General Terms of Use and Service

Preamble

These general terms of use and service (hereinafter referred to as the “Terms”) govern the contractual relationship between, on the one hand, VIDEAS, a simplified joint-stock company (SAS) with a share capital of €1,000.00, registered with the Lille Trade and Companies Register under number 834 356 677, with its registered office at 4702, chemin de l’Aventure, 59236 Frelinghien, France, identified under intra-community VAT number FR78 834356677 and represented by its President, Mr Vivien Charlet (hereinafter “VIDEAS”), and on the other hand, any person using the VIDEAS solution (hereinafter the “Platform”) and holding an online account (hereinafter referred to as the “User”).

These Terms are made available on the VIDEAS website at the following address: https://videas.com/en/legal/

1. Purpose

These Terms govern the conditions applicable to the use of services offered by VIDEAS through its Platform.

VIDEAS grants the User:

• A right to use all or part of the Platform;
• A set of services as defined in Article 2.

Any account creation and/or any use of the Platform implies the User’s unreserved acceptance of these Terms. These Terms are systematically brought to the User’s attention when creating the account required to use the Platform.

The relationship between VIDEAS and the User is governed by the following documents, listed in decreasing order of precedence: any specific agreement or quotation accepted by both parties, the General Terms of Sale (hereinafter the “Terms of Sale”), these Terms, and the Data Processing Agreement, which nevertheless prevails over all other documents in all matters relating to the protection of personal data. In the event of a conflict, the higher-ranking document prevails, solely to the extent of the conflict identified.

It follows in particular that commitments entered into under a specific agreement — as to service availability or support levels — prevail over these Terms, which contain no such commitment.

VIDEAS reserves the right to modify these Terms at any time, particularly due to changes in legislation and regulations. They shall be applicable as soon as they are posted online on the Website. In such case, the applicable Terms shall be those in effect on the date of account creation or last use of the Platform. VIDEAS shall inform Users by all means of any modification to these Terms.

2. Description of the Service

2.1 General provisions

The Platform is a professional video content hosting and broadcasting solution, enabling Users to host, manage, broadcast, monetize and analyze their video content. The video player can be exported to all third-party sites and is accessible via any device.

The Platform is available via the website https://videas.com

VIDEAS offers a pay-as-you-go pricing model built on a prepaid credit system, with no minimum term and no subscription. Recurring services — video storage, file storage, bandwidth, channels and custom domains — are billed on a daily pro-rata basis; one-off services, such as automatic subtitling, are billed per unit at the time of use. All financial conditions are defined by the Terms of Sale.

On creating their account, the User receives five (5) euros in free credits, with no payment details required, allowing them to try out the Platform’s features. They then receive five (5) euros in free credits per month, which do not carry over from one month to the next.

The Platform includes the following features, accessible to all Users:

• Professional video hosting with automatic multi-codec transcoding
• Customizable video player (colors, logo, controls)
• Live broadcasting (livestreaming)
• Automatic AI-powered subtitling (30+ languages)
• AI-generated metadata (titles, descriptions, summaries, tags)
• Security and access control (password, domain restriction, signed links)
• Content monetisation (subscription, one-off purchase, rental), under the conditions of Article 6 of the Terms of Sale
• Real-time analytics and viewing heatmaps
• Video broadcasting website creation (Channels)
• REST API and webhooks
• SDKs (JavaScript, Python, PHP)
• Multi-user access and permission management

The User may view pricing details at the following address: https://videas.com/en/pricing/

2.2 Video viewing

By accessing and/or using the Platform without being registered or authenticated via an online account, the User will only be able to access, view or share available videos. Other Platform features are only accessible from the online account.

2.3 Video content hosting and customization features

Creating an online account provides access to a video content storage space dedicated to the User on the Platform. Once video files are uploaded to the Platform, the User will be able to:

• Share the URL link to allow any person, registered or not on the Platform, to view the uploaded content;
• Generate an “embed” link allowing the video player to be incorporated into the User’s website;
• Customize the video player available on the Platform or on their website (color, logo, playback features);
• Add forms to collect information or opinions from people viewing the video content;
• Automatically generate subtitles in more than 30 languages using artificial intelligence;
• Create and manage customized video broadcasting websites (Channels) with integrated monetization.

