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TERMS AND CONDITIONS

Elionova AG
Last updated: [March 3, 2026]

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1. Scope and Acceptance

These Terms and Conditions (“Terms”) govern access to and use of:

By accessing or using the Website or Cloud Platform, you agree to be bound by these Terms.

If you do not agree, you must not use the services.

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2. Company Information

Elionova AG
Passage du Cardinal 13B
1700 Fribourg
Switzerland
UID: CHE-188.353.395

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3. Research Use Only (RUO)

Unless explicitly stated otherwise in writing:

All Elionova products, software, and cloud services are provided strictly for research use only (RUO).

They are not intended for:

  • Diagnostic use

  • Clinical decision-making

  • Therapeutic purposes

  • Medical treatment

Users acknowledge that any interpretation of research results is their sole responsibility.

Any use for diagnostic or clinical purposes is strictly prohibited unless explicitly authorized in writing by Elionova.

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4. Description of Services

Elionova provides:

  • Scientific reader devices

  • Cloud-based data hosting

  • Secure data access infrastructure

  • Research data visualization tools

Elionova does not determine the purpose of customer research and does not provide medical advice.

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5. User Accounts

To access the Cloud Platform, users may be required to create an account.

Users agree to:

  • Provide accurate information

  • Maintain confidentiality of login credentials

  • Notify Elionova immediately of unauthorized access

  • Use the platform only for lawful research purposes

  • Users are responsible for all activities conducted under their account credentials.

Elionova reserves the right to suspend or terminate accounts for violations of these Terms.

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6. Data Responsibility

For data uploaded to the Cloud Platform:

  • The Customer acts as Data Controller.

  • Elionova acts as Data Processor.

Users warrant that they:

  • Have the legal right to upload data

  • Comply with applicable data protection laws

  • Do not upload unlawful content

Elionova does not independently verify the legality of uploaded data.

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7. Intellectual Property

All intellectual property rights in:

  • Software

  • Technology

  • Documentation

  • Website content

  • Logos and trademarks

remain the exclusive property of Elionova AG or its licensors.

No license is granted except for limited use necessary to access services.

Reverse engineering, copying, modification, or redistribution is prohibited without written consent.

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8. Acceptable Use

Users shall not:

  • Attempt to gain unauthorized access

  • Interfere with system integrity

  • Introduce malware

  • Use the platform for unlawful purposes

  • Upload content violating third-party rights

Elionova reserves the right to suspend access for security reasons.

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9. Service Availability

Elionova aims to maintain service availability but does not guarantee uninterrupted operation.

Services may be temporarily unavailable due to:

  • Maintenance

  • Updates

  • Security events

  • Force majeure

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10. Disclaimer of Warranties

To the maximum extent permitted by law:

Services are provided “as is” and “as available.”

Elionova makes no warranties, express or implied, regarding:

  • Accuracy of research outcomes

  • Fitness for a particular scientific purpose

  • Continuous availability

  • Absence of errors

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11. Limitation of Liability

To the extent permitted by law:

Elionova shall not be liable for:

  • Indirect or consequential damages

  • Loss of profits

  • Loss of research funding

  • Loss of goodwill

  • Interpretation of research results

  • Data loss caused by user error

​To the maximum extent permitted by law, Elionova’s total aggregate liability arising out of or in connection with the services shall not exceed the total fees paid by the Customer for the relevant service during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability where exclusion is prohibited by law.

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12. Indemnification

Users agree to indemnify and hold harmless Elionova from claims arising from:

  • Unlawful data uploads

  • Violation of third-party rights

  • Misuse of the platform

  • Breach of these Terms

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13. Data Protection

Processing of personal data is governed by:

  • The Privacy Policy

  • The Data Processing Agreement (DPA), where applicable

These documents are incorporated by reference into these Terms.

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14. Third-Party Services

Elionova uses third-party infrastructure providers, including AWS.

Elionova is not responsible for third-party service interruptions beyond its reasonable control.

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15. Modifications

Elionova reserves the right to update these Terms at any time.

The updated version shall become effective upon publication.

Continued use of services constitutes acceptance of the updated Terms.

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16. Termination

Elionova may suspend or terminate access:

  • For breach of these Terms

  • For security reasons

  • For legal compliance

Upon termination, access rights cease immediately.

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17. Force Majeure

Elionova shall not be liable for delays or failures resulting from events beyond reasonable control, including:

  • Natural disasters

  • Cyberattacks

  • Government actions

  • Infrastructure outages

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18. Governing Law

These Terms shall be governed by the laws of Switzerland.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

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19. Jurisdiction

Exclusive jurisdiction shall be the competent courts of Fribourg, Switzerland.

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20. Severability

If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.

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21. Entire Agreement

These Terms, together with the Privacy Policy and Data Processing Agreement where applicable, constitute the entire agreement between the parties regarding access to and use of the services and supersede any prior agreements or understandings.

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22. No Waiver

Failure by Elionova to enforce any provision of these Terms shall not constitute a waiver of such provision or of the right to enforce it later.

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