1. Introduction and Acceptance

Welcome to Eliott. These Terms of Service ("Terms", "Agreement") govern your access to and use of the Eliott platform (the "Service", "Application"), a SaaS marketing data analytics service operated by Eliott (hereinafter "we", "us", "our", "Eliott").By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

‍The Service is intended exclusively for professional use (B2B). By using Eliott, you represent and warrant that you are acting in a professional or business capacity.

‍2. Publisher Information

‍Business Name: Eliott

‍Legal Form: Micro-entreprise (Sole Proprietorship)
‍SIREN Number: 914147970
‍Share Capital: N/A (Micro-entreprise)
‍Legal Representative: Marc-Antoine ALLAI
‍Address: 2bis allée des favrières, 44240 La Chapelle-sur-Erdre
‍Contact Email: marco99103@gmail.com

Definitions"Service" refers to the Eliott platform, including all features, functionalities, and content accessible through the website and application."User" or "You" refers to any professional individual or entity that creates an account and uses the Service."Account" refers to the unique user account created to access the Service."Credits" or "Requests" refer to the units of usage that allow you to perform analytics queries on the platform."Subscription" refers to a paid plan that provides a monthly allocation of Credits."Content" refers to all data, text, graphics, reports, charts, and other materials generated through or displayed on the Service."Third-Party Services" refers to external platforms (such as Google Analytics, Meta Ads, etc.) that you may connect to Eliott.

4. Service Description

Eliott is a marketing data analytics platform that enables professionals to:Connect various marketing and analytics platformsQuery and analyze marketing data using natural languageGenerate visualizations, charts, and reportsExport data and insights for business intelligence purposesThe specific features available to you depend on your subscription plan. We reserve the right to modify, enhance, or discontinue any features at any time.

5. Account Registration

5.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You agree to update your information as necessary to maintain its accuracy.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

5.3 One Account Policy

Each user or business entity may maintain only one account. Creating multiple accounts to circumvent usage limits or for fraudulent purposes is strictly prohibited and may result in immediate termination of all associated accounts.

6. Free Credits

Upon registration, each new user receives 20 free credits (equivalent to 20 analytics requests). These credits allow you to explore and evaluate the Service before committing to a paid subscription.Free credits do not expire as long as your account remains activeFree credits cannot be transferred, sold, or exchangedFree credits are one-time only and will not be renewedAbuse of free credits (e.g., creating multiple accounts) will result in account termination

7. Subscriptions and Pricing

7.1 Available Plans

Eliott offers several subscription plans with different monthly request allocations:Basic: 50 requests per monthPro 150: 150 requests per monthPro 350: 350 requests per monthPro 500: 500 requests per monthPremium: 1,000 requests per month (displayed as unlimited)Current pricing is available on our pricing page. Prices are subject to change with reasonable notice.

7.2 Billing

Subscriptions are available with monthly or annual billing cyclesPrices are displayed in EUR and USDAnnual subscriptions provide a discount compared to monthly billingAll payments are processed securely through Stripe

7.3 Automatic Renewal

All subscriptions renew automatically at the end of each billing period. Your payment method will be charged automatically unless you cancel before the renewal date.You may cancel automatic renewal at any time through your Stripe customer portal, accessible from your account settings. Cancellation will take effect at the end of the current billing period.

7.4 Credit Renewal

Your monthly request allocation resets at the beginning of each billing cycle. Unused requests do not roll over to the next period.

8. Refund Policy

‍All payments are final. We do not offer refunds for any reason, including but not limited to:Unused credits or requestsPartial billing periodsDissatisfaction with the ServiceAccount termination (whether voluntary or due to violation of these Terms)Technical issues or service interruptionsWe encourage you to use your free credits to evaluate the Service before subscribing. By subscribing, you acknowledge and accept this no-refund policy.

9. Payment Terms

All payments are processed through Stripe, our third-party payment processorWe do not store your credit card details; all payment information is handled securely by StripeYou are responsible for providing valid payment informationIn case of payment failure, your access to premium features may be suspended until payment is resolvedInvoices are available in your Stripe customer portalPrices are exclusive of applicable taxes, which will be added where required by law

10. User Obligations

By using the Service, you agree to:Use the Service only for lawful, professional purposesComply with all applicable laws, regulations, and third-party terms of serviceNot attempt to gain unauthorized access to any part of the Service or its systemsNot interfere with or disrupt the Service or servers connected to the ServiceNot use automated systems (bots, scrapers) to access the Service without our express permissionNot reverse engineer, decompile, or disassemble any part of the ServiceNot share your account credentials with third partiesNot use the Service to infringe upon the intellectual property rights of othersRespect the terms of service of any Third-Party Services you connect to Eliott

11. Third-Party Integrations

The Service allows you to connect various third-party marketing and analytics platforms. When you connect a Third-Party Service:You authorize us to access your data on that platform according to the permissions you grantYou remain responsible for compliance with that platform's terms of serviceWe are not responsible for the accuracy, availability, or functionality of Third-Party ServicesYou may disconnect any integration at any time through your account settingsFor details on how we handle data from Third-Party Services, please refer to our Privacy Policy.

12. Intellectual Property

12.1 Our Intellectual Property

The Service, including its design, logo, software, algorithms, user interface, documentation, and all related intellectual property, is and remains the exclusive property of Eliott. Nothing in these Terms grants you any ownership rights in the Service.

12.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

12.3 Your Data

You retain all ownership rights to the data you input into the Service and the analytics outputs generated from your data. We claim no ownership over your data.

13. Data Protection

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms.We are committed to complying with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

14. Service Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:Scheduled maintenance (we will provide reasonable advance notice when possible)Emergency maintenance or security updatesTechnical failures or issues beyond our reasonable controlThird-party service outages affecting our platformWe are not liable for any loss or damage resulting from service unavailability.

15. Warranties and Disclaimers

‍THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:Implied warranties of merchantability and fitness for a particular purposeWarranties that the Service will be error-free, secure, or uninterruptedWarranties regarding the accuracy or reliability of analytics resultsWarranties regarding the availability or functionality of Third-Party ServicesThe analytics and insights provided by Eliott are for informational purposes only and should not be the sole basis for business decisions. You are responsible for verifying any data or insights before acting upon them.

16. Limitation of Liability

To the maximum extent permitted by applicable law:Eliott shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwillOur total liability for any claims arising from or related to the Service shall not exceed the total amount you paid to us in the twelve (12) months preceding the claimWe are not liable for any damages arising from Third-Party Services, including data inaccuracies or service interruptionsThese limitations apply regardless of the legal theory upon which the claim is based, whether we have been advised of the possibility of such damages.

17. Indemnification

You agree to indemnify, defend, and hold harmless Eliott, its owner, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:Your use of the ServiceYour violation of these TermsYour violation of any applicable laws or third-party rightsAny data or content you upload or process through the Service

18. Termination

18.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Subscription cancellation will take effect at the end of your current billing period; no refunds will be provided for the remaining period.

18.2 Termination by Us

We may suspend or terminate your account immediately and without notice if you:Violate any provision of these TermsEngage in fraudulent or abusive behaviorFail to pay subscription fees when dueUse the Service in a manner that could harm Eliott or other users

18.3 Effects of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data in accordance with our data retention policies as described in our Privacy Policy. Termination does not relieve you of any payment obligations incurred prior to termination.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:Update the "Last updated" date at the top of this documentNotify you via email or through the ServiceProvide reasonable notice before changes take effectYour continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eliott regarding the Service and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, or failures of third-party services.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of France.

22. Contact Us

If you have any questions about these Terms of Service, please contact us by email: marco99103@gmail.com