through the Platform constitute a violation of this Agreement.

Elomania reserves the right to suspend or terminate accounts, permanently ban Users, and pursue recovery of disputed funds.

12. Non-Circumvention and Platform Communication

Users agree that all communications, negotiations, and interactions related to any Services offered on the Platform must be conducted exclusively through Elomania's official systems.

Users are strictly prohibited from requesting, sharing, or using external contact information, including but not limited to WhatsApp, Discord, Telegram, email, social media, or any other communication channel outside the Platform.

Users are also prohibited from attempting to conduct transactions or payments outside the Platform, avoid fees or commissions, redirect Customers or Providers to external negotiations, or use the Platform as an initial point of contact to later complete transactions outside of it.

This prohibition includes indirect attempts to share contact information, such as providing usernames, IDs, nicknames, links, encoded messages, or any other reference intended to enable external communication, even if partially concealed or disguised.

Any attempt to circumvent the Platform, whether direct or indirect, shall be considered a material breach of this Agreement.

Elomania reserves the right to monitor communications conducted within the Platform for the purpose of preventing fraud, abuse, or circumvention.

In the event of a violation of this clause, Elomania may, at its sole discretion and without prior notice, suspend or permanently terminate the User's account, retain or confiscate any funds associated with the account, cancel active Orders, restrict future access to the Platform, and pursue any available legal remedies.

Users acknowledge that the Platform is the sole authorized environment for transactions and that any activity conducted outside of it occurs entirely at their own risk, fully releasing Elomania from any liability.

13. Dispute Resolution

Elomania may, at its sole discretion, provide assistance in resolving disputes between Users.

However, Elomania does not act as a court or arbitrator and does not guarantee any specific outcome.

All decisions made by Elomania in relation to disputes are final, non-appealable, and made at its sole discretion.

Users acknowledge that Elomania shall not be held liable for any decision, outcome, or consequence arising from dispute resolution.

14. Relationship with Game Developers

Elomania is not affiliated with, endorsed by, or connected to any game developer or publisher.

All trademarks belong to their respective owners.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Elomania shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, accounts, or virtual assets, arising from or related to the use of the Platform or any Services.

This includes, without limitation, damages resulting from account suspensions, bans, loss of progress, service failures, delays, or actions taken by third-party game developers or publishers.

In all cases, Elomania's total aggregate liability shall not exceed the total amount paid by the User on the Platform within the six (6) months preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify and hold harmless Elomania from any claims arising from your use of the Platform, violations of this Agreement, or disputes with other Users.

17. Termination

Elomania may suspend or terminate accounts at any time without prior notice.

18. Force Majeure

Elomania shall not be liable for events beyond its control, including outages, game changes, or external disruptions.

19. Governing Law

This Agreement shall be governed by the laws of Brazil.

20. Intellectual Property and Third-Party Rights

All intellectual property rights related to the Platform, including software, design, text, graphics, and trademarks, are owned by Overpowered Marketplace LTDA or its licensors.

Users are granted a limited, non-exclusive license to use the Platform.

Users may not reproduce, distribute, or exploit Platform content without authorization.

Users retain ownership of their own content but grant Elomania a worldwide, non-exclusive, royalty-free license to use such content for Platform operation and promotion.

Users are solely responsible for ensuring that their activities and content do not infringe third-party rights.

Elomania is not affiliated with, associated with, sponsored by, endorsed by, or in any way officially connected with any game developer, publisher, or intellectual property holder, including but not limited to companies such as Riot Games, Blizzard Entertainment, Valve, Electronic Arts, or any other.

All game titles, trademarks, logos, and related intellectual property displayed or referenced on the Platform are the exclusive property of their respective owners.

Users acknowledge that the Services offered on the Platform may, by their nature, conflict with the terms, policies, or End-User License Agreements (EULAs) of such third parties.

Elomania does not verify, monitor, or guarantee compliance of any Service with third-party terms and expressly disclaims any responsibility for violations of third-party intellectual property rights, contractual obligations, or platform rules resulting from User actions.

Users are solely responsible for ensuring that their activities do not infringe upon any third-party rights, including intellectual property rights or contractual obligations.

To the fullest extent permitted by law, Users agree to indemnify, defend, and hold harmless Elomania from and against any and all claims, damages, losses, liabilities, costs, and expenses, including legal fees, arising from or related to any violation of third-party rights, including but not limited to claims brought by game developers, publishers, or rights holders.

21. Final Provisions

If any provision is deemed invalid, the remaining provisions remain in force.

This Agreement constitutes the entire agreement between Users and Elomania.

Failure by Elomania to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.

These Terms do not create any partnership, joint venture, employment, or agency relationship between Elomania and any User.

22. Contact

support@elomania.com