End User License Agreement (EULA)

Effective Date: 20 October 2025
Entity: Aphelior S.A.S (trading as “Ontbo”)
Address: 87 Rue Nationale, 59800 Lille, France
Contact: contact@ontbo.com
Products: the Ontbo API and the Ontbo Platform Subscription (together, the “Service”).

1. Acceptance; Eligibility

By creating an account, accessing, or using the Service, you agree to this EULA. Individuals and companies may use the Service. The Service is not intended for children under 16. If you do not agree, do not use the Service.

2. Accounts; Sharing; Security

2.1 Accounts & Sharing. Account sharing is permitted. You are responsible for ensuring all users with access to your account handle personal information lawfully and comply with this EULA and applicable laws.

2.2 Security. You must keep credentials secure, maintain appropriate access controls, and notify Ontbo immediately of any unauthorized access or security incident.

2.3 Verification. Ontbo may verify account ownership via email and may require additional verification where reasonable.

3. License Grant; Scope; Restrictions

3.1 Grant. Subject to this EULA and timely payment of fees, Ontbo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service (including production, staging, and development environments) for your internal business or personal use.

3.2 Restrictions. You will not:
(a) reverse engineer, decompile, or attempt to extract source code (except to the extent permitted by law);
(b) scrape, spider, or harvest the Service or its outputs at scale;
(c) circumvent or attempt to circumvent usage limits, authentication, or security controls;
(d) use outputs or access to train or improve a competing model or service that directly conflicts with Aphelior S.A.S;
(e) resell, sublicense, or provide the Service to third parties without Ontbo’s prior written consent (request at contact@ontbo.com);
(f) remove or alter proprietary notices;
(g) use the Service in violation of the Acceptable Use Policy (Section 11).

3.3 Benchmarking. You may perform benchmarking, provided you do not misrepresent results or disclose proprietary information.

4. Plans; Usage Limits; Free Trial

4.1 Plans & Limits. The Service is offered under subscription plans that specify monthly API call limits and rate limits. Ontbo may adjust plan limits from time to time; current limits are published in your dashboard or plan description.

4.2 Free Trial. A 2-week free trial is available. After the trial, the account automatically transitions to a free tier with applicable limits unless you upgrade.

4.3 Suspension. Ontbo may suspend or limit the Service if: (a) fees are unpaid; (b) you breach this EULA or the AUP; (c) there is a security risk, suspected fraud, or abuse; (d) we are required to by law or a third-party request that we reasonably consider lawful.

5. Connectors & Third-Party Services

5.1 Optional Connectors. You may enable third-party connectors/integrations. When enabled, you authorize data flows between Ontbo and the third party as configured by you. The list of available connectors appears in your account and may change over time. You can disconnect at any time.

5.2 Third-Party Terms. Third-party services are governed by their own terms and privacy policies. Ontbo is not responsible for third-party services and does not control their processing.

6. Fees; Billing; Taxes; Refunds

6.1 Billing & Payments. Fees are billed on a monthly cadence (subject to change as published). Payments are processed by Stripe.

6.2 Auto-Renewal; Cancellation. Subscriptions automatically renew for successive monthly periods unless cancelled. If you cancel, any amounts already paid remain owed/paid and your paid plan continues until the end of the current billing month, after which the account moves to the free tier (or closes if you request closure).

6.3 Refunds. No refunds once a billing period starts.

6.4 Late Payment. Standard remedies apply, including suspension for non-payment and, where permitted by law, reasonable late charges and collection costs.

6.5 Taxes. Prices are TTC (all taxes included) unless stated otherwise. You are responsible for any additional taxes, duties, or withholdings that apply to your purchase if not included.

7. Content, Data, and Outputs

7.1 Your Content. You retain ownership of the data, text, files, and other content you or your apps submit to or through the Service (“Content”). You grant Ontbo a worldwide, royalty-free license to host, process, transmit, display, and otherwise use Content solely to provide and maintain the Service, to ensure security, to comply with law, and as otherwise permitted in this EULA and the Privacy Policy.

7.2 Safety & Takedown. You authorize Ontbo to run automated security/safety checks (e.g., malware, abuse). Ontbo may remove or disable access to Content and/or suspend the Service where Ontbo reasonably believes Content is illegal, infringing, or violates the AUP.

7.3 Outputs. Subject to third-party rights and your compliance with this EULA, you own the outputs you receive from the Service. Ontbo retains all rights in the Service, models, and underlying IP.

7.4 R&D and Improvements. As described in the Privacy Policy, Ontbo may use anonymized or aggregated data for internal research and product improvement. If data cannot be irreversibly anonymized, Ontbo relies on legitimate interests with an opt-out (see Privacy Policy).

8. Service Changes; Deprecation; Support

8.1 Changes. Ontbo may add, remove, or modify features. For material adverse changes, Ontbo will provide notice by email and/or in-product.

8.2 API Deprecation. Ontbo provides at least 90 days’ notice for breaking API changes, unless required sooner for security, legal, or system integrity reasons.

8.3 Support. Ontbo provides commercially reasonable efforts support via contact@ontbo.com.

9. Intellectual Property; Feedback; Publicity

9.1 IP Ownership. Ontbo and its licensors own all rights in the Service, software, documentation, and underlying models/architectures. No rights are granted except as expressly stated.

