TERMS AND CONDITIONS OF USE
Please read these terms and conditions carefully before using the online software Charlie, owned by the company Getinshoot.
The computer software entitled “Charlie” (hereinafter referred to as the “Software”) and the Internet site (https://www.yourcharlie.com/) (hereinafter referred to as the “Site”) are published by SAS GETINSHOOT, a simplified joint stock company with capital of €8,525, registered in the Avignon Trade and Companies Register under number 853 464 436 and whose registered office is located at 43 avenue du partage des eaux – l’Isle-sur-la-Sorgue (hereinafter referred to as the “Company” or “we”).
Before using the software or the Site, you must carefully read these general conditions of use (hereinafter the “GCU”), which are governed by French law.
Each person creating an account on the Charlie software and launching Video Testimonial Invitations is hereinafter referred to as a “User”.
Any person invited by a User to leave a video testimonial via the Software is hereinafter referred to as the “Interviewee”.
Use of the software implies your acceptance of the T&Cs in their entirety, materialized by clicking on “create my free account”; by logging in via your Google account or for Interviewees by clicking on “Make my testimonial”. The T&Cs can be printed from your browser’s appropriate functions. We store connection and usage data relating to your acceptance of the GTC.
The GCU may be modified at our initiative. It is our responsibility to inform you of the new version of the GCU and to obtain your acceptance of their terms. In this respect, the use of our Software by you after you have been invited to read the terms of each version of the TOU, and to accept or reject them, constitutes acceptance without restriction or reservation of the provisions of the version of the TOU then applicable.
ARTICLE I – Software description
I.1 – The software is compatible with multifunction cell phones (usually referred to as “smartphones”) equipped with the Android 5.0 or later version of the operating system, or the IOS 12.0 or later version of the operating system, together referred to as the “System”.
I.2 – The software offers a service for retrieving video testimonials and automatically editing them, inviting interviewees of your choice by e-mail or Whatsapp to capture and then upload one or more video recordings to the software.
I.3 – The functionalities of the Software may be modified at any time by the Company, in particular in the event of updates or new versions of the Software.
You expressly acknowledge and agree that you have no right to maintain any or all of the functionalities offered by the Software at the date of its first use.
ARTICLE II – Access to the Software
II.1 – When the Software is first launched, you are invited to register (i) via your Google Account or (ii) through the combination of a functional e-mail address and a password of your choice, which together constitute your “Identifier”. The Identifier presumes that all acts performed with, by, or by means of the Software under this Identifier are your acts.
Your Identifier is strictly personal, and cannot be used by another person. It is your responsibility to ensure that it remains confidential, by not disclosing it to anyone, as the Company will never ask you for your Identifier.
II.2 – In accordance with the provisions of Article 1 3° of Decree no. 2011-219 of February 25, 2011, the Software also invites you to complete, correct or confirm :
a) your full name, or the name of the company of which you are the legal representative, if your registration is made in the name and on behalf of the latter ;
b) telephone number.
c) Your company’s main color
You agree to provide accurate and complete data, all of which is required for you to use the software.
II.3 – Access to all functions offered by the Software requires an Internet connection. It is your responsibility to have a current subscription with an Internet service provider or cell phone operator, enabling the transfer of data associated with your System.
ARTICLE III – Software features
III.1 – Use by the User
III.1.1 – The Software enables each User to issue video testimonial invitations, hereinafter an “Invitation”. The User who initiates the Invitation determines the person invited to leave a testimonial, and modifies the parameters according to the features offered by the Software (questions, accompanying video, number of questions).
III.1.2 – For each Invitation thus initiated, the User invites Interviewees, whether Software users or not, to leave a video testimonial.
This Invitation is launched from the Software via Gmail, mail or Whatsapp, containing a unique link specific to each Interviewee.
III.1.3 – The User may unblock one by one the video testimonials he receives on his System from the Charlie Software.
To unlock a testimonial, the User will have to pay 25 credits previously purchased on the Charlie software.
III.1.4 – The Software offers the User automatic editing of their video testimonial. A video testimonial may contain one or more video responses depending on the number of questions asked by the User in said Invitation. Automatic video editing alternates between displaying the questions asked when creating the invitation to testify, and the associated video response, recorded by the interviewee. The video testimony is edited in two video formats: a square format of 1080×1080 pixels and a vertical format of 1080×1920 pixels.
III.1.5 – Download the image rights transfer contract signed by the interviewee who recorded the video testimony.
III.1.6 – Downloading original files recorded by the interviewee.
III.1.7 – Purchase credits to unlock video testimonials at a later date.
