PHOTAUMATE
Draft to be reviewed before going live. Passages in [brackets] are to be completed; this text is not legal advice. It is a translation of the French draft, which prevails.

Terms of sale and subscription

Last updated: [date]

1. Seller

JBcorp, [legal form], [address], SIREN [number], VAT [number], [contact e-mail] (“the Seller”).

2. Purpose

These terms govern the subscription to the PHOTAUMATE software (“the Software”): a personal, non-exclusive, non-transferable right of use, for the duration of the subscription, on at most 2 computers. Use of the Software is subject to the licence agreement (EULA) shown in the application.

3. Offers and prices

The subscription is offered monthly or yearly. Prices shown are [including / excluding tax] in euros. The price that applies is the one displayed when the order is placed. The Seller may change its prices; the change applies to the next renewal, after the customer has been informed [notice period: to be specified].

4. Free trial

A free trial of [14] days is offered to new subscribers. A bank card is requested at sign-up; it is charged only at the end of the trial, unless the customer cancels before then from “My account”.

5. Order and payment

The order is placed on this site. Payment is handled by Stripe, which processes the card data: the Seller has no access to it. The subscription renews automatically at each due date (monthly or yearly) and is charged in advance. If a payment fails, access is kept for a few days during the retries, then suspended.

6. Delivery

After payment, the customer receives an activation key by e-mail and on screen. The Software can be downloaded from this site. It is activated with the key and renews automatically as long as the subscription is paid.

7. Right of withdrawal

[Consumers: the customer has 14 days from subscribing to withdraw. They may ask for immediate access to the Software; if they use the Software during this period, they acknowledge losing their right of withdrawal for the part used, in accordance with article L221-28 of the French Consumer Code. To be validated: wording and a checkbox to add at payment.] Professionals have no right of withdrawal.

8. Cancellation

The customer may cancel at any time from “My account” (Stripe's portal). Cancellation takes effect at the end of the period already paid; the current period is not refunded, [unless stated otherwise].

9. Warranties and liability

The legal warranties of conformity and against hidden defects apply to consumers. For the rest, and to the extent permitted by law, the Seller's liability is limited to the price paid for the current period, except in case of gross negligence or wilful misconduct. The customer remains responsible for backing up their files: the Software does not modify originals, but the Seller provides no backup.

10. Personal data

See the privacy policy.

11. Governing law, disputes

French law. Consumers may use a consumer mediator free of charge: [name and contact details of the mediator]. Failing agreement, the competent courts are [to be specified].