DEEALOG - TERMS AND CONDITIONS

WELCOME, AND THANK YOU FOR YOUR INTEREST IN DEEALOG.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE DEEALOG SERVICE. BY ACCESSING OR USING THE SERVICES OR ANY FUNCTIONALITY THEREOF ON ANY COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICES (TOGETHER “DEVICES'' AND EACH A “DEVICE”), YOU CONFIRM THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ANY OTHER APPLICABLE LAW.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS OR USE THE SERVICES OR ANY FUNCTIONALITY THEREOF.

1. OWNER AND OPERATOR INFORMATION

1.1 The Services are owned and operated by LIVDEO SAS, a company whose registered office is located at 2 Grande Rue, 70190 BUSSIERES, FRANCE (“LIVDEO SAS”).

1.2 DEEALOG is a product exclusively owned and operated by LIVDEO SAS.

1.3 For the purposes of these Terms and Conditions of Use, any reference to “LIVDEO”, “WE” or “US” may be a reference to the LIVDEO SAS.

1.4 All “LIVDEO” and “DEEALOG” logos and trademarks are the exclusive property of LIVDEO SAS.

        2. DEEALOG SERVICE OVERVIEW

2.1. DEEALOG is an inclusive video display solution provided by LIVDEO and intended for public spaces who share information with their visitors through video screens. It allows them to broadcast video materials on their existing screens with multilingual audio synchronization (including sign languages and adaptive levels of narration). This solution is made available directly through the visitors’ smartphones.

        3. USER RESTRICTIONS AND ACCESS

3.1  You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity's behalf.

3.2 In order to use certain current or future functionalities of the Services, you will be required to register and create an account on https://my.deealog.studio.

3.3 Be aware that the use of the functionalities of the Services require an internet connection.

3.4 When creating an account, we will need some of your personal information such as your First and Last Name, your Phone Number, your Mail and eventually, your Company’s Name if you register as such.

3.5 Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the service. Moreover, processing this data is necessary under security aspects, particularly for access, input, transfer, and storage control. Furthermore, we may use anonymous information for statistical purposes and service optimization. Besides, the log files can be checked and analyzed retrospectively when the software’s unlawful use is suspected. The legal basis for this is Article 6.1.f of the GDPR.

3.6 Generally, data such as the website’s domain name, the web browser and web browser version, the operating system, the IP address, and the timestamp of the access to the software are collected. The scope of this logging does not surpass the standard log scope of any other websites on the web.

These logs are collected for a period of up to 30 days. There is no right of objection to this.

4. GENERAL PAYMENT TERMS

4.1 Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

4.2 DEEALOG services are based on a monthly plan subscription.

For now, we operate 4 (four) different plans that can be canceled, upgraded or downgraded at any time via your Dashboard portal (https://my.deealog.studio) .

Here is a listing of those plans with their own specifications and prices (per month) :

4.3 Additionally, we offer you the opportunity to build your own DEEALOG experience fitting your exact needs (in terms of number and duration of their videos, duration of playlist, video quality and usable DEEALOG devices) through our Enterprise Plan program.

4.4 You authorize LIVDEO to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by LIVDEO, to the payment method specified in your account. If you pay any fees with a credit card, Livdeo may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.5 We use Stripe as our payment managing system for each monthly subscription. When selecting a new monthly plan, you will be directed to our Stripe payment portal.

Stripe needs to collect information about you in order to pursue with the online transaction. Here is how Stripe operates the data you are required to share with their services (from their Privacy Policy and Terms and Conditions of Use - https://stripe.com/fr/privacy):

4.6 The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize LIVDEO to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription , or we terminate it. You must cancel your subscription before it renews in order to avoid billing the next periodic Subscription Fee to your account.

We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings in your DEEALOG Dashboard or by contacting us at: contact@livdeo.com.

4.7 LIVDEO may suspend or terminate access to the Service for any account for which any amount is due but unpaid.

        5. USER GENERATED CONTENT

5.1 You are allowed to upload and edit Videos on DEEALOG Studio. You can then organize them through playlists, alongside with your own audio tracks, descriptions and subtitles.

5.2 You are solely responsible for their “User Generated Content”, your interactions with other users of the Services and your activity on the Services. You agree not to post any content or make any communications which may expose Livdeo or any of the Services’ users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.

5.3 We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Livdeo may, however, at any time and without prior notice, screen, remove, edit, or block any of your Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to “User Content” from a variety of sources and acknowledge that “User Content” may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Livdeo with respect to “User Content”. If notified by a user or content owner that “User Content” allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove “User Content”, which we reserve the right to do at any time and without notice.

For clarity, LIVDEO does not permit copyright-infringing activities on the Service.

        6. SECURITY

6.1 If you choose or are provided with a username, password or any other piece of information as part of LIVDEO’s security procedures, you must treat such information as confidential and must not disclose it to any third party nor allow any unauthorized person access to the Services under your username and/or password. You are responsible for any actions that take place while using your Services account or while using the Services via your Device and LIVDEO is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

7. INTELLECTUAL PROPERTY RIGHTS (“IPR”)

7.1 All intellectual property contained in or on the Services (except for User Generated Content) is owned by LIVDEO or its licensors. All content in the Services (except for User Generated Content) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of LIVDEO or its licensors. LIVDEO reserves all of its rights in respect of the IPR contained in the Services and in respect of the Content.

7.2 In particular, the Services contains trademarks including, but not limited to, the mark "DEEALOG" and the DEEALOG logo. All trademarks included on the Services are owned by LIVDEO or its licensors. LIVDEO reserves all of its rights in respect of the trademarks included on the Services.

7.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting Users any license of IPR owned by LIVDEO or its licensors.

8. CHANGES TO/OPERATION OF THE SERVICES

8.1 LIVDEO may change the format and content of all or any part of the Services at any time, including but not limited to removal of features or functionalities in the Services.

8.2 LIVDEO may suspend the operation of the Services, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

8.3 Updates to the Services may be issued from time to time. Regardless of the update, you may not be able to use all or part of the Services until you accept any new terms.

9. SEVERANCE

9.1 Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

10. TERMINATION

10.1 LIVDEO reserves the right in its sole discretion to terminate your account and/or access to the Services or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict their use of all or any part of the Services if those terms are not strictly respected.

10.2 After any line of action subject to Clause 10.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

10.3 You understand and agree that some of your User Generated Content may continue to appear on or through the Services or may persist in backup copies for a reasonable period of time even after their account and/or access to the Services is terminated.

10.4 These Terms and Conditions of Use remain in effect after your account and/or access to the Services is terminated.

        11. CHANGES TO THESE TERMS AND CONDITIONS OF USE

11.1 LIVDEO may change these Terms and Conditions of Use at any time after noticing users and making sure you are asked to accept them once again and for every new update or amendment.

11.2 LIVDEO must publicly amend Terms and Conditions of Use to the Services. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the Services. Any use of the Services thereafter will be on the basis of those revised Terms and Conditions of Use.

11.3 You must not use the Services if you do not agree to the terms of our revised Terms and Conditions of Use.

12. JURISDICTION

12.1 Please note that these Terms and Conditions of Use, their subject matter and their formation, are governed by French law. You and we must agree that the courts of Besançon, France will have exclusive jurisdiction.