Effective Date: December 24, 2023
1. Company information
FRESHR is a french simplified joint-stock company ("Société par Actions Simplifiée"), registered under number 832 905 327 with the Registry of Trade and Companies of Rouen, whose head office is located at 27 Rue Alfred Kastler, Mont Saint Aignan, 76130 France ("FRESHR”).
2. Company’s Services
FRESHR offers to its customers (the "Customers") services of video creation using artificial intelligence.
The services are accessible through the platform Arcads developed by FRESHR and available at https://app.arcads. (the "Platform").
The services offered by FRESHR on the Platform (the "Services") are accessible via:
standard offers as described on the Platform (“Standard offers”),a customized offer made following a call and summarized at the time of purchase (the “Customized offer”).
(together an "Offer")
3. Information regarding the Terms and Conditions
Function of the Terms and Conditions
The general terms and conditions (the " Terms and Conditions") constitute the sole document governing FRESHR's contractual relationship with the Customer and define:
-the terms of use of the Services,
-the respective obligations of the parties.
Location of the Terms and Conditions
The Customer can find them via a direct link at the bottom of the Platform page.
Acceptance of the Terms and Conditions
The Customer accepts the Terms and Conditions when registering on the registration form. If the Customer does not accept all Terms and Conditions, they cannot access the Services.
The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
4. Hierarchy with the payment service provider's terms of service
All payments made through the Platform are handled by the payment service provider indicated on the Platform (the "Payment Service Provider").
The Customer will contract directly with the Payment Service Provider for implementation of these payments by accepting its terms and conditions.
If the Payment Service Provider rejects or terminates the Customer’s Subscription, the Customer may not use the Services.
Conversely, termination of the contractual relationship between the Customer and FRESHR will result in termination of the Customer’s contract with the Payment Service Provider.
In the event of any contradiction between the Payment Service Provider's general terms and conditions and the Terms and Conditions, the latter shall prevail.
The Customer expressly mandates FRESHR to transmit to the Payment Service Provider all instructions relating to payments made on the Platform.
5. Conditions of access to Services
- The Customer is a legal entity acting through a natural person with the power or authority required to enter into a contract in the Customer's name and on their behalf.
The Customer is a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
6. Technical requirements
To access the Services, the Customer must have the following hardware or software: a computer, a good internet connection, and Google Chrome.
7. Order of the Services and access to the Services
The Customer subscribes to the Services on a subscription basis (the "Subscription"). Each subscription gives the right to a number of credits corresponding to a number of videos that can be generated on the Platform (the "Credits"). The number of Credits is indicated in the Offer.
The Customer must enter their email address or be registered on one of the third-party websites listed on the Platform and use the login details of the selected third-party website. The Customer expressly authorizes FRESHR to access their account data on the relevant third-party website.
The Customer must then complete the form available on the Platform and provide FRESHR with all information marked as mandatory.
Once the form has been completed, the Customer may either subscribe directly to the Services on the Platform or will be put in contact with FRESH to draw up a Customized offers ‘Subscription.
7.1. In case of Standard offers’ Subscription via the form on the Platform
In case of Standard offers’ Subscription, the details of the Offer will be shown directly on the Platform and the Customer will be able to choose the one they want.
7.2. In case of Customized offers ‘Subscription
Once the form has been completed, the Customer is put in contact with FRESHR using the contact details. It is Customer's responsibility to provide FRESHR with the relevant information and documents to enable it to identify its needs and expectations. FRESHR will then analyze the Customer's needs and will draw up a personalized offer on this basis which must be validated by the Customer. FRESHR will then send an email link enabling the Customer to pay for this Customized offer ‘Subscription. A summary of the Customized offer ‘Subscription will be available at the time of payment (the “Summary”). Payment will constitute acceptance of the Customized offer ‘Subscription.
Any validation of a Customized offer ‘Subscription, whether express or implied, implies full acceptance of these Terms and Conditions, in their version in force at the date of the payment of the Customized offer ‘Subscription. Any acceptance subject to a reservation shall be considered null and void.
7.3. Opening and creating a Workspace
Payment of an Offer automatically opens a workspace in the Customer’s name (a "Workspace") enabling the Customer to access the Services using their login and password.
The address entered will be designated as administrator and will be able to invite in the Workspace members users (the "Users") up to the number specified in the subscribed Services. The Customer is solely responsible for creating accesses for Users and for their personal use of the Platform.
The Customer can choose to open a new Workspace for another team. In this case, they will have to take out a new subscription for the new workspace. There must be one Subscription per workspace.
