Terms of service
Last updated: September 30, 2026
OVERVIEW
These Terms of Service ("Terms") govern your access to and use of the EthyloKey website and online store, the EthyloKey mobile application for iOS and Android (the "App"), the EthyloKey connected device, and any related services provided by Ethylowheel ("Ethylowheel", "we", "us" or "our") (collectively, the "Services").
Our online store is powered by Shopify. The EthyloKey App is a separate service operated by Ethylowheel and is not operated by Shopify.
By accessing or using the Services, creating an account, purchasing an EthyloKey product, or subscribing to a paid service, you agree to these Terms and acknowledge our Privacy Policy.
If you do not agree to these Terms, you must not use the relevant Services.
Nothing in these Terms limits any mandatory rights you may have under applicable consumer law.
1. ELIGIBILITY AND ACCOUNT
The EthyloKey App is intended for adults aged 18 or over.
An account is required to use the App. Account authentication is performed using a one-time code sent to your email address.
You agree to provide accurate and current information and to keep access to your email account and device secure. You are responsible for activity carried out through your account, except where such activity results from circumstances for which we are legally responsible.
Your account is personal and may not be sold, transferred, licensed, or assigned to another person.
You may delete your account through the App. Account deletion is subject to our Privacy Policy and does not automatically cancel any subscription purchased through Apple, Google, or another platform.
2. ETHYLOKEY DEVICE AND APP
EthyloKey is a contact-based sensing device accompanied by the EthyloKey App.
The user places a finger on the EthyloKey sensor. The device performs the measurement and communicates a green, amber, or red category to the App.
EthyloKey does not provide a certified or legally enforceable blood alcohol concentration measurement in g/L, and the App does not convert a device category into such a measurement.
The EthyloKey device is required to perform an EthyloKey measurement. Certain other App features, including theoretical estimates, reaction-time tests and party features, may be available without a connected device.
3. IMPORTANT SAFETY INFORMATION AND INTENDED USE
EthyloKey is a personal prevention and information tool only.
EthyloKey is not an approved or legally certified breathalyser, is not a medical device, and is not intended to replace any legally approved alcohol testing device, law-enforcement test, professional testing procedure, medical assessment, or other official method of determining alcohol concentration or fitness to perform an activity.
No result, category, estimate, reaction-time result, notification, indication, or other information provided by EthyloKey constitutes an authorization, recommendation, certification, or confirmation that a person is able or legally permitted to drive, operate machinery, work, or perform any safety-sensitive activity.
The user remains responsible for their own decisions, behavior, compliance with applicable laws, and assessment of whether to drive or undertake any other activity.
If there is any doubt, do not drive.
Applicable alcohol limits and other legal requirements vary by jurisdiction, driver category, circumstances, and over time. Users are responsible for understanding and complying with the law applicable to them.
4. MEASUREMENT LIMITATIONS AND POSSIBLE ERRORS
EthyloKey is an electronic sensing device. Like any sensor-based system, it may produce inaccurate, incomplete, inconsistent, delayed, false-positive, or false-negative results.
Results may be affected by factors including, without limitation, improper use, environmental conditions, temperature, humidity, contaminants on the skin or sensor, chemical substances in the surrounding environment, device condition, battery level, charging conditions, sensor ageing, software or firmware issues, and other technical or environmental factors.
A green result must never be understood as a guarantee that no alcohol is present, that a person's actual alcohol concentration is below a legal limit, or that the person is fit or legally permitted to drive.
An amber or red result is likewise an informational indication produced by the device and is not an official, evidentiary, forensic, medical, or legally certified measurement.
Where an official or legally recognized determination is required, users must rely on an appropriate approved testing method or follow the instructions of the competent authorities.
5. USER RESPONSIBILITY AND MISUSE
The user is responsible for deciding how to act before, during, and after using EthyloKey.
The Services must not be used as the sole basis for any decision involving driving, road safety, operation of machinery, professional duties, personal safety, or the safety of another person.
