General Terms & Conditions of Use

as of 09/20/2022

🇫🇷 French version here

The purpose of these General Terms and Conditions of Use (hereinafter "GTCU") is to define the terms and conditions of access to and use of the platform made available by PRAIZ, a Société par Actions Simplifiée (simplified joint stock company), registered in the Paris Trade and Companies Register under number 910 048 875, whose registered office is located at 9 rue d'Anjou, 75008 Paris, represented by its legal representative (hereinafter "PRAIZ"), as well as the rights and obligations of users in this context.

1. Definitions

In the TOS, the terms identified below by a capital letter have the following meaning, whether used in the singular or plural:
- Customer: refers to any legal entity or natural person, registered as a professional in the trade and companies register or any equivalent commercial register, who has subscribed to the Platform;
- User Account: refers to the personal space created by the User on the Platform, as described in article 3.1 below.
- Data: refers to all data collected, generated or processed via the Platform.
- Personal Data: refers to Data which, within the meaning of the Regulations applicable to the protection of personal data, makes it possible to designate or identify, directly or indirectly, a natural person;
- Recording: refers to any video recording which the User may access on the Platform;
- Platform: refers to the platform published by PRAIZ and made available to the User;
Regulations applicable to the protection of personal data: refers to all regulations applicable to the protection of personal data and in particular Regulation (EU) n°2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR" and Act n°78-17 of 6 January 1978 as amended known as the "Data Protection Act".
- Services: refers to the Recordings viewing, collaboration and commenting services offered on the Platform.
- User: refers to any natural person of legal age and capacity authorised by the Customer to access the Platform in order to use the Services, regardless of where they are and how they access it.

2. Acceptance of the GTCU
The GCU constitute a contract between the User and PRAIZ. Access to the Services offered on the Platform is subject to the User's express and unreserved acceptance of the GTUs. Failure to accept the GTUs will make it impossible for the User to access and use the Platform.
The GTUs are accepted when the User's Account is created under the conditions of article 3.1.
PRAIZ reserves the right to modify and/or update the GTUs, depending on the technical development of the Platform or due to changes in legislation, at any time and without prior notice.
The User will be informed of the new GTUs the next time he/she connects to the Platform.Access to and use of the Platform will be subject to the GTUs in force at the time of such access and use.
In the event that one of the clauses of the GTUs becomes null and void due to a change in legislation or regulations or is declared as such by a final court decision, this will in no way affect the validity of and compliance with the other clauses of the GTUs.

3. How to access the Platform

3.1 Creating a User Account
Access to the Platform requires the creation of a User Account. To do this, the User must have a valid email address. The User is then invited to read the GTUs and, if they accept them, to click on the corresponding checkbox to finalise the creation of their User Account. By clicking, the User acknowledges that he/she has read the GTUs, understood them and fully accepts all their stipulations, without restriction or reservation.the User then receives an email confirming the opening of the User Account, to the email address he/she has indicated. The User agrees to provide and maintain accurate, up-to-date and complete information concerning him/her. PRAIZ shall not be held liable under any circumstances in the event of delay or impossibility of access to the Platform due to erroneous or incomplete information entered by the User when requesting the creation of a User Account. In this respect, Users may change their personal details and password directly from their User Account at any time.
The User's password is personal and confidential. The User must keep it securely and undertakes not to divulge it to third parties for any reason, in any way or in any form whatsoever. The User also undertakes to ensure that at the end of each session of use of the Platform, he/she logs off properly. In the event that his/her authentication details are lost, forgotten or stolen, the User must change his/her password as soon as possible by clicking on the corresponding button located under the login details form. Under no circumstances shall PRAIZ be liable for the loss, theft or omission of the User's authentication details or for their fraudulent use. The User is solely responsible for accessing and using the Platform with his/her authentication details.

3.2 Minimum system requirements
Access to the Platform requires the User to have computer hardware (computer, tablet or smartphone), a broadband internet connection and an up-to-date web browser, preferably Google Chrome or Microsoft Edge. Internet Explorer is not supported. Internet Explorer is not supported. All costs associated with accessing and using the Platform, including hardware, software and Internet access costs, are borne exclusively by the User. The User is solely responsible for the proper operation and security of his/her computer equipment and Internet access.

3.3. Platform availability
The Platform is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of PRAIZ and except for interruption, suspension or limitation as part of maintenance operations and/or updates necessary for the proper functioning of the Platform.PRAIZ is only bound by an obligation of means concerning the accessibility, functioning and availability of the Platform or its content. PRAIZ reserves the right to interrupt, suspend or limit access to all or part of the Platform, in particular due to legal or technical constraints. The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without prior notice and that they shall not give rise to any obligation or compensation for the User.

4. Plateform Use
The User undertakes to use the Platform solely for his or her own needs, in accordance with the GCU, and in compliance with the laws and regulations applicable in France. On the Platform, the User will be able to view Recordings and collaborate and comment on Recordings with other authorised users.

It is strictly forbidden to use the Platform for the following purposes:
- carrying out illegal, discriminatory or fraudulent actions or actions that infringe the rights or security of third parties;
- downloading or distributing illegal or infringing content;
- downloading or installing malicious software or other viruses on the Platform;
- accessing or extracting Data from other users of the Services and/or the Platform; - any action aimed at interrupting, suspending, slowing down or preventing the continuity of the Services and/or the Platform;
- any intrusion or attempted intrusion into PRAIZ's systems;
- any breach of security and authentication measures;
- creation of multiple accounts in order to circumvent the limits of the free trial;
- any act likely to infringe the rights and interests of PRAIZ or the Users of its Services and/or its Platform.
- PRAIZ reserves the right to terminate the User's access to the Platform in the event of non-compliance with this article, without prejudice to any damages that PRAIZ may seek.

