EPM Scan Pro Terms of Use and Sale
Contractual framework applicable to access, use, reports and EPM Scan Pro plans.
Contents
- 1. Purpose and scope
- 2. Description of the service
- 3. Formation of the contract and acceptance
- 4. Account, access and security
- 5. Duration, quotas and expiry
- 6. Prices, payment and invoicing
- 7. Licence to use and restrictions
- 8. Quality of information provided by the user
- 9. Nature of recommendations and absence of a selection guarantee
- 10. Automated components and artificial intelligence
- 11. Pilotia Expert support
- 12. Availability, maintenance and changes
- 13. Support
- 14. Intellectual property
- 15. Confidentiality
- 16. Personal data
- 17. Suspension and termination
- 18. Liability
- 19. Force majeure and third-party dependencies
- 20. Evidence
- 21. Changes to the Terms
- 22. Governing law and dispute resolution
- 23. Severability and entire agreement
1. Purpose and scope
These contractual terms of use and sale (the “Terms”) govern access to and use of the EPM Scan Pro online service, the reports produced and, depending on the selected plan, the associated discussions or support services.
They apply to any order placed with Pilotia by a person acting for the purposes of their professional activity. The person confirming the order declares that they have the necessary authority to bind the purchasing organisation. Any mandatory provisions applicable to a purchaser acting in another capacity remain unaffected.
2. Description of the service
EPM Scan Pro is a decision-support tool designed to structure an EPM requirement, analyse self-reported responses, calculate scores, identify risks and produce an indicative shortlist of software solutions.
Depending on the plan, the service may include time-limited access, a scenario quota, an automated report, a history, PDF export, a discussion with a Pilotia Expert or a strategic session. The precise content of the plan, its duration and its quota are those displayed at the time of the order.
3. Formation of the contract and acceptance
Before payment, the purchaser must read these Terms, accessible through a link allowing them to be consulted, saved and reproduced, and then tick the dedicated acceptance checkbox.
Acceptance is timestamped and associated with the version of the Terms, the plan, a proof identifier and, where available, the user account and Stripe session. The order becomes final once payment has been confirmed by the payment service provider.
4. Account, access and security
The user must provide accurate information, keep their credentials confidential and promptly inform Pilotia of any unauthorised use. Any action performed from an account is presumed to have been performed by its holder, unless proven otherwise.
Access is personal to the purchasing organisation. Large-scale account sharing, resale of access, making access available to third parties, use on behalf of external clients or as part of a multi-client consulting activity requires a separate partner licence.
5. Duration, quotas and expiry
The access period and number of included scenarios are specified in the subscribed offer. A scenario is consumed when an analysis is finalised. Consultations, changes before submission and rereading an existing report do not consume an additional scenario, unless a change to the service is clearly announced.
When the access period expires or the quota is exhausted, access may be suspended until renewal. Reports may be retained for a reasonable period for support, evidence and history purposes, without any obligation to maintain free access after expiry.
6. Prices, payment and invoicing
Prices are stated exclusive of taxes unless otherwise indicated. Applicable taxes are added in accordance with regulations and the billing information provided. Payment is processed by Stripe or any other provider indicated at the time of the order.
In the event of payment failure, dispute or cancellation, Pilotia may suspend access. Invoices and supporting documents are sent or made available in accordance with the payment process.
7. Licence to use and restrictions
Subject to payment in full, Pilotia grants a non-exclusive, non-transferable and temporary licence to use EPM Scan Pro for the internal needs of the purchasing organisation.
The following are prohibited in particular: substantial reproduction or distribution of the service, reconstruction of scoring rules, automated extraction, scraping, circumvention of quotas, reverse engineering, creation of a competing service using the results or logic of the tool, and use of the reports to present Pilotia’s proprietary analyses as one’s own.
8. Quality of information provided by the user
The results depend directly on the responses, weightings, assumptions and information entered. The user remains responsible for their accuracy, completeness, currency and consistency.
The user undertakes not to transmit unlawful data, secrets belonging to third parties without authorisation, or unnecessary sensitive personal data. Any significant change in the requirement, scope, budget, architecture or organisation may affect the relevance of the results.
9. Nature of recommendations and absence of a selection guarantee
EPM Scan Pro is a decision-support tool. Scores, rankings, diagnostics, budget estimates and shortlists are indicative. They do not constitute a guarantee of results, certification of a software vendor or a promise that the ranked solution will meet all present or future needs.
The final selection of EPM software is the sole responsibility of the purchaser. It must be supplemented by appropriate due diligence: demonstrations, workshops, POCs, licence verification, customer references, security, architecture, integration, performance, contractual terms, the integrator’s capabilities, total costs and project governance.
