Effective date: November 25th, 2020
The platform accessible through the www.getframes.co domain name (the “Site”) and the Frames app (the “App”) are provided by PROMPT SAS (hereinafter referred to as “us”, “we” or the “Company”), a French entity with registered address at 128, rue La Boetie, 75008 PARIS - FRANCE. The Company is registered in the Commercial Registry of Paris, under reference number 841985799. You may contact us by sending an email to email@example.com.
The purpose of the Site and the App is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of video & audio stories (the « Frames ») and sharing them in conversation channels, and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
Neither the Site nor the App are not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least age 16 to access and use them, as well as to use the Services. If you are between 14 and 16 years old, you may only use them under the supervision of a parent or legal guardian.
We make our best efforts to ensure that all general and business information is comprehensive and error-free, and we periodically review the contents, information and any other data of any kind included in the Site and/or the App. However, you acknowledge and accept that all data available in there is provided for information purposes only, and that the Company does not warrant nor accepts any liability for any errors existing in the information. We recommend you that you search from time to time for updates of or amendments to the contents of the Site and/or the App.
You must use the Site and App complying with law and public order. In particular, you undertake to not use them to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site, the App and/or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company.
You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from your use of the Site and/or the App in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
We make our best efforts to ensure that the Site and/or the App are available and fully functional. However, and to the maximum extent permitted under applicable law, we do not warrant that the Site and/or the App will always be available, undisrupted and error-free. In particular but without limitation, we shall not be held liable in the event of:
- Technical errors preventing their regular use and caused by force majeure circumstances ;
- Maintenance works impacting the availability and access of the Site and/or the App;
- Damages based on the contents of the Site and/or App;
- A wrongful use of the Site and/or the App, or a use contrary to the law, these ToU or any other agreement between you and the Company;
- An unauthorized third-party gains access to the Site, the App or the Services;
- Conflicts arisen between you and other users; or
- Contents uploaded by you to the Site and/or the App.
All works, trademarks, software or other contents and creations displayed or otherwise provided or made available by us are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the App and/or the Services under the terms and conditions described in these ToU. Therefore, and except when authorized in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
We are not liable for websites and contents provided by third parties and linked or embed in the Site, the App or the Services, either as advertisement banners or otherwise included in any content. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offered through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee or recommend the linked websites, contents, services or products. You acknowledge that terms and conditions may apply to the access and use of said services, products and websites, and that you are responsible for reviewing and accepting them.
We may update, delete, amend or modify the Services, the Site and/or the App and the information provided through them from time to time. Likewise, we may delete access to the Services or the Site or App from time to time, by providing prior reasonable notice.
The rights and obligations of the parties under these ToU shall be governed by French law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The illegality, invalidity, nullity or non enforceability of any of the sections of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we ail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
Effective date: November 25th, 2020
The platform accessible through the www.getframes.co domain name (the “Site”), the Frames app (the “App”), and the services offered through both the Site and the App are provided by PROMPT SAS (hereinafter referred to as “us”, “we” or the “Company”), a French entity with registered address at 128 rue La Boetie, 75008 PARIS. The Company is registered in the Commercial Registry of Paris under reference number 841985799, and conducts business under the ‘Frames’ trade name. You may contact us by sending an email to firstname.lastname@example.org.
In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these STC. Please note that the Account also enables you to use the functionalities aimed at interacting with the product accessible through the Site and the App. Should you decide to use those functionalities, the Developer Terms and Conditions apply to you in addition to these STC.
Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these STC, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.
The Services are only addressed to individuals being sixteen (16) years of age or older. By filing out the registration forms and requesting into our Services, you warrant and represent that you have that legal age.
In order to access the Services, you will need to register and create a personal and non-transferable account (the “Account”). To this end, you must provide true, accurate, current, complete and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.
We may provide different plans offering different functionalities and features, and subject to different pricing conditions. Services definition may vary from time to time and further and detailed information on the current features and functionalities of the Service is provided during sign up process. Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current and complete. Note that when you are providing your information and accepting these STC, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please contact us.
Once Account has been successfully created, Services will be available and ready to use. Note, however, that access to and use of certain functionalities and Services may be subject to payment requirements. We will provide any information in connection with the same in the Site and/or the App.
