1. Purpose

Stream Invaders (hereinafter the “Company”) publishes a web conferencing platform called “blastream” accessible at www.blastream.com in Cloud computing mode (hereinafter the “Platform“), enabling individuals or professionals (hereinafter the “Customer”) to organize, produce and broadcast live videos, with or without written, visual or audiovisual content, and to broadcast them in real time on third-party services (hereinafter the “Services“) to an audience open to the public or private, by invitation (hereinafter the “Participants“).

Stream Invaders and the Customer are hereinafter referred to together or individually as the “Party(ies)“.

The purpose of these terms and conditions (hereinafter the “Terms and Conditions”) is to define the terms and conditions of use of the Platform and Services, as described below, provided by the Company to Customers, and to define the rights and obligations of the Parties in this context.

They express the entire agreement of the Parties and cancel and replace any prior agreement, letter, offer or other written or oral document having the same object.

They can be accessed and printed at any time via a direct link on the Platform’s home page.

2. Platform operator

The Platform and Services are operated by Stream Invaders, a société par actions simplifiées (simplified joint stock company), registered in the Paris Trade and Companies Register under number 838 235 778, whose registered office is located at 65 rue du chemin vert, 75011 Paris, France (hereinafter the “Company”).

The Company can be contacted at the following address:

E-mail address :support@blastream.com

3. Acceptance of General Conditions

By registering for the Services, the Customer declares that he has read these General Terms and Conditions and expressly accepts them.

This acceptance, which takes the form of a box to be ticked when registering for the Services, can only be full and complete, without modification of any kind whatsoever. Any conditional acceptance is considered null and void. Any Customer who does not agree to be bound by these General Terms and Conditions must not use the Services or access the Platform.

4. Access to Services

The Platform and Services are accessible to both individuals (hereinafter the “Individual Customer“) and professionals (hereinafter the “Professional Customer“):

any natural person with full legal capacity to enter into commitments under these General Terms and Conditions. Users who do not have full legal capacity may only access the Platform and Services with the consent of their legal representative.
any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.

The Customer acknowledges and accepts that in order to access the Platform and Services, the Customer must first :

High-speed Internet connection ;
A browser such as Chrome or Firefox and/or a recent, up-to-date iOS or Android operating system.

5. Registration on the Platform

The Customer must open an account with the Company on the Platform in accordance with the procedure described below in order to benefit from the Services (hereinafter the “Account”).

To create an Account, the Customer must :

at his free choice, fill in a registration form accessible on the Platform by filling in his email address, or register using his Facebook, Google, Twitter, Twitch or any other social network account made available by the Company. The email address registered by the Company for the purposes of the Account will be that linked to the Customer’s social network account, which the Customer expressly acknowledges and accepts.
tick the “I have read and accept the general conditions of use and sale” box on the registration form.

Once the registration form has been completed, the Account is automatically validated. The Company sends the Customer an e-mail confirming the creation of his/her Account.

The Customer will be asked to choose a password when logging in for the first time. Otherwise, the Customer will not be able to access his Account. The Customer may change the password at any time in his Account, as defined below. We recommend that you change your password regularly.

Each Customer warrants to the Company that the information provided during the registration process is accurate and not misleading. In particular, the Customer undertakes to provide a valid e-mail address and non-falsified supporting documents.

Where the Customer is a company, the latter acknowledges that it must open as many Accounts as there are people who may access the Services. In this context, it is required to open a main Account attached to the Customer (hereinafter the “Administrator Account“), which may only be operated by the person whose personal details correspond to those provided when registering for the Services and/or by any person expressly designated by the Customer (hereinafter the “Administrator“), which the Customer expressly acknowledges and accepts.

The Customer undertakes to inform the Company without delay of any change of Administrator and to provide the contact details of the new Administrator. The Company undertakes to change the Administrator’s e-mail address. The Company will promptly send the new Administrator an e-mail to the address provided by the Customer, containing a confirmation link which the Administrator must click to validate authorization to access the Administrator Account.

Depending on the Subscription taken out, the Administrator may, at his own discretion and under his sole responsibility, which he acknowledges and accepts, allocate personal accounts attached to the Administrator Account from the said Administrator Account, (hereinafter the “Member Accounts“) to enable any person expressly authorized by the Customer to access and use the Services through the Account (hereinafter the “Members”) via an API, without limitation as to the number of Member Accounts.

The Customer acknowledges and accepts that the Company does not under any circumstances verify that the Participating Accounts are operated by persons validly authorized by the Customer and does not exercise any control whatsoever over the said Participating Accounts, which are entirely and exclusively managed by the Administrator.

To create a Member Account, the Administrator sends a pre-established URL invitation link, as indicated on the Administration Account, to the e-mail addresses he/she has freely provided. Invited Members can then access the Services by clicking on the URL link,

The Customer acknowledges and accepts that the information entered for the purposes of creating or updating his Account and/or Member Accounts, where applicable, constitutes proof of his identity or that of the Members. The Company reserves the right, at its own discretion and at any time after registration, to carry out any verification process it deems necessary, in particular concerning the Customer’s e-mail address, identity and/or contact details.

