Terms & Conditions
Last updated: [DATE]
1. Parties
These Terms & Conditions are entered into between you ("you," "the customer") and Jeremy Andre, a micro-entrepreneur registered in France under SIRET [SIRET number] ("[COMPANY NAME]," "we," "us"), who is the sole publisher, provider, and seller of Elenchos (the "Service"). [COMPANY NAME] contracts directly with customers and is solely responsible for the Service.
Within the Service, responsibilities are divided as follows: this website is created, owned, and hosted by Denzel Chauvet. The audit software is developed, owned, and delivered by Jeremy Andre.
That division describes authorship and ownership of each component. It does not change who you contract with: [COMPANY NAME] remains your sole counterparty for the purchase, the licence, and any claim arising from the Service.
Other individuals or businesses that provide services to [COMPANY NAME] in connection with the Service (for example, technical or operational support) act as independent service providers to [COMPANY NAME]. They are not a party to this contract, do not sell or provide the Service to you, and bear no direct contractual responsibility toward customers.
2. Acceptance
By creating an account or using Elenchos ("the Service"), you agree to these Terms & Conditions. If you’re agreeing on behalf of a company, you confirm you have the authority to bind that company.
3. The Service
Elenchos is a desktop application that audits a trading strategy's backtest for statistical validity — nine independent checks covering overfitting, data leakage, statistical reliability, and costs & execution, each returning PASS, WARN, or FAIL. The audit runs locally: your strategy, returns, and weights are never uploaded. We may update, add to, or remove features over time; we’ll give reasonable notice of changes that materially reduce functionality you’re paying for.
4. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract to use the Service.
5. Accounts
You’re responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [security@yourcompany.com] if you suspect unauthorized use.
6. Subscription, Pricing & Billing
6.1
Access to the Service requires a paid subscription. Current pricing is shown on our plans page.
6.2
Subscriptions are billed monthly in advance and renew automatically on the same calendar day each month, until cancelled.
6.3
You can cancel at any time from your account page; cancellation takes effect at the end of the current billing period, and you keep access until then.
6.4
As a micro-entrepreneur operating under the VAT exemption threshold, [COMPANY NAME] does not currently charge VAT on invoices ("TVA non applicable, art. 293 B du CGI").
[TODO: if turnover later exceeds the exemption threshold and VAT registration becomes mandatory (or if selling to EU consumers requires OSS registration regardless of turnover — check this with an accountant), this clause and all invoices must be updated to show VAT.]
6.5
Refunds and your right of withdrawal are set out in full on our Returns & Withdrawal page, which forms part of these Terms. In short: consumers have a 14-day right of withdrawal, which ends as soon as the licence is activated and bound to a machine. Activation is the point at which the Service is delivered in full, so no refund is available after it.
7. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes. You may not resell, sublicense, reverse-engineer, or use the Service to build a competing product.
Your licence is personal to you and tied to your own account. Sharing credentials, or otherwise giving a third party access to the Service under your licence, is not permitted and may lead to suspension or deactivation of the licence without refund.
8. Your Data
You retain ownership of any data you upload to the Service ("Customer Data"). You grant us a license to host, process, and display that data solely to provide the Service to you. See our Privacy Policy for how we handle personal data specifically.
9. Acceptable Use
You agree not to: use the Service for unlawful purposes; attempt to gain unauthorized access to our systems; interfere with the Service’s operation; scrape or extract data at scale without permission; or use outputs of the Service in a way that violates applicable law.
10. Service Availability
We aim for high availability but don’t guarantee uninterrupted access. [If offering an SLA to enterprise customers, reference a separate SLA document here rather than detailing it in these general Terms.]
11. Limitation of Liability
To the maximum extent permitted by law, [COMPANY NAME]’s total liability arising from these Terms or the Service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages. Nothing in these Terms excludes liability that cannot be excluded under French law (e.g., gross negligence, willful misconduct, death or personal injury).
12. Termination
We may suspend or terminate your access if you materially breach these Terms and don’t remedy the breach within [X] days of notice, or immediately in cases of serious misuse.
13. Governing Law & Disputes
These Terms are governed by French law.
13.1
For consumers: under Article L616-1 of the French Consumer Code, you have the right to refer any unresolved dispute, free of charge, to an approved consumer mediator before bringing court action. Raise the complaint with us directly first; if it is not resolved within the period stated on our Consumer Mediation page, you may refer it to the mediator named there. You also retain the protections of your own country’s mandatory consumer law.
13.2
For business customers: disputes are subject to the exclusive jurisdiction of the courts of [CITY], France. [Or insert an arbitration clause here if preferred for international B2B clients.]
14. Changes to These Terms
We may update these Terms; material changes will be notified by email or in-app at least [X] days before taking effect.
[TODO: consider a separate, more heavily negotiated Master Service Agreement for enterprise/B2B clients once deal sizes grow — common for SaaS selling to both consumers and larger business accounts.]