5. Garanties
PRAIZ guarantees the confidentiality and security of the Recordings and/or Data. However, PRAIZ does not guarantee the accuracy, completeness, timeliness or other quality of the Recordings and/or Data integrated and disseminated by the User on the Platform, for which the User is solely responsible. PRAIZ does not grant any other express or implicit guarantee, including, but not limited to, the non-infringement of the rights of a third party, the continuity, performance and/or durability of the Platform and/or the suitability for a particular purpose or the adequacy of the Platform to the User's needs, nor does it guarantee that it is free from anomalies, errors or bugs or that it will function without breakdown or interruption. The Platform is provided on an "as is" and "as available" basis.
Access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. PRAIZ does not guarantee that the Platform or its servers will at all times be free of viruses or any other component likely to cause damage. It is the User's responsibility to take all appropriate measures to protect their own hardware, data and/or software stored on their computer equipment against any attack.

6. Responsabilities
Access to and use of the Platform are the sole responsibility of the User. The User is solely responsible for the proper use, with discernment and spirit, of the Platform, the Recordings and the Data that he/she integrates and disseminates therein. The User is responsible for installing anti-virus and other security measures on his/her computer system. To the fullest extent permitted by applicable law, PRAIZ expressly excludes its liability for any indirect damage, resulting from or in connection with access to the Platform, its use, its malfunction or its unavailability, whatever the nature and duration thereof.PRAIZ is only liable for direct damage which may be caused to the User as a result of the poor performance and/or non-performance of the obligations incumbent upon it by virtue of the GCU. The User acknowledges that PRAIZ remains free to correct and/or modify the Platform at any time and without prior notice, without such correction and/or modification giving rise to any right of recourse on its part.PRAIZ shall not be held liable, in general, in all cases where the non-performance or poor performance of the GCU results from a case of force majeure or fortuitous event beyond its control.

7. Intellectual property
The Platform, the Services and all content present on the Platform, published by PRAIZ (the "Protected Elements") are protected by intellectual property rights (such as in particular all copyrights, patent rights, trademark rights, database producers' rights, and all other existing or future French and international intellectual property rights) and belong to PRAIZ or to third parties who have authorised PRAIZ to use them. The use of the Platform in no way confers on the User a right of ownership and/or an intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform and the Services in accordance with their purpose and in compliance with the GCU.
It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of PRAIZ. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, disseminate, distribute or transfer all or part of the Platform, create works derived from the Platform, or authorise a third party to commit such acts, without the prior written consent of PRAIZ. Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of PRAIZ and/or third party licensors and may result in civil and criminal proceedings.

8. Rules governing comments published on the Platform
The User may comment on the Recordings published on the Platform. Any message, information, comment, image, reply, text, video, etc. posted by a User on the Platform must comply with current legislation. In this respect, the User undertakes to : not to violate the privacy of others or the image rights of others; not to publish comments or disseminate content that is disparaging, abusive, defamatory, obscene or offensive; not to publish infringing content; not to publish comments or disseminate content aimed at harassing and/or intimidating another User; not to publish content promoting dangerous or illegal activities; not to publish comments or disseminate content that is manifestly illegal. PRAIZ provides a posteriori moderation. It may not be held civilly liable for comments made by the authors of comments, provided that after receiving notification of the publication of manifestly illicit content, it has promptly removed or made it impossible to access said content on the forum.
Any User who considers that he/she has suffered damage as a result of the publication of manifestly illegal content on the forum, within the meaning of Article 6-I-7 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), may, in the absence of a response from the author of the content or if it is impossible to contact the author of the content, notify PRAIZ in accordance with the procedure set out in Article 6-I-5 of the LCEN. All Users may report content that infringes their rights or those of third parties using the reporting forms provided on the Platform.

9. Personal data protection
PRAIZ is concerned about the protection of the personal data of the Users of its Platform and undertakes to protect them in accordance with the applicable regulations and in particular Regulation (EU) n°2016/679 of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR" and Law n° 78-17 of 6 January 1978 as amended, known as the "Data Protection Act" as amended. To find out more about the rules for protecting personal data, the User is invited to consult the PRAIZ Privacy Policy, available on the Platform.

10. Duration - Termination

The GCU come into force as soon as they are accepted by the User and for as long as the User uses the Platform.

10.2. In the event of use of the Platform by the User which does not comply with the GTCU, in the event of breach by the User of the GTCU, or more generally in the event of violation of applicable laws and regulations, PRAIZ may terminate all or part of the User's access to the Platform by operation of law, without prior notice or compensation. PRAIZ may pronounce this termination without prejudice to all other rights, actions and remedies that PRAIZ may have in order to compensate for the damage that it may have suffered as a result of these breaches.

If the User Account is deactivated, the Recordings, Data and, in particular, the User's Personal Data, will then be archived in a secure environment, for the legal period of prescription for the purposes of proof for the establishment, exercise or defence of a legal right, in accordance with the regulations applicable to the protection of personal data.

11. Applicable law and competent courts

11.1. The GCU will be executed and interpreted in accordance with French law.

11.2. The parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or performance of the GCU. In the event of persistent disagreement, the dispute will be referred to the competent courts.

12. Contact
For any information concerning the GCU, the User may contact Praiz by e-mail at the following address:

see also: Conditions Générales de services (CGS)