The User has the ability to view detailed statistics on their online account regarding views, viewing duration, engagement heatmaps and visitor geographic data.

No personal information of visitors is collected or shared in statistics reports.

3. Registration on the Platform

3.1 Creating a User account

In order to use the Platform’s features, the User must complete the account creation form by clicking on the “Create an account” link, and accurately providing the following information: Last name, first name, email address, password. The User is informed that this information is essential for the provision of VIDEAS services.

In this regard, the User undertakes to complete the form in good faith by providing accurate information and not to impersonate a third party. The User also undertakes to keep this information up to date throughout the duration of Platform use.

When creating the account, each User expressly accepts these Terms of Use, after having read them, by checking the box preceding the following text: “I accept the Terms of Use.”

An activation email is sent to the provided email address to finalize account creation. Once the account is validated, the User has a personal space after registration on the Platform, which can be accessed using their credentials.

Users may only hold one account per natural person.

3.2 Credentials

These credentials are strictly personal and confidential. The User therefore undertakes to keep them secret and not to disclose them in any form whatsoever.

Any use of the User’s credentials is therefore carried out under their full responsibility.

In case of loss, theft or misuse of their credentials, the User undertakes to inform VIDEAS as soon as possible. VIDEAS may then decide to cancel the User’s credentials and will provide the User with new credentials.

In the absence of notification to VIDEAS, and unless proven otherwise, any connection or transmission of requests or data made using the User’s credentials shall be deemed to originate from the User and shall be under their exclusive responsibility.

3.3 User declaration

If the User is a natural person acting on their own behalf, they certify that they are of legal age and legally competent.

The Platform is intended for professional use. By creating an account, the User declares that they are acting in the course of their commercial, industrial, craft, professional or non-profit activity. Provisions specific to a User acting as a consumer are set out in Article 13 of the Terms of Sale.

4. Compliant use of the Service and compliance with applicable regulations

The User undertakes to use the Platform in compliance with applicable laws and regulations. Although the User determines under their full responsibility the content they publish on the Platform, they specifically undertake not to use the Platform to:

• Divert or attempt to divert any of the Platform’s features from their normal use as defined herein;
• Publish, transmit, share, store or otherwise make available any content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, injurious, malicious, vulgar, obscene, fraudulent, infringing on privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
• Create multiple accounts or impersonate a third party;
• Transmit any element containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the functionality of software, computer equipment or electronic communications;
• Use any robot software or any other equivalent automated process or tool to browse the Platform and use its features (except for use of the REST API under the prescribed conditions);
• Use the Platform to mass-send unsolicited messages (advertising or otherwise);
• Disseminate information or content that is not truthful;
• Publish, transmit, share, store or otherwise make available any content that constitutes or encourages a criminally punishable act or provides instructions on how to commit it, that infringes the rights of a third party or is likely to incur the liability of a third party or to violate local, national or international legislation.

It is specified that VIDEAS does not carry out any verification in this regard. Similarly, VIDEAS does not carry out any a priori verification or moderation of documents published by Users.

However, if VIDEAS becomes aware or receives information that a User is using the Platform for unlawful purposes or purposes that do not comply with the conditions set out in this article and/or that VIDEAS considers contrary to applicable laws and regulations, VIDEAS may delete the relevant content and suspend the User’s account as indicated in Article 13 of these Terms.

The User or any concerned person may request the deletion of content they have provided, or report content they consider unlawful, under the conditions set out in Article 10 of these Terms.

5. Financial conditions

The financial conditions applicable to credit purchases, service pricing, payment and invoicing arrangements and the monetisation of content are defined in the General Terms of Sale, which the User accepts on their first top-up.

6. Account suspension

VIDEAS reserves the right to suspend a User’s access to the Platform in the event of:

• Non-compliance by the User with these Terms (particularly in the event of violation of intellectual property rights of VIDEAS, its licensors or third-party rights holders, multiple simultaneous connections to the same Service account, provision of false information during registration on the Platform);
• Insufficient credit balance to cover consumed services;
• Actions contrary to the commercial interests of VIDEAS or its partners.

