General Terms and Conditions – use of the Makidoo app
Dream and Achieve, a French société par actions simplifiée (simplified joint stock company) with €56357 capital, entered in the Trade and Companies register of La Roche-sur-Yon number 821 620 531 with head office at 123 boulevard Louis Blanc, 85000 La Roche-sur-Yon (France), provides users as defined hereinafter a digital app (hereinafter “Makidoo” or “App”) available for downloading from digital app e-commerce websites (hereinafter “Stores”).
Makidoo is a guided automatic video shooting and production mobile app. Makidoo is available for iOS, Android and Windows Phone devices and is offered for downloading from Stores. Makidoo is also available from the website www.makidoo.io (hereinafter “Site”).
Users, consumers and non-professionals have specific rights as detailed under the French Consumer Code.
The General Terms and Conditions take effect from March 15, 2017 and may be changed by Dream and Achieve at any time to include any statutory or case law amendment applying to e-commerce, any change to General Terms and Conditions of any Store, and any technical or technological development improving the App.
Article 1 – Purpose
The General Terms and Conditions are intended to establish terms and conditions under which Users may access and use the App. Users hereby authorize Makidoo to produce personalized videos created from the App provided for Users.
Article 2 –User identification
2.1. User means a natural or legal person who has downloaded Makidoo from the Stores or the Site and who has been identified when setting up an account.
Users declare that they are adults and have legal capacity to use Makidoo’s features.
2.2. To open an account and access their private area (hereinafter “Private Area”), Users shall give their address, family name, first name, email address and language. Once identified, they can log in again using their email address and a password of their choice. The password is strictly personal and must be kept secret. Users expressly recognize that entry of their email address followed by their password constitute a valid means of identification.
2.3. By setting up an account via the Site or the App, Users take note of and accept Makidoo’s General Terms and Conditions.
3.1. Once identified and depending on options chosen, Users pick a shooting topic from those suggested such as “slice of life” or “business presentation “.
3.2. Users import / upload to Makidoo text, pictures, logos, brands, sounds, or videos they want to process / script in the format recommended by the App or the Site. They can also create videos, photos, sounds and text directly via the App or use content from the picture or video bank provided by Dream and Achieve.
The Maki assistant suggests shooting activity, shots and timing for the production depending on Users’ topic and profile.
3.3. The completed production is saved automatically in the photo or video gallery of Users’ mobile device and in the Private Area, i.e. Users’ own area in the App.
3.4. Users can share the completed production by email or via social media such as Twitter, Facebook, Pinterest, Flickr, Instagram, etc.
3.5. Except where Users have opted for the “white label” service, the ” ” logo may appear on the completed production without Users being able to remove it.
Article 4 – Order confirmation
4.1. Order placement – double click
A contract is valid once Users have been identified and have placed an order (first click), have been able to read and accept the General Terms and Conditions, have checked their order, corrected any errors therein and then confirmed by a second click, pursuant to Articles 1125 to 1127-3 of the French Civil Code.
The double-click procedure establishes consent by non-professional and professional consumers and entails payment of the amounts due for Dream and Achieve to execute the order.
Pursuant to Article L221-14 of the French Consumer Code, any order confirmed by a second click entails a duty to pay.
4.2. Contract confirmation
An email with the General Terms and Conditions for consumer and non-professional Users shall be sent to Users’ email address as written record of the established contract. Such confirmation email shall include the order number and will allow Users to retrieve all details under the general disclosure obligations pursuant to Articles L221-5 and L221-11 and following of the French Consumer Code.
So it is strongly recommended that Users should keep such acknowledgment email.
Article 5 – Dream and Achieve’s duties
5.1. Users expressly acknowledge that Dream and Achieve’s duties under the General Terms and Conditions are each akin to a duty of care. Dream and Achieve shall take all reasonable steps as habitually carried out in the industry to protect against hacking and other malicious acts.
5.2. Dream and Achieve’s liability may only be incurred by demonstrating a fault attributable to Dream and Achieve.
5.3. Specifically, Dream and Achieve may not be held liable for any damage caused to Users’ computer equipment following downloading or use of Makidoo.
