Termos e
Condições

Fliz is a specialized tool for AI-automated video creation, accessible at the URL https://www.fliz.ai.

This service pack is published by the company Fliz SAS, registered with the Nice Trade and Companies Register under number 977 626 118 (SIRET: 977 626 118 00029), whose intra-community VAT number is FR43977626118 and whose registered office is located at 18 Rue Masséna, Bureau 3, 06000 Nice (France).

The General Terms of Use (GTU) are deemed to have been read and accepted by the user of Fliz services, hereinafter referred to as the "Customer". These General Terms of Use replace any prior agreement or contractual document between Fliz and the Customer.

The General Terms of Use (GTU) are permanently available on the Customer's administration interface, available at https://app.fliz.ai. Fliz reserves the right to modify them at any time. Any major modification will be notified to the Customer at least 30 days before it enters into force.

1 – Definitions

Fliz: represents all services offered by the company Fliz and the functionalities it has developed (hereinafter "the Services") to assist in the automated creation of videos.

Customer: refers to any natural or legal person wishing to use the Services offered by Fliz.

Services: refers to all services offered by Fliz

2 – Purpose of the contract

The purpose of these General Terms of Use is to define the terms of use of the technical, intellectual, and commercial Services offered to the Customer by Fliz. The Services are functionalities created by Fliz relating to video creation in order to facilitate the promotion of products, services, or information.

The contract is formed between Fliz and the Customer after acceptance of these general terms of use.

3 – Duration

This Contract is materially concluded upon the creation of your Fliz account. The contract is concluded for an indefinite period.

Credit Policy: Fliz operates on a pay-per-use model. Purchased credits do not have an expiration date. However, no refunds will be made for purchased and unused credits, regardless of the reason.

4 – Conditions of use of services

4.1. Access to the site

The Customer is personally responsible for setting up the IT and telecommunications means allowing access to the Site https://fliz.ai and its administration space https://app.fliz.ai. As such, it is the Customer's responsibility to protect their technical equipment, particularly against any form of virus contamination and/or intrusion attempts, for which Fliz cannot be held liable. The Customer remains solely responsible for the installation, operation, and maintenance of their technical equipment necessary to access Fliz tools.

In no case shall Fliz be held liable if the proposed functionalities prove incompatible or present malfunctions with some of the Customer's software, configurations, operating systems, or equipment.

Furthermore, the Customer retains responsibility for telecommunications costs during internet access and related to the duration of use of the Service and their administration space.

4.2. Registration on the site

Registration on Fliz is free for the Customer. To register and log in, the Customer must use a Gmail email address. Fliz reserves the right to delete the account of an inactive Customer. A Customer is considered inactive after 60 days without connection to their Fliz Account.

4.3. Conditions of use of the Customer account

An account is opened in the Customer's name upon completion of their registration procedure on the Site. The Customer can only access their account using the Gmail connection.

They undertake to inform Fliz without delay of any compromise, loss, or anomaly observed regarding their Gmail password. The Customer alone bears the consequences of the disclosure of their password. Fliz undertakes to manage Customer Accounts and reserves the right to delete or suspend access to Customer Accounts in the event of proven compromise.

4.4. Purchase of credits (Pay-per-use)

To obtain Fliz credits and produce videos, the Customer must purchase credit packs via our payment provider Stripe. Fliz operates exclusively on a pay-per-use model. There is no recurring monthly subscription system, unless explicitly stated otherwise.

4.5 Conservation and download of videos

Videos created via Fliz are kept on our servers as long as the account is active and has a positive balance. In case of prolonged inactivity, videos may be deleted after a period of 30 days.

5 – Guarantees and obligation of Fliz

5.1. Regarding Services

Fliz undertakes to implement the necessary technical and human means for the realization of the Services it provides. As such, Fliz is expressly bound by an obligation of means within the framework of these presents.

Fliz guarantees the security of the hardware and software used. To the extent that the Internet is an open network, Fliz cannot commit to a guarantee of unlimited access and service availability. The Customer declares accepting these risks.

Fliz undertakes to implement the necessary measures and means to preserve the integrity and availability of information. However, Fliz reserves the right to suspend access in case of technical necessity or force majeure.

5.2. Regarding the hosting of Customer videos

Fliz undertakes to host the Customer's videos subject to compliance with public order. It is expressly agreed that Customer videos may be removed in the event of a well-founded complaint from an internet user. Fliz reserves the right to perform unannounced checks on Customer videos at any time.

