October's Terms and Conditions

Glossary of terms

Affiliate: someone who opens an October account with a promotional code and lends €500 (or €200 if the referrer benefits from loyalty benefits)
Analyst: someone who checks the suitability of the project for funding Effective Annual interest rate: Annual percentage rate
Borrower: a company that has been granted a loan for a project
Borrower agreement: a legal contract that sets out the terms and conditions of a loan obtained by a borrower from a lender via the website
Downloadable Content: Content that can be downloaded from the Website
ECSP Regulation: Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020
KYC (Know Your Customer) processprocess for verifying the identity of users Investor: someone who lends money
October: refers to October SA and its affiliated companies October Account: the account created on app.october.euand the associated payment wallet
October Factory: a portfolio management company that manages investments and is registered with the Autorité des Marchés Financiers under the number GP-16000030
October IFP: a company authorized as (i) a European crowdfunding service provider under the ECSP regulation by the Autorité de contrôle prudentiel et de résolution under number FP-2023-16 to facilitate the granting of loans via the website and (ii) as an agent of the payment service provider Lemonway. October IFP is registered in the REGAFI register under number 69593
Payment Service Provider: intermediary that gives a mandate to October IFP to provide payment services and that is listed on the Website at fr.october.eu/cgupspappears Payment Wallet: a payment wallet linked to the October account
Project: the defined project for which a borrower is seeking financing
Referrer: lender who shares a promotional code with an affiliate
Websiterefers to october.euand app.october.eu
GTC: the general terms and conditions of the website
User: a borrower, an investor or a partner of October


Welcome to october.euand all subdomains connect.october.euand app.october.eu(hereinafter the "Website"). Access to the Website constitutes unconditional acceptance of these T&Cs in their entirety. By accessing the Website, the User acknowledges that the crowdfunding services are not covered by the Deposit Guarantee Scheme pursuant to Directive 2014/49/EU and that investments acquired through the Website for crowdfunding purposes are not covered by the Investor Compensation Scheme pursuant to Directive 97/9/EC. October does not provide investment advice or a recommendation as to the suitability for the User of any offer published on the Website, which the User expressly accepts. Any investment decision made by the User is at the sole responsibility of the User. The information on the October Connect offer is available in the section connect.october.euthis section is managed and published by October SA. The information for professional investors is available at october.eu/lenders/institutionalthe other parts of the website are managed and published by October IFP. OVH (RCS Lille Métropole 424 761 419), a company based at 2 rue Kellermann - 59100 Roubaix - France, and Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226, operate the website. The French courts shall have exclusive jurisdiction over any dispute relating in particular to the validity, interpretation, execution or termination of these T&Cs. Navigation on the website is subject to the applicable European and French laws and regulations as well as these T&Cs.

1. Access to the Website

1.1 General provisions

In order to access and use all the features of this Website, you must be of legal age or a minor acting with the consent of your legal representative, you must not be a "U.S. citizen" as defined by the U.S. Internal Revenue Service, and you must have a bank account in the Eurozone, a valid e-mail address and a cell phone number.

Access to some sections of the Site requires the use of personal access codes, in which case it is your own responsibility to take appropriate measures to ensure the confidentiality of these codes. You may change them at any time. However, the number of attempts to access these sections may be limited to prevent fraudulent use of these codes. Please inform us of any fraudulent use of which you become aware.

You confirm that the data you provide to us and which is stored in our information systems is accurate and constitutes valid proof of your identity. You undertake to inform us immediately of any changes to this data.

In the event of non-compliance with the rules described in these Terms of Use, we reserve the right to block your access to the Site, in which case we will inform you as soon as possible.

Although we naturally endeavour to keep the Site available at all times, we cannot guarantee that access to the Site will be possible at all times. In particular, for reasons of maintenance, updating or for other reasons beyond our control, access to the Site may be interrupted without October being held liable. Navigation on the Marketplace is secure in accordance with the state of the art (SSL - https).

1.2 Registration of borrowers

1.2.1 Free and non-binding test of your company's suitability for October financing

Under the following link: en.october.euyou can test your company's eligibility for October financing. All you need to do is first provide your company's registration number (e.g. commercial register entry), the desired financing volume and the purpose of the financing.
To receive the results of your eligibility test, you will be asked to register and, in particular, to verify your e-mail address and financing requirements.

1.2.2 Preparation of the financing file and analysis

The preparation of the financing package is mainly manual and requires you to send the following documents (this list is not exhaustive)

  • the last 3 tax returns
  • Repayment schedule of your existing debts

An analyst will contact you as soon as possible by email and/or phone to study your project and better understand your needs. The analyst may ask you for additional documents if necessary to prepare his analysis, which he will then formally submit to the October Factory credit committee. After validation by the October Factory committee, the funding application will be sent to the October IFP, which will decide on its eligibility for eligible funding.

1.2.3 KYC (Know Your Customer) process - verifying the identity of your company and the identity of the manager(s) authorized to commit the company

As October is subject to applicable anti-money laundering and anti-terrorist financing regulations, we must verify the identity of the final beneficiaries of the transaction and the company's managers in parallel with the credit analysis. Any false or irregular declaration may be subject to a special investigation to prevent fraud. By accepting these GTC, you confirm in particular that:

  • You do not have a criminal record for breaches of national regulations in the areas of commercial law, insolvency law, financial services law, anti-money laundering, fraud or professional liability; and
  • You are not established in a non-cooperative jurisdiction as recognized by the relevant European Union policy or in a high-risk third country as defined in Article 9(2) of Directive (EU) 2015/849.

1.2.4 Acceptance of the loan offer / electronic signature

After consultation with the October Factory Credit Committee, we will inform you of the acceptance or rejection of the funding of your project. You expressly acknowledge that this decision is subject to October's sole discretion and that October cannot be held liable for a negative decision. In the event of a positive response from us, your project can only be put online after signing our loan agreement. The loan agreement lists the information you have provided during the steps described in sections 1.2.1 to 1.2.4 of these Terms of Use, the essential features of the loan (amount, term, interest rate, fees and commissions, estimated APR) and the legal conditions for putting your project online on the website.

The loan agreement must be reviewed by you and signed manually or electronically.

By signing the loan agreement and the power of attorney contained in the appendices, you formally authorize October to electronically sign the lenders' multiple loan agreements on your behalf.

1.2.5 Possible Cancellation of the Loan Offer

If October IFP reasonably identifies an omission, error or inaccuracy in the information you have provided that could materially affect the expected return on the Loan Offer, you will be requested to amend or correct such information promptly. If such amendment is not made promptly, October IFP may:

  • suspend the loan offer on the website until the information has been completed or corrected, but for a period not exceeding 30 calendar days; and
  • If no appropriate correction or completion is made within 30 calendar days, the loan offer will be canceled.

2. Use of the website

Please remember that use of the Site requires that you have the necessary hardware and software to use the Internet. It is therefore your responsibility to provide the equipment necessary to access and use our services on the Site (in particular computer, Internet access, standard software such as browser and e-mail client). You will be responsible for any costs incurred in this regard to the relevant service providers.

As the Internet does not guarantee the security, availability and integrity of data transmission, we would also like to point out that we are not responsible for errors, omissions, deletions, delays, disruptions (in particular due to viruses), communication channels, or for hardware and software over which we have no influence.

In the secure areas you can find out about investment or credit opportunities and accept loans from companies.

You undertake to use the information provided on the website solely for the purpose of obtaining financing.
Furthermore, you undertake to indemnify October against any damage caused directly or indirectly by your use of our service.
Express reference is made to the following provisions. By using this website, you agree not to use this website

  • to distribute content that is infringing, defamatory, unauthorized, malicious, violates privacy or image rights, or incites violence, racial or ethnic hatred;
  • for political, propagandistic or missionary purposes;
  • to publish advertising content or advertising campaigns;
  • to disseminate information or content that is harmful to minors;
  • to commit unlawful acts, in particular the infringement of copyrights to software, trademarks, photographs, images, texts, videos, etc;
  • to use a defamatory or malicious username that violates the privacy or image rights of others or to incite violence, racial or ethnic hatred.