Article 6 – User liability and warranty
6.1. Users shall be responsible for their use of Makidoo. As such, they undertake to use it pursuant to current laws and they specifically undertake to refrain from:
– Using Makidoo content that could be deemed infringement of intellectual property rights;
– Passing on content that runs contrary to public order and ethics;
– Infringing on personal image rights.
Users warrant that they are duly entitled to use the content, pictures, videos, texts or photos that they import or download to the App.
6.2. Users acknowledge that they are solely responsible for the use they make or which could be made by a third party other than Dream and Achieve of the completed production.
6.3. Users hereby hold Dream and Achieve free of any claim or action brought by a third party against Dream and Achieve under the General Terms and Conditions, including any claim for infringement of intellectual property rights or for Users’ misuse of Makidoo. Said guarantee shall cover all legal defense fees of Dream and Achieve.
6.4. Users authorize Dream and Achieve to use their pictures, videos or audio for marketing purposes, in any medium, and within three years from expiry of the General Terms and Conditions free of charge.
6.5. Dream and Achieve shall allow Users to control third party access to their content by selecting their own set-up. Users acknowledge that they are solely responsible for such selection.
Article 7 – Financial terms
7.1. Consumers and non-professional Users
Downloading Makidoo and setting up accounts are free for consumers and non-professional Users. Such Users shall be entitled to a free trial as described on the Site and App. Dream and Achieve offers Users seeking the full range of options extension packs at prices and terms as specified on the Site and the App.
7.2. Professional Users
Downloading Makidoo and setting up professional accounts are not free of charge and prices are specified on the Site and the App.
Professional Users using Makidoo must pay a subscription fee or a monthly or annual subscription based on terms and conditions specified on the App and the Site.
7.3. Prices on the App and the Site are stated in euros (€) excluding VAT.
VAT will be applied at the current French statutory rate. If French VAT rates change, prices will be immediately updated with no prior warning.
While Dream and Achieve reserves the right to change prices at any time, any price changes shall not apply to current contracts / subscriptions.
In the event of late payment, pursuant to Article L 441-6 of the French Commercial Code, a late payment charge based on three times the applicable statutory interest rate together with a flat €40 debt collection fee per unpaid invoice, shall fall due.
7.4. Payment shall always be made by credit card when confirming the order. Users warrant to Dream and Achieve that they are duly entitled to use the payment method stated on the order confirmation. Dream and Achieve reserves the right to suspend execution of any order if credit card payment is refused by the relevant institution or if payment is not made.
7.5. Dream and Achieve may set up an order checking process to prevent unauthorized third party use of bank accounts or identity theft. Users may be asked to email email@example.com a copy of both sides of an ID document and / or a copy of the credit card used for payment (double-sided copy, taking care to show only the 4 first and last 2 digits of the number on the front and to mask the cryptogram and full number of the card that may appear on the back) and proof of address. The order will only be validated on receipt and verification of the documents sent. Users may not hold Dream and Achieve liable in the event of identity theft unless it is shown that the address supplied is completely and obviously false.
7.6. Only in respect of business users: Should users pay amounts falling due after the agreed terms of payment, specifically after the due payment date as stated on the users’ invoice, late payment penalties based on three times the applicable statutory interest rate applied to the total amount payable as stated on said invoice, shall automatically fall due for payment to Dream and Achieve without any prior notification required.
Article 8- Right of withdrawal
Given that Users’ creation of videos with Makidoo via the App is deemed a supply of goods made or clearly personalized to consumers’ specifications, Users may not claim to exercise a right of withdrawal under Article L. 221-28, 3° of the French Consumer Code.
Article 9 – Intellectual property
9.1. Dream and Achieve is the exclusive owner of computer app Makidoo, which is protected by copyright (Article L111.1 and following of the French Intellectual Property Code).
9.2. Dream and Achieve grants Users a license for personal, non-exclusive and non-transferable use of Makidoo under conditions defined in these General Terms and Conditions.
The license is granted for a period established in
Article 10 for the whole world.
However, it is formally forbidden for Users to:
– Carry out any form of reproduction or representation of Makidoo;
– Alter or obscure in any way the trademarks, distinctive signs or statements of copyright displayed on Makidoo and on final productions without express approval from Dream and Achieve;
– Change or seek to circumvent any legal protections used by Makidoo.
Users are not authorized to outsource use of Makidoo.
Article 10 – Duration
Duration of the General Terms and Conditions is specified in quotes and relates to the subscription period.