If the password is lost or forgotten, the Customer may ask the Company to reset the password by clicking on the “Forgot password” link on the Platform. A reset link will be sent to the e-mail address given on the Account.

6. Strictly personal use

Only one Account may be created per Customer. The Customer of the Services is considered to be the person whose personal information corresponds to that provided on the registration form, to the exclusion of any other third party.

Depending on the Subscription taken out, when the Customer is a company, only one Administrator Account may be created for the Customer.

The Customer and/or the Administrator and/or the Users therefore undertake to use the Services personally, and not to allow any third party to use them in his or her place or for his or her own account, including another Customer of the Services and/or a User, unless he or she bears full responsibility for doing so.

The Customer is also responsible for maintaining the confidentiality of his login and password as well as those of the User Accounts, and expressly acknowledges that any use of the Services from his Account and/or the Administrator Account and/or the User Accounts will be deemed to have been made by himself.

Should the Customer discover that his Account and/or the Administrator Account and/or the User Accounts are being or have been used without his knowledge, he undertakes to notify the Company as soon as possible, at the address indicated in the article “Platform Operator”.

7. Commercial use

The Customer is authorized to monetize, sell, grant, exchange and, more generally, negotiate all or part of access to the Services with third parties. In such a case, the Customer undertakes to expressly inform the Company as soon as possible.

The Customer acknowledges and accepts that in return for marketing the Services to third parties, the Customer will owe the Company a commission under the conditions detailed in the “Financial Conditions” article (hereinafter the “Commission”).

8. Duration

When the Customer accesses the Services free of charge, these General Terms and Conditions apply for the duration of the Customer’s use of the Services (hereinafter the “Period”).

When access to the Services is subscribed to in the form of a Subscription, the present General Terms and Conditions apply for the entire duration of the Subscription. The Parties expressly agree that the Subscription is taken out by the Customer at his free choice either for an initial term of one (1) year or for a term of one (1) month (hereinafter the “Initial Term“). The Customer acknowledges that he chooses the duration of the Subscription at the time of subscription. By default, the Subscription is taken out for an Initial Period of one (1) month.

The Subscription is renewed by tacit agreement for successive periods of the same duration, under the same terms and conditions, unless terminated under the conditions set out in the “Termination” article below (hereinafter the “Renewal Period”).

The Initial Period and the Renewal Period are referred to herein as the “Period“.

9. Description of Services

Once the Account has been validated, the Customer can access the Services made available on the Platform free of charge, with no time limit. The Customer acknowledges and accepts that he/she may only access certain Services free of charge and/or in an inferior quality at the Company’s discretion, the list of which is specified on the Platform.

The User acknowledges that he/she has been informed that access to certain Services and/or to a higher quality of Services is subject to the subscription of a fee (hereinafter referred to as “Subscription“), under the conditions detailed below in the article “Financial Conditions”. The various Subscription formulas and associated Services are detailed on the Platform.

The Customer also acknowledges that he/she does not have access to the same Services depending on whether he/she is an individual Customer or a professional Customer. The Company alone determines the Services and/or the level of Services it decides to offer to Individual Customers, which the Customer acknowledges and accepts. Details of the Services available to individual Customers are given in the dedicated Subscription package.

The Customer has access to the following Services in the form and by the technical means that the Company deems most appropriate, and according to the Subscription formula chosen.

9.1 Creating a Personal Area

Registration on the Platform automatically results in the allocation of a personal space to the Customer (hereinafter referred to as the “Personal Space“) in a form and according to the technical means that the Company deems most appropriate to enable, in particular, the Customer to:

correct your email address ;
change your password ;
manage the functionalities of your Subscription ;
change your Free Subscription level to a Pay Subscription only ;
review and/or delete recordings of videoconferences broadcast on the Platform;
view your videoconferencing history.

The Company reserves the right to delete, add or modify functionalities in the Personal Space.

9.2 Room availability

Depending on the Subscription formula, the Company provides the Customer with a single videoconferencing channel. The Company may also provide the Customer with several videoconferencing channels (hereinafter referred to as “Rooms“), up to the number of Rooms specified in the Subscription, enabling the Customer to :

Theme each Room ;
Authorize different Users to broadcast videoconferences in the different Rooms created ;
Make Rooms available to third parties in connection with the resale of Services by the Customer to third parties.

The Customer acknowledges and accepts that in this case, billing of royalties is carried out by Room.

9.3 Broadcasting videoconferences in real time

The Company makes available to the Customer, the Platform, tools enabling him to organize live videoconferences accessible by the Participants of his choice, under the conditions defined below.

9.3.1 Preparing the videoconference

In this context, the Customer acknowledges and accepts that he/she must necessarily authorize the Platform to access and use the camera and microphone of the device by which he/she is connected to the Platform in order to benefit from this Service.

The creation of an Account automatically leads to the creation of one or more Rooms, depending on the Subscription taken out. Each Room is linked to a URL address.

Before broadcasting a videoconference, the Customer may, at his own discretion :

Publish the URL link attached to the Room on your social network accounts, and enable access to the videoconference in real time from the social network(s) of your choice.
Send the link to the videoconference to the Participants by email and allow access to the videoconference in real time by clicking on the link. To this end, the Customer enters the email addresses of Participants authorized to access the videoconference directly from his Account in the dedicated tab.

