42videobricks - Welcome to 42videobricks

Version: August 2023

Terms

1. Purpose and scope

These Terms and Conditions (the "T&C") are an agreement between the user of 42videobricks services (hereinafter, the "User") and ALCHIMIE, a French limited company with a Board of Directors and a share capital of 4,451,322 euros, registered in the Bobigny Trade and Companies Register under number 420 919 904, having its office at 43-45 avenue Victor Hugo, 93300 Aubervilliers, France (hereinafter, the "Company").

The T&C govern access to and use of the 42videobricks services and API, sites, services, content, documentation and programs (hereinafter collectively referred to as the "Services").

2. Acceptance of the “T&C”

Any visit to the https://www.42videobricks.com website (hereinafter, the "Site") or use of the Services constitutes full and unreserved acceptance of the T&C, and is equivalent to the conclusion of an electronic contract with the Company (hereinafter, the "Agreement").

The User undertakes to comply with the T&C throughout the period of use of the Site and Services.

In the event of non-acceptance of all or part of the Agreement, the User renounces all use of the Site or Service.

If the User is an entity other than a natural person, the person using the Services must have the power to bind the entity.

As a professional acting within the scope of his or her commercial activity, the User acknowledges that he or she does not have the right of withdrawal in accordance with Article L121-16-1 of the French Consumer Code.

The Company reserves the right to modify the Agreement, the Services or the pricing conditions (hereinafter, the "Prices") at any time. Modifications are applicable as soon as they are published, after prior notice to the User. Continued use of the Site or Services by the User so informed shall be deemed to have been made with consent to the new version of the Agreement.

3. Description of services

Subject to the terms of the Agreement and payment of the Fees relating to the Services, the Company grants the User a revocable, non-assignable, non-transferable, limited and non-exclusive license to access and use the Services.

42videobricks is a set of fee-based services, accessible in SaaS mode via an API, enabling a User to integrate into its own IT services the processing, resources and technologies required to make video content available to its end-users or internal users via the Internet. 42videobricks functionalities include the ingestion, encoding/transcoding, storage and streaming/delivery of these videos.

42videobricks Services are as follows:

Video API:A set of programming interfaces enabling the integration of 42videobricks video platform functionalities into the User's applications.

Developer Portal:Documentation and tools to help developers learn how to integrate APIs into their applications. This portal contains a discussion forum, documentation for the proper use of 42videobricks services and API references.

Back Office:Portal enabling the User to register and/or subscribe to 42videobricks Services, manage access keys ("apikeys"), track invoices and usage, and manage videos.

Player:optional player enabling the User to play video content.

"Sandbox" mode:By creating an account, the User will have access in "Sandbox" mode to test the Services and for technical testing purposes only, it being understood that no commercial or abusive activity, even of short duration, is authorized. The Company reserves the right to immediately terminate without notice any account in breach of the foregoing. Videos ingested on SandBox mode will be automatically deleted twenty-four (24) hours after ingestion.

4. Creating an account and subscribing to 42videobricks services

Conditions of registration/Subscription

Only individuals or legal entities acting in the course of their professional activity may create an account and/or subscribe to the Services.

Only one license is granted per User account.

How to register

Any Visitor may create a User account ("User Account") at the following address https://admin.42videobricks.com/register

The information required to create a User Account is as follows:

email address
password
User name

The creation of a User Account allows access to the Sandbox mode.

How to subscribe to Paid Services

Any User wishing to subscribe to paid Services shall provide the information requested on the dedicated page of the Site accessible at address https://admin.42videobricks.com/subscribe, and by paying the Fees.

The information required to subscribe to Paid Services is as follows:

first and last name
email address
telephone number
company name
Address (postal address, zip code, city, country)
means of payment (credit card details)

By providing those data, the User authorizes the Company to use this information in accordance with its Privacy Policy, which can be accessed here: https://www.42videobricks.com/privacy.

User’s Undertakings when registering/subscribing

When creating his or her account, the User undertakes to :

be legally capable of entering into an agreement with the Company,
provide accurate and up-to-date information,
ensure the security and confidentiality of their passwords and identifiers,and not share them with third parties,
be fully responsible for all uses of his or her account, or for any person having access to it,
inform the Company immediately of any breach of security or unauthorized use of which he/she becomes aware,
ensure by any means whatsoever that viruses, Trojan horses, attacks, code injections or any other attempt or vector aimed at compromising the security of the Company's IT infrastructures, users and customers are not disseminated, propagated, communicated, transferred or intermediated to the Company.