The user is responsible for:
- using the device in accordance with the instructions provided;
- using the sensor under appropriate conditions;
- taking applicable laws and legal alcohol limits into account;
- not relying on EthyloKey as a substitute for an approved or official testing method;
- seeking an alternative means of transportation whenever there is uncertainty about their ability or legal right to drive;
- not using a result obtained for one person as if it applied to another person.
Users must not deliberately alter, manipulate, contaminate, obstruct, damage, modify, or interfere with the EthyloKey device, sensor, firmware, App, measurement process, or security mechanisms.
6. THEORETICAL ESTIMATES
The App may allow users to log drinks, meals, and certain personal information in order to generate an estimated evolution over time.
These values are theoretical estimates and are not measurements performed by the EthyloKey device.
Estimates are generated using information provided by the user and a mathematical model. Their accuracy may be affected by inaccurate or incomplete declarations and by individual physiological differences that the App cannot know or measure.
An estimated peak, estimated return-to-zero time, or other estimate must never be interpreted as confirmation of a person's actual alcohol concentration or as confirmation that the person is fit or legally permitted to drive.
7. REACTION-TIME TEST
The App may provide a reaction-time test that compares a user's performance with their own previous results.
The test may indicate that performance differs from previous results. It does not determine the cause of that difference.
The reaction-time test is not a clinical cognitive test, medical assessment, alcohol measurement, or driving-fitness assessment and must not be used as one.
8. PARTY MODE AND DESIGNATED DRIVER
The App may allow users to organize a party session, associate measurements with participants, and identify a designated driver.
A person shown as the designated driver is a person selected by the participants as having agreed to drive the group.
The App does not select, approve, certify, assess, or determine that person to be fit or legally permitted to drive.
If you enter another person's first name or photograph in the App, you are responsible for ensuring that you have permission to do so.
9. LIMITATION OF LIABILITY RELATING TO USE OF ETHYLOKEY
To the fullest extent permitted by applicable law, Ethylowheel shall not be liable for any loss, injury, accident, property damage, fine, penalty, legal consequence, loss of income, loss of opportunity, or other consequence arising from or connected with:
- a decision made by a user or third party on the basis of an EthyloKey result, category, estimate, reaction-time result, notification, or other information provided through the Services;
- driving or attempting to drive after using EthyloKey;
- the use of EthyloKey as a substitute for an approved, legally recognized, professional, medical, forensic, or law-enforcement testing method;
- incorrect, abnormal, unauthorized, negligent, or unintended use of the product;
- failure to follow the instructions or safety information supplied with the product;
- modification, contamination, interference with, or damage to the device or sensor;
- incorrect, incomplete, or misleading information entered into the App;
- environmental, physiological, technical, software, firmware, or sensor-related factors that affect a result.
The user acknowledges that EthyloKey is an informational and preventive aid and that decisions and actions taken after using EthyloKey remain the responsibility of the user.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited or any mandatory rights available to consumers under applicable law.
10. ETHYLOKEY+
Certain App features may be available through a paid subscription currently marketed as EthyloKey+.
The price, billing period, free-trial period, and features included in the subscription are displayed in the App before purchase and may vary by country, platform, currency, promotion, or applicable taxes.
Where a free trial is offered, the subscription will automatically convert into a paid subscription at the end of the trial unless it is cancelled before the applicable renewal deadline.
Subscriptions automatically renew for the applicable billing period unless cancelled through the platform through which they were purchased.
Payments, renewals, cancellations, and refunds for subscriptions purchased through Apple are handled through your Apple account and are subject to Apple's applicable terms. Where subscriptions are offered through Google or another platform, the relevant platform's terms apply.
Deleting the App or deleting your EthyloKey account does not automatically cancel a subscription billed through Apple, Google, or another distribution platform.
11. PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to describe and display our products accurately.
Product images, colors, finishes, dimensions, packaging, interfaces, or other visual characteristics may appear slightly different depending on production variations, your screen, and your device settings.
We may update or discontinue products, features, packaging, firmware, software, or services, subject to applicable law and any obligations owed to existing customers.
Nothing in this section limits any mandatory legal guarantee or conformity obligation.
12. ORDERS
By placing an order, you submit an offer to purchase the products in your order.