Pilotia is not responsible for decisions made without these checks, incorrect questionnaire configuration, a change in strategy, an inaccurate presentation by a vendor, integration failure or unsuitability resulting from circumstances that were not disclosed.
10. Automated components and artificial intelligence
Certain outputs may be generated or enhanced by automated processing or artificial intelligence models. These technologies may produce approximations, omissions or imperfect wording. Content must be reviewed and validated before use in a decision, vendor consultation, investment committee, audit or contractual document.
Automated features do not constitute legal, tax, accounting, financial, cybersecurity or regulatory advice.
11. Pilotia Expert support
Where the plan includes a discussion with a Pilotia Expert or a strategic session, this intervention constitutes assistance based on the information available at the time of the discussion. Unless otherwise agreed in a separate contract, it does not constitute a comprehensive audit, a project implementation assignment or a commitment to selection, integration or project success.
Pilotia performs this assistance with reasonable professional care, subject to an obligation to use reasonable endeavours rather than to achieve a specific result.
12. Availability, maintenance and changes
Pilotia uses reasonable means to provide access to the service, without guaranteeing continuous or error-free availability. Interruptions may occur for maintenance, security, updates, technical dependencies or external events.
The service, criteria, referenced tools, calculation methods and interface may evolve to improve quality, security or compliance. A change must not deprive an already paid-for plan of its essential substance.
13. Support
Support requests must be submitted through the Pilotia contact form. Unless a specific commitment applies, the stated period of 5 business days is a target for initial handling, not a guaranteed resolution time.
14. Intellectual property
EPM Scan Pro, its structure, code, texts, assessment grids, methods, scoring rules, visuals, trademarks, knowledge bases and report templates are protected and remain the property of Pilotia or its licensors.
The purchaser may use and share generated reports internally for their own needs. Any substantial external publication, resale, white-label use or commercial exploitation requires prior written authorisation.
15. Confidentiality
Each party undertakes to protect confidential information received from the other and to use it only for the performance of the service. This obligation does not cover information that is public, already lawfully known, received from an authorised third party or independently developed.
16. Personal data
Personal data is processed to manage accounts, payments, access, analyses, support, security and contractual evidence. Detailed information on purposes, legal bases, recipients, retention periods and rights is set out in the privacy policy.
The user warrants that they are authorised to transmit the data entered and informs the individuals concerned where necessary.
17. Suspension and termination
Pilotia may suspend access in the event of fraud, a security incident, non-payment, abusive sharing, infringement of intellectual property rights, attempted circumvention or a serious breach of these Terms. Except in an emergency or in the case of an irremediable breach, the user is invited to remedy the breach within a reasonable period.
18. Liability
Pilotia is liable only for direct, certain and foreseeable damage resulting from a proven breach of its contractual obligations. Loss of turnover, margin, expected savings, opportunities, reputation, data, contracts or commercial advantages, and the costs or delays of an integration or software replacement project, do not constitute compensable direct damage.
Subject to mandatory legal provisions, the aggregate liability of Pilotia in respect of the plan concerned is capped at the amount actually paid, exclusive of taxes, for that plan.
These limitations do not apply in cases of gross negligence or intentional misconduct, bodily injury, or where a limitation is prohibited by law. They must not deprive an essential obligation of Pilotia of its substance.
19. Force majeure and third-party dependencies
Neither party is liable for delay or non-performance caused by an event reasonably beyond its control whose effects cannot be avoided by appropriate measures. The service depends in particular on hosting providers, networks, WordPress, Stripe, API providers and third-party artificial intelligence services.
20. Evidence
Technical logs, timestamps, acceptance records, payment sessions, account metadata, Gravity Forms entries, PDF reports and digital fingerprints retained under reasonable conditions are admissible between the parties as evidence, unless proven otherwise.
21. Changes to the Terms
The version accepted at the time of the order remains archived and governs that order. Changes apply to future orders. Changes required for security, compliance or operation may apply to an ongoing access period following reasonable notice, without reducing essential acquired rights.
22. Governing law and dispute resolution
These Terms are governed by French law. The parties shall endeavour to resolve any dispute amicably and shall first submit a detailed complaint through the Pilotia contact form.
23. Severability and entire agreement
If a clause is declared void or unenforceable, the remaining clauses remain applicable. These Terms, the displayed offer, the order confirmation and, where applicable, any signed contract or quotation constitute the applicable agreement. In the event of a conflict, the signed contract or quotation prevails.