8. Description of the Services
8.1. Services
Before subscribing, the Customer acknowledges that they can find out about the characteristics of the Services and their constraints, in particularly technical constraints, on the Platform.
The Customer acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which FRESHR is not responsible.
The Services which may be subscribed to are indicated on the Platform.
Depending on the Offer chosen, the Customer will have access to the Services described in the Summary or to the Services described on the Platform.
8.1.1. Video generation
FRESHR offers on the Platform a catalogue of videos made by different creators (the “Creators”) in different environments, each with its own particularities (the "Video Models"). FRESHR offers it Customer the option of uploading a script (the "Script") to the Platform in order to create a final video (the "Video") which, on the basis of the Video Model chosen, integrates the script, in particular by making the lip-sync and cloning the voice with that of the Video Model Creator or another Creator.
The Customer may select several Video Models for the same script. In this case, several Videos will be generated, each corresponding to a Credit.
8.1.2. Edit Video
If the Customer wishes to edit a Video in order to modify it (for example: adding subtitles, adding music), they must download the Video in order to make these modifications outside the Platform. Only modifications permitted under the "Intellectual Property" article may be made.
They may also ask FRESHR to make the changes. In this case, the Customer must contact FRESHR to agree in writing, in particular by email , Slack, or other customer support communication tools (Intercom, Hubspot) on the modifications to be made and the financial terms.
8.1.3. Other services
FRESHR reserves the right to offer any other Service.
9. Maintenance, hosting, and technical support
9.1.1. Maintenance
For the duration of the Services, the Customer benefits from maintenance, in particular corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.
FRESHR makes every effort to provide the Customer with corrective maintenance to correct any malfunction or bug found on the Platform.
The Customer also benefits from ongoing maintenance, which FRESHR may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions). FRESHR reserves the right to charge for certain functions.
Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.
9.1.2. Hosting
FRESHR uses its best efforts to host the Platform, as well as the data produced on the Platform, via a professional hosting service provider, and on servers located in a territory of the European Union.
9.1.3. Technical support
In the event of any difficulty encountered while using our Services, the Customer may contact FRESHR directly on the Platform.
Technical support service is available from Monday to Friday, excluding French public holidays, from 9 am to 6 pm, Paris time. Depending on the need identified, FRESHR will estimate the response time and inform the Customer accordingly.
10. Modification of the Offer
If the Customer wishes to modify the content of its Subscription (and in particular the number of Credits), they must:
・If the Customer wants to upgrade the Offer
- If the Customer has a Standard offer: the Customer can choose another Standard offer or contact FRESHR to have a Customized offer.
- If the Customer has a Customized Offer, the Customer must contact FRESHR to obtain a new Customized Offer.
When the Customer upgrades from one Offer to another superior, the Subscription they had ends on the day they subscribe to the new upgrade Offer, which then begins on the day of payment. If the Customer has not used all the Credits of their current Subscription at the time of subscribing to the new, superior Offer, the remaining Credits are carried over to the new subscription period subscribed to.
・If the Customer wants to downgrade the Offer
- If the Customer has a Standard offer: the Customer can choose another Standard offer or contact FRESHR to have a Customized offer.
- If the Customer has a Customized Offer, the Customer must contact FRESHR to obtain a new Customized Offer.
When the Customer downgrade from one Offer to another lower, the new Offer subscribed will begin on the renewal date of the Subscription following the initial subscription period. If the Customer has not used all of the Credits of their current Subscription at the end of the Period, Credits will be lost and cannot be carried forward or refunded.
11. Duration of the Services
The Subscription starts on the day of subscription for an initial period as indicated on the Platform.
It is tacitly renewed, for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of article "Termination of the Services".
12. Financial terms
12.1. Price of Services
The price of the Services subscribed by the Customer is indicated:
- On the Platform, in case of subscription to a Customized offer,
- In the Summary, in case of subscription to a Customized offer.
The price is indicated in euros and excludes tax.
Unused Credits are not refunded or carried forward.
If an exchange rate is applied, exchange charges applicable applicable on the date of payment of the price shall be borne by the Customer. Where applicable, the Customer is solely responsible for the payment of all bank charges relating to the payment of prices, with the exception of FRESHR's bank charges.
Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.
FRESHR’s prices may be revised at any time under the conditions of the article "Modification of the Terms and Conditions”.
12.2. Invoicing and payment terms
FRESHR send the Customer an invoice for each Period by any useful means.
Payment is by direct debit through the payment service provider indicated on the Platform.
Subscription payments can also be made by bank transfer to the address indicated on FRESHR’s invoices.
The Customer warrants that they have all necessary authorisations to use this method of payment.