An order becomes binding when we accept it in accordance with the ordering process and applicable law.
We may refuse or cancel an order where reasonably necessary, including in cases of suspected fraud, payment failure, manifest pricing or product errors, legal restrictions, product unavailability, or quantities indicating unauthorized resale.
If we cancel an order after payment has been collected, the relevant amount will be refunded in accordance with applicable law.
Returns and withdrawals are governed by our Refund Policy and applicable mandatory consumer law.
13. PRICES, TAXES AND PAYMENT
The price applicable to an order is the price displayed when the order is submitted, subject to correction of manifest errors as permitted by applicable law.
Applicable taxes and delivery charges will be displayed during checkout where required.
For international orders, customs duties, import taxes, or other charges may apply depending on the destination country. Where such charges are not included in the price collected by us, they may be payable by the recipient.
14. SHIPPING, DELIVERY AND TRANSFER OF RISK
Delivery dates or periods communicated before purchase apply in accordance with applicable law.
Shipping times may be affected by circumstances outside our reasonable control, including customs procedures, carrier disruption, strikes, natural events, regulatory restrictions, or other events of force majeure.
For consumers, the risk of loss or damage generally passes when the consumer, or a third party designated by the consumer other than the carrier, physically takes possession of the product, except where applicable law provides otherwise.
15. RETURNS AND RIGHT OF WITHDRAWAL
Consumers who are legally entitled to a right of withdrawal may exercise that right in accordance with our Refund Policy and applicable law.
For consumers in the European Union, this generally includes a statutory 14-day withdrawal period for eligible distance purchases.
Nothing in these Terms removes or restricts any mandatory right of withdrawal.
16. LEGAL GUARANTEES
Products sold to consumers benefit from any mandatory legal guarantees applicable in the consumer's jurisdiction.
For consumers in France, this includes the statutory legal guarantee of conformity under the French Consumer Code and, where applicable, the legal guarantee against hidden defects under the French Civil Code.
These legal guarantees apply independently of any voluntary commercial warranty.
17. INTELLECTUAL PROPERTY AND OWNERSHIP OF TECHNOLOGY
All intellectual property rights relating to EthyloKey and the Services remain the exclusive property of Ethylowheel or its licensors.
This includes, without limitation, the EthyloKey device design, electronics, firmware, source code, object code, software, App, algorithms, signal-processing methods, sensor-processing methods, calibration procedures, mathematical models, decision logic, thresholds, data structures, databases, interfaces, protocols, technical documentation, trade secrets, trademarks, logos, visual designs, patents, patent applications, designs, know-how, and other proprietary technology.
Purchasing an EthyloKey device does not transfer or assign any intellectual property right, source code, algorithm, know-how, trade secret, or other proprietary right to the purchaser.
The purchaser receives only the right to own and use the physical device and to use the associated software and Services in accordance with these Terms.
18. NO REVERSE ENGINEERING OR EXTRACTION OF TECHNOLOGY
Except to the extent expressly permitted by mandatory applicable law, you must not, directly or indirectly:
- reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, architecture, internal logic, or operation of the EthyloKey firmware, App, software, or any other protected component;
- attempt to discover, reconstruct, reproduce, infer, extract, or replicate Ethylowheel's algorithms, mathematical models, classification logic, signal-processing methods, calibration methods, thresholds, coefficients, parameters, or decision rules;
- extract, copy, capture, reconstruct, or systematically collect proprietary sensor data, calibration data, internal signals, communication protocols, debug information, training data, datasets, or technical outputs for the purpose of analysing, reproducing, benchmarking, competing with, or replicating EthyloKey technology;
- circumvent, disable, defeat, or interfere with encryption, authentication, access controls, firmware protections, anti-tampering mechanisms, security features, or technical restrictions;
- modify or create derivative versions of the firmware, App, algorithms, or software;
- use EthyloKey, its outputs, or information derived from the product to develop, train, validate, improve, manufacture, market, or assist in the development of a competing product or technology;
- permit or assist any third party to perform any of the acts listed above.
Any observation, study, testing, decompilation, or other activity that cannot lawfully be prohibited under mandatory applicable law remains subject to the strict conditions and limitations imposed by that law.
