These General Terms of Use (GTU) govern access to and use of the services provided by the company Skallup (hereinafter referred to as the "Company"), a simplified joint-stock company registered with the Lille Métropole Trade and Companies Register under number 952 771 509, with its registered office at Bureau 3, 34 Place du Général de Gaulle, 59800 Lille, and a share capital of €64,900.00.
For any correspondence, the Client is invited to contact the Company at the following address: support@playshorts.io.
The digital services for creating and distributing marketing content provided by the Company (hereinafter referred to as the "Services") include, in particular, the creation of short video content, referred to as "Videos."
Clients and their collaborators (hereinafter referred to as the "Users") can use the software available on the website www.playshorts.io (hereinafter the "Software") to create or import video content and use the editing features provided by the Company.
These General Terms constitute the exclusive document governing the relationship between the Company and the Client and define the terms of use of the Services, the reciprocal obligations of the Parties, as well as the location of the General Terms.
The Client can consult the GTU via a direct link at the bottom of the Company's website: www.playshorts.io.
The Client agrees to the GTU by checking a box of acceptance during registration. In case of refusal, access to the Services is impossible.
The GTU may be supplemented by specific terms, which prevail in case of any contradiction with these GTU.
The Client, as a legal entity, acts through a natural person authorized to enter into a contract on its behalf.
The Client certifies that they are a professional, whether in a commercial, industrial, liberal, or agricultural activity, and has the necessary authorizations to subscribe to the Services and use the Software in accordance with these GTU.
5.1 Registration Form and Validation
The Client completes a registration or order form by providing all mandatory information.
The Company reserves the right to refuse any registration of a Client who does not meet the required conditions.5.2 Confirmation
The order is considered final once the information is validated and the payment is accepted by the payment platform.
The order confirmation is sent to the Client electronically.
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 Client can access the Services via the Platform using a personal and confidential username and password.
The Client is solely responsible for all use of their account, including any actions taken by third parties who have obtained access to their credentials.
7.1 Characteristics
The Client declares having taken note of the technical characteristics and constraints of the Services, including the need for an adequate internet connection, the required software and hardware compatibility, as well as the possible limitations of functionalities depending on the subscription.
7.2 Content and Features
Before subscribing, the Client acknowledges having been informed—either during a demonstration (if applicable) or through information available on the Platform of the characteristics and technical constraints of the Services.
The Services to which the Client subscribes are those presented on the Platform and described directly on the website www.playshorts.io at the time of subscription.
The Services allow the Client to create or import Videos via the Software, integrate this content on various digital media such as websites, emails, or pop-ups, access certain third-party content when it mentions or tags the Client’s brand, and benefit from content consumption tracking and analysis features, according to the subscribed plan.
The Company reserves the right to offer any other Service or feature, and any substantial modification of the available Services will be communicated to Clients via the Platform.
7.3 Responsibility
The Client assumes responsibility for the personal use of the Services by Users and ensures that such use complies with these GTU and applicable law.
7.4 Additional Services
The Company provides technical support, available Monday to Friday, from 9 a.m. to 6 p.m., French time, excluding public holidays.
Data hosting is carried out through a professional provider located within the European Union.
The Company also ensures Service maintenance: corrective maintenance to fix malfunctions and evolutionary maintenance to allow improvement and automatic updating of the Services.
7.5 Service Availability and SLA
The Company undertakes to make all reasonable efforts to ensure the accessibility and proper functioning of the Services, in accordance with industry standards and best practices.
The Services are provided to the Client under a best-efforts obligation, which the Client expressly acknowledges and accepts.
The Client is informed that access to the Services may be temporarily interrupted, suspended, or limited, in particular for technical maintenance, updates, feature improvements, security reasons, or due to technical constraints, network outages, hosting infrastructure failures, or third-party service issues.Whenever possible, the Company will inform the Client in advance of any planned interruption via the Platform or any other appropriate means.
The Company does not guarantee continuous, uninterrupted, or error-free availability of the Services.
The Client acknowledges that temporary interruptions may occur without holding the Company liable, provided that the Company has taken reasonable steps to restore access to the Services.
Technical support is available according to the conditions and hours indicated in Article 7.4, i.e., Monday to Friday, 9 a.m. to 6 p.m., French time, excluding public holidays. No intervention or resolution time is contractually guaranteed.No compensation, financial reimbursement, refund, or credit may be claimed by the Client in the event of total or partial unavailability of the Services, regardless of duration or cause, subject to mandatory legal provisions.
8.1 Monthly Subscriptions
Monthly subscriptions are for an indefinite period and may be terminated at any time by the Client without notice.
Termination takes effect at the end of the current monthly period, and the Client retains access to the Services until that date. No refund is granted for periods already started.
8.2 Annual Subscriptions
Annual subscriptions are for an initial period of twelve months and are automatically renewed for successive periods of the same duration unless terminated by either Party before the end of the current period.