This section does not preclude your rights as consumer under section 7 below —if you are using the Services as a consumer, you are entitled to cancel and withdraw from these STC and the Services under the terms and conditions detailed in that section.
To ensure you are provided with high-quality Services, we may rely on from time to time third parties service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable by any damages caused by an action or omission attributable to them.
Also, you may decide to use third parties to process the information you may collect through the Services. In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising out the use of said information by those third parties. We recommend you to carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying or even deleting said information.
Accounts are to be used by you, and it is strictly forbidden to share nor allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, nor to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at email@example.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.
You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:
1. Access the Site, App, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these STC;
2. Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper the security measures, usage rules or other protection measures implemented by us, our service providers or any third parties to protect the Site, the App, the Accounts or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions;
3. Access, tamper with, or use non-public areas of the Service or the Site or App, the computer systems of the Company, or the technical delivery systems of our providers;
4. Process data considered as ‘sensitive’ under European data protection laws as well as those relating to payment details, this can only be done as long as you have obtained our prior written approval; For clarification purposes, this includes health data or any other information relating to an individual's health, as well as to upload any documents related to the same or ask for the upload of the same;
5. Use any metatags or other hidden text or metadata in the Site, the App or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
6. Use, display, mirror, or frame the Site, App or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site or App, or the intellectual property rights and other proprietary rights of the Company;
7. Attempt to access or search the Services, Site or App, or scrap or download content from the Services, Site or App, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services, Site or App through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines;
8. Reverse engineer, decompile or disassemble software used in connection with Frames, Site, App or Services;
9. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, the App or the Site;
10. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site, the App or the Services or your access to or use of the Site, App or Services;
11. Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;
12. Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;
13. Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services and our product to monitor the availability, performance or functionality of our Services or the Site or the App, or for benchmarking or other competitive purposes;
14. Send any unsolicited or unauthorized electronic commercial communications, chain letters or other form of non-authorized solicitation; or/and
15. Otherwise, use the Account, Site, App or Services in a manner contrary to the rights and legitimate interests of the Company or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site, the App or the Services.
For avoidance of doubt, you —or any third party authorized by you— may carry out any action that enables the Services or the App to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties —regardless of whether said collection of information took place in the past, is taking place in the present or is intended to be carried out in the future— by means of said integrations and that further third parties’ terms and conditions may apply to you APIs usage. Therefore, you understand and agree that we shall not defend, indemnify or hold you harmless for any and all costs or damages arising from those third parties actions and integrations.
The Site, the App and the Services may include information, graphics, text, images and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site, App and Services, and their legality, accuracy and completeness are the sole responsibility of the party that have uploaded them to or provided as part of them. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site, App or Services. However, to ensure we can provide you with the Services, you grant us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable, license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site, the App and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.
Please note that by submitting contents (photos or videos) into the Service, said contents are made publicly available to third parties. Please, evaluate whether you want to share said contents under those conditions before submitting them as part of the Services.
You acknowledge that your content should not offensive, including :
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or harm a targeted individual or group. Professional political satirists and humorists are generally exempt from this requirement.
- Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.
- Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.
- Overtly sexual or pornographic material, defined as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.
- "Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.False information and features.
- Content that risks leading to physical harm
Without prejudice to section 3.b above, you accept not to upload into the Services or the Site or App, or post, email, transmit, share or otherwise use, in conjunction with, or related in any manner with the Services contents in respect of which you do not count with the prior authorization of their titleholders. We are not responsible for said contents nor the actions you may take with respect of the contents, and you shall not use third parties’ contents unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, music, texts, graphics, information, trademarks, trade names, or other contents protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as for instance, providing through the Services links to P2P platforms including infringing materials.
Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.
You acknowledge that we may conduct reviews of content in channels to filter objectionable material, offensive content, from being posted to the Site or App. You can contact us to report objectionable content by emailing us at firstname.lastname@example.org.
For clarification purposes, the obligations set forth in this section shall apply to any 'Team' functionality (or any other similar collaboration functionality).
You undertake to submit true, accurate, current and complete information for the Account creation, and to notify us from time to time so as to keep said information actual and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, the App, your Account or the Services.
Payment conditions for the Services will be updated upon release of the paid version.
The term for our Services shall commence upon creation of an Account with us and shall remain in force indefinitely unless terminated by you. Any Account having pre-paid features shall be subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel their renewal of your Account. In any such cases and except that you decide to cancel your entire Account, the subscription for which you have paid for will run for the entire contracted term, and your Account will be downgraded to a basic free Account.
