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Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your use of the ELIAN platform and services ("Services") provided by LeoPulse B.V., a company registered in the Netherlands (KvK: 97814997).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Services Description
ELIAN provides a connected operations data platform, including:
- Device and user management with role-based access
- Real-time monitoring, alerts, and event correlation
- Historical data archives and analytics
- Integration support for external events and notifications
3. Account and Access
To use certain features of our Services, you may need to create an account or enter into a service agreement. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
4. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others, including privacy rights
- Deploy surveillance systems without proper legal basis and consent
- Process biometric data without appropriate safeguards
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to our systems
5. Privacy and Data Processing
Your use of our Services is also governed by our Privacy Policy. If you process personal data using our platform, you are responsible for compliance with applicable data protection laws, including GDPR.
For enterprise customers, we offer a Data Processing Agreement that governs our role as a data processor.
6. Intellectual Property
All intellectual property rights in our Services, including software, documentation, and trademarks, remain with LeoPulse B.V. You retain ownership of your data and any models you develop using our platform.
7. Service Level Agreement
For customers with a paid subscription or service contract, specific service level commitments are defined in the applicable Service Level Agreement (SLA). These may include uptime guarantees, response times, and support levels.
8. Limitation of Liability
To the maximum extent permitted by law, LeoPulse B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless LeoPulse B.V. from any claims, damages, or expenses arising from your use of our Services, your violation of these Terms, or your violation of any rights of third parties.
10. Modifications to Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.
11. Termination
Either party may terminate the use of Services in accordance with the applicable service agreement. Upon termination, your right to access the Services will cease, and we will handle your data in accordance with our Privacy Policy and any applicable DPA.
12. Governing Law and Disputes
These Terms are governed by the laws of the Netherlands. Any disputes arising from these Terms or your use of our Services shall be resolved by the competent courts in the Netherlands.
13. Contact
For questions about these Terms, please contact us at [email protected].