In any event, the Customer acknowledges and accepts that access to the videoconference is necessarily via the URL link, unless otherwise stipulated.

The Customer may, at his discretion, choose to broadcast the videoconference as a public hearing to all Participants who so wish, or by restricting it to Participants of his choice. In this case, the Customer may choose to make access to the videoconference conditional either on a password, on manual validation of access, or on a list of Participants.

9.3.2 Videoconference broadcasting methods

The videoconference is broadcast from the Platform, which Participants can access directly by clicking on the hypertext link provided.

Videoconferencing can also be carried out on any of the following media, or simultaneously on these media, at the customer’s discretion:

from the customer’s private server ;
from one or more social networks.

The Company allows the Customer to broadcast the videoconference, via an API or widget, on third-party services such as Facebook live, Youtube live, Twitch and any other service at the Company’s discretion, subject to any technical incidents that may occur during the processing of the request.

The Customer acknowledges and accepts that he may only broadcast the videoconference on third-party services of the Platform subject to the prior agreement of the Company.

9.3.3 Video conferencing animation

To start the videoconference, the customer must activate the broadcast by clicking on the “Start” tab.

While the videoconference is being broadcast, the customer has access at all times to a number of functions for animating the videoconference, including but not limited to :

activate/deactivate microphone ;
activate/deactivate recording in accordance with the terms and conditions set out in the “Recording and rebroadcasting the videoconference” article;
manage the visibility of Participants who have activated their videos;
manage the intervention of Participants ;
broadcast written and visual content in accordance with the terms and conditions set out in the article entitled “Broadcasting other written and visual content in real time”;
interact with Participants under the terms and conditions set out in the article “Interaction with Participants”;
stop the videoconference, which will disconnect all Participants.

The Customer may also designate videoconference moderators (hereinafter the “Moderators”), by sending a freely chosen password to the e-mail address indicated by the Customer. The Moderators may be appointed from among the Participants. The Moderator has access to all the moderation functions detailed above.

During the broadcast, the Customer receives real-time notifications of available interactions with Participants and of any connection, microphone and/or video problems that may have occurred during the videoconference.

9.2.4 Integrating other written and visual content into videoconferencing in real time

The Company allows the Customer to share written content with the Participants, or links with the Participants and Moderators during the videoconference (hereinafter the “Written Content”), using the technical means that the Company deems most appropriate.

The Customer may stop sharing Written Content at any time.

In addition, depending on the Subscription taken out, the Customer can create simplified videos based on the templates created by the Company and/or augmented videos by integrating his own content into the Company’s simplified video templates (hereinafter the “Videos”), using a tool integrated into the Platform, and broadcast them during the videoconference.

In any event, the creation and integration of written Content or Videos in videoconferences is the sole responsibility of the Customer, and the Company may not under any circumstances be held liable for the integration of said written Content or Videos made in violation of the rights of third parties, which the Customer expressly acknowledges and accepts.

9.3 Interaction with Participants

The Company allows the customer to activate and deactivate instant messaging during each videoconference.

Subject to having subscribed to a Subscription, he/she can designate Moderators as well as persons in charge of moderating discussions during the videoconference (hereinafter the “Moderators”), by entering their e-mail addresses and a password allowing them access.

The Customer may create public discussions, visible to all Participants, and authorize :

Participants freely designated by the Customer to write messages;
all Participants to write messages.

Otherwise, only the Customer and the Moderators, if any, will be authorized to write messages.

During the videoconference, the Customer, the Moderators and the Moderators, if any, can also create private discussions with the Participants of their choice, who will have sole access to the messages in the private discussion.

The “instant messaging” functionality enables the Customer, his Moderators and Moderators, if any, to carry out surveys in real time during the videoconference.

The customer may delete messages from private and/or public discussions at any time by clicking on the “clear history” tab. They can also delete a specific message by clicking on “delete” on the message in question.

9.4 Recording and replaying videoconferences

The customer can choose to record all or part of the videoconference, by activating the “Recording” function on the Platform, and can deactivate and reactivate the recording at any time during the videoconference.

The recording is immediately available at the end of the videoconference broadcast on the Platform. The Company sends the URL address enabling access to the recording by e-mail to the address indicated by the Customer when creating his/her Account.

Customers can also access recordings from their Personal Space.

He may publish the recordings on a deferred basis under the same conditions as those set out in the article “Broadcasting videoconferences in real time”. He may also, depending on the Subscription package subscribed to, rebroadcast the videoconferences recorded on the Platform, on private RTMP servers, on RTMP servers partnered with the Company and, subject to the Company’s prior agreement, on third-party servers.

Videoconferences (including the written Content and Videos broadcast) are stored on the Company’s servers, under the terms and conditions set out in the “Hosting” article.

They can be downloaded by the customer at any time from his Personal Area. The customer may also delete videoconferences, at his discretion and at any time, from his Personal Area. The customer acknowledges that any deletion of a videoconference file is final and that the Company cannot be held liable in this respect.

9.5 Statistics

Depending on the Subscription taken out, the Company allows the Customer to view the number of Participants in each videoconference broadcast on the Platform in his Personal Area.

