ELQANO
TERMS OF SERVICE
Last updated: 26/11/2025
1. ACCEPTANCE OF TERMS
These terms of use (the “Terms”) constitute a legally binding agreement between you, an individual or legal entity acting on behalf of an entity (“you”), and Elqano SAS (“Elqano”, “we”, “our”), regarding access to and use of the website, agents, applications and other related media, channels or services (collectively, the “Site”).
Elqano is a simplified joint-stock company registered in France, RCS Bayonne, registered office: 2 avenue de la butte aux cailles, 64600, Anglet, France.
By accessing the Site, you acknowledge that you have read, understood and accepted all of these Terms. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE SITE AND YOU MUST IMMEDIATELY CEASE ALL USE.
We reserve the right to modify these Terms at any time and for any reason. The “Last updated” date will be adjusted accordingly. Your continued use of the Site after publication of the revised Terms constitutes acceptance of the modifications.
The information on the Site is not intended for use in jurisdictions where such use would be illegal or would subject us to registration requirements. Persons accessing the Site from another territory do so on their own initiative and are solely responsible for compliance with any applicable local laws.
The Site is not designed to comply with specific sector regulations (e.g. HIPAA, FISMA). You must not use the Site in a way that would violate GLBA or any applicable law.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and all its content (code, databases, features, software, designs, texts, images, videos, audio, graphics), as well as trademarks, logos and distinctive signs (collectively, the “Content” and “Marks”), are the property of Elqano or its licensors and are protected by applicable laws.
A limited, non-exclusive, non-transferable and revocable license is granted to you to access the Site and download/print the Content to which you have legitimate access for strictly personal and non-commercial use.
Any reproduction, representation, adaptation, translation, distribution, extraction or exploitation of the Content or Marks beyond the above license is prohibited without prior written authorization.
Data and content provided by customers remain the exclusive property of the customer. Elqano does not acquire any ownership rights to such content.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
You have legal capacity and accept these Terms;
You do not access the Site through unauthorized automated or non-human means (bot, script, etc.);
You do not use the Site for illegal or unauthorized purposes;
Your use of the Site complies with all applicable laws and regulations.
In the event of information provided that is false, inaccurate, outdated or incomplete, we may suspend or terminate your account and refuse any present or future use of the Site.
4. FEES AND PAYMENT
Certain services on the Site may require the purchase of a subscription or payment of fees.
Billing: in principle in advance, in accordance with the applicable purchase order or offer.
Payment terms: net 30 days (unless otherwise specified in the applicable offer); currency and taxes according to jurisdiction and agreed commercial terms.
Payment obligations are non-cancellable and fees paid are non-refundable (unless otherwise specifically provided).
Late payment interest: the legally applicable rate in the relevant jurisdiction; a flat-rate collection fee may apply if provided by law.
We reserve the right to correct any pricing errors and to refuse any order.
Accepted payment methods: bank transfer, card or secure electronic payment (according to the terms specified in the purchase order).
5. TERMINATION BY CUSTOMER
You may terminate your subscription at any time by contacting us using the contact details in the “Contact” section. Termination will take effect at the end of the current paid period. Unless otherwise specified, fees paid remain non-refundable.
For any dissatisfaction, you can write to us at the email contact address or call us at the number indicated in the “Contact” section.
6. PROHIBITED ACTIVITIES
It is prohibited to use the Site to:
Constitute an unauthorized database or directory by systematic collection of content;
Attempt to circumvent, disable or alter security devices;
Exploit vulnerabilities, inject malware, or disrupt the operation of the Site;
Impersonate a user, access systems or source codes without authorization;
Copy or adapt the Site’s software, decompile, reverse engineer or disassemble, except as legally authorized;
Use any automated system (robot, spider, scraper) to access the Site without authorization;
Infringe the intellectual property rights or personality rights of third parties;
Contravene any applicable law or regulation.
7. USER-GENERATED CONTENT
The Site may allow the transmission of content (questions, documents, prompts, feedback, etc.). You warrant that you have the necessary rights to such content and that it does not violate the law or the rights of third parties (personal data, copyrights, trademarks, trade secrets, etc.). You remain solely responsible for the content you submit.
8. LICENSE ON CONTRIBUTIONS
By submitting ideas, suggestions, requests for improvement or other feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use, host, reproduce, adapt and exploit such contributions for all legitimate purposes, without financial compensation.