6 – Guarantees and obligation of the customer

6.1. Obligations regarding the use of Services

The Customer undertakes to use the Services provided by Fliz in accordance with their purpose. The Customer refrains from any action that could harm the image of the company and the Fliz brand.

The Customer undertakes that the contents are perfectly compliant with public order, good morals, the law in force in France, as well as the rights of third parties. In particular, the Customer refrains from generating content inciting racism, violence, or infringing on intellectual property.

• Products and/or services directly or indirectly inciting racism, xenophobia, anti-Semitism, discrimination particularly racial, sexual or religious, hate or violence;
• Stolen Products and/or services;
• Products and/or services of a defamatory, injurious nature, or infringing on privacy, honor or reputation of others;
• Products and/or services infringing on intellectual property rights (counterfeit goods, counterfeit digital files, copies of audio or video recordings notably);
• Products and/or services with a medical purpose not meeting preliminary market authorization formalities.

6.2. Obligations as content provider

The Customer undertakes to verify the legal compliance and accuracy of information. All content uploaded by the Customer is and remains under their sole and entire responsibility.

7 – Financial conditions

7.1. Remuneration

Fliz offers credit packs without commitment. The rates in force are those indicated on the site at the time of purchase. Any purchase of credits is final and non-refundable.

7.2. Payment terms

Invoices relating to Services are issued by Stripe and deducted from the Customer's card. The Customer must absolutely insert a valid bank card to use Fliz services.

In case of expiration or deletion of the bank card, Fliz reserves the right to immediately suspend its services until the Customer inserts a new valid bank card.

7.3. Late payments

In case of payment delay or problem, Fliz reserves the right to suspend the execution of Services, claim late penalties and terminate this contract by right.

8 – Liability of parties

8.1. Liability of Fliz

Fliz is responsible in case of failure to fulfill obligations incumbent upon it. Fliz's liability cannot be engaged in case of non-compliant use or fault of the Customer. Fliz declines all responsibility regarding the content and legal value of generated videos.

8.2. Liability of the Customer

The Customer is responsible for compliance with regulations applicable to their activity. They are solely responsible for the use of their Fliz videos which must comply with current legislation. The Customer guarantees Fliz against any third-party claim.

9 – Force Majeure

Fliz cannot be held responsible for any delay or non-performance resulting from force majeure within the meaning of article 1148 of the Civil Code (strikes, riots, bad weather, network failures, etc.).

10 – Recourse

The Customer will bear all damages and interest to which Fliz might be condemned due to a breach by the Customer. Fliz undertakes to inform the Customer of any claim presented by a third party.

11 – Termination

Failure by either Party to fulfill its obligations may result in the termination of the Contract by right. Fliz undertakes to allow the Customer to download their videos before deletion.

12 – Property

All Services provided by Fliz remain the property of Fliz. The Customer authorizes Fliz to use their distinctive signs solely for the needs of the service and in compliance with their graphic charter.

13 – Confidentiality

The Parties undertake to preserve the confidentiality of exchanged information (technical knowledge, commercial, know-how).

14 – Agreement on proof

The Parties accept that in case of dispute, identification elements (login/pass) and validation emails constitute proof before the courts.

15 – Commercial reference

Fliz reserves the right to use the Customer's name as a commercial reference. Reciprocally, the Customer may use Fliz's name as a commercial reference.

16 – General provisions

16.1 – Modification of Fliz

No modification in the legal form of Fliz will terminate the contract.

16.2 – Assignment of contract – Subcontracting

Fliz reserves the right to assign the contract or subcontract all or part of the services.

16.3 – Independence of Parties

The contract does not create any joint venture or mandate between the parties.

16.4 – Notification

Any official notification must be made to the following address: FLIZ SAS, 18 Rue Masséna, Bureau 3, 06000 Nice, France.

16.5 – Waiver

Any tolerance shall not amount to modification of the GTU nor generate any right.

16.6 – Survival of contract

The nullity of a clause does not affect the validity of other clauses.

16.7 – Headings

Headings are for convenience of reading only.

16.8 – Entire agreement

This contract replaces all prior agreements and proposals.

16.9 – Competent court and applicable law

The GTU are subject to French law. Any dispute will be submitted to the commercial court of Nice.