9.2 Feedback. You grant Ontbo a perpetual, irrevocable, royalty-free license to use feedback, suggestions, or ideas for any purpose.

9.3 Publicity. For business customers, Ontbo may identify you by name as a customer based on your corporate email domain or public information, unless you opt out by notice. Logos will not be used without prior consent. You can revoke publicity permission at any time by notice.

10. Confidentiality & Data Protection

10.1 Confidentiality. Each party will protect the other’s non-public information with at least reasonable care and use it only as necessary to perform this EULA.

10.2 Privacy. Processing of personal data is described in the Privacy Policy and any DPA (where Ontbo acts as processor for customers’ end-user data). If there is a conflict between a signed DPA and this EULA, the DPA prevails for personal data processing.

11. Acceptable Use Policy (AUP)

You will not use the Service to:
(a) violate law;
(b) infringe IP rights or privacy;
(c) distribute malware, spam, or perform unauthorized scanning or penetration testing;
(d) harass, threaten, or dox others;
(e) process child sexual abuse material or exploit minors;
(f) attempt to bypass technical limits or quotas; or
(g) create or disseminate content intended to cause real-world harm.

Ontbo may update the AUP from time to time.

12. Warranties; Disclaimers

12.1 Warranties. You warrant you have all rights necessary to submit Content and that your use complies with law.

12.2 Disclaimer. THE SERVICE (INCLUDING FREE TIER AND BETA/EXPERIMENTAL FEATURES) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ontbo does not warrant uninterrupted or error-free operation or that outputs will meet your needs.

13. Indemnities

13.1 By Ontbo (IP). Ontbo will defend and indemnify you against third-party claims alleging that the Service, as provided by Ontbo and used in accordance with this EULA, infringes a third party’s IP right, and will pay final damages and reasonable costs awarded, provided you promptly notify Ontbo, allow Ontbo sole control of the defense, and cooperate. Ontbo may, at its option, (i) procure rights, (ii) modify the Service, or (iii) terminate the affected functionality with a pro-rata refund of prepaid fees for the terminated portion.

13.2 By You (Content/Use). You will defend and indemnify Ontbo against claims arising from (a) your Content; (b) your violation of law or the AUP; or (c) your use of the Service in breach of this EULA.

14. Limitation of Liability

14.1 Exclusion of Indirect Damages. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

14.2 Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S TOTAL LIABILITY UNDER THIS EULA IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO ONTBO IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

14.3 Carve-Outs (Excluded Claims). The cap does not apply to:
(a) a party’s willful misconduct or fraud;
(b) your payment obligations;
(c) your violation of Section 3.2(d) (using outputs to train competing services) or unauthorized sublicensing/resale;
(d) breach of confidentiality;
(e) Ontbo’s IP indemnity obligations in Section 13.1; and
(f) data breach caused by a party’s gross negligence.

15. Term; Termination; Effect

15.1 Term. This EULA starts when you first access the Service and continues month-to-month (or as per your plan).

15.2 Termination for Convenience. Either party may terminate for convenience effective at the end of the then-current billing month by giving notice (cancellation via the dashboard or email suffices). Amounts already paid are non-refundable.

15.3 Termination for Cause. Either party may terminate immediately for material breach that is not cured within 30 days after notice, or immediately for illegal activity, security risk, or violations such as reverse engineering, circumvention, or abuse.

15.4 Effect of Termination. Upon termination or expiry, your access ceases. Ontbo will delete or anonymize personal data associated with your account in accordance with the Privacy Policy (currently, within 1 month), subject to legal retention. Sections intended to survive (including 3, 7.3, 9–15, 17) remain in effect.

16. Export, Sanctions, and Compliance

You will comply with applicable export control and sanctions laws and will not use the Service in or for the benefit of embargoed or sanctioned countries, entities, or persons.

17. Governing Law; Venue; Force Majeure

This EULA is governed by French law. The courts of Paris, France have exclusive jurisdiction, without prejudice to mandatory consumer protections where applicable. Neither party is liable for failure or delay due to events beyond reasonable control (force majeure).

18. Notices

Notices may be given by email:

To Ontbo: contact@ontbo.com
To you: the email associated with your account

Notices are deemed given when sent, unless a bounce or error is received.

19. Order of Precedence

If there is a conflict: Order Form/Plan Terms (including any Enterprise Addendum) prevail, then the DPA (for personal data processing), then this EULA, then the Privacy Policy.

20. Assignment

You may not assign this EULA without Ontbo’s consent, except to an affiliate or successor in merger, acquisition, or sale of substantially all assets, provided you give notice and the assignee agrees to be bound. Ontbo may assign freely in connection with corporate transactions.

21. Miscellaneous

Severability; waiver; entire agreement; no third-party beneficiaries; headings for convenience only; English language controls. Updates to this EULA will be notified by email (and/or in-product for material changes). Continued use after the effective date constitutes acceptance of updates.

Attachments / References:

Privacy Policy (effective 20 October 2025)
Acceptable Use Policy (Section 11 — embedded)
Data Processing Addendum (available upon request)

Terms of Use