III.2 – Use by interviewees
The Software enables each person who has received an invitation link from a User to record a video testimonial. All video testimonials; validated by the interviewee and confirmed by the signature of the image rights assignment contract when the interviewee presses the “make my testimonial” button; cannot be deleted by the interviewee. The Software User is free to unblock and use the video testimonial.
ARTICLE IV – Credits
IV.1 – Credits
IV.1.1 – The Software does not include a subscription formula.
Sending invitations to testify is free of charge and does not require the User to commit to any period of time or pay for anything. Nor is it necessary to purchase credits to invite people to testify.
IV.1.2 – To watch and use a video testimonial that the Software has retrieved from an Interviewee, the User must debit 25 credits from his/her previously purchased credit balance.
When creating an account, the User is offered 25 credits to unlock the first video testimonial free of charge.
Once the video testimonial has been unlocked by the user, the Software takes between 1 minute and 2 hours to automatically edit the video in several formats, making available the original files and the image rights assignment contract.
In rare cases, automatic video editing may encounter technical problems. In this case, after 2 hours, the user must contact the Software’s technical support.
IV.1.3 – The cost of a credit varies according to the credit package purchased by the User. The larger the credit package, the lower the cost per unit. Below is the current price list:
- 75 credits for €60 excluding tax
- 250 credits for €150 before tax
- 500 credits for €250 before tax
IV.2.2.1 – In the event of a breach by the user of the provisions of ARTICLE 2.2, ARTICLE 4, ARTICLE 5, or ARTICLE 6, the Company may notify the user concerned of the breach in question by e-mail, and suspend the user’s account.
Suspension of the user’s account will result in the user being deprived of access to the Software, and therefore to all of its functionalities.
From the date of dispatch of the e-mail referred to in the first paragraph of this article, the user has a period of seven (7) days in which to contest the breach imputed to him, or to undertake to put an end to it as soon as his access to the Software is restored.
Any complaint that is not justified and supported by relevant evidence will not be taken into consideration.
Should the User fail to comply with the provisions of the preceding paragraphs, the Company may automatically delete the User’s account, as from the date of dispatch of a notification to this effect.
In the event that a User simultaneously or successively commits several breaches of the GCU, or in the event that a video testimonial presents a manifestly illicit character, the Company may delete a video testimonial or the account of the User in question without prior notice, as from the date of dispatch of a notification to this effect.
In the event of account suspension, the user may request the recovery or deletion of data stored in the Software.
In the event of account deletion, the user may request to recover his or her data before final deletion by the company.
IV.2.2.2 – In all cases covered by article 126.96.36.199, the user is not entitled to any reimbursement or compensation on any grounds whatsoever.
IV.2.2.3 – The Company reserves the right to terminate publication of the software. In this case, the Company will send an e-mail to all users informing them of its decision, and each user account will be terminated at the end of a period notified in the same e-mail.
IV.2.2.4 – In the event of a breach of the GCU, in particular with the aim of obtaining free credits by trickery, piracy or misuse of the rules of sponsorship, affiliation or the creation of false accounts, the Company reserves the right to award a negative balance of credits without suspending the User’s access, either permanently or temporarily.
IV.2.2.5 – The User may not request a refund for the purchase of a pack of credits, even if the pack of credits has not been used.
ARTICLE V – Obligations of Interviewees
V.1 – Interviewees’ obligations
V.1.1 – Hereafter, the term “Contribution” refers to the video response recorded by the interviewee’s system in the Charlie software.
V.1.2 – The interviewee undertakes to be the only person recording Contributions for a testimonial request.
The interviewee also undertakes to ensure that the Contributions do not contain any copyrighted work or other element likely to be protected by an intellectual property right or other exclusive right appearing in a principal way in your video recording.
In this respect, and without limitation, the interviewee agrees not to record the broadcast of a musical recording within any video recording you make, without having obtained the required authorizations from the rights holders of the said musical recording and the work it contains. Also the visual or audio recording of people other than the interviewee in the Contributions.
V.1.3 – Please note that uploading a Contribution to the Software has the effect of removing this Contribution from the Interviewee’s System. The Company may under no circumstances be required to send back a Contribution previously uploaded to the Software.
V.1.5 – The interviewee accepts that his or her data will be used by the YourCharlie software during the recording phase of his or her testimony via the Sentry service.
The type of data collected is :
- Recording time
- Device model and version
- Type of button used
- Type of browser used
- Time spent on page
- Number of refreshments
For more information on the Sentry service, click here: https://sentry.io/trust/
V.2 – User obligations
In the event that the user receives a Contribution that he or she considers to be in breach of the applicable regulations, the user undertakes to request its deletion from the Company, specifying any useful information enabling the Interviewee who uploaded the said Contribution to be identified.
V.3 – Obligations common to all Users
V.3.1 – The rights granted to Users over the Software are exhaustively listed in article 6.2.1. Consequently, you are not authorized to perform any other act, and in particular not to perform or attempt to perform the following acts:
a) distribute the Software in any form and for any purpose whatsoever, in particular by sale, loan, lease or donation;
b) grant any assignment, sublicense, or other form of transfer, in whole or in part, of the rights granted to you in the Software;
c) reproduce all or part of the Software in any form and for any purpose other than those set forth in Article 6.2.1 ;
d) arrange, adapt, translate or otherwise modify the Software, including to correct any errors, without the Company’s express prior consent;
e) reverse engineer, decompile or disassemble all or part of the Software, it being specified that if you intend to carry out all or part of such operations for the sole purpose of obtaining the information necessary for the interoperability of the Software with other software, you undertake, prior to any intervention on the Software, to consult the Company by registered letter with acknowledgement of receipt in order to obtain the relevant information pertaining to the envisaged interoperability;
f) alter, disable, or remove any technical device restricting the use of the Software or the copyright notices, trade names, logos, trademarks or other intellectual property privileges or distinctive signs of the Company and/or its suppliers in or on the Software.
V.3.2 – When using the Software, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In addition, when using the Software, the user expressly undertakes not to :
a) commit, participate in, encourage, incite, solicit or promote any conduct that constitutes a criminal offense, or that may give rise to civil liability;
b) provide a Contribution or produce a Video (together the “Contents”) that does not comply with paragraph a) ;
c) use and/or copy and/or communicate Content other than through the functionalities made available by the Software;
d) use “scraping” or similar techniques to aggregate, decline, republish or use any Content other than as expressly permitted by the TOS;
e) use, directly or through a third party or an automated system, any technique of any kind whatsoever, with the purpose or effect of distorting the reality of any user’s activity, in particular but not limited to through the use of bots, botnets, scripts, applications, plugins, extensions or other automatic means;
f) rent, sell or transfer any Identifier to a third party;
g) usurp the identity of any third party in any way whatsoever, including but not limited to registering an account in the name of a third party;
h) use the personal data of a third party without the latter’s express prior authorization;
i) collect personal data or any other type of information concerning one or more users;
j) violate or otherwise circumvent any data security measures implemented by the Company, access data contained in the Software and not made available to its Users, connect to a server or account to which the User does not have the right to access, scan or test the vulnerability of the Software’s servers, systems or network, violate the Software’s authentication or data security procedures, disrupt the proper operation of the Software by any means.
The User expressly acknowledges and accepts that any attempt to commit any of the acts prohibited by the present article 5.1.1 also constitutes a breach of the GCU.
ARTICLE VI – Intellectual property and image rights
VI.1 – Content generated by interviewees
VI.1.1 – Insofar as necessary, each Interviewee acknowledges and accepts that these GCU entail, for the benefit of the User of the Mission, from whom each Interviewee has provided a Contribution, the right, on a non-exclusive basis, for the entire world, and for the duration of the applicable legal protection, to :
a) reproduce all or part of its Contribution within a video testimonial, alone or in association with the Contributions of other Interviewees and, where applicable, after having been modified according to the functionalities permitted by the Software or by third-party software, on any computer storage medium, in particular by encoding, as well as on any medium for the reproduction of images and sound, such as magnetic tape, CD or DVD-Rom, or any other medium of the same nature and serving the same purpose, in particular by engraving;
b) reproduce all or part of its Contribution as a still image, on any computer storage medium, in particular by encoding, as well as on any image reproduction medium, such as paper, cardboard or fabric, or any other medium of the same nature and serving the same purpose, in particular by printing;
c) put into circulation copies of the reproductions referred to in paragraphs a) and b) by donation or free loan, any distribution of said copies for consideration being expressly forbidden;
d) make direct and free communication to the public of the reproductions referred to in paragraphs a) and b) by broadcasting in a public or private space, as well as their free electronic communication, whether by private correspondence, audiovisual communication, or communication to the public online, by any existing or future means suitable for these purposes, in particular by means of hertzian, satellite, cable, telephone or computer networks, whether analog or digital, by wire or wireless means, in particular by streaming or downloading, the fact that the public may choose the place and/or time at which it receives communication of a videotaped testimony being irrelevant.
It is specified that the grant of rights referred to in the preceding paragraph is granted to the aforementioned User on a non-commercial basis only.
VI.1.2 – Each User benefits from the authorization granted to him under article 6.1.1 by each of the Interviewees who participated in his Mission, on condition that the User concerned makes no commercial use of the corresponding Contributions.
Commercial use” means any use likely to give rise to the collection of direct or indirect remuneration for the benefit of the User, including but not limited to the collection of a sale price, a royalty or a share of advertising revenue.
In the event that a User wishes to make commercial use of a video testimonial or Contribution, it is the User’s responsibility to contact each Interviewee who has contributed to it in order to agree with them on the appropriate legal conditions, without the Company being held liable in this respect.
Furthermore, in all cases where a video testimony incorporates Music and it is reproduced or broadcast beyond the family circle, it is the User’s responsibility to contact SACEM in order to obtain the rights and/or formalities required for this use of the Music.
VI.2 – Company rights
VI.2.1 – Provided that the Software is always used with the latest version of the System compatible with the Software, the Company grants you the right to reproduce the Software on one (1) System per Identifier, for the sole purpose of its use, and then to load, display on the System screen, and execute the Software, for the sole purpose of its use in accordance with the provisions of the GCU.
The rights referred to in the present article are granted to you on a non-exclusive basis and for the entire world, as from your acceptance of the GCU, and for the duration of your use.
VI.2.2 – You are not granted any rights to the Software other than those referred to in Article 6.1.1. Similarly, the TOS and use of the Software do not give you any rights to the trademarks, logos, software, graphic interfaces and, more generally, all content offered by the Software and supplied by the Company.
ARTICLE VII – Warranties and liability
VII.1 – Warranties
VII.1.1 – You acknowledge that you are fully informed and declare that you are aware of the specific nature of software creations, and in particular the fact that they cannot, by their very nature, be free of bugs, errors or any other defects, just as the fact that their uninterrupted use cannot technically be guaranteed. Similarly, you acknowledge that you have familiarized yourself with the features of the Software, and consider that it meets your needs.
You declare that you are aware of the characteristics of the Internet and its limitations, in particular as regards the fact that data transmissions over the Internet are only relatively technically reliable, as they circulate over heterogeneous networks with varying technical capacities, which are sometimes saturated at certain times of the day and/or may experience malfunctions, and consequently accept that the Company is not bound to guarantee uninterrupted access to the Software.
You declare that you are fully aware that maintenance operations on the server required to run the Software may render it temporarily inaccessible, as well as the fact that the said server, like any computer equipment, may experience technical breakdowns or other damage that may temporarily render use of the Software impossible.
VII.1.2 – The Company guarantees that the Software conforms to the description given on the Site and in the GTCU. Any lack of conformity appearing within six (6) months of installation of the Software is presumed to have existed at the time of installation, unless proven otherwise.
In the event of non-conformity, as resulting from the foregoing provisions, you may request an update of the Software free of charge, which must be carried out within a reasonable period of time.
Failing this, you may request a refund of the price paid to the Company from the date of notification of the non-conformity, where applicable, and provided that you cease to use the Software, or continue to use it as it stands in return for a reduction in the aforementioned price. However, this option is only available to you by law if the lack of conformity in question is major.
VII.1.3 – In addition to the warranty provided for in article 7.1.2, the Company is liable for any hidden defects in the Software which render it unfit for the use for which it was intended, or which so diminish that use that you would not have purchased it, or would have paid a lower price for it, had you been aware of them.
In particular, the Company is not liable for any defects that are apparent and of which you have been able to convince yourself.
In the event of a defect as defined in article 7.1.3, you are responsible for no longer using the Software. You may be reimbursed for the price you may have paid to the Company for access, from the time you discover the defect.
If the Company was unaware of the defects in the Software, it may only be required to refund the price it may have received. Should this not be the case, the Company may also be liable for damages, the amount of which may not exceed the direct loss suffered by you, if any.
VII.1.4 – As the principle of the software is to contact Interviewees on behalf of the User, the company falls within the scope of subcontracting in view of the definition made in the General Regulation for Data Protection (RGPD).
For each assignment, the User enters into the software the list of interviewees to be contacted by the software, by telephone and/or e-mail, and thus entrusts the Company with data processing.
In return, the Company undertakes to comply with the RGPD and in particular Article 28.
VII.1.5 – Stoïk insurance certifies that the Getinshoot company is covered for the financial consequences for which it may be declared liable following an incident covered under the Specific and General Conditions of the STOIK_CS_220128B3U1L676UK contract for the period of validity from 29/01/2022 to 29/01/2023, up to a limit of €100,000. Assurance Stoïk certifies that the Stoïk scan has found no high-risk vulnerabilities on the policyholder’s computer system.
VII.2 – Liability
VII.2.1 – The service offered by the Company constitutes a hosting service within the meaning of the French law on confidence in the digital economy or “LCEN” n°2004-575 of June 21, 2004, consisting of storing Content in order to make it available to users of the Software, under the conditions set out in the GCU.
In this respect, you are expressly informed that the aforementioned law exempts the Company from any obligation to monitor Content, and that the Company’s liability in respect of such Content may only be incurred in the event that it does not, within a short period of time, render impossible access to Content that has been duly reported to it as manifestly illicit.
Consequently, you acknowledge and accept that you are responsible for any damage that a video testimonial may cause to a third party.
VII.2.2 – You are solely responsible for the choice of the Software and the use you make of it, and acknowledge that the Company has fulfilled its obligation to provide information, and that no obligation of the Company towards you may be considered as of result or of reinforced means, unless the law expressly provides otherwise.
VII.2.3 – The Company shall only be liable to you for direct and exclusively attributable damages arising from the use of the Software in accordance with the provisions of the GTCU and its documentation, and provided that you prove the fault of the Company giving rise to its liability, your possible prejudice, and the direct causality of this fault on the prejudice claimed. The Company shall not be liable to you for any indirect, consequential or incidental damages caused by the Software, including but not limited to loss of data resulting from the use or inability to use the Software, even if the Company has been advised of the possibility of such damages.
VII.2.4 – The transfer of image rights is an agreement between the Interviewee and the User defining the rights and limitations of image use (including voice, still and video image and professional identity). Getinshoot is not a party to this contract and cannot be held liable on any grounds whatsoever.
VII.2.5 – The transfer of image rights is a standard contract made available by the Software to set out the rights and obligations of each of the parties with regard to the recording and use of the Interviewee’s image. This contract complies with French law, but it is the User’s responsibility to check that this contract does not conflict with the laws of his/her country. In this case, the User must draw up a contract by his or her own means, without the Company being involved, to lay down the rules and practices for fixing the image of the Interviewee.
VII.2.6 – If the present contract and the image rights assignment are translated into a language other than French and there are differences between the French text and the text written in the other language, the French version shall prevail, unless the translation expressly states otherwise.
VII.2.7 – The Company may not be held liable in the event of a dispute between the Interviewee and the User concerning the transfer of image rights or the use made of the User’s image or video testimony.
ARTICLE VIII – Personal data
VIII.1 – To enable use of the Software, the Company collects data which, within the meaning of the French Data Protection Act of January 6, 1978 (as amended by Ordinance no. 2018-1125 of December 12, 2018), makes it possible to designate or identify, directly or indirectly, a user (hereinafter the “Personal Data”).
In order to optimize the use of the Software, the Company measures the number of visits to the Software, the number of Contents exchanged and produced, as well as user activity on the Software. To this end, the Company uses “cookie” technology, which is emitted by the server of the Software host.
The Company also uses “cookie” technology for certain functionalities of the software, in particular in connection with promotional and advertising operations carried out on the Software, as well as in connection with content sharing.
The user acknowledges that he/she has been informed and expressly accepts that acceptance of the GCU and continued browsing constitute agreement to the deposit of the aforementioned cookies.
The user may refuse these cookies or delete them without this having any significant influence on his or her use of the Software. Any such refusal may be notified to the Company by e-mail to 43 Avenue du Partage des Eaux, L’Isle-sur-la-Sorgue 84800.
Personal Data is used by the Company or its subcontractors solely for the purposes set out in this article, and is not passed on to third parties for commercial purposes.
VIII.2 – Data is kept for as long as necessary to enable use of the software and to comply with any legal obligations incumbent on the Company.
Your Personal Data will be stored for a period of between one (1) and five (5) years from the date of your last connection to the software, depending on the nature of the Personal Data in question.
VIII.3 – Personal Data is hosted by Google Ireland Limited, whose contact details are as follows:
Google Ireland Limited
Gordon House – Barrow Street – Dublin 4 – Ireland
VIII.4 – In accordance with the law, you have the right to access, modify, delete, limit and object to your personal data. This right may be exercised directly within the Software, in the section relating to your account settings, or by e-mail to firstname.lastname@example.org.
ARTICLE IX – Applicable law
IX.1 – These general terms and conditions of use, drawn up in French, are applicable in France and throughout the world and are subject to French law.
Any claim arising out of or in connection with this contract (including the interpretation or performance of this contract) shall be governed by the laws of France.
IX.2 – The parties agree to attempt to resolve any Dispute in good faith within 30 days. If the dispute is not settled within 30 days, the parties may submit the matter to the exclusive jurisdiction of the Avignon court.