The Company reserves the right to generate statistical data through a third-party service provider or by itself, at the Company’s discretion, which the Customer acknowledges and accepts.

9.6 White-label provision of the Platform

Depending on the Subscription taken out, the Customer can personalize the Platform from his Personal Space, according to the criteria and means made available by the Company.

The Customer may integrate any graphic and visual content into the Platform (hereinafter referred to as the “Graphic Content“), it being understood that the Graphic Content remains the full and complete property of the Customer.

The Personalized Platform is accessible in either of the following forms:

from the Company’s domain;
from a dedicated domain for the Customer, entirely independent of the Company’s domain.

The Customer acknowledges and accepts that the Platform will be integrated by installing an API on its website, at the URL address indicated by any means deemed useful by the Company, subject to any technical incidents that may occur during the processing of the request.

With effect from the integration of the Platform, the Company grants the Customer, for the entire duration of these General Terms and Conditions, the non-exclusive, personal and non-transferable right to use the Platform on a white label basis, in its version existing on the date of signature of these General Terms and Conditions, as well as future versions and their technical documentation, for the sole purpose of use and exploitation within the framework of its professional activity, to the exclusion of any direct and exclusive commercial exploitation of the Platform without the prior agreement of the Company.

9.7 Support and technical assistance

The Company offers Subscription customers support and technical assistance, the terms of which vary according to the Subscription package chosen, as described at the following address: https://www.blastream.com/v2/fr/tarifs/

9.8 Other services

The Company reserves the right to offer any other Service, in a form and according to the functionalities and technical means it deems most appropriate for providing said Services.

In particular, the Company reserves the right to offer the Customer any other paying service, at its own discretion.

10. Financial terms and conditions

Except where the Customer uses the Services free of charge, the Services are invoiced to the Customer according to the Subscription formula subscribed to. The Customer acknowledges that he/she has been informed that the Company offers different levels of Subscription based on :

the Customer’s legal status. The Customer acknowledges and accepts that certain Subscriptions are reserved for individual Customers and that Professional Customers may not subscribe to them.
the Services offered in each package and any restrictions on access to or use of said Services.

Once an Account has been opened, the Customer may subscribe at any time to one or other of the Subscription packages offered, at the Company’s discretion. Otherwise, the Customer only benefits from the Services included in the free offer, as detailed on the Platform.

To subscribe to a Subscription, the Customer must complete the subscription form issued electronically by the Company on the Platform, filling in all the required information, including surname, first name, registered office address, company name if applicable, VAT number and URL address of the Customer’s website, as well as bank details. The Customer must also tick the box “I have read and accept the general terms and conditions of use and sale”.

When the Customer takes out a subscription reserved for individual Customers or organizations such as associations and universities, he/she certifies on his/her honour that he/she does not use the Services for commercial purposes. The Customer acknowledges and accepts that the Company reserves the right to verify the Customer’s legal status and to switch the Customer, at its discretion, to a Subscription package corresponding to the Customer’s legal status. The Customer will be notified by e-mail.

In return for the provision of the Services, the Customer agrees to pay the price specified in the Subscription formula subscribed to for the entire Subscription Period.

Prices are given in euros and are exclusive of tax.

Amounts paid by the Customer for Services are non-refundable.

It is agreed between the Parties that the Customer will pay the Subscription price directly on the Platform, by credit card, via the payment service provider chosen by the Company and indicated on the Platform (hereinafter the “Payment Service Provider“), which the Customer acknowledges and accepts.

Each Customer contracts directly with the Payment Service Provider and acknowledges and accepts that registration for the Services implies full acceptance of the Payment Service Provider’s general terms and conditions of use by checking the corresponding box when opening an Account.

The price will be paid as follows:

if the Subscription is taken out for a renewable period of one (1) year, payment will be due in a single instalment, on the subscription date and on each renewal date.
If the Subscription is taken out for a period of one (1) month, payment is due at the beginning of each month.

The Company undertakes to send the Customer an invoice at the beginning of each Period. Payment shall be due within thirty (30) days of the invoice date at the latest.

In the event that the Customer is authorized by the Company to market the Services to third parties, the Parties agree that the Customer will pay a commission for each sale of Services to a third party. The amount of the commission is calculated on the sales price of the Services, exclusive of tax. The applicable commission percentage is that indicated on the Platform, by any means deemed useful, at the time the Subscription is taken out.

In this context, the Customer undertakes to send the Company, at the end of each current Period, the sales (excluding VAT) generated by the marketing of the Services to third parties, in order to enable the Company to draw up the invoice corresponding to its commission.

The Company reserves the right, at any time, to carry out and/or have carried out, by any independent service provider of its choice, an audit of the Customer’s accounts, which the Customer acknowledges and accepts.

11. Hosting

The Company undertakes to provide, on a best-efforts basis, hosting of the Platform in accordance with industry practice and the state of the art, on its own servers or by a professional hosting provider operating in accordance with industry practice and the state of the art.

In this context, the Company undertakes to provide the Customer with sufficient storage and processing capacity for the Services, in accordance with industry practice and the state of the art.