12.3. Exceeding the number of credits and overage price
Each Offer includes a number of Credits.
When the Customer exceeds the number of Credits included in the Offer to which they have subscribed:
- If they have subscribed to a Standard offer: they must wait for his subscription to be renewed or request a Customized Offer in accordance with the conditions of the article "Modifications of the Services”.
- If they have subscribed with a Customized Offer: if the number of Credits is exceeded, FRESHR will invoice the Customer for the number of additional Credits. The price of additional Credits is indicated on the Platform or in the Summary.
12.4. Consequences of late or non-payment
In the event of default or delay in payment, FRESHR reserves the right, from the day after the due date shown on the invoice, to:
- Immediately suspend the Services in progress until full payment of the amounts due,
- Charge interest on arrears equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
13. Intellectual property rights
13.1. Intellectual property rights on the Platform
The Platform is FRESHR’s property, as are FRESHR’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers' rights in force. The license granted to the Customer does not entail any transfer of ownership. The Customer as well as the Users are granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration specified in the article "Duration of the Services".
13.2. Intellectual property on the Video Models
FRESHR has the necessary rights to use the Videos Models and guarantees the Customer in this respect.
The Customer undertakes not to disassemble, extract, re-use, copy or, more generally, reproduce, represent, distribute or use the Video Models without a written authorization from FRESHR.
13.3. Intellectual property on the Video
FRESHR grant to the Customer a non-exclusive, personal and non-transferable license on the Video. FRESHR cannot grant an exclusive license because of the use of artificial intelligence. FRESHR cannot guarantee that another FRESHR customer will not provide an identical Script and choose the same Video Model, generating a Video identical to that which is the subject of this assignment.
The license is granted for the duration of the Subscription and for the world under the conditions below. As an exception to the foregoing, the Customer acknowledges and accepts that due to the sensitive nature of image rights, FRESHR may ask the Customer to delete any request for Videos in the event of a withdrawal request made by the Creator. The Customer then undertakes to delete the Videos as quickly as possible.
The Customer and Users undertake not to use the Video for any purpose that is prejudicial to the Creator and in particular to his dignity, integrity and moral rights. The Customer and Users undertake not to use the Video for any activity, use or content that :
- constitutes, encourages or gives instructions to commit a criminal offence or dangerous activities that may result in serious injury, death or self-harm;
- disseminates harmful false information, such as false information that incites hatred or prejudice, or that misleads or unduly influences products, regulations, elections or other civic processes;
- constitutes or is a threat of any kind whatsoever, or intimidates or harasses others, including the publication of any content intended to mock, humiliate, embarrass, intimidate or affect any person;
- is obscene, pornographic or promotes sexually explicit or implicit content (e.g. by linking to adult or pornographic websites);
- hateful or offensive ;
- contains or promotes violence or discrimination based on race, ethnic origin, nationality, religion, caste, sexual orientation, gender, gender identity, serious illness, disability, immigration status or age; or
- otherwise contains harmful content (such as content that causes physical, mental or moral harm to minors),
- promotes prohibited activity,
- which infringes the rules of ads platforms
- which infringes the rules of influence or which require the addition of compulsory information (e.g. sponsored content).
The Customer and Users therefore undertake not to use the Video to :
- carry out misleading or deceptive advertising,
- cloning the Creator and/or making any modification to the Creator's image and/or voice (in particular deepfake),
- use the Video as input data for other software allowing to modify the image, the voice, the speech.
Furthermore, the Creator may choose to restrict the use of the Video Model to certain fields of activity or certain uses. In this case, the restrictions will be specified on the Platform and the Customer undertakes to comply with them. In the event of non-compliance, the Customer shall be liable for any damages caused to FRESHR and/or the Creator in connection with such non-compliance.
Subject to the foregoing, the license includes:
a) the right to reproduce and the right to fix the Video on any medium and by any tangible or intangible process;
the right to distribute, broadcast and market the Video or to broadcast them free of charge or in return for payment;
b)the right to represent and publicly exhibit the Video, whether free of charge or in return for payment, in any physical place (trade shows and public places, without this list being exhaustive) or intangible place, through any media, any network and any authorised means of dissemination;
c)the right to make modifications limited exclusively and exhaustively to the following: cropping, add music, text and subtitle, emoji, B-rolls, Gifs, sound effect, changing the format of the Video, affixing the Customer's name, brand and logo. Any other modification must be approved in writing by FRESHR.
Except on the Script and the Integrated Elements for which the Customer is solely responsible, FRESHR guarantees the Customer that it holds all the rights relating to the Video. It guarantees that the Video does not constitute an infringement to the rights of third parties, whatever they may be. In the event of use by the Customer that is prejudicial to the Creator, the Customer will be liable.