2.1 Services offered on the website

October offers a credit platform for small and medium-sized enterprises (SMEs).

Requirements if you want to borrow on the website

You are a company based in Germany and registered in the commercial register and have at least two years of business behind you.

You need a professional loan to finance a specific project quickly and without having to pay anything in return.

October's teams will analyze your request and give you access to a database of investors willing to finance your project. To this end, you undertake to provide October with correct, precise, complete and exhaustive information about your project and the situation of your company so that October can examine your request and publish the information on the site.

We recommend that you read the terms and conditions of our payment service provider and/or e-money institution or an intermediary contracted by the platform, which are available on the website at https://de.october.eu/lemonway-agbs/ and which describe the process of payment and reimbursement transactions that can be carried out on your October account.

Please remember that borrowing from the public carries a risk of over-indebtedness, so make sure you make careful decisions about your financing needs and your ability to repay.

October does not offer financial advice to borrowers and is not responsible for the financial and tax consequences of any loans you obtain through the website. We remind you that you take full initiative and responsibility for financing your project and repayment.

2.2 Downloadable content

We may make content available to you on this Website that you may download (hereinafter "Downloadable Content"). By downloading or using this Downloadable Content, you agree to use it in accordance with these Terms of Use.

We grant you, free of charge and for the statutory copyright protection period, a non-exclusive and non-transferable license to use the Downloadable Content for your personal and private use. Any reproduction, representation, modification or distribution of the Downloadable Content requires our express permission.

2.3 Personal data

Information on how we process your personal data can be found in our privacy policy, which you can access via the following link:


3. Terms of payment

The prices for the services offered on the website can be found on our dedicated page.

4. Taxation

Certain information about the taxation of the granting of loans by individual investors is provided to you for information purposes only on the Website, in our FAQs, and you acknowledge that this information is provided for information purposes only and does not constitute tax advice.

October is not responsible for the financial and tax consequences of any loans made or received through the Website and recommends that you consult your own legal or tax advisor to review your own situation.

5. Evidence Agreement

Acceptance of the Terms of Use by electronic means has the same evidential value as the agreement between the parties in paper form.

The electronic records kept in our computer systems will be kept under appropriate security conditions and will be considered as evidence of the communication between the parties.

The contractual documents are archived on a reliable and durable medium that can be used as evidence.

6. Information contained on the website

6.1 General provisions

We make every effort to provide you with accurate and up-to-date information. However, as the transmission of data and information via the Internet is not technically absolutely reliable, we cannot guarantee the accuracy of all information on this website and accept no responsibility for the use of this information.

Furthermore, we draw your attention to the fact that inaccuracies or omissions in the information available on this website may occur, in particular as a result of third party interference. We ask you to notify us of any inaccuracies or omissions at the following address: [email protected]

The information provided on the website is for information purposes only and does not constitute an inducement to contract, advice or recommendation of any kind. October does not offer financial or tax advice.

Users are advised to contact their usual advisors for any advice, particularly in legal and tax matters.

6.2 Hypertext links

The hypertext links included on this website may take you to websites operated by third parties, the content of which we do not control. Accordingly, and bearing in mind that the hyperlinks on this website have been included solely for the purpose of facilitating navigation on the Internet, consultation of third party websites is at your sole discretion and under your own responsibility.

The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognisable at the time of linking. However, we cannot reasonably be expected to permanently monitor the content of the linked pages without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately.

If you wish to create hypertext links to this website, you must first send us a request for permission to the following address: [email protected].

6.3 Liability for content, limitation of liability

6.3.1 Liability for content

As a service provider, we are responsible for our own content on these pages in accordance with Section 7 (1) of the German Telemedia Act ("TMG") under general law. However, according to Sections 8 to 10 TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time we become aware of a specific legal infringement. If we become aware of such legal infringements, we will remove this content immediately.