The Company undertakes to implement all state-of-the-art technical means necessary to ensure the security of and access to the Services, including the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, and the implementation of detection, prevention and recovery measures to protect servers from malicious acts.

The Company also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized third parties.

12. Service level guarantee

The Company undertakes to ensure the permanence, continuity and quality of access to the Services for the entire duration of the Account opening, in accordance with the service levels indicated in the Order Form.

In this respect, the Company will use its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in cases of force majeure or scheduled maintenance.

Furthermore, in view of the complexity of the Internet, the unequal capacities of the various sub-networks, the influx at certain times, and the various bottlenecks over which the Company has no control, the Company’s liability will be limited to the operation of its servers, the outer limits of which are constituted by the connection points.

The Company cannot be held responsible for (i) access speeds to its servers, (ii) slowdowns external to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks.

If necessary, the Company reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operations. In such a case, the Company undertakes to inform the Customer in advance by any useful means of these maintenance and/or improvement operations. In this event, the Company undertakes to inform the Customer by any useful means, and in particular by means of a general information message on the Platform’s home page, of such maintenance operations.

As part of these maintenance and/or upgrade operations, the Company undertakes to use its best efforts to back up the content stored on the Customer Personal Space.

The Customer acknowledges and accepts that this service level guarantee does not cover any failure or interruption of the Services caused by telecom operators or Internet and mobile web access providers.

In any event, it is expressly agreed between the Parties that the breach of any commitment provided for in the present article may under no circumstances be sanctioned by the breach of the General Terms and Conditions, and its liability will be limited under the conditions provided for hereinafter in the “Liability” article.

13. Intellectual property

Subject to the intellectual property rights belonging to the Customer or third parties, the systems, software, structures, infrastructures, databases, codes and content of any kind (texts, images, visuals, logos, trademarks, databases, etc.) used by the Company on the Platform, as well as the Platform itself and the APIs, are protected by all intellectual property rights or database producers’ rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company is strictly prohibited and may be subject to legal action.

14. Customer’s obligations and warranties

Without prejudice to the other obligations provided for herein, the Customer undertakes to comply with the following obligations.

In using the Services, the user undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. He/she is also solely responsible for fulfilling all formalities and payments of any kind that may be required in connection with his/her use of the Services.
The Customer acknowledges that he/she is solely responsible for his/her use of the Services, and in particular for the relationships and interactions he/she may establish with the Participants and for the information he/she communicates to them in the context of a videoconference. He/she also acknowledges that the use of the Services is carried out under his/her sole responsibility and that he/she may not hold the Company liable in this respect.
The Customer acknowledges that he/she is aware of the characteristics and constraints, particularly technical, of all Services.
It undertakes to provide the Company with all documents, elements, data and information necessary for the proper performance of the Services. More generally, he/she undertakes to cooperate actively with the Company with a view to the proper performance hereof, and to inform the Company of any difficulties arising in connection with such performance.
The Customer is hereby informed and accepts that the implementation of the Services requires him to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
Finally, the Customer acknowledges that the Services offer an additional, alternative solution for broadcasting videoconferencing, written and visual content in real time, and that this solution is not a substitute for other means that the Customer may have at his disposal to achieve the same objective.

Each Customer warrants to the Company that he/she has all the rights and authorizations required for the use and/or distribution of content of any kind (editorial, graphic, photographic, logo, brand or other) in connection with the use of the Services. He/she undertakes to ensure that said content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of the Company.

The Customer hereby refrains from distributing, in particular and without this list being exhaustive :

pornographic content to which minors may have access, in any case obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist;
infringing content;
content damaging to the image of a third party;
misleading or deceptive content or content proposing or promoting illegal, fraudulent or deceptive activities;
content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.);
and more generally any content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.

In this context, the Customer guarantees the Company against any complaint, claim and/or action by any third party claiming that the content constitutes a violation of its rights, whatever they may be, and in particular its intellectual property rights, image rights and privacy rights. Consequently, the Customer undertakes to compensate the Company for any loss it may suffer, and to bear all damages, costs, charges and expenses which the Company may be ordered to pay, or which may be provided for in a settlement agreement signed by the Company after obtaining the Customer’s prior consent.

15 Confidentiality

Throughout the period during which the Account is open and for a period of three (3) years after the Account is closed, the Parties undertake to keep strictly confidential all information and documents, of any nature whatsoever, which they may have received from each other in execution of the present and/or constituted in execution of the present.

16. Unsubscribe

16.1 Account closure

Any Customer may unsubscribe from the Services at any time and terminate the present General Terms and Conditions, without having to justify his decision, provided that he notifies the Company by any means deemed useful by the Company.

Unsubscription is effective within a maximum of one (1) month of the request for unsubscription.

In the case of a Subscription, either Party may terminate the present General Terms and Conditions, without having to justify its reasons, at the end of the initial Period or of each Renewal Period, subject to notifying the other Party (by email) at least three (3) months before the end of the current Period. Termination for default

In the event of a breach by the Customer of any of its obligations under these General Terms and Conditions, which has not been remedied within thirty (30) calendar days of notification of said breach, the Company may, ipso jure and without legal formalities, terminate these General Terms and Conditions and close the Customer’s Account.

Termination of the present contract shall be without prejudice to any damages to which the Company may be entitled as a result of the Customer’s breach and to any penalties which may be due to the Company.

16.2 Termination for default

The Customer acknowledges and accepts that termination of the Services, for whatever reason, will result in the definitive closure of the Account and, where applicable, of the User Accounts, and that he/she will no longer have access to his/her Personal Space.

The Company undertakes to promptly delete any Content and/or information stored on the Customer’s Personal Space.

The Customer expressly acknowledges that the Company may not be held liable for any loss or alteration of information stored in the Personal Space after closure of the Customer’s Account, whatever the cause, and in particular as a result of maintenance and/or updating operations on the Platform.

16.3 Consequences of termination of Services

The Company undertakes to promptly delete any Content and/or information stored on the Customer’s Personal Space.

17. Reversibility

This article applies only to Customers who have subscribed to a Subscription that includes this Service.

At the end of the present General Terms and Conditions, for whatever reason, the Company undertakes to carry out the operations which will enable the Customer to resume the Services, or have them resumed by a third party, under the best possible conditions in order to avoid any interruption of the Services. The request for reversibility must be notified by the Customer to the Company by registered letter with acknowledgement of receipt, within 90 working days of the termination of the present contract as provided for in the termination article above.

The Parties agree that reversibility will consist in providing the Customer with a simple static extraction of the data at the date of termination of the present contract, in a universal file, which can be reintegrated into a third-party solution.

It is expressly agreed between the Parties that the Company will be relieved of its obligation to carry out reversibility until the Customer has paid all invoices issued by the Company in respect of the performance hereof, except in the event of a dispute between the Parties concerning one or more invoices, in particular as to the amount thereof.

18. Prohibited behaviour

It is strictly forbidden to use the Services for the following purposes:

carrying out illegal or fraudulent activities, or activities that infringe on the rights or safety of third parties,
undermining public order or violating applicable laws and regulations,
intrusion into a third party’s computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
and more generally any practice that misuses the Services for purposes other than those for which they were designed.

Customers are strictly forbidden to copy and/or misappropriate the concept, technologies or any other element of the Platform for their own purposes or those of third parties.

The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the Company’s systems, (iii) any misappropriation of the Platform’s system resources, (iv) any actions likely to impose a disproportionate load on the latter’s infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of the Company, and more generally (vii) any breach of these General Terms and Conditions.

19. Penalties for breaches

In the event of a breach of any of the provisions of these General Terms and Conditions or, more generally, of any violation of laws and regulations by the Customer, the Company reserves the right to :

temporarily or definitively suspend, without delay, access to the Services of the Customer who has committed the breach or infringement, or who has participated in it, and in particular, in the event of the provision of erroneous, incomplete, misleading or out-of-date information at the time of registration,
take all appropriate measures and institute legal proceedings,
if necessary, notify the competent authorities, cooperate with them and provide them with all information required to investigate and punish illegal or illicit activities.

In the event of failure by the Customer to comply with an essential obligation arising from these General Terms and Conditions, or of repeated breach thereof, the Company reserves the right to terminate the Customer’s access to all or part of the Services, with immediate effect, by e-mail. Termination takes effect automatically on the date of dispatch by the Company of the written notice sent to the Customer in application of the present clause. It automatically entails, without prior notice, the deletion of the Account, without prejudice to any other consequences that may arise in application of the present General Terms and Conditions.

20. Limitations of liability and warranty of the Company

The Company undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts.

The Customer acknowledges that the Company’s involvement is limited to the provision of the Services. The Company has no knowledge of content of any kind that may be put online by the Customer and/or the Administrator and/or Users during videoconferences, nor of content put online by other users of the services it offers, on which it performs no moderation, selection, verification or control of any kind, and in respect of which it acts solely as a hosting provider.

Consequently, the Company cannot be held responsible for said content, the authors of which are third parties, and any claim must be directed in the first instance to the author of the content in question.

In addition, with specific regard to Participants’ access to content via the Platform, the Company acts as a broker in that it provides Customers with technical tools and resources enabling them to enter into contact via the Platform. The Company’s liability is limited to the provision of these resources, as described herein, and to putting Customers in contact with Participants, to the exclusion of any other service.

The Company shall in no event be a party to any dispute whatsoever between Customers and Participants.

Finally, the Company does not guarantee the Customer that :

the Services, subject to constant research to improve performance and progress, will be totally free of defects, errors or faults;
the Services are standard and are not offered solely for the Customer’s own personal use, but will specifically meet the Customer’s needs and expectations;
the Platform will operate in an uninterrupted manner, with the Company reserving the right to temporarily interrupt access to the Platform for maintenance purposes under the conditions set out in the “Service Level Guarantee” article, and cannot under any circumstances be held responsible for disruptions or failures in the Internet or telecommunications network, or more generally for circumstances beyond its control or resulting from force majeure;

Subject to these reservations, the Company may be held liable under the conditions of common law solely for direct damage suffered by the Customer, resulting from a breach of its contractual obligations as defined herein.

The Customer therefore waives the right to claim compensation from the Company for any indirect damages whatsoever, and in particular loss of profit, loss of opportunity, commercial or financial loss, increased overheads or losses originating from or resulting from the performance hereof.

In any event, the liability of the Company that may be incurred hereunder shall be expressly :

limited to an amount that may not exceed the amount invoiced by the Company for the Subscription for the current Period in the event of a Subscription subscription;
excluded if the Customer accesses the Services free of charge.

The Company may only be held liable if the Customer has made a claim by registered letter with acknowledgement of receipt, within one (1) month of the said occurrence.

21. Personal data

Each Party declares that it complies with all the legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular to guarantee the security and confidentiality of the data collected and processed.

The Company’s personal data protection policy is set out in the document entitled “Personal Data Protection Charter”, which can be accessed on the Platform’s home page and which the Customer is expressly invited to read.

In particular, the Company declares that it complies with all the legal and regulatory obligations incumbent upon it in terms of the protection of personal data, with a view in particular to guaranteeing the security and confidentiality of data collected and processed on its own behalf in its capacity as data controller.

The Company is in no way responsible for any processing of personal data carried out by the Customer in connection with the Customer’s activities carried out via the Platform, and to which the Company is totally unrelated. It is the Customer’s responsibility, where applicable, to comply with all regulatory obligations in this respect.

The Customer hereby acknowledges and accepts that it is entrusting the Company, as a subcontractor, with the processing of personal data carried out by the Customer in the context of the Services. The Company expressly undertakes to carry out the said operations on behalf of the Customer and on the Customer’s instructions.

In this respect, it is expressly agreed between the Parties that the Company shall not divulge, exploit and/or market, in any form whatsoever, directly or indirectly, in any manner whatsoever, the data collected by the Customer from Participants as part of the use of the Services.

As part of their contractual relationship, the Parties undertake to comply with the regulations in force applicable to the processing of personal data and in particular with the European Data Protection Regulation n°2016/679 of April 27, 2016. In this respect, they undertake to comply with the subcontracting clauses appended to this document.

In particular, the Customer expressly guarantees that the Company has complied with all its legal and regulatory obligations with regard to the protection of personal data relating to the collection and processing of data collected and processed by Users from Participants as part of the use of the Services.

22. Advertising

In the case of free Subscriptions, the Company reserves the right to insert, on any page of the Platform and in any communication to the Customer, any advertising or promotional messages in a form and under conditions to be determined by the Company.

23. Links and third-party sites

The Company shall in no event be held liable for the technical availability of websites operated by third parties (including any of its partners) to which the Customer may have access via the Platform.

The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.

The Company is also not responsible for transactions between the Customer and any advertiser, professional or merchant (including any of its partners) to whom the Customer may be directed via the Platform, and shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.

24. Social regulations

The Company declares that it complies with current tax and social legislation, is up to date with the payment of social security contributions and is able to provide proof of compliance with the various obligations applicable in this respect, at the Customer’s request. The Company shall provide the Customer, at the Customer’s request and as often as necessary, until the end of the performance hereof, with the following documents:

An identification card proving registration in the Trade Register or an extract from the Trade and Companies Register dated less than three (3) months (K-bis extract);
A certificate from the social security organization responsible for collecting the Company’s social security contributions;
A sworn statement by the Company certifying that it has filed all mandatory tax returns with the tax authorities at the date of the statement, and that the work will be carried out by employees duly employed under the French Labor Code.

25. Insurance

Each of the Parties guarantees, where applicable, that the other Party has taken out the necessary insurance policies to insure and guarantee the consequences of its professional civil liability in the event that it is incurred, so as to cover the pecuniary consequences of the damage for which it would be liable.

Each of the Parties undertakes to maintain such insurance policies for the entire duration of the performance hereof. Each Party undertakes to produce the corresponding insurance certificates at the first request of the other Party.

Any modification, suspension or termination of the insurance policies by either Party shall be brought to the attention of the other Party without delay by registered letter with acknowledgement of receipt sent to the address of the other Party as indicated at the head of the present document.

26. Independence between the Parties

The Parties hereto are legally independent of each other. Each Party acts in its own name and on its own behalf. None of the stipulations of the present Special Terms and Conditions may be interpreted as creating between the Parties a company, a joint venture, a mandate, a subsidiary, a relationship of agents or employees to employer, an association.

Each Party remains responsible for its acts, allegations, commitments, services, personal products and data. Neither Party may hold the other Party liable in any way whatsoever for its acts, allegations, commitments, services, personal products or data.

27. Transfer

The Parties agree that the General Terms and Conditions may not be assigned or transferred, in whole or in part, in any form whatsoever, by either Party to any third party, without the prior written consent of the other Party.

By way of exception, the Company may assign all or part of these General Terms and Conditions, in any form whatsoever, to any subsidiary within the meaning of Articles L.133-2 and 3 and L.233-16 of the French Commercial Code, or to any other legal entity that may take its place as a result of a merger, demerger, partial contribution of assets or other equivalent transaction. The transfer will be effective by simple notification to the Customer by registered letter with acknowledgement of receipt.

28. Waiver

The fact that one of the Parties has not exercised any right or power pursuant to the provisions of these General Terms and Conditions, or has exercised it late, shall not be construed as a waiver to exercise all or part of such right or power, and any single or partial exercise of any right or power shall not prevent a further exercise of such right or power.

29. Force majeure

Neither Party shall be liable to the other Parties in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of an event of force majeure. In particular, cases of force majeure are those generally recognized by French courts and jurisprudence.

The occurrence of a force majeure event will initially suspend performance of the Services for a period not exceeding three (3) months. Should the case of force majeure continue beyond the aforementioned period, the Parties may terminate the present General Terms and Conditions, ipso jure, without legal formalities, without notice and without entitlement to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.

30. Nullity

Should any provision of these General Terms and Conditions be declared null and void or inapplicable by reason of any law, regulation or final decision of a competent court, only that provision shall be null and void, and the other provisions shall remain in full force and effect.

31. Modification of the General Terms and Conditions

The Company reserves the right to modify these General Terms and Conditions at any time, and in particular the right to modify and/or stop offering all or part of the Services, at any time at its own discretion.

The Customer will be informed of these modifications by any useful means, at least thirty (30) days before they come into force. The modified General Terms and Conditions will apply immediately.

Customers who do not accept the modified General Terms and Conditions must unsubscribe from the Services before the modified General Terms and Conditions come into force.

Any Customer who uses the Services after the entry into force of the modified General Terms and Conditions is deemed to have accepted these modifications, which will be fully applicable.

32. Mediation

In the event of a dispute relating to these General Terms and Conditions, the individual Customer who uses the Services reserved for him/her outside of any professional activity and for his/her private needs only, to the express exclusion of the professional Customer, has the right to have recourse free of charge to a consumer mediator in accordance with the provisions of article L.612-1 of the French Consumer Code, prior to bringing any action before the competent courts.

The individual customer also has the option of filing a complaint via the online dispute resolution platform (known as the “RLL” platform) accessible via the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.

Should the appointment of a mediator or the mediation itself fail, the most diligent Party may refer the matter to the competent court in accordance with the terms of the article below.

33. Applicable law and jurisdiction

These Terms and Conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or performance of these General Terms and Conditions, the Parties agree that the courts of Paris shall have exclusive jurisdiction, unless otherwise stipulated.

34. Entry into force

The present Terms and Conditions came into force on 17/05/2021.

APPENDIX SUBCONTRACTING

Description of outsourced processing

The Company is authorized to process on behalf of the Customer the personal data of the Participants necessary to provide the Services and perform the operations as described in these General Terms and Conditions.

The Customer indicates to the Company that the purpose of the processing is to create a file of Participants and to monitor the history of videoconferences broadcast.

The personal data processed is collected by Users as part of the Services (hereinafter together the “Data”).

The Company’s obligations to the Customer

The Company undertakes to :

Process Data only for the purposes for which it is outsourced;
Process the Data in accordance with the Customer’s documented instructions. If the Company considers that an instruction constitutes a breach of the European Regulation or any other provision of applicable French law, it will immediately inform the Customer. In addition, if the Company is required to transfer Data to a third country or to an international organization under EU or French law, it must inform the Customer prior to processing, unless the relevant law prohibits such information for reasons of public interest.
To guarantee the confidentiality of personal data processed within the framework of the present contract.
Ensure that persons authorized to process Data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data.
Take into account the principles of data protection by design and data protection by default for its tools, products, applications and services.
The Company is authorized to use Scaleway, located in France, to host the Data. In the event of the recruitment of other subcontractors, the Company must obtain the Customer’s specific prior written authorization. The subsequent subcontractor will be required to comply with the obligations of these General Terms and Conditions on behalf of and in accordance with the instructions of the Customer. It is the Company’s responsibility to ensure that the subsequent subcontractor presents the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the European Data Protection Regulation. If the subsequent subcontractor fails to meet its data protection obligations, the original subcontractor remains fully liable to the Customer for the other subcontractor’s performance of its obligations.
It is the Customer’s responsibility to provide information to the persons concerned by the processing operations at the time the Data is collected.
Insofar as possible, the Company shall assist the Customer in fulfilling its obligation to provide data in response to requests to exercise the rights of the persons concerned. In this context, when the persons concerned make such requests to the Company, the Company must send these requests to the Customer as soon as they are received, by e-mail to the address given by the Customer at the time of registration;
The Company shall notify the Customer of any personal data breach within 72 hours of becoming aware of it, by e-mail. This notification shall be accompanied by any useful documentation to enable the Customer, if necessary, to notify the relevant supervisory authority of the breach.
The Company assists the Customer in carrying out a Data Protection Impact Analysis and in prior consultation with the supervisory authority.

At the end of the Data processing services, the Company undertakes to destroy all Data.
The Company informs the Customer of the name and contact details of its Data Protection Officer, if one has been appointed;
The Company declares that it keeps a written record of all categories of processing activities carried out on behalf of the Customer as of May 25, 2018.
The Company shall make available to the Customer the documentation necessary to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the Customer.

Customer’s obligations to the Company

The Customer undertakes to :

Provide the Company with the Data referred to herein;
Document in writing any instructions concerning the Company’s data processing.
Ensure, beforehand and throughout the processing period, compliance with the obligations set out in the European Regulation;
Supervise treatment.