In order to improve its Services and to ensure the promotion of the Services and the activity of FRESHR, the Customer grants FRESHR, free of charge, for the whole world, for the duration of the Services and a period of 5 years at the end thereof, a license to use the Video (including the Script and Integrated Elements) and in particular the right of reproduction, representation, use and adaptation.
13.4. Intellectual property on the Script and the Integrated Elements
The Script and the elements supplied by the Customer for integration into the Video (the "Integrated Elements") remain the property of the Customer and may be protected by all industrial and intellectual property rights.
The Customer guarantees that the Script and the Integrated Elements do not contain any element likely to infringe the rights of a third party, particularly in terms of counterfeiting, unfair competition or even privacy and image rights, or likely to undermine public order or morality, and that this license does not infringe the rights of third parties, whatever they may be.
Consequently, the Customer guarantees FRESHR against any action, claim, request or opposition from any person invoking an intellectual property right or an act of unfair competition and/or parasitism which may be infringed by this licence.
14. Testimonies
By subscribing to the Services, the Customer may provide testimonies regarding their use of the Services (the “Testimonies”).
Consequently, the Customer agrees that FRESHR may:
- distribute the Testimonies free of charge on the Platform and on any other French or foreign websites, published by any companies with which FRESHR has agreements, by any means and on any medium, for the purposes of promoting the Platform,
- translate Testimonies into any language,
- adapt the Testimonies to the technical constraints of the Platform.
15. Commercial references
The parties may use their respective names, brands and logos, and refer to their respective platforms, as commercial references, for the duration of their contractual relationship and 3 years thereafter.
16. Customer’s obligations and liability
Without prejudice to the other obligations set out in the Terms and Conditions, the Customer undertakes to comply with the following obligations:
16.1. Concerning the provision of information
The Customer undertakes to provide FRESHR with all the information required to subscribe to and use the Services.
16.2. Concerning the Customer’s Workspace
The Customer:
- guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
- acknowledges that this information is proof of their identity and is binding as soon as it is validated,
- is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using their login and password is deemed to have been made by the Customer.
The Customer must immediately contact FRESHR using the contact details provided in article "Company information" if they find that their Workspace has been used without their knowledge. The Customer acknowledges that FRESHR shall have the right to take all appropriate measures in such a case.
The Customer is solely responsible for creating access for Users.
16.3. Concerning the use of the Services
The Customer is responsible for their use of the Services and any information they share in this context. They are also responsible for the use of the Services and any information shared by Users. The Customer undertakes to ensure that the Services are used exclusively by them and/or Users, who are subject to the same obligations as the Customer in their use of the Services.
The Customer undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:
- engage in any illegal or fraudulent activity,
- undermine public order and morality,
- infringe the rights of third parties in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- promote the services of a third party without their authorisation (The Customer may use the Services to promote its services or those of a third party for which it has obtained authorisation),
- assist or incite a third party to commit one or more of the acts or activities listed above.
The Customer also refrains from:
- copying, modifying or misappropriating any element belonging to FRESHR or any concepts it exploits within the framework of the Services,
- engaging in any behavior likely to interfere with or hijack FRESHR’s computer systems or undermine its computer security measures,
- infringing Company’s financial, commercial or moral rights and interests,
- marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Platform or to any element belonging to FRESHR.
The Customer is responsible for the Script and the Integrated Elements. FRESHR shall not be liable if the Script or the Integrated Elements are contrary to the law and/or injure a third party.
The Customer acknowledges and accepts that FRESHR may remove and add Video Models from the Platform at any time.
The Customer is solely responsible for the use made of the Video.
FRESHR does not guarantee that the Video generated corresponds exactly to the Customer's needs and the Customer acknowledges that several Videos requiring several Credits may be necessary to achieve the result expected by the Customer.
The Customer shall indemnify FRESHR against any claim and/or action that may be brought against it as a result of the breach of any of the Customer’s obligations. The Customer shall indemnify FRESHR for any loss suffered and reimburse FRESHR for any sums it may have to bear as a result.
17. FRESHR’s obligations and liability
FRESHR undertakes to provide the Services with diligence, it being specified that it is bound by a best-effort obligation.
FRESHR undertakes to comply with all applicable regulations.
17.1. Concerning the quality of the Services
FRESHR uses its best effort to provide the Customer with quality Services.
To this end, FRESHR carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article "Maintenance; hosting, technical support".
