Terms of Service

Eluneo is provided by MOOCit SAS (“Eluneo,” “we,” “us,” or “our”). “Customer,” “you,” or “your” means the person or organization that creates or uses an Eluneo workspace. If you use Eluneo for an organization, you confirm that you are authorized to accept these Terms on its behalf.

By creating an account, starting a trial, purchasing a subscription, or otherwise using the Service, you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, and the Data Processing Addendum below.

1.1 License. During an active trial or subscription, we grant you a limited, non-exclusive, non-transferable right to access and use Eluneo for your internal business and training activities.

1.2 Accounts. You are responsible for accurate account information, the confidentiality of credentials, actions taken through your accounts, and promptly removing access that is no longer authorized.

1.3 Workspaces and portals. A workspace may contain one or more learner portals. You are responsible for your administrators, portal configuration, learner access rules, domains, integrations, and all activity performed under your workspace.

1.4 Preview features. Beta, preview, and free features are provided “as is,” may have additional limits, and may change or end at any time.

2.1 Plans and limits. Features and usage allowances are determined by the selected plan and the plan information shown at purchase or in an applicable order form.

2.2 Trials. Trial access ends on the date stated in the Service. Features may be restricted unless you select an available plan before or after the trial ends.

2.3 Renewal and cancellation. Paid subscriptions renew automatically for the selected billing period unless cancelled before renewal. Cancellation takes effect at the end of the current paid period unless applicable law requires otherwise.

2.4 Payment and taxes. You authorize Eluneo and its payment processor to charge subscription fees and applicable taxes. Failed or overdue payments may result in feature restriction or suspension.

2.5 Price changes. We may change pricing for a future renewal by providing reasonable advance notice.

2.6 Refunds. Fees are non-refundable except where required by law or expressly agreed in writing. Mandatory consumer rights, where applicable, remain unaffected.

3.1 Your content. You retain all rights to course packages, documents, media, portal assets, data, and other materials that you or your users submit to Eluneo (“Customer Content”).

3.2 Operational license. You grant us a worldwide, non-exclusive, royalty-free license to host, process, copy, transmit, display, and create technical derivatives of Customer Content only as needed to provide, secure, support, back up, and maintain the Service. This includes package extraction, format handling, thumbnails, certificate generation, reports, and exports requested through the Service.

3.3 Your responsibilities. You must have the rights and lawful basis needed to upload and use Customer Content and learner data. You remain responsible for the accuracy, legality, accessibility, and instructional suitability of your content.

3.4 Our property. Eluneo and its licensors retain all rights to the Service, software, documentation, designs, templates, and trademarks. No rights are granted except as stated in these Terms.

3.5 Feedback. We may use suggestions and feedback without restriction or compensation.

Eluneo supports standards and formats identified in the Service, including supported versions of SCORM, xAPI, and cmi5. Course-package behavior can vary by authoring tool and package implementation. You are responsible for testing packages, launch behavior, completion rules, and learner-facing configuration before production use.

Changing or removing a course version may affect a learner’s ability to resume or replay that exact version. Eluneo may retain historical activity and reporting data when package files are removed, where the Service offers that option.

Eluneo may connect to services such as Stripe, video-conference providers, identity providers, image libraries, and other tools enabled by you. Third-party services are governed by their own terms and privacy practices. We are not responsible for services outside our control.

If you sell courses through a learner portal, you are the seller of those courses and are responsible for product descriptions, pricing, taxes, invoices, refunds, consumer information, and compliance with applicable commerce laws. Stripe processes payment details; Eluneo does not store complete payment-card numbers.

Our Privacy Policy explains how we process personal data for our own account, subscription, website, security, and support purposes. When Eluneo processes learner or other personal data on your behalf, the Data Processing Addendum below applies.

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability. Maintenance, security events, provider outages, and circumstances outside our reasonable control may affect access.

We may improve, replace, or discontinue features. If a change materially reduces a paid Service, we will provide reasonable notice where practicable. Support channels and response targets are those described in the Service or an order form; no service-level agreement applies unless agreed in writing.

These Terms apply while you use the Service. You may stop using Eluneo or cancel a subscription at any time. We may restrict or suspend access for non-payment, a security risk, illegal activity, an Acceptable Use Policy violation, or a material breach of these Terms.

Either party may terminate for an uncured material breach after reasonable written notice. When access ends, you should export Customer Content and reports before the termination date. We delete or anonymize data according to the Data Processing Addendum, our retention practices, backup cycles, and legal obligations.

Each party confirms it has authority to enter these Terms. Except for express commitments in these Terms, the Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data.

Each party’s aggregate liability arising from the Service is limited to the fees paid or payable by you for Eluneo during the 12 months before the event giving rise to the claim. These exclusions and caps do not apply to payment obligations, fraud, wilful misconduct, breach of intellectual-property rights, indemnification obligations, or liability that cannot legally be limited.

You will defend and indemnify MOOCit SAS against third-party claims arising from Customer Content, your portal commerce, your unlawful processing of personal data, or your use of Eluneo in breach of these Terms or applicable law.

We will defend you against a third-party claim that the unmodified Service, as provided by us, infringes that party’s intellectual property rights. We may modify or replace affected functionality or terminate it with a pro-rata refund for the unused paid period. These obligations require prompt notice and control of the defense by the indemnifying party.

We may update these Terms. We will provide reasonable advance notice of material changes, except where an urgent legal, security, or abuse issue requires faster action. Continued use after the effective date means you accept the updated Terms.

These Terms are governed by French law, without regard to conflict-of- law rules. The parties will first attempt to resolve disputes in good faith. Where legally permitted, the competent courts of Paris, France have exclusive jurisdiction. Mandatory consumer protections and jurisdiction rules remain unaffected.

Neither party may assign these Terms without the other party’s consent, except to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets. If a provision is unenforceable, the remaining provisions stay effective. Failure to enforce a right is not a waiver. These Terms, the policies incorporated into them, and any order form are the entire agreement concerning the Service.