5. Fees, Prices, Billing and Payment

5.1 Fees

Rates depend on the use of 42videobricks Services and are available on this page : https://www.42videobricks.com.

Prices are in euros.

The total price of the Services (the "Price") is determined by the volume of use of the Services according to three mandatory criteria (Hosting, Transcoding and Delivery) and one optional criterion (DRM).

Volume of use calculations will be rounded to the nearest whole number.

Any change to the Prices or payment terms will take effect during the billing cycle following notification of such change to the User in accordance with this Agreement.

The User can simulate his/her consumption and an estimate of the corresponding rates. However, the Price indicated is an estimation, and the recurring monthly billing described in Article 5.2 depends on the use of 42videobricks Services.

The User will be able to monitor his/her consumption in real time in the Back Office. The Company may send an email alert to the User if the User's consumption exceeds a threshold determined by the Company. In any event, if the User's consumption exceeds a threshold of €1,000, the Company will send an email alert to the User.

Payment fees and charges

In some cases, banks or credit card providers may charge the User additional fees. The User will be responsible for these charges, as well as any other applicable taxes, including foreign transaction taxes, customs duties and withholding taxes, and the Company cannot assume any responsibility for their payment.

Optional fees:

If the User subscribes to the DRM Option, this service will apply to all ingested content and will be invoiced according to the number of plays (understood as a video launch).

5.2 Billing

When the User subscribes to 42videobricks Services, he/she accepts a minimum monthly recurring billing, starting from the date of subscription.

Invoicing will take place at the end of each calendar month.

Subscriptions are subject to payment of the full price (including taxes) on the date of subscription, and then for each renewal.

5.3 How to pay

Payment methods

Payment is made by credit card online.

The User's payment details must be validated before the subscription is activated. This information must be valid, and the User must inform the Company of any changes required for payment of the price of the Services.

The Company reserves the right to request prior authorization of payment for amounts less than or equal to one (1) € excluding VAT.

Default of payment

In the event of non-payment or arrears, the Company may suspend access to and use of the Services.

In the event of payment failure on the billing date, the Company will send the User a reminder email. A second billing attempt will be made two days later, failing which a second reminder email will be sent. A final billing attempt will be made 6 days after the contractually agreed date. If this attempt is again unsuccessful, access to the Services will be suspended.

6. Duration and Termination

Durations

This Agreement comes into force from the moment the User visits the Site, creates an Account and subscribes to the Services until their termination as described below.

The User account is valid for an indefinite period until the User requests deletion of the account.

The Company nevertheless reserves the right to delete any User account and associated content that has not been activated for more than ninety (90) consecutive days, starting from its creation by a User.

Subscriptions to Services are automatically renewed at the end of each month, unless previously canceled.

The validity of a subscription is subject to payment.

Termination of Service subscription by the Company

The Company may terminate the subscription to the Service at any time by providing at least 30 days' written notice to the User.

In the event of non-compliance with this Agreement, the Company may at its discretion:

Immediately terminate this Agreement, with or without prior written notice,
Suspend or limit access to the Services.

Termination of subscription to Services by the User

The User may terminate the subscription to the Services at any time by clicking on the "Termination" button: https://admin.42videobricks.com/subscribe.

Effect of termination of subscription to Services

Termination takes effect immediately and results in the deletion of the User's account and all associated information and content. All ingested content will be deleted from the company's servers.

Any termination also terminates the license granted hereunder.

The User shall destroy and remove from all storage media all copies of the documentation and the Service that he may have retained.

In the event of termination of the subscription to the Services, invoicing will take place at the end of the calendar month.

The present Article, as well as Articles 9. WARRANTIES AND DISCLAIMERS, 11.CONFIDENTIALITY and 12.MISCELLANEOUS PROVISIONS shall survive termination of this Agreement.

7. Conditions of Use of Services

The User agrees not to use the Service in a manner prohibited by the Agreement or any applicable law. The User is responsible for all activity on the Service.