You retain ownership of the content you submit; however, you release us from any liability related to statements or representations contained in such content.
9. SUBMISSIONS
Any question, suggestion or information you transmit to us is deemed non-confidential and becomes our property, with unlimited right of use, without acknowledgment or compensation.
10. UNITED STATES GOVERNMENT RIGHTS
Our services are “commercial items” within the meaning of applicable federal regulations (FAR/DFARS). This clause governs, where applicable, acquisition by US agencies, without prejudice to French laws for customers based in France/EU.
11. SITE MANAGEMENT
We reserve the right, without being obliged to:
Monitor the Site to verify compliance with the Terms;
Take any appropriate action against any violation (including notification to authorities);
Restrict, block or remove any non-compliant content;
Remove excessively large or heavy files;
Manage the Site to protect our rights and ensure its proper operation.
12. TERM AND TERMINATION BY ELQANO
These Terms apply as long as you use the Site. We may, at our sole discretion and without notice, suspend, limit or terminate your access to the Site for any reason (violation of Terms, security, law). In the event of termination, any attempt to re-register under your name, a pseudonym or the name of a third party is prohibited. We reserve the right to take any appropriate civil or criminal action.
13. MODIFICATIONS AND INTERRUPTIONS
We may modify, suspend or interrupt the Site at any time, without obligation to update published information. Interruptions, delays or errors may occur related to maintenance work, hardware or software problems. We cannot be held responsible for any unavailability or its consequences. Nothing in these Terms requires us to maintain, support or provide corrections, updates or new versions.
14. APPLICABLE LAW
These Terms are governed by French law. Any dispute will be brought before the competent courts located in France, with exclusive jurisdiction (by default: Bayonne; the jurisdiction of another court may apply if contractually provided between the parties).
15. DISPUTE RESOLUTION
Informal negotiation: the parties will attempt to resolve any dispute informally for a period of 30 days from written notification.
Arbitration: if the dispute is not resolved, it will be finally settled by arbitration according to recognized institutional rules. The language, seat and applicable law will be determined in accordance with these Terms and the specific contractual provisions applicable.
Exceptions: intellectual property rights, privacy violations, unauthorized use, injunction requests may be brought directly before the competent court.
If any part of this clause is deemed unenforceable, the dispute will be settled by the competent court designated in section 14.
16. CORRECTIONS
Errors, inaccuracies or omissions may appear on the Site (descriptions, prices, availability). We reserve the right to correct such information at any time, without notice.
17. DISCLAIMER
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR EXHAUSTIVENESS OF THE CONTENT OR LINKED THIRD-PARTY SITES.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL ELQANO, ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE, DATA) ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. The caps and exclusions provided in your specific contracts (if applicable) remain in force.
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless (as well as our subsidiaries, affiliates, officers, agents, partners and employees) against any claim, loss, damage, liability, cost and expense (including reasonable attorneys’ fees) resulting from: (1) your use of the Site; (2) your violation of these Terms; (3) any misrepresentation; (4) your infringement of the rights of a third party; (5) any harmful act towards another user.
We may, at our expense, assume the defense and exclusive control of any proceeding for which you must indemnify us; you will fully cooperate with our defense.
20. USER DATA
We may retain certain data transmitted to the Site for its performance, security and service improvement (access logs, usage, feedback, KPIs). You are solely responsible for the data you transmit; we disclaim any liability in case of data loss or corruption. At the end of the contract, data is deleted or returned according to agreed timelines and terms; upon request, copies may be made available within a reasonable time.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending emails and completing forms constitute electronic communications. You consent to receive electronic communications and agree that all contracts, information and notifications provided electronically satisfy legal requirements for written form. YOU ACCEPT THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND NOTIFICATIONS.
22. GENERAL PROVISIONS
These Terms and all policies published on the Site constitute the entire agreement between you and Elqano regarding the use of the Site. Failure to exercise a right does not constitute a waiver. We may assign our rights and obligations at any time. We are not responsible for delays or non-performance caused by events beyond our reasonable control. If a provision is deemed invalid or unenforceable, the others remain fully valid. No partnership, employment or agency relationship is created by your use of the Site.
In the event of a conflict between these Terms and a specific contract signed with Elqano, the specific terms of that contract prevail.
23. CONTACT
Email: hello@elqano.com
Address: Elqano SAS, 2 avenue de la butte aux cailles, 64600, Anglet, France