Termination takes effect at the end of the current annual period, and the Client retains access to the Services until that date. No refund is granted for any annual period already started.
9.1 Payment
Service fees are detailed on the Platform or on the corresponding invoice.
Any started period is fully due, and the Company reserves the right to apply promotions or pricing adjustments according to its general terms.
9.2 Guaranteed Access
In the event of early termination, no refund is provided for the current period.
The Client retains full access to the Services until the end of the already paid period.
9.3 Automatic Renewal
Subscriptions are automatically renewed according to the frequency chosen by the Client, whether monthly or annually, until expressly terminated by the Client or the Company.
10.1 Software
The Company owns all intellectual property rights over the Software, databases, and content (texts, images, logos, videos, trademarks, etc.).
The license granted to the Client is non-exclusive, personal, non-transferable, and limited to the duration of the subscription.
10.2 Generated Content
The Client retains intellectual property rights over the content they import.
The Company has a limited, non-exclusive license to reproduce, represent, adapt, modify, distribute, and publish the Videos only within the scope of the Services.
10.3 Personality Rights
The Client undertakes to obtain all necessary authorizations for the use of the image, name, or voice of Users in the context of the Services and for promotional purposes of the Company.
10.4 Third-Party Content
For certain Services features allowing access, identification, aggregation, or use of third-party content, the Client remains solely responsible for obtaining all necessary authorizations, rights, and consents to use this content.
The Client guarantees the Company against any claims, actions, or judgments from third parties resulting from the use, dissemination, or exploitation of this content via the Platform.
10.5 Marketing License
Subject to obtaining all authorizations under Article 10.3, the Client grants the Company a worldwide, royalty-free, non-exclusive license to use the Videos for communication and promotional purposes during the subscription period and for three years after its termination.
The Client undertakes to provide accurate and up-to-date information, to ensure the confidentiality of their login credentials and passwords, to use the Services in accordance with these GTU and applicable law, and to indemnify the Company for any direct or indirect damage resulting from non-compliance with these obligations.
The Client is specifically prohibited from publishing or distributing any illegal, defamatory, or content that infringes on the rights of third parties, may compromise the security or proper functioning of the Platform, or is contrary to public order.
The Client remains solely responsible for the use they make of the Services and the content they import or publish.
The Company undertakes to provide the Services diligently, under a best-efforts obligation, to maintain access to the Services 24/7, excluding planned maintenance periods or force majeure events, to back up data produced or entered by the Client without being responsible for accidental losses, to ensure data security and confidentiality, to inform the Client or send communications, and to use subcontractors while remaining responsible for the proper execution of contractual obligations.
The Company’s liability is limited to direct and proven damages suffered by the Client in the course of the provision of the Services.Except in cases of bodily harm, death, or gross negligence, the total liability of the Company shall not exceed the amount actually received by the Company for the Services concerned.The Company shall in no case be liable for indirect damages, including loss of profit, data loss, business interruption, intangible damages, or any other economic or commercial consequences.
All exchanges, orders, and data collected via the Platform, including connection logs, usage history, and other electronic data generated by the Client or the system, constitute admissible evidence to establish the performance of the Services and the calculation of their price, and are binding on the Parties in any judicial or extrajudicial proceedings.
The Company applies a personal data protection policy accessible on the Platform. The Client consents to the processing of their data in accordance with this policy and applicable legislation.
The Parties undertake to keep confidential all information exchanged during the contractual relationship and for a period of three years after its termination, except as required by law or regulation, or in the case of information already publicly known or legally received from a third party.
The Parties agree not to disclose this information to third parties, except within the execution of these GTU or to assert their rights.
Any event beyond the reasonable control of the Parties suspends the performance of obligations. If such an event lasts more than thirty business days, the Company may terminate the contract without prejudice to obligations already performed or unaffected.
The subscription may be terminated at any time by the Client or the Company.
The Services remain accessible until the end of the already paid period, and the Client may export their Videos until the last day of the subscription.
No refund will be granted for periods already started.
In the event of a breach of these GTU by the Client, the Company may, depending on the severity and nature of the breach, suspend or terminate access to the Services, publish information useful for managing the relationship, send a formal notice with a fifteen-day deadline to remedy the breach, and take any judicial action necessary to assert its rights and claim damages.
These measures are without prejudice to the Company’s right to pursue any other legal, administrative, or judicial remedies.
The Company reserves the right to modify these GTU at any time.
The Client will be informed of changes via email notification or on the Platform at least thirty calendar days before they come into effect.
Continued use of the Services by the Client after notification of changes constitutes acceptance of the new GTU.
These GTU are written in French, and the French language prevails in case of interpretation differences.
These GTU are governed by French law.
Any dispute regarding the interpretation or execution of these GTU shall be submitted to the exclusive jurisdiction of the courts of Lille, France, unless mandatory legal provisions dictate otherwise.