However, FRESHR shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:
- circumstances external to its network (including but not limited to partial or total failure of the Customer’s servers),
- failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
- interruption of Services by telecom operators or Internet service providers,
- intervention by the Customer, including but not limited to incorrect configuration of the Services,force majeure.
Furthermore, FRESHR does not guarantee that the Services as they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults,
17.2. Concerning the Platform service level guarantee
FRESHR offers no guarantee of the Platform's level of service.
However, FRESHR makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in article "Maintenance, hosting, technical support" or in the event of force majeure.
17.3. Concerning the backup of data on the Platform
FRESHR shall use its best efforts to safeguard all data produced on the Platform.
However, except in the case of proven negligence on the part of FRESHR, it is not liable for any loss of data during maintenance operations.
17.4. Concerning data storage and security
FRESHR provides sufficient storage capacity for the operation of the Services.
FRESHR makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
17.5. Concerning subcontracting and assignments
FRESHR may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as FRESHR. Nevertheless, FRESHR remains solely responsible to the Customer for the proper performance of the Services.
FRESHR may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. In such a case, FRESHR will inform the Customer of this substitution by any written means.
18. Limitation of FRESHR’s liability
FRESHR’s liability is limited solely to proven direct damages suffered by the Customer as a result of using the Services.
With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, FRESHR’s liability shall not exceed the amounts received by FRESHR during the 12 months preceding the event giving rise to liability or the duration of provision of its Services, whichever is the shorter.
19. Admissible modes of proof
Proof may be established by any means.
The Customer is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and FRESHR’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
20. Personal data processing
20.1. General provisions
The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent on them in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations").
For the purposes of managing the contractual relationship between the parties, each party processes the personal data of the other party's contact persons in its capacity as data controller within the meaning of the Applicable Regulations, and for the duration hereof. This processing is necessary for the proper performance of the present contract, and concerns only the identification data (notably surname, first name, e-mail address, telephone number) of the parties.
The personnel of each party, their supervisory departments (auditors in particular) and their subcontractors may have access to the personal data collected.
This processing may give rise to the exercise by the parties' contact persons of their rights under the applicable regulations.
To find out more about the processing carried out by FRESHR, the Customer is invited to consult FRESHR's privacy policy, which is available on the Platform.
20.2. Processing of personal data by FRESHR as a processor
To learn more on the processing of their personal data and their rights, the Customer is invited to read the privacy policy of FRESHR.
21. Confidentiality obligations of the parties
Unless otherwise agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and 3 years thereafter, all information relating to or held by the other party of which they may have become aware as part of 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 at the time of communication or which would become public without breach of this article,
- which has been lawfully received from a third party,
- the communication of which would be required by judicial authorities, in application of laws and regulations or to establish the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be passed on to the parties’ respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
22. Force majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship as defined in article 1218 of the French Civil Code.
If one of the parties is prevented from fulfilling its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.
The prevented party nevertheless remains bound by the performance of obligations not affected by force majeure and by all payment obligations.
If the force majeure event lasts for more than 30 working days, FRESHR may immediately terminate its contractual relationship with the Customer by any written means.
23. End of Services
The Subscription must be terminated by each parties, no later than 72 hours before the end of the current Period, by sending :
- For the Customer : via the support tools on the Workspace. It is the Customer's responsibility to download all the Videos they wish to keep.
- For FRESHR : an email to the Customer.
Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.
The Customer no longer has access to their Workspace once the Services have ended.
24. Sanctions in the event of breach
In the event of a breach by one of the Parties of any of its obligations under the Terms and Conditions, the Terms and Conditions will be terminated automatically 15 days after receipt by the defaulting Party of formal notice, which has remained without effect, or if the breach cannot be remedied, by registered letter with acknowledgement of receipt, stating the intention to apply the present clause, without prejudice to any damages which may be claimed from the defaulting Party.
However, in the following limited cases, termination by FRESHR may take place ipso jure without notice or formal notice, without payment of any compensation, and without prejudice to any other right of FRESHR, in particular any damages which the FRESHR may claim, in the event of :
- non-payment of the Subscription price,
- supply to FRESHR of incorrect or incomplete information,
- breach of intellectual property and confidentiality obligations,
- carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations,
- failure to delete a video at FRESHR's request as a result of the Creator's notification.
Termination of Services entails deletion of the Customer's Workspace.
25. Modification of Terms and Conditions
FRESHR may modify its Terms and Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 10 calendar day before they come into force.
If the Customer does not accept these modifications, they must terminate their Subscription in accordance with article "End of Services".
26. Language
In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.
27. Applicable law and jurisdiction
The Terms and Conditions are governed by French law.
In the event of a dispute between the Customer and FRESHR, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.