Information lawfully obtained for interoperability purposes may not be used beyond the purposes permitted by applicable law, including to develop, produce, or commercialize a substantially similar or competing product where such use would infringe Ethylowheel's intellectual property rights.
19. SOFTWARE, FIRMWARE AND UPDATES
We may provide updates to the App, device firmware, algorithms, user interface, compatibility systems, security features, or other software components.
Updates may be required for security, compatibility, regulatory compliance, bug fixes, or continued access to certain functionality.
You must not install unauthorized firmware, modify protected firmware or software, or interfere with communications between the EthyloKey device and the App except where expressly authorized by Ethylowheel or mandatory law.
20. ACCEPTABLE USE
You may not use the Services:
- for unlawful, fraudulent, malicious, or deceptive purposes;
- to interfere with or compromise the security or operation of the Services;
- to access another person's account without authorization;
- to introduce malware or harmful code;
- to scrape, extract, reproduce, or commercially exploit substantial parts of the Services without authorization;
- to infringe our intellectual property rights or those of any third party;
- to circumvent technical restrictions or security mechanisms;
- to use the product for unauthorized research, competitive analysis, or reproduction of Ethylowheel technology in violation of these Terms or applicable law.
We may restrict or suspend access where reasonably necessary to protect users, our systems, our intellectual property, comply with law, investigate misuse, or address a material breach of these Terms.
21. THIRD-PARTY SERVICES
The Services may rely on or provide links to third-party services, including Shopify, Apple, Google, Supabase, RevenueCat, payment providers, delivery companies, or other technical providers.
Your use of a third-party service may also be subject to that provider's own terms and privacy policy.
We are not responsible for third-party services to the extent that their operation is outside our reasonable control, without prejudice to any responsibility that cannot legally be excluded.
22. RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify, which provides infrastructure allowing us to operate the store.
Sales made through the EthyloKey store are made between you and Ethylowheel. Shopify is not the seller of the EthyloKey products you purchase from us.
23. PRIVACY
Our processing of personal information is described in our Privacy Policy.
The Privacy Policy distinguishes between processing performed in connection with the Shopify website and store and processing performed through the EthyloKey App.
24. AVAILABILITY OF THE SERVICES
We aim to keep our Services available but cannot guarantee uninterrupted or error-free operation.
The App or certain functions may temporarily be unavailable due to maintenance, updates, connectivity issues, third-party infrastructure, security incidents, device compatibility, or circumstances outside our reasonable control.
25. TERMINATION AND SUSPENSION
You may stop using the Services at any time and may delete your App account through the App.
We may suspend or restrict access where reasonably necessary because of:
- a material or repeated breach of these Terms;
- fraudulent or unlawful activity;
- a security risk;
- unauthorized reverse engineering, extraction, copying, or attempted reproduction of Ethylowheel technology;
- misuse that could harm another person, our systems, our intellectual property, or our rights;
- a legal or regulatory requirement.
Where legally required, we will provide appropriate notice or an opportunity to remedy the issue.
26. CHANGES TO THESE TERMS
We may update these Terms to reflect changes to our Services, legal requirements, security practices, technology, or business operations.
The current version will be made available through our website and/or App.
Where required by applicable law, we will provide notice of material changes before they take effect and obtain consent where legally required.
27. GOVERNING LAW AND CONSUMER RIGHTS
These Terms are governed by French law.
If you are a consumer residing in another country, this choice of law does not deprive you of mandatory consumer protections that apply under the law of your country of residence.
Any dispute may be brought before the competent courts determined under applicable law. Nothing in these Terms requires a consumer to waive a jurisdiction or dispute-resolution right that cannot legally be waived.
28. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will apply to the maximum extent permitted by law or, where necessary, be severed without affecting the validity of the remaining provisions.
29. NO WAIVER
If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.
30. CONTACT INFORMATION
Questions about these Terms should be sent to:
Ethylowheel
3 Bd Thomas Gobert
91120 Palaiseau
France
Email: contact@ethylokey.com
SIRET: 911 927 846 00012
VAT number: FR12911927846