6.3.2 Limitation of liability

Notwithstanding the following limitations of liability, October is always liable without limitation for damages caused by intent and gross negligence, for injury to life, body and health, insofar as we have assumed a guarantee and for claims under the Product Liability Act.

Liability for slight negligence is excluded, unless an essential contractual obligation has been breached. Essential contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on whose fulfillment you may rely. In the event of a slightly negligent breach of essential contractual obligations, the obligation to pay compensation is limited to the typically foreseeable damage.

Insofar as our liability for damages is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents and in particular in favor of the shareholders, employees, representatives, bodies and their members with regard to their personal liability.

7. Closing your October account

If the user of the website is not a borrower under one or more loan agreements, he/she may close his/her October account at any time, otherwise the user must wait until the loan agreement(s) expires before logging out.

Closing your October Account will result in any refund of the amounts shown on your October Account and by closing your October Account you confirm that

  • You can no longer access the data contained in your October Account;
  • You will no longer benefit from the information and opportunities on the Website;
  • You will no longer be able to access the services offered by the Website.

To close your October Account, you must send an e-mail from your e-mail address to [email protected] expressing your wish to close your October Account. The funds remaining in the October Account can only be transferred by wire transfer to the bank or postal account whose details you provided to us upon registration.

You will receive a confirmation email from October within a maximum of 30 days confirming that your October account has been closed.

8. Intellectual property

The website and all its components (such as brands, images, texts, videos, etc.) are protected by intellectual property rights.

The development of this website has involved considerable investment and the joint work of our teams, which is why, unless expressly stated otherwise herein, we do not grant you any right other than the right to consult the website for your purely personal use.

Any use, reproduction or representation of the website (in whole or in part) or the elements that make it up, on any medium whatsoever, for any other purpose, in particular for your own commercial purposes, is prohibited.

9. References

Exceptionally, we may expressly authorize you to reproduce and/or represent all or part of the Website on certain media. Any request for such authorization must first be sent to the following address: [email protected] or October, Rue de la Victoire 94, 75009 Paris.

10. Complaints and grievances

10.1. you are an investor, borrower or partner of October

October IFP's complaints handling procedure can be found at this link.

10.2. you are a professional investor

You can find October Factory's complaints handling procedure here.

10.3. you are not in one of the above cases

In all other cases, please send your complaint to [email protected]

11. Changes to the website and terms of use

We are entitled to change the content and information on this website and in these terms of use at any time with effect for the future, insofar as this appears necessary and does not disadvantage you against good faith, in particular to comply with changes in the law and/or to improve the website. Any changes will be included in these terms of use.

An amendment or addition will be announced in text form in a suitable manner at least four weeks before it comes into force. As a rule, the amendment to the Terms of Use will be announced by e-mail. You have the right to object to an amendment to the Terms of Use within four weeks of publication and the opportunity to take note of it vis-à-vis October. In the event of a timely objection, both parties are entitled to terminate the contract extraordinarily in accordance with the termination provisions of these Terms of Use. Other termination rights remain unaffected by this. If you do not object within the objection period or if you continue to use our services thereafter, the amendment shall be deemed accepted and shall become part of the contract.

In the notification of the changes to the terms of use, we will draw your attention to the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to failure to object.

12. Credit guidelines and credit scoring method

The credit guidelines and the credit scoring method used by Oktober IFP are available at this link.

13. Final provisions

Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. In the event of such invalidity, the invalid provision shall be replaced by the statutory provisions. The same shall apply in the event of a loophole.

The exclusive place of jurisdiction for all disputes relating in particular to the validity, interpretation, execution or breach of these Terms of Use shall be the court responsible for our registered office in the case of contracts with merchants, legal entities under public law or special funds under public law.

The law of the Federal Republic of Germany applies to the use of the website and the services offered on it as well as all contracts concluded in this regard; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.