A subscription contract will be tacitly renewed unless Users terminate it at least one month before expiry of the relevant period.
Pursuant to Article L215-1 of the French Consumer Code, Dream and Achieve shall inform Users by email, between 3 months and 1 month prior to expiry of the first period, of the option to terminate the contract.
Article 11 – Protection of Users’ personal data
11.1. Users are required to provide personal details including family name, first name, email address and language when completing forms supplied to set up an account.
Dream and Achieve needs such data both to process Users’ requests and to offer options best suited to a User’s profile and requirements.
11.2. Dream and Achieve complies with French Data Protection Act 78-17 dated January 6, 1978 (“CNIL”) as amended, as well as EU Data Protection Regulation 2016/679 dated April 27, 2016. Dream and Achieve undertakes to take all necessary steps to properly secure personal information it receives. No personal information shall be disclosed to third parties without Users’ prior approval thereto.
11.3. Users may at any time exercise their rights to view, inspect, rectify, oppose, delete, restrict processing or prevent transfer of data provided on subscription or subsequently to Dream and Achieve, by sending an email to firstname.lastname@example.org.
11.4. Pursuant to Article 40-1 (amended) of the January 6, 1978 French Data Protection Act referred to above, Users may send Dream and Achieve such instructions as they wish to have applied in the management of personal data after death. Instructions may be sent to email@example.com.
Article 12 – Data hosting and security
12.1. As host, Dream and Achieve exercises no control over the content of personal data or unreviewed data that Users place on the App (hereinafter “Data”). However, if so advised, Dream and Achieve shall delete or prevent access to any content resulting from illicit use of the App.
12.2. Dream and Achieve undertakes to comply with rules issued by the CNIL as regards Data storage location. The principal redundant servers are located in France or a country in the European Union.
12.3. Dream and Achieve provides Data hosting for Users’ in Private Areas on its servers in a secure server center. Dream and Achieve shall be free of all liability on account of type or content of customer Data or information and usage thereof. Similarly, Dream and Achieve shall be free of all liability on account of quality of Data and electronic transmission via telecommunication networks and generally on account of quality and reliability of telecom links between customer work stations and points of access to Private Areas.
12.4. Data integrity
Dream and Achieve undertakes to safeguard the integrity of User Data in respect of both hosting and backup operations. The integrity of all Data means retrieving an intact copy thereof such that it shall have undergone neither alteration nor change and shall be capable of being identically restored in a comprehensible format based on market standards.
12.5. Data Security
Dream and Achieve undertakes to take all known steps to prevent unauthorized third parties from physically accessing the server and undertakes to employ state-of-the art technology to prevent hacking of the server. The Customer is aware that contingencies inherent in IT operations prevent Dream and Achieve from committing to said objectives under a duty to achieve a fixed outcome.
Article 13 – Data Storage – Back-up
13.1. Dream and Achieve backs Data up. This means Data is safeguarded so that an identical copy thereof can be retrieved. Backups are carried out once a day. Data is backed up to two identical copies stored in two different locations. Should there be an accident to hosting facilities and equipment, Dream and Achieve shall retrieve Data as soon as possible from the most suitable backup copy.
13.2. Dream and Achieve keeps a trace of connections with Identifiers.
Article 14 – Miscellaneous
14.1. Should any clauses in these General Terms and Conditions turn out to be void, such clause shall be deemed not to have been written but shall not result in making all other clauses void.
14.2. Any tolerance or waiver by one party hereto in respect of all or part of duties stated under these General Terms and Conditions, regardless of frequency or duration, shall not result in a change to said General Terms and Conditions, nor create any new entitlements.
14.3. Should the General Terms and Conditions be translated into a foreign language, only the French version shall prevail.
Article 15 – Settlement of litigation
These General Terms and Conditions are subject to French law.
In any litigation, Users may opt for agreed mediation or any other means of settling litigation including the Consumer Ombudsman (Chapter 1 of the French Consumer Code Book IV) available from www.economie.gouv.fr/mediation-conso/saisir-mediateur.
All litigation shall be heard by the competent court for the defending party’s residence or, if the defending party so chooses, the competent court where the service was performed. Nevertheless, for professional Users, only the Nantes Commercial Court shall have jurisdiction.