As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These STC apply as long as you count with an Account at our Site/App, regardless on the type of Account you held at each moment (free or paid one).
This section shall not prevent the rights you have as a consumer in connection with the cancellation of or withdrawal from your Account. For further information please refer to section 7 below.
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current or incomplete information when creating your Account, as well as when you fail to comply with these STC or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these STC.
We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of fifteen (15) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.
You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site or the App, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.
The Services are available upon completion of the sign up process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.
The Services are available upon completion of the sign up process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.
The Services may include functionality that allows you to access and post content to social media and third parties platforms regarding your activities while using our Services. If you choose to use this functionality, we may:
- have access to certain information that you make available through the social media or third parties’ platforms at issue, provided that the data has been made available to us under the terms and conditions and privacy policies set forth by said third parties; or
- post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.
Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third parties’ platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third parties’ platform accounts.
To the maximum extent permitted by applicable law, the Site, the App and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance, remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these STC cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these STC, your Account, or the Services.
Subject to sections 9 and 10 above, Company’s maximum, aggregate liability to you , and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, the Site or the App will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.
The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or —subject to you using the Services as a consumer— injury or death.
You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site, the App or the Services, and activities occurring under your Account; (b) any violation of these STC; or (c) your violation of any other party’s rights or applicable law. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
We may modify from time to time these STC. We will provide you with reasonable prior written notice of any change. Should the changes substantially modify these STC, we will provide you with prior notice. If you do not agree to any amendments to the STC, you shall (as your sole remedy) stop using the Site, the App and the Services. By continuing to use the Services, the Site, or the Services, you are providing your agreement to be bound by the updated terms of the STC.
The illegality, invalidity, nullity or unenforceability of any of the sections of these STC will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we ail to respond to a breach of these STC by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company. These STC constitute the entire agreement between you and the Company with respect to your Account and the Services. Both, you and the Company, warrant to each other that, in entering these STC, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these STC.
The rights and obligations set forth in these STC (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company.
You can contact us in case you have any doubts, comments or concerns by any of the following means:
128 rue La Boetie
These STC shall be governed and construed in accordance with French law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site, the App or the Services shall be subject to the jurisdiction of the courts in Paris, France.
If you are acting as a consumer, these STC shall be governed and construed in accordance with French law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Paris, France, shall have no exclusive jurisdiction in connection with any claim brought by you against the Company.
You may also access to the European Union’s online dispute resolution webpage at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Text-based data is comprised of users name, notifications, password, video names, Rooms names, descriptions, and so on. The majority of this data is stored on an encrypted database at both rest and in-transit within AWS SSL certificate of https. This server is behind a VPC that only privileged servers have access to (such as our backend application servers). Some of this data is encrypted and sent to our caching layer where it is also encrypted at-rest. This caching layer is also behind a VPC and is additionally not accessible between data centers within AWS. E-mail & name collected upon invitation: no content, not users we delete this data if account is not activated.
This is users avatars, videos and thumbnails. These files are stored on our CDN, which can only be accessed by certain of our own systems and engineers within our organization who have special access.
In order to speed up delivery of users videos to their computer, we utilize our CDN. Our CDN makes use of public URLs. The CDN URL is not users’ video page URL. Users' video page URL stays the same no matter what, but users’ CDN URL is the URL that actually delivers the video content.
Users video data never leaves Frames platform to a third-party system. It always stays in our CDN.
On the other hand, users textual data (name, email, Frames userId, and so on) does leave to our trusted third-party systems. We think it's important users understand why we send users' data to these systems. If users don't agree with or understand our rationale, users can email us at email@example.com. If users do not agree with users data going to a specific system, and users have an individual Frames account, deleting users Frames account will permanently delete all of users data from all our systems and third-party providers.
We are using third-party services that act as data processors for us. When we work with these service providers in our capacity as a data processor for our User’s personal data, the General Data Protection Regulation (GDPR) calls these third-party service providers a sub-processor. A sub-processor is a third party data processor engaged by Frames who may have access to or process personal data: (i) on behalf of Frames customers; (ii) in accordance with customer instructions as communicated by Frames; and (iii) in accordance with the terms of a written contract between Frames and the sub-processor.