7.1 Operation of the Services

The User undertakes:

Not to interfere or attempt to interfere with the proper functioning of the Services,
Not to access the Content of the Services using any technology or tools other than those provided or authorized by the Company.
Not to attempt to circumvent security measures in order to obtain unauthorized access to the Services,
Not to take any action that imposes an unreasonable or disproportionately large load on the Company,
Not to copy, distribute, or disclose any part of the Services and develop a competitive product and service,
Not to use the Services for illicit or illegal purposes or in violation of local, national or international laws,
Not, directly or indirectly: decipher, decompile, disassemble, reverse engineer or otherwise attempt to modify the source code of the algorithms of any part of the Services; modify, translate, or create derivative works of any part of the Services.
Not to Use any robot, spider or other automatic manual device to access, monitor or copy the Site or any system or content thereof.
Not upload invalid data, viruses, worms or other software agents through the Services,
Not to collect personal data accessible on the Services.

7.2 Content

Commitments of the User relating to content

The User:

Is solely responsible for the content provided on the Services and the consequences of making it available,
Guarantees to have obtained and is solely responsible for obtaining all authorizations to publish content concerning third parties in order to respect including, but not limited to, intellectual property rights and privacy rights,
May modify or delete content at its sole discretion. In the event of technical problems, the Company cannot be held responsible for the loss of the user's files,
Grants the Company a non-exclusive, worldwide, royalty-free license for the duration of the Use of the Services to store, copy, transmit and display content to interoperate with any third-party Services to ensure the provision of the Services.

Content restrictions

The user agrees that the content will not violate any applicable law or regulation.

In particular, but without limitation, the user agrees not to provide content:

of an explicitly sexual or pornographic nature,
offensive to human or animal dignity,
inciting violence, hatred and/or discrimination,
promoting offline or online gambling.

The User must comply with the signage imposed by ARCOM or equivalent organizations in the countries of distribution, and guarantees the Company against any recourse.

The Company reserves the right, but has no obligation, to reject or remove any content that violates these provisions.

7.3 On the Discussion Forum

The User shall be responsible for the content published on the discussion forum. In the event of a serious breach of this Agreement and/or applicable laws and regulations, the User may be subject to deletion of his or her messages, or even of his or her account, as well as to the related civil or criminal penalties.

The User agrees to use the Discussion Forum only in connection with the use of 42Videobricks Services and to write comments exclusively related to this activity. Any use to the contrary will result in the deletion of the associated messages. In the event of a repeat offense, the Company reserves the right to delete the associated account.

8. Personal Data

In accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016 and the provisions of the amended French Data Protection Act no. 78-17 of January 6, 1978, any individual has the right to access, modify, rectify and delete data concerning him or her. These rights may be exercised at any time by writing to the postal address of the Company's head office, or by sending an email to the following address: [email protected].

The Company undertakes to take all reasonable measures to ensure the security and protection of data and information.

The User shall inform its customers that their data may be transferred to, processed and stored in France and, as indicated in our Privacy Policy, may be subject to disclosure as required by Applicable Laws, and obtain from its customers all necessary consents under Applicable Laws in connection with the foregoing.

To the extent that the Company is a data processor, it will process personal data in accordance with the terms of this Agreement and will employ appropriate technical and organizational measures to protect such personal data. The Company shall not be liable for any claim arising from any action or omission on our part, insofar as such action or omission results from instructions given to us by a data processor.

For more information on the management of personal data, please consult our privacy policy available here: https://www.42videobricks.com/privacy.

9. Intellectual Property

All intellectual property rights in the Services (including but not limited to: hardware design, logos, source codes, screen layout, tools, API, user databases, documentation, trademarks etc.), are the property of the Company.

The User is not authorized to copy, multiply, modify or delete any work protected by the Company's intellectual property rights. In no way does the license granted to the User transfer any of the Company's intellectual property rights to the User.

Any reproduction, modification, adaptation or representation in any form and by any means whatsoever, and in particular any resale, exchange, rental or transfer to a third party, is absolutely forbidden.

10. Warranties and Disclaimers

The Company's liability is limited to its capacity as technical service provider.

The Company may not be held liable, in particular, for loss of profits, customers, data or information stored on the Services, or for direct or indirect damage.