7. Intellectual property

7.1 Platform usage license

VIDEAS grants the User, and where applicable, their authorized collaborators, a non-exclusive, personal and non-transferable license authorizing the use of the Platform and its features.

Any other exploitation or use of the Platform, its features, their content and in particular the data they contain is excluded from the scope of this license and may only be carried out after obtaining the prior written authorization of VIDEAS.

7.2 Content published by Users

VIDEAS does not acquire any right of use or ownership over the data, information, publications and content provided by Users.

7.3 Property rights over the Platform

The User is informed that the content and presentation of the Platform, including texts, images, drawings and graphic designs, are protected by intellectual property law.

Consequently, the User is prohibited from copying, reproducing or disseminating all or part of the elements present on the Platform, in any form whatsoever, without the prior written consent of VIDEAS.

With the exception of content uploaded by Users, VIDEAS holds all intellectual property rights existing on the Platform, as well as any associated documentation. The usage license granted by VIDEAS, the conditions of which are defined in these Terms, does not entail any transfer of intellectual property to the User. Consequently, the User is prohibited from any action or act that may directly or indirectly infringe on VIDEAS’s copyright on the Platform.

The User undertakes not to reconstruct or attempt to reconstruct a website, application or any other software aimed at offering, directly or indirectly, free of charge or for consideration, the same services or services comparable to those available through the Platform. The User undertakes not to disseminate or sell, in any manner whatsoever, data obtained through the services for the purpose of assisting a person in reconstructing, in whole or in part, such an application or equivalent services.

Non-compliance with these conditions exposes the User to suspension of services, as well as criminal and civil proceedings provided for by law.

8. Personal data

The information provided by the User during registration and use of the Platform constitutes personal data, the collection and processing of which are governed by our Data Protection Policy.

By accepting these Terms, the User acknowledges having read the Data Protection Policy.

VIDEAS, as data controller, undertakes to take all appropriate measures to ensure the protection, confidentiality, integrity and security of data transmitted by the User.

In accordance with the French Data Protection Act of January 6, 1978 (as amended) and Regulation (EU) 2016/679 on the protection of personal data, any User who is a natural person has a right of access, right of rectification, right to erasure (right to be forgotten), right to object, right to restriction of processing, and right to data portability. You may also define directives regarding the retention, erasure and communication of your personal data after your death.

These rights may be exercised directly via our Data Protection Officer page or by email at the following address: [email protected]

Users may lodge a complaint with a supervisory authority at any time.

Processing carried out on the User’s behalf in the course of the service is governed by the Data Processing Agreement, under which the User acts as controller and VIDEAS as processor.

The servers supporting the Platform are owned and operated by VIDEAS and housed in colocation facilities located within the European Union.

VIDEAS uses sub-processors to provide the service. The up-to-date list appears in the Security & sub-processors document. In accordance with Article 28 of Regulation (EU) 2016/679, VIDEAS informs the User of any intended addition or replacement of a sub-processor, the User having a reasonable period in which to object.

Certain artificial-intelligence features — in particular subtitle translation and metadata generation — involve transmitting the transcribed text to a provider established outside the European Union. That transfer is covered by the appropriate safeguards provided for in Chapter V of Regulation (EU) 2016/679. The data thus transmitted is not used to train the provider’s models. A User who does not wish to use these features may refrain from enabling them.

9. Liability

9.1 User liability

The User is solely responsible for any damage caused to third parties or to VIDEAS, its representatives, directors and employees, resulting from a breach of their contractual or legal obligations.

The User undertakes to indemnify these persons and to hold VIDEAS harmless from all damaging consequences resulting from such breach, particularly in the event of complaint, action, implication or liability proceedings before any court.

9.2 VIDEAS liability

9.2.1 General provisions

VIDEAS makes its best efforts to ensure the proper functioning of the Platform, within the limits of liability provided for in these Terms. In all cases, VIDEAS’s liability with regard to the service provided is an obligation of means.

VIDEAS provides no warranty, express or implied, including any warranty of quality and fitness for a particular purpose of the Platform provided to the User and any warranty with respect to information and data provided by Users and obtainable via the Platform, particularly as to their accuracy and reliability.

