Terms of Service / Conditions d'utilisation

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Solutions Monamotion inc., doing business as Privacy ELO ("Company," "we," "us," or "our").

By accessing, browsing, or using our website, software, scanning tools, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

You agree not to, and not to permit any third party to:

• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the Services.
• Scraping & Automation: Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Resale: License, sub-license, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way.
• Competitive Analysis: Use the Services to build a competitive product or service, or copy any features, functions, or graphics of the Services.
• Unauthorized Scanning: Use the scanning tools on websites you do not own or do not have explicit authorization to test.
• Circumvention: Attempt to bypass, disable, or circumvent any security, access control, or rate-limiting features of the Services.
• Fraudulent Use: Use the Services for any fraudulent, deceptive, or unlawful purpose, including misrepresenting compliance status to third parties.

You agree to defend, indemnify, and hold harmless Solutions Monamotion inc., its officers, directors, employees, agents, successors, and assigns, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including intellectual property or privacy rights; (iv) any claim that your use of the Services caused damage to a third party; or (v) your misrepresentation of compliance status based on our reports.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or epidemics;
• War, terrorism, civil unrest, or government actions;
• Cyber attacks, DDoS attacks, or systemic internet failures;
• Third-party service provider outages (e.g., cloud hosting, CDN);
• Power outages or telecommunications failures;
• Changes in applicable laws or regulations that prevent performance.

The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the effects of the force majeure event.

9.1 Governing Law

These Terms shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles.

9.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration administered by the Canadian Arbitration Association (CAA) in accordance with its Arbitration Rules. The arbitration shall take place in Montreal, Quebec, Canada, and shall be conducted in English or French as mutually agreed.

9.3 Exclusive Venue for Non-Arbitrable Matters

For any matters not subject to arbitration (e.g., injunctive relief, intellectual property disputes), the parties consent to exclusive jurisdiction in the federal or provincial courts located in Montreal, Quebec, Canada.

9.4 Class Action Waiver

YOU AND PRIVACY ELO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of multiple persons or preside over any form of representative or class proceeding.

9.5 30-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions by sending written notice to legal@elo.fyi within 30 days of first using the Services. Your notice must include your name, address, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the courts of Quebec as specified in Section 9.3.

We reserve the right to modify these Terms at any time. When we make changes:

• Notice: We will post the revised Terms on our website and update the "Last Updated" date. For material changes, we will provide at least 30 days' advance notice via email or a prominent website banner.
• Acceptance: Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.
• Objection: If you do not agree to the revised Terms, you must stop using the Services before the changes take effect. You may terminate your account at any time.

We encourage you to review these Terms periodically. Material changes will never apply retroactively to disputes arising before the effective date.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction.

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Privacy ELO regarding the Services and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision shall not constitute a waiver of our right to enforce it in the future.

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

If you have questions about these Terms, please contact us at: