These General Terms of Use (GTU) govern access to and use of the services provided by Skallup (the "Company"), a simplified joint stock company registered with the Lille Métropole Trade and Companies Register under number 952 771 509, having its registered office at 87 rue du Fontenoy, 59100 Roubaix.
For any correspondence, please contact the Company at the following address: [email protected]
The digital services for the design and distribution of marketing content provided by the Company (the "Services") include the creation of short video content, also referred to as "Shorts" or "Short Videos".
Customers, as well as their collaborators (the "Users"), are able to create this content directly using the software accessible on the website www.playshorts.io the "Software"). The Company also offers a video integration and creation service based on an editor and a capture application made available by the Company, referred to as the "Editor".
The Company's general terms and conditions (referred to as "General Terms and Conditions") represent the exclusive document that governs the contractual relationship between the Company and the Client. They define:
- The terms of use of the Services
- The respective obligations of the parties
- Location of the general terms and conditions
The Client can consult them via a direct link located at the bottom of the Company's website at this address: www.playshorts.io.
The Client adheres to the General Terms and Conditions by checking a box in the registration form. In the event of refusal of all of the General Terms and Conditions, access to the Services is impossible. These conditions may be supplemented by specific conditions which, in the event of contradiction, prevail over the General Terms and Conditions.
(i) The Customer, a legal entity, operates through a natural person with the necessary power or authorization to enter into contracts in the name and on behalf of the customer.
(ii) The Customer has the status of professional, encompassing all natural or legal persons acting in the context of their commercial, industrial, craft, liberal or agricultural activity, including when they act in the name or on behalf of another professional.
5.1 Demonstration RequestThe Customer may request a demonstration of the Services by clicking on the dedicated button on our website (the “Platform”). The Company reserves the right to refuse any request that does not meet the conditions stipulated in the article "Terms of Use of the Services".
5.2 Demonstration Request Form
The Customer must complete the demonstration request form by providing all the mandatory information requested by the Company.
5.3 Confirmation of the Demonstration
Following the request, the Company will contact the Customer via the email address or telephone number provided, in order to arrange a date for the Demonstration.
5.4 Selection and Confirmation of Services
The Customer may choose the service that best suits their needs, with the possibility of modifying or deleting it before confirming their order and accepting these general terms and conditions of sale.
5.5 Finalizing the Order
The Customer must then enter their contact details or log in to their customer area. Once the information has been validated, the order will be considered final, implying payment by the Customer in accordance with the specified terms.
The Customer can access the Services by going directly to the Platform.
7.1 Communication Prior to Membership
Prior to joining, the Client certifies that he/she has read the characteristics inherent to the Services, whether during the Demonstration or on his/her own initiative. The Client acknowledges:
- Having read the characteristics and constraints, in particular technical, of the Services.
- That the implementation of the Services requires being connected to the internet and that the quality of the Services depends on this connection, for which the Company is not responsible.
7.2 Content of the Subscribed Services
The subscribed Services include, among other things:
a. The creation of Video Shorts using a specific design tool integrated into the Software.
b. The integration of Video Shorts on its e-commerce platform. The Company may also offer other Services. Any modification of the subscribed Services will require a new membership.
7.3 Responsibility for Personal Use of the Software
The Client assumes full responsibility for the personal use of the Software by Users.
7.4 Additional services
- Technical Assistance
In the event of difficulty, the Customer may contact the Company using the contact details mentioned in the article "Identification of the Company". Technical assistance is available from Monday to Friday, from 9 a.m. to 7 p.m., excluding public holidays or bank holidays. The Company will inform the Customer.
- Data Hosting
The Company provides hosting of the Software and data on servers located in the European Union, through a professional hosting provider.
- Maintenance of Services
The Customer benefits from corrective and evolutionary maintenance during the term of the Services. The Company strives to provide corrective maintenance to correct malfunctions of the Software. Evolutionary maintenance includes improvements to the Software's functionalities and can be carried out automatically by the Company.
The Customer commits to the Services by means of a payment called “Subscription”.
The Subscription takes effect on the subscription date for an initial period stipulated in the selected subscription plan.
It is automatically renewed, for consecutive periods of the same duration as the initial period according to the selected Subscription, unless the Customer terminates it in accordance with the provisions of “End of Services” or “Modification of the General Conditions”.
9.1 Service Rates
The rates for the Services subscribed to by the Customer are detailed on the Platform or on the invoice issued to the Customer.Any period started is due in full. The Company reserves the right to offer promotional offers or apply price reductions. The Company's rates may be revised at any time, according to the conditions specified in the article "Modification of the General Conditions".
9.2 Billing and Payment
Payment is processed via the Stripe platform. The Customer certifies that they have the necessary authorizations to use this payment method.
9.3 Consequences in the event of Default or Late Payment
In the event of default or late payment, the Company reserves the right, from the day following the due date mentioned on the invoice, to immediately suspend the Services in progress.
10.1 Intellectual Property Rights on the Software
The Platform is the property of the Company, as are the software, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, etc.) that it operates.
They are protected by all intellectual property rights or rights of database producers in force. The license that the Company grants to the Client does not entail any transfer of ownership. The Client benefits from a non-exclusive, personal and non-transferable SaaS mode license to use the Platform for the duration provided for in the article "Duration of the Subscription to the Services".
10.2 Intellectual property rights over the content of the Video Shorts
These General Conditions have no impact on the pre-existing intellectual property rights of the Customers concerning the content imported in the context of the use of the Services.
Consequently, the Customer retains all intellectual property rights over the content of any nature that it makes public on the Software in the context of the creation of the Video Shorts. Furthermore, the Company grants to the Customers all the copyright property rights relating to the Video Shorts that they produce using the Software.
10.3 Use of the Client's personality rights (image, name and voice) by the Company
The Client undertakes to obtain formal authorization for the use of the image (and, where applicable, the name and/or voice) of Users and/or any other natural person whose personality attributes could be recorded in the Video Shorts, as well as in the broader context of the Services, for the purpose of promoting the Company's activity.
During the period of their contractual relationship and up to three years after its termination, the Company is authorized to use the Client's names, brands, logos and Video Shorts, as well as to refer to its platform and its results for commercial reference purposes.
11.1. Regarding the provision of information
The Client undertakes to provide the Company with all the information necessary for the subscription and use of the Services.
11.2 . Regarding the Client's Account
The Client:
- Guarantees that the information transmitted in the form is accurate and undertakes to update it.
- Acknowledges that this information constitutes proof of his identity and binds him upon validation.
- Is responsible for maintaining the confidentiality and security of his username and password. Any access to the Platform using these is deemed to have been made by him.
The Client must immediately contact the Company using the contact details mentioned in the article "Identification of the Company" if he notices that his Account has been used without his knowledge. He acknowledges that the Company will have the right to take all appropriate measures in such a case.
11.3 . Regarding the use of the Services
The Customer is responsible for his use of the Services and any information he shares in this context or the decisions he makes in this context of said use.
He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.
The Customer undertakes not to divert the Services for purposes other than those for which they were designed, and in particular to:
- carry out an illegal or fraudulent activity,
- undermine public order and morality,
- harm third parties or their rights, in any way whatsoever,
- violate a contractual, legislative or regulatory provision,
- carry out any activity likely to interfere with the computer system of a third party, in particular for the purpose of violating its integrity or security,
- carry out maneuvers aimed at promoting his services and/or sites or those of a third party,
- help or incite a third party to commit one or more acts or activities listed above.
The Client also undertakes not to:
- copy, modify or divert any element belonging to the company or any concept that it uses within the framework of the Services- adopt any behavior likely to interfere with or divert the Company's computer systems or undermine its computer security measures,
- undermine the financial, commercial or moral rights and interests of the Company,
- market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to the Company.
The Client assumes responsibility for the content of any nature that it distributes within the framework of the Services.
TheClient guarantees and agrees to remove, at the request of the Company, any marketing content that infringes the rights of third parties.
The Client undertakes not to distribute any content (non-exhaustive list):
- Violating public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist);
- Violating the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision;
- Harmful to third parties in any way;
- False, misleading or proposing or promoting illicit, fraudulent or misleading activities;
- Harmful to third party computer systems.
The Client guarantees the Company against any claim and/or action that may be brought against it following the violation of one of the Client's obligations.
The Client will compensate the Company for the damage suffered and reimburse it for all sums that it may have to bear as a result.
12.1 Concerning the quality of the services
The Company makes its best efforts to provide the Client with quality Services.
To this end, it regularly carries out checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the article "Maintenance".
The Company is nevertheless not responsible for temporary difficulties or impossibilities of accessing its Services which may originate from:
- circumstances external to its network (and in particular the partial or total failure of the Client's servers or third-party services),
- the failure of equipment, cabling, services or networks not included in its Services or which is not under its responsibility,
- the interruption of the Services due to telecom operators or internet access providers,
- the intervention of the Client, in particular via an incorrect configuration applied to the Services,
- a case of force majeure.
The Company is responsible for the operation of its servers, the external limits of which are constituted by the connection points.Furthermore, it does not guarantee that the Services:
- subject to constant research to improve in particular their performance and progress, will be totally free of errors, defects or faults,
- being standard and in no way offered according to the personal constraints of the Client, will specifically meet their needs and expectations.
12.2 . Concerning the Platform's service level guarantee
The Company makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week except in the event of planned maintenance under the conditions defined in the "Maintenance" article or force majeure.
12.3 . Regarding the backup of data on the Platform
The Company makes its best efforts to backup all data produced and/or entered by/on the Platform. Except in the event of proven faults on the part of the Company, it is nevertheless not responsible for any loss of data during maintenance operations.
12.4 . Regarding data storage and security
The Company provides sufficient storage capacity for the operation of the Services. The Company makes its best efforts to ensure data security by implementing measures to protect the infrastructure and the Platform, detect and prevent malicious acts and recover data.
12.5. Regarding advertising on the Platform
The Company may publish and/or send the Client any advertising or promotional messages, in particular by referring them to third-party platforms.However, the Company is not responsible for: the technical availability and the content, products and/or services of these platforms, the Client's relationships established through these platforms.
12.6 . Regarding the use of subcontracting and assignment
The Company may use subcontractors in the context of the execution of the Services, who are subject to the same obligations as its own in the context of their intervention. However, it remains solely responsible for the proper execution of the Services with respect to the Client.The Company may replace any person who will be subrogated in all of its rights and obligations under its contractual relationship with the Client. If applicable, it will inform the Client of this substitution by any written means.
The Company's liability is limited to only proven direct damages that the Customer suffers as a result of the use of the Services. Except for bodily injury, death, and serious misconduct, and provided that a claim has been made by the Customer by registered letter with acknowledgment of receipt within one month following the occurrence of the damage, the Company's liability may not exceed the amounts received in connection with the provision of its Services.
Proof may be established by any means. The Client is informed that the messages exchanged through the Platform as well as the data collected on the Platform and the Company's computer equipment constitute the main mode of proof accepted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
The Company practices a personal data protection policy accessible here. It invites the Client to read it.
Unless otherwise agreed in writing by the other party, the Parties undertake to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they have become aware during the conclusion and performance of their contractual relationship.
This obligation does not extend to information:
- of which the receiving party was already aware,
- already public when communicated or which would become so without violation of this clause,
- which would have been received from a third party in a lawful manner,
- the communication of which would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be transmitted to the respective employees, collaborators, interns, agents and co-contractors of the parties, provided that they are subject to the same obligation of confidentiality.
The parties cannot be held liable for failures or delays in the performance of their contractual obligations due to a case of force majeure occurring during the term of their relationship.
Force majeure covers:
- any case meeting the conditions of Article 1218 of the Civil Code and recognized by case law,
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure attributable to a third-party telecommunications provider.
If one of the parties is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgement of receipt.
The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable time as soon as the case of force majeure ceases.
The prevented party nevertheless remains liable for the performance of the obligations that are not affected by a case of force majeure and for any payment obligation.
If this case of force majeure lasts more than 30 working days, the Company may immediately terminate its contractual relations with the Client by any written means.
The Subscription may be terminated no later than 1 month before the end of the current Period by:
The Customer, directly and free of charge, by sending a request to this effect to the address [email protected].
The Company, by sending an email to the Customer.
Any Period started is due in full.
The Customer and Users retain access to the Services until the last day of the Subscription.
Until the end of the Subscription taken out by the Customer, the latter retain the possibility of exporting the Short Video(s) created in image or video format, using the dedicated functionality on the Software.
Beyond the last day of the Subscription, Users' access to the Software will be deactivated.
Payment of the price of the Services and the obligations set out in the article "Client's Obligations and Liability" constitute essential obligations. In the event of a breach of these obligations, the Company may:
- suspend or remove the Client's access to the Services,
- publish on the Platform any information message that the Company deems useful,
- send the Client a registered letter with acknowledgment of receipt to:
terminate the contractual relationship between the Client and the Company, the termination taking effect on the day of receipt or first presentation of this letter, or to ask the Client to remedy the breach within a maximum period of 15 calendar days. The termination will take effect at the end of this period if the breach is not regularized.
Termination results in the deletion of the Client's Account,
- notify any competent authority, cooperate with it and provide it with all information useful for the search for and repression of illegal or illicit activities,
- initiate any legal action.
These sanctions are without prejudice to any damages that the Company may claim from the Client.
The Company may modify its General Terms and Conditions at any time and will inform the Customer by any written means (including by email) at least 30 calendar days before their entry into force.
The modified General Terms and Conditions are applicable as soon as they come into force. If the Customer does not accept these modifications, they must unsubscribe from the Services in accordance with the terms set out in the article "End of Services".
If the Customer uses the Services after the entry into force of its modified General Terms and Conditions, the Company considers that the Customer has accepted them.
The French language prevails in the event of contradiction or dispute over the meaning of a term or provision.
The General Conditions are governed by French law.
In the event of a dispute between the Client and the Company, and in the absence of an amicable agreement within 2 months following the first notification, it will be subject to the exclusive jurisdiction of the courts of Lille (France), unless otherwise required.