top of page

TERMS AND CONDITIONS

Elionova AG
Last updated: March 3, 2026

 

1. Scope and Acceptance

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

By accessing or using the Website, Cloud Platform, or purchasing Elionova products, the Customer agrees to be bound by these Terms.

If the Customer does not agree to these Terms, the Customer must not use the services or purchase the products.

Any deviating or additional terms and conditions of the Customer shall only apply if expressly acknowledged in writing by Elionova AG.

 

2. Company Information

Elionova AG
Passage du Cardinal 13B
1700 Fribourg
Switzerland

UID: CHE-188.353.395

 

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 use

  • medical treatment

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

 

4. Description of Services

Elionova provides:

  • scientific reader devices

  • research consumables

  • cloud-based data storage

  • data visualization tools

  • software platforms

  • technical support services

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

 

5. Offers and Conclusion of Contract

All offers from Elionova AG are non-binding and without obligation.

A contract is concluded only upon:

  • written order confirmation, or

  • delivery of the goods.

Amendments and additions require written consent of both parties.

 

6. Prices and Payment Terms

All prices are exclusive of applicable value-added tax (VAT) and other applicable taxes.

Payment shall be made according to the agreed payment terms (for example prepayment, invoice, or credit card).

Unless otherwise agreed:

Payment is due within 30 days of invoicing without deduction.

In the event of late payment, Elionova reserves the right to charge a reminder fee of CHF 10 per reminder.

Discounts or rebates are valid only if expressly agreed in writing.

 

7. Delivery and Shipping

Delivery shall be made according to the agreed delivery terms.

Delivery dates are binding only if confirmed in writing.

Shipping shall be at the Customer’s expense and risk, unless otherwise agreed.

Partial deliveries may occur where operationally necessary.

Elionova shall not be liable for delays caused by:

  • force majeure

  • supply chain disruptions

  • governmental restrictions

  • other unforeseeable events beyond reasonable control.

 

8. Retention of Title

All delivered goods remain the property of Elionova AG until full payment has been received.

Until ownership transfers, the Customer must handle the goods with due care.

 

9. Products with Expiration Date

Certain products provided by Elionova include an expiration date indicated on the packaging.

Products are valid only until the specified expiration date.

Products must not be used after the expiration date.

Results obtained from expired products may be unreliable, inaccurate, or invalid.

Elionova shall not provide refunds, replacements, or exchanges for expired products.

It is the Customer’s responsibility to ensure that products are used before expiration.

 

10. Rental or Loaned Equipment

Where equipment is rented, leased, or provided on loan:

The Customer shall:

  • maintain the equipment in proper operating condition

  • use the equipment only for its intended purpose

  • follow operating instructions provided by Elionova

Upon return, the equipment must be in the same condition as received, subject to normal wear and tear.

Damage caused by misuse, negligence, or improper handling shall be borne by the Customer.

 

11. Software and Cloud Platform

Software licenses provided by Elionova are:

  • non-transferable

  • limited to the licensed user

  • subject to these Terms

The purchase or leasing price of a device may include software and cloud access for an initial term of two (2) years.

Beginning in the third year, annual software and cloud service fees may apply.

 

12. User Accounts

Access to the Cloud Platform may require creation of a user account.

Users agree to:

  • provide accurate information

  • maintain confidentiality of credentials

  • notify Elionova of unauthorized access

  • use the platform only for lawful research purposes

Elionova may suspend or terminate accounts for security reasons or violation of these Terms.

 

13. Data Responsibility

For data uploaded to the Cloud Platform:

The Customer acts as Data Controller.

Elionova acts as Data Processor.

Customers are responsible for ensuring that data uploaded to the platform complies with applicable laws.

Elionova does not independently verify the legality of uploaded data.

 

14. Intellectual Property

All intellectual property rights relating to:

  • software

  • hardware designs

  • technology

  • algorithms

  • documentation

  • trademarks

  • logos

  • website content

remain the exclusive property of Elionova AG or its licensors.

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

 

15. Acceptable Use

Users shall not:

  • attempt unauthorized system access

  • interfere with system integrity

  • introduce malicious software

  • misuse the platform for unlawful activities

  • violate intellectual property rights.

Elionova may suspend access for security reasons.

 

16. Service Availability

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

Service interruptions may occur due to:

  • maintenance

  • system updates

  • cybersecurity events

  • infrastructure outages

  • force majeure events.

 

17. Disclaimer of Warranties

To the maximum extent permitted by law:

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

Elionova does not warrant:

  • uninterrupted service

  • absence of software errors

  • suitability for a specific research purpose

  • specific scientific outcomes.

 

18. Limitation of Liability

To the extent permitted by law, Elionova shall not be liable for:

  • indirect damages

  • loss of profits

  • loss of research funding

  • loss of data caused by user error

  • interpretation of research results.

Total liability shall be limited to the amount paid by the Customer for the relevant product or service during the preceding 12 months, where applicable.

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

 

19. Third-Party Services

Elionova uses third-party service providers including Amazon Web Services (AWS).

Elionova is not responsible for outages or failures caused by third-party infrastructure beyond its reasonable control.

 

20. Data Protection

Personal data processing is governed by:

  • the Privacy Policy

  • the Data Processing Agreement (DPA) where applicable.

 

21. Force Majeure

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

  • natural disasters

  • cyberattacks

  • governmental actions

  • infrastructure outages.

 

22. Modifications

Elionova may update these Terms from time to time.

Updated versions become effective upon publication.

Continued use of services constitutes acceptance of the revised Terms.

 

23. 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.

 

24. Jurisdiction

Exclusive jurisdiction shall be the competent courts of Fribourg, Switzerland, unless mandatory law provides otherwise.

 

25. Severability

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

bottom of page