Terms and Conditions

1. Company Presentation

These Terms and Conditions (T&C) govern access to and use of the services provided by Skallup (hereinafter the "Company"), a simplified joint-stock company registered with the Lille Métropole Trade and Companies Register under number 952 771 509, with its registered office at Bureau 3, 34 Place du Général de Gaulle, 59800 Lille, and a share capital of €64,900.00.

For any correspondence, the Client is invited to contact the Company at support@playshorts.io.

2. Services Offered

The digital services for designing and distributing marketing content provided by the Company (hereinafter the "Services") include the creation of short video content, referred to as "Videos".

Clients and their collaborators (hereinafter "Users") may use the software accessible at www.playshorts.io (hereinafter the "Software") to create or import video content and apply the editing features provided by the Company.

3. Governing Documents

These Terms and Conditions constitute the exclusive document governing the relationship between the Company and the Client, defining the terms of use of the Services and the mutual obligations of the Parties.

The Client may consult the T&C via a direct link at the bottom of the Company's website: www.playshorts.io.

The Client agrees to the T&C by checking an acceptance box during registration. If refused, access to the Services is not possible.

The T&C may be supplemented by special conditions, which shall prevail in case of contradiction.

4. Conditions of Access to Services

The Client, as a legal entity, acts through an individual authorized to enter into a contract on its behalf.

The Client certifies being a professional and holds the necessary authorizations to subscribe to the Services and use the Software in accordance with these T&C.

5. Subscription Process

The Client completes a registration or order form providing all required information. The Company reserves the right to refuse any registration from a Client that does not meet the required conditions.

The order is considered final once the information is validated and payment is accepted by the payment platform. Order confirmation is sent to the Client electronically.

6. Access to Services

The Client may access the Services via the Platform using personal and confidential login credentials.

The Client is solely responsible for any use of their account, including any action carried out by third parties who have obtained access to their credentials.

7. Description of Services

The Client acknowledges having reviewed the technical characteristics and constraints of the Services, including the need for a suitable internet connection, required software and hardware compatibility, and any limitations of features based on the subscription plan.

The Services allow the Client to create or import Videos via the Software, integrate content on various digital media such as websites, emails, or pop-ups, access certain third-party content when they mention or tag the Client's brand, and benefit from analytics and content consumption tracking features.

The Company reserves the right to offer additional Services or features, and any substantial modification will be communicated to Clients via the Platform.

Technical support is available Monday to Friday, 9 AM to 6 PM (French time), excluding public holidays. Data hosting is provided by a professional provider located in the European Union.

The Company endeavors to ensure the accessibility and proper functioning of the Services. Services are provided on a best-efforts basis. Access may be temporarily interrupted for maintenance, updates, security, or due to technical constraints.

8. Duration and Renewal

Monthly subscriptions are for an indefinite period and may be cancelled at any time by the Client without notice. Cancellation takes effect at the end of the current monthly period. No refund is granted for periods already started.

Annual subscriptions are for an initial period of twelve months and are automatically renewed for successive periods of the same duration, unless cancelled by either Party before the end of the current period. No refund is granted for any annual period already started.

9. Payment and Access

Service prices are detailed on the Platform or on the corresponding invoice. Any period started is due in full.

In case of early termination, no refund is provided for the current period. The Client retains full access to Services until the end of the already paid period.

Subscriptions automatically renew according to the periodicity chosen by the Client until express cancellation.

10. Intellectual Property

The Company holds all intellectual property rights to the Software, databases, and content. The license granted to the Client is non-exclusive, personal, non-transferable, and limited to the subscription duration.

The Client retains intellectual property rights over the content they import. The Company benefits from a limited, non-exclusive license to reproduce, represent, adapt, modify, distribute, and publish the Videos solely within the scope of the Services.

The Client undertakes to obtain all necessary authorizations for the use of Users' image, name, or voice within the Services.

For third-party content features, the Client remains solely responsible for obtaining all necessary authorizations and rights. The Client indemnifies the Company against any claims from third parties.

Subject to the Client having obtained all authorizations, the Client grants the Company a worldwide, royalty-free, non-exclusive license to use the Videos for communication and promotional purposes during the subscription and for three years after its termination.

11. Client Obligations and Liability

The Client undertakes to provide accurate and up-to-date information, to ensure the confidentiality of their credentials, to use the Services in accordance with these T&C and applicable legislation, and to indemnify the Company for any damage resulting from non-compliance.

The Client shall not publish or distribute any illegal, defamatory content, or content that infringes on third-party rights or is likely to harm the Platform's security or functioning.

12. Company Obligations and Liability

The Company undertakes to provide the Services with due diligence on a best-efforts basis, to maintain access to the Services 24/7 outside of planned maintenance or force majeure events, to back up Client data while not being responsible for accidental losses, and to ensure data security and confidentiality.

13. Limitation of Liability

The Company's liability is limited to direct and proven damages suffered by the Client. Except in cases of bodily injury, death, or gross negligence, the Company's total liability shall not exceed the amount actually received for the Services concerned.

The Company shall not be held liable for indirect damages, including loss of profit, data loss, business interruption, or any other economic or commercial consequence.

14. Evidence

All exchanges, orders, and data collected via the Platform, including connection logs and usage histories, constitute admissible evidence and are enforceable against the Parties.

15. Personal Data

The Company applies a personal data protection policy accessible on the Platform. The Client consents to the processing of their data in accordance with this policy and applicable legislation.

16. Confidentiality

The Parties undertake to keep confidential all information exchanged during the contractual relationship and for a period of three years after its termination, except where required by law or where the information is already publicly known.

17. Force Majeure

Any event beyond the reasonable control of the Parties suspends the performance of obligations. If such an event lasts more than thirty business days, the Company may terminate the contract without prejudice to obligations already performed.

18. Termination of Services

The Subscription may be terminated at any time by the Client or the Company. Services remain accessible until the end of the already paid period. The Client may export their Videos until the last day of the Subscription. No refund will be granted for periods already started.

19. Sanctions for Breach

In case of breach by the Client, the Company may suspend or terminate access to Services, send a formal notice with a fifteen-day deadline to remedy the breach, and take any legal action necessary to enforce its rights and claim damages.

20. Modifications to Terms

The Company reserves the right to modify these T&C at any time. The Client will be notified of modifications at least thirty calendar days before they take effect. Continued use of the Services after notification constitutes acceptance of the new T&C.

21. Language

These T&C are drafted in French and the French language shall prevail in case of any divergence of interpretation.

22. Applicable Law and Jurisdiction

These T&C are governed by French law. Any dispute relating to the interpretation or performance hereof shall be submitted to the exclusive jurisdiction of the courts of Lille, France, unless otherwise required by mandatory law.