The Company is not obliged to provide a backup copy of the content accessible by the User.

Users are responsible for keeping a backup copy of all data and Content stored on the Service.

Original content masters will no longer be available 72 hours after ingestion by the User.

Users agree to indemnify and hold harmless i) the Company against all claims and actions by third parties arising out of content they submit via the Site and Services, and against any breach by them of this Agreement or the rights of others, and ii) the Company against all claims and judgments of any nature whatsoever that the Company may be subject to personally or jointly and severally with the User.

The fact that the Company tolerates any actions contrary to this Agreement shall not constitute a waiver on its part of its right to invoke this Agreement.

The warranty covers in particular any damages the Company may be ordered to pay, and extends to any legal costs it may incur, including irreducible costs, attorney's fees, costs and publication costs.

The Company is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses.

The Company may interrupt access to the Sites and the Service for maintenance purposes or in the event of an emergency. It is only bound by a best-efforts obligation concerning continuity of access to the Sites and the Service.

The Services will be performed in accordance with standard practices and in compliance with the online documentation under normal conditions of use and under normal circumstances.

The User acknowledges that technical malfunctions and/or errors may result in loss of content and/or data for which the Company shall not be held liable.

Users acknowledge that in the event of force majeure, strike, breakdown or difficulty concerning the Company's computer hardware, the computer software used by the Company or the Internet network, which may result in the suspension of access to the Sites and Services, the obligations of the parties shall be suspended.

The Company makes no other warranties, representations or conditions, whether written, oral, express, implied or statutory, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose, with respect to the use, misuse or inability to use the Services (in whole or in part) or any other licensed product or service.

11. Confidentiality

Confidential Information:Confidential Information means all confidential information of one party (Disclosing Party) disclosed to the other party (Receiving Party), orally or in writing, which is designated as confidential or which reasonably should be considered confidential given the nature of the information and the circumstances of disclosure, including Services, technology and technical information, product design and business processes;

Exceptions:Confidential information does not include information that (i) is or becomes generally known to the public without breach of any obligation to the disclosing party; (ii) was known to the receiving party prior to disclosure by the disclosing party without breach of any obligation to the disclosing party; (iii) was independently developed by the receiving party without breach of any obligation to the disclosing party; or (iv) is received from a third party without breach of any obligation to the disclosing party;

Obligations:The receiving party will not disclose any confidential information of the disclosing party for purposes outside the scope of this Agreement, except with the prior written consent of the disclosing party. The receiving party shall protect the confidentiality of the disclosing party's confidential information in the same manner as it protects the confidentiality of its own confidential information of the same nature (but in no event with less than reasonable care). The Receiving Party shall promptly notify the Disclosing Party of any actual or reasonably suspected breach of confidentiality of the Disclosing Party's Confidential Information;

Compulsory Disclosure:If the receiving party is compelled by law to disclose confidential information of the disclosing party, it shall provide the disclosing party with prior notice of such compelled disclosure (to the extent permitted by law) and reasonable assistance, at the disclosing party's expense, if the disclosing party wishes to contest the disclosure.

12. Miscellaneous Provisions

Force Majeure:Except for payment obligations, neither party shall be liable for any delay or failure in performance hereunder if such failure results, directly or indirectly, from causes beyond such party's reasonable control, including strikes, shortages, supplier failures, riots, insurrections, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, lightning, power surges or failures, terrorism, or acts or omissions of communications carriers, or unavailability of telecommunication services.

Entire Agreement:This Agreement constitutes the entire agreement and supersedes all prior negotiations or agreements (oral or written) between the parties with respect to the subject matter hereof. Any conflicting or additional terms on any purchase order, confirmation or similar form, even if subsequently signed by the parties, shall have no effect under this Agreement.

Severability:If any provision of this Agreement is held to be illegal or unenforceable, the remainder of the Agreement shall remain in full force and effect.

Relationship between the Parties:The parties are independent contractors. The Agreement does not create any partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

Applicable law:These T&C are governed by French law. In the absence of an amicable agreement between the Company and the User, any dispute shall fall within the exclusive jurisdiction of the Paris Commercial Courts.

Correspondence:The User may send any legal advice by email to the following address: [email protected]

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