VIDEAS’s entire liability for any breach, negligence or fault noted in the performance of its services shall be capped at the amount of sums paid for credits purchased by the User during the twelve (12) preceding months, to cover claims of any nature (including interest and costs), regardless of the number of actions, grounds invoked or parties to the disputes. This provision shall not apply to liability for death or personal injury, or to any other liability that the law prohibits from being excluded or limited.

Furthermore, VIDEAS shall not be held liable in the following cases:

• Following a failure or deficiency of a service whose provision is not its responsibility nor that of its potential subcontractors;
• For facts and/or data that do not fall within the scope of services and/or are not an extension thereof;
• In the event of use of the Platform and services for a purpose or in a context different from that in which it intervened, erroneous implementation of recommendations or failure to take into account VIDEAS’s reservations.

VIDEAS is not liable for its insurers, nor for indirect damages, nor for loss of profit or loss of opportunity or expected benefits, nor for the financial consequences of actions potentially brought by third parties against the User.

9.2.2 Access to the Platform

The Platform is in principle accessible 24 hours a day, 7 days a week; however, VIDEAS disclaims all liability, without this list being exhaustive:

• In the event of service interruption for technical maintenance operations or updating of published information;
• In the event of Platform interruption, access restrictions to the network or to specific servers connected to the network, variations in service quality resulting from the act, action or omission of a third party, and which are entirely beyond VIDEAS’s control;
• In the event of unavailability or overload or any other cause preventing the normal operation of the network used to access the Platform;
• In the event of contamination by potential computer viruses circulating on the network;
• In the event of abnormal use or unlawful exploitation of the Platform;
• In the event of loss by the User of their username and/or password or in the event of identity theft.

9.2.3 Content uploaded by Users

The management and maintenance of the Platform are carried out by VIDEAS. As regards the storage and delivery of content uploaded by Users, VIDEAS provides a hosting service within the meaning of Article 6 of the French Law on Confidence in the Digital Economy of 21 June 2004 and of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services. As such, it is subject to no general obligation to monitor the content it stores, nor to actively seek facts indicating unlawful activity.

That qualification is specific to the activity of storing and delivering content. It does not extend to the commercial services provided by VIDEAS, in particular those described in Article 6 of the Terms of Sale, whose liability regime is determined by the latter.

VIDEAS carries out no a priori moderation or prior verification of content uploaded by Users. It cannot therefore be held responsible for content that is unlawful, contrary to good morals or infringing the rights of others, in particular intellectual property rights or the protection of personal data, provided that it had no actual knowledge of it or that, having acquired such knowledge, it acted expeditiously to remove that content or disable access to it. Nor can VIDEAS’s liability be sought in the event of publication by a User of misleading, erroneous or inaccurate information.

The arrangements for reporting unlawful content and for handling reports are set out in Article 10 of these Terms.

10. Reporting unlawful content and moderation

10.1 Moderation policy

VIDEAS carries out no a priori moderation. The restrictions applicable to content uploaded to the Platform are those set out in Article 4 of these Terms.

Moderation takes place after the fact, upon a report by a third party or upon VIDEAS’s own finding. Decisions to remove, restrict or suspend are subject to human review and do not result from automated processing.

10.2 Notice mechanism

Any person may report to VIDEAS the presence on the Platform of content they consider unlawful:

• through the reporting form accessible from the Legal information page;
• by email to [email protected].

So that it can be acted upon, a report must include a sufficiently substantiated explanation of the reasons why the content is considered unlawful, the precise electronic location of that content, the name and email address of the person submitting the report — except where the report concerns an offence relating to the protection of minors — and a statement of good faith as to the accuracy of the information provided.

VIDEAS acknowledges receipt of the report without delay, handles it in a timely, diligent, non-arbitrary and objective manner, and informs its author of the decision taken and of the redress available to them.

10.3 Statement of reasons

Where VIDEAS removes content, restricts its visibility or access to it, suspends its monetisation, or suspends or deletes an account, it informs the User concerned and provides a statement of reasons setting out the measure taken and its scope, the facts and circumstances that led to its adoption, its contractual or legal basis, and the redress available to the User.

That statement is provided to the User no later than the time the measure takes effect, unless a legal provision or an order from an authority prevents it.

10.4 Point of contact

VIDEAS designates as its single point of contact, for Users and competent authorities alike, the address [email protected]. Communications may take place in French or in English.

10.5 Abusive reports

Presenting content as unlawful in order to obtain its removal or to have its distribution stopped, in the knowledge that the information is inaccurate, is punishable under Article 6 of the French Law on Confidence in the Digital Economy by one year’s imprisonment and a fine of €15,000.

VIDEAS may suspend, after a warning, the handling of reports from a person who frequently submits manifestly unfounded ones.

11. Force majeure

Neither party shall be held liable for the delay or failure to perform all or part of its obligations under these Terms due to a force majeure event, provided it meets the legal and case-law conditions required to qualify as force majeure under French law.

However, the parties agree that the following events shall be deemed to constitute force majeure:

Interruption of energy supply, failure and/or interruption of transmission networks including internet access, breakdown and/or sabotage of telecommunications equipment, cyberattacks, fire, lightning, flood and other natural disasters, water damage, exceptional weather, breakdown, epidemic, riot, war, civil war, insurrection, terrorist attack, explosion, vandalism, total or partial strike, lockout external to VIDEAS.

These various events shall constitute force majeure whether they concern VIDEAS, its suppliers or partners.

12. Hyperlinks

Use of the Platform may involve sending hyperlinks leading to other websites over which VIDEAS has no control. VIDEAS disclaims all responsibility for the content of these sites and any updates that may be made to them.

13. Suspension and deletion of a User account

13.1 Account deletion by the User

The User may delete their account at any time by unsubscribing from the Platform and closing their user account.

13.2 Suspension or deletion of the User’s account

13.2.1 For fault

VIDEAS reserves the right to suspend a User’s account in the event of a breach of any of their obligations under these Terms, particularly in the event of publication of manifestly unlawful content or content contrary to the conditions set out in Article 4.

Where applicable, VIDEAS shall inform the User by email, asking them to remedy the breach. However, if the nature of the breach is such that the service cannot be continued, VIDEAS may terminate these Terms as of right and delete the user account immediately.

Any suspension or deletion of an account gives rise to the statement of reasons provided for in Article 10.3.

13.2.2 In the event of termination of service to the User

In the event of termination of the service contract between VIDEAS and the User, the User’s account on the Platform shall be deleted.

13.3 Consequences of account suspension and deletion

In the event of account suspension, the User shall no longer have access to the Platform until the breach that caused the suspension has been corrected.

In the event of account deletion, the User shall no longer have access to the information it contains, particularly any documents they may have stored via the Platform. Information recorded within the Platform shall be deleted or returned and deleted from VIDEAS databases upon the User’s instructions.

However, as VIDEAS is required to comply with its legal obligations as a host, the Client is informed and accepts that VIDEAS shall retain, for the duration and under the regulatory conditions, data that would enable the identification of anyone who contributed to the integration of content into the Platform, with a view to their possible communication to the courts. Subject to this reservation, VIDEAS is bound by the strictest professional secrecy regarding this information.

14. Maintenance

VIDEAS reserves the right to suspend or limit access to all or part of the Platform, and thereby interrupt the provision of Platform features, for maintenance purposes.

The User shall be informed by a notice on the Platform.

15. Support

The User may contact VIDEAS by email at [email protected] or via the contact form for any questions regarding the use of the Platform.

16. Severability – Interpretation

The failure by VIDEAS to exercise, at any time, a prerogative recognized by these Terms shall in no case be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.

The invalidation of one or more provisions of these Terms shall not affect the validity of the remainder of the contract and any other clause.

17. Complaints – Disputes

These Terms are governed by French law, subject to any mandatory rules that may be provided for by other applicable legislation.

In the event of a dispute, the User is invited to address their complaint to VIDEAS under the conditions indicated in Article 15.

In the event of a dispute arising in the interpretation or performance of these Terms, the parties agree that the dispute shall be governed by French law and assign exclusive jurisdiction to the Commercial Court of Lille.

That jurisdiction clause is not enforceable against a User acting as a consumer, whose position is governed by